Full Text of HB1397 99th General Assembly
HB1397 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1397 Introduced 2/6/2015, by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/30-9 | from Ch. 122, par. 30-9 | 105 ILCS 5/30-10 | from Ch. 122, par. 30-10 | 105 ILCS 5/30-11 | from Ch. 122, par. 30-11 | 105 ILCS 5/30-12 | from Ch. 122, par. 30-12 | 105 ILCS 5/30-12.5 | | 105 ILCS 5/30-13 | from Ch. 122, par. 30-13 | 105 ILCS 5/30-13.5 | |
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Amends the School Code. Allows each member of the General Assembly to nominate persons from his or her district, which persons shall receive a certificate of scholarship in a State university designated by the member. Sets forth provisions concerning such nominations, including the number of persons a member may nominate and the length of the scholarships. Provides for the waiver of confidentiality as a condition of nomination. Provides for the use of a scholarship, including that the scholarship exempts the holder from the payment of tuition and fees.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 30-9, 30-10, 30-11, 30-12, 30-12.5, 30-13, and 30-13.5 as | 6 | | follows:
| 7 | | (105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
| 8 | | Sec. 30-9. General Assembly scholarship; conditions of | 9 | | admission; award by
competitive examination. Each member of the | 10 | | General Assembly may nominate annually 6 persons of
school age | 11 | | and otherwise eligible from his or her district; 4 shall
| 12 | | receive a
one-year certificate of scholarship in any State
| 13 | | university designated by the member and 2 shall receive a | 14 | | 4-year certificate of scholarship in any State university | 15 | | designated by the member. The nominee, if a graduate of a | 16 | | school
accredited by the university to which nominated, shall | 17 | | be admitted to the
university on the same conditions as to | 18 | | educational qualifications as are
other graduates of | 19 | | accredited schools. If the nominee is not a graduate of
a | 20 | | school accredited by the university to which nominated, he or | 21 | | she must, before
being entitled to the benefits of the | 22 | | scholarship, pass an examination
given by the regional | 23 | | superintendent of schools of the county where he or she |
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| 1 | | resides. The
president of each university shall prescribe the | 2 | | rules governing the
examination for scholarship to his or her | 3 | | university.
| 4 | | A member of the General Assembly may award the scholarship | 5 | | by
competitive examination even though one or more of the | 6 | | applicants are graduates of schools
accredited by the | 7 | | university.
| 8 | | A member of the General Assembly may delegate to the | 9 | | Illinois Student
Assistance Commission the authority to | 10 | | nominate persons for General Assembly
scholarships that the | 11 | | member would otherwise be entitled to award or may
direct the | 12 | | Commission to evaluate and make recommendations to the member
| 13 | | concerning candidates for such scholarships. In the event a | 14 | | member
delegates his or her nominating authority or directs the | 15 | | Commission to evaluate
and make recommendations concerning | 16 | | candidates for General Assembly
scholarships, the member shall | 17 | | inform the Commission in writing of the
criteria that he or she | 18 | | wishes the Commission to apply in nominating or
recommending | 19 | | candidates. Those criteria may include some or all of the
| 20 | | criteria provided in Section 25 of the Higher Education Student
| 21 | | Assistance Act. A delegation of authority under this paragraph | 22 | | may be revoked
at any time by the member.
| 23 | | Failure of a member of the General Assembly to make a | 24 | | nomination in any
year shall not cause that scholarship to | 25 | | lapse, but the member may make a
nomination for such | 26 | | scholarship at any time thereafter before the
expiration of his |
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| 1 | | or her term, and the person so nominated shall be entitled to
| 2 | | the same benefits as holders of other scholarships provided | 3 | | herein. Any
such scholarship for which a member has made no | 4 | | nomination prior to the
expiration of the term for which he or | 5 | | she was elected shall lapse upon the
expiration of that term. | 6 | | Any nominations made under this Section are subject to the | 7 | | approval of a bipartisan nomination review committee to be | 8 | | created jointly by the Speaker of the House and the President | 9 | | of the Senate. | 10 | | The General Assembly scholarship of a nominee shall be | 11 | | revoked upon a determination by the State Board of Education, | 12 | | after a hearing, that the member of the General Assembly making | 13 | | the nomination awarded the scholarship in a fraudulent manner. | 14 | | Upon revocation of the scholarship, the General Assembly member | 15 | | shall personally reimburse the university for the full amount | 16 | | of any tuition waived or he or she is thereafter ineligible for | 17 | | reelection as a member of the General Assembly. | 18 | | (Source: P.A. 97-772, eff. 7-11-12.)
| 19 | | (105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
| 20 | | Sec. 30-10. Filing nominations; failure | 21 | | nominations-Failure to accept or pass; second pass-Second
| 22 | | nomination. Nominations under Section 30-9, showing the name | 23 | | and address of the
nominee and the term of the scholarship, | 24 | | whether 4 years or
one year, must be filed with the State | 25 | | Superintendent of Education not later
than the opening day of |
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| 1 | | the semester or term with which the scholarship is to
become | 2 | | effective. The State
Superintendent of Education shall | 3 | | forthwith notify the
president of the university of such | 4 | | nomination.
| 5 | | If the nominee fails to accept the nomination or, not being | 6 | | a
graduate of a school accredited by the university, fails to | 7 | | pass the
examination for admission, the president of the | 8 | | university shall at once
notify the State Superintendent of | 9 | | Education. Upon receiving such notification,
the State | 10 | | Superintendent of Education shall notify the nominating
| 11 | | member, who may name another person for the scholarship. The | 12 | | second
nomination must be received by the State Superintendent | 13 | | of Education not
later than the middle of the semester or term | 14 | | with which the scholarship
was to have become effective under | 15 | | the original nomination in order to
become effective as of the | 16 | | opening date of such semester or term,
otherwise it shall not | 17 | | become effective until the beginning of the next
semester or | 18 | | term following the making of the second nomination. Upon
| 19 | | receiving such notification, the State Superintendent of | 20 | | Education shall
notify the president of the university of such | 21 | | second nomination.
If any person nominated to receive a General | 22 | | Assembly scholarship changes his or her residence
to a location | 23 | | outside of the district from which he or she was nominated, his | 24 | | or her
nominating member may terminate that scholarship at the | 25 | | conclusion of
the academic year in which he or she is then | 26 | | enrolled. For purposes of this
paragraph, a person changes his |
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| 1 | | or her residence if he or she registers to vote in a
location | 2 | | outside of the district from which he or she was nominated, but | 3 | | does
not change his or her residence merely by taking | 4 | | off-campus housing or living
in a non-university residence. | 5 | | Any nominations made under this Section are subject to | 6 | | approval of the nomination review committee created pursuant to | 7 | | Section 30-9 of this Code. | 8 | | (Source: P.A. 97-772, eff. 7-11-12.)
| 9 | | (105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
| 10 | | Sec. 30-11. Failure to use scholarship; further | 11 | | scholarship - Further nominations. If any nominee under Section | 12 | | 30-9 or 30-10 discontinues his or her course
of instruction or | 13 | | fails to use the scholarship, leaving one, 2, 3, or 4
years | 14 | | thereof unused, the member of the General Assembly may, except | 15 | | as
otherwise provided in this Article, nominate some other | 16 | | person eligible
under this Article from his or her district who | 17 | | shall be entitled to the
scholarship for the unexpired period | 18 | | thereof. If a scholarship is vacated and the member of the | 19 | | General Assembly who made the
original appointment has ceased | 20 | | to be a member, some eligible person may
be nominated in the | 21 | | following manner to fill the vacancy: if the
original | 22 | | appointment was made by a Senator, such nomination shall be
| 23 | | made by the Senator from the same district; if the original | 24 | | appointment
was made by a Representative,
such nomination
shall | 25 | | be made by the Representative
from the same district. Every |
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| 1 | | nomination to fill a vacancy must
be accompanied either by a | 2 | | release of the original nominee or, if he or she is
dead, an | 3 | | affidavit to that effect by some competent person. The
failure | 4 | | of a nominee to register at the university within 20 days after
| 5 | | the opening of any semester or term shall be deemed a release | 6 | | by him or her of
the nomination, unless he or she has been | 7 | | granted a leave of absence in
accordance with Section 30-14 or | 8 | | unless his or her absence is by reason of his or her
entry into | 9 | | the military service of the United States. The university shall | 10 | | immediately, upon the
expiration of 20 days after the beginning | 11 | | of the semester or term, notify
the State Board of Education
as | 12 | | to the status of each
scholarship, who shall forthwith notify | 13 | | the nominating member of any
nominee's failure to register or, | 14 | | if the nominating member has ceased to
be a member of the | 15 | | General Assembly, shall notify the member or members
entitled | 16 | | to make the nomination to fill the vacancy. All nominations to | 17 | | unused
or unexpired scholarships shall be effective as of the | 18 | | opening of the semester
or term of the university during which | 19 | | they are made if they are filed with
the university during the | 20 | | first half of the semester or term, otherwise
they shall not be | 21 | | effective until the opening of the next following
semester or | 22 | | term. | 23 | | Any nominations made under this Section are subject to | 24 | | approval of the nomination review committee created pursuant to | 25 | | Section 30-9 of this Code. | 26 | | (Source: P.A. 97-772, eff. 7-11-12.)
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| 1 | | (105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
| 2 | | Sec. 30-12. Failure to begin or discontinuance of course | 3 | | because of military service. Any nominee, under Section 30-9, | 4 | | 30-10, or 30-11, who fails to begin
or discontinues his or her | 5 | | course of instruction because of his or her entry into the
| 6 | | military service of the United States, leaving all or a portion | 7 | | of the
scholarship unused, may, upon completion of such | 8 | | service, use the
scholarship or the unused portion thereof, | 9 | | regardless of whether or not the
member of the General Assembly | 10 | | who nominated him or her is then a member; provided
that during | 11 | | the nominee's period of military service, no other person may | 12 | | be
nominated by such member to all or any portion of such | 13 | | unused or unfinished
scholarship unless the nomination is | 14 | | accompanied either by a release of the
original nominee or, if | 15 | | he or she is dead, an affidavit to that effect by some
| 16 | | competent person. | 17 | | Any nominations made under this Section are subject to | 18 | | approval of the nomination review committee created pursuant to | 19 | | Section 30-9 of this Code. | 20 | | (Source: P.A. 97-772, eff. 7-11-12.)
| 21 | | (105 ILCS 5/30-12.5)
| 22 | | Sec. 30-12.5. Waiver of confidentiality.
| 23 | | (a) As a condition of nomination for a General Assembly | 24 | | scholarship under
Section 30-9, 30-10, 30-11, or 30-12, each |
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| 1 | | nominee shall provide to the member of the
General Assembly | 2 | | making the nomination a waiver document stating that,
| 3 | | notwithstanding
any provision of law to the contrary, if the | 4 | | nominee receives a General
Assembly scholarship, then the | 5 | | nominee waives all rights to confidentiality
with respect to | 6 | | the contents of the waiver document. The waiver document shall
| 7 | | state at a minimum the
nominee's name,
domicile address, | 8 | | attending university, degree program in which the
nominee is | 9 | | enrolled, amount of tuition waived by the General Assembly
| 10 | | scholarship
and the name of the member of the General
Assembly | 11 | | who is making the nomination.
The waiver document shall also | 12 | | contain a statement by the nominee that, at
the time of the | 13 | | nomination for the General Assembly scholarship, the domicile | 14 | | of the
nominee is within the legislative district of the | 15 | | legislator making the
scholarship nomination.
The waiver | 16 | | document must be signed by
the nominee, and the nominee shall | 17 | | have his or her signature on the waiver
document
acknowledged | 18 | | before a notary public. The member of the General Assembly | 19 | | making
the nomination shall file the signed, notarized waiver | 20 | | document, together with
the
nomination itself, with the State | 21 | | Superintendent of Education.
By so filing the waiver document, | 22 | | the member waives all of his or her rights to
confidentiality | 23 | | with respect to the contents of the waiver document.
| 24 | | (b) The General Assembly scholarship of any nominee shall | 25 | | be revoked upon a
determination by the State Board of | 26 | | Education, after a hearing, that the nominee
knowingly provided |
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| 1 | | false or misleading information on the waiver document.
Upon | 2 | | revocation of the General Assembly scholarship, the | 3 | | scholarship nominee shall
reimburse the university for the full | 4 | | amount of any tuition waived prior to
revocation of the | 5 | | scholarship.
| 6 | | (c) The Illinois Student Assistance Commission shall | 7 | | prepare a form waiver
document
to be used as provided in | 8 | | subsection (a) and shall provide copies of the form
upon | 9 | | request. | 10 | | (Source: P.A. 97-772, eff. 7-11-12.)
| 11 | | (105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
| 12 | | Sec. 30-13. Use of scholarship at public university. The | 13 | | scholarships issued under Sections 30-9 through 30-12
of this | 14 | | Article may be used at the University of Illinois, Southern | 15 | | Illinois
University, Chicago State University, Eastern | 16 | | Illinois University, Governors
State University, Illinois | 17 | | State University, Northeastern Illinois University,
Northern | 18 | | Illinois University, and Western Illinois University as | 19 | | provided in
those Sections. Unless otherwise indicated, these
| 20 | | scholarships shall be good for a period of not more than 4 | 21 | | years while enrolled
for residence credit and shall exempt the | 22 | | holder from the payment of tuition
or any matriculation, | 23 | | graduation, activity, term, or incidental fee, except
any | 24 | | portion of a multipurpose fee that is used for a purpose for | 25 | | which
exemption is not granted under this Section. Exemption |
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| 1 | | shall not be granted
from any other fees, including book | 2 | | rental, service, laboratory, supply,
union building, hospital, | 3 | | and medical insurance fees and any fees established
for the | 4 | | operation and maintenance of buildings, the income of which is | 5 | | pledged
to the payment of interest and principal on bonds | 6 | | issued by the governing
board of any university.
| 7 | | Any student who has been or shall be awarded a scholarship | 8 | | shall be
reimbursed by the appropriate university for any fees
| 9 | | that he or she has paid and for which exemption is granted | 10 | | under this Section if
application for such reimbursement is | 11 | | made within 2 months following the term for which the fees were | 12 | | paid.
| 13 | | The holder of a scholarship shall be subject to all | 14 | | examinations, rules,
and requirements of the university in | 15 | | which he or she is enrolled
except as herein directed.
| 16 | | This Article does not prohibit the Board of Trustees of the | 17 | | University of Illinois, Southern Illinois
University, Chicago | 18 | | State University, Eastern Illinois University, Governors
State | 19 | | University, Illinois State University, Northeastern Illinois | 20 | | University,
Northern Illinois University, or Western Illinois | 21 | | University from granting other scholarships. | 22 | | (Source: P.A. 97-772, eff. 7-11-12.)
| 23 | | (105 ILCS 5/30-13.5) | 24 | | Sec. 30-13.5. General Assembly scholarship program | 25 | | previously abolished. Before September 1, 2012, each member of |
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| 1 | | the General Assembly may nominate persons to receive a | 2 | | scholarship or certificate of scholarship under Sections 30-9, | 3 | | 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they | 4 | | existed before July 11, 2012 ( the effective date of Public Act | 5 | | 97-772) this amendatory Act of the 97th General Assembly . A | 6 | | person nominated to receive or awarded such a scholarship or | 7 | | certificate before September 1, 2012 is entitled to the | 8 | | scholarship under the terms of Sections 30-9, 30-10, 30-11, | 9 | | 30-12, 30-12.5, and 30-13 of this Code as they existed before | 10 | | July 11, 2012 ( the effective date of Public Act 97-772) this | 11 | | amendatory Act of the 97th General Assembly and Section 30-14 | 12 | | of this Code.
| 13 | | (Source: P.A. 97-772, eff. 7-11-12.)
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