Public Act 097-0772
 
HB3810 EnrolledLRB097 13322 RPM 57838 b



    AN ACT concerning education. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
 
    Section 5. The School Code is amended  by changing Sections 
30-9, 30-10, 30-11, 30-12, 30-12.5, and  30-13 and by adding 
Section 30-13.5 as follows:
 



    (105 ILCS 5/30-9)  (from Ch. 122, par. 30-9)



    Sec. 30-9. 
General Assembly scholarship; conditions of 
admission; award by
competitive examination.

    Each member of the General Assembly may nominate annually 2 
persons of
school age and otherwise eligible, from his 
district; each shall
receive a
certificate of scholarship in 
any State supported
university designated by the member. Any 
member of the General Assembly in
making nominations under this 
Section may designate that his nominee be
granted a 4 year 
scholarship or may instead designate 2 or 4 nominees for
that 
particular scholarship, each to receive a 2 year or a one year

scholarship, respectively. The nominee, if a graduate of a 
school
accredited by the University to which nominated, shall 
be admitted to the
university on the same conditions as to 
educational qualifications as are
other graduates of 
accredited schools. If the nominee is not a graduate of
a 
school accredited by the university to which nominated, he 
must, before
being entitled to the benefits of the scholarship, 
pass an examination
given by the superintendent of schools of 
the county where he resides at
the time stated in Section 30-7 
for the competitive examination. The
president of each 
university shall prescribe the rules governing the
examination 
for scholarship to his university.

    A member of the General Assembly may award the scholarship 
by
competitive examination conducted under like rules as 
prescribed in Section
30-7 even though one or more of the 
applicants are graduates of schools
accredited by the 
university.

    A member of the General Assembly may delegate to the 
Illinois Student
Assistance Commission the authority to 
nominate persons for General Assembly
scholarships which that 
member would otherwise be entitled to award, or may
direct the 
Commission to evaluate and make recommendations to the member

concerning candidates for such scholarships. In the event a 
member
delegates his nominating authority or directs the 
Commission to evaluate
and make recommendations concerning 
candidates for General Assembly
scholarships, the member shall 
inform the Commission in writing of the
criteria which he 
wishes the Commission to apply in nominating or
recommending 
candidates. Those criteria may include some or all of the

criteria provided in Section 25 of the Higher Education Student

Assistance Act. A delegation of authority under this paragraph 
may be revoked
at any time by the member.

    Failure of a member of the General Assembly to make a 
nomination in any
year shall not cause that scholarship to 
lapse, but the member may make a
nomination for such 
scholarship at any time thereafter before the
expiration of his 
term, and the person so nominated shall be entitled to
the same 
benefits as holders of other scholarships provided herein. Any

such scholarship for which a member has made no nomination 
prior to the
expiration of the term for which he was elected 
shall lapse upon the
expiration of that term.

(Source: P.A. 93-349, eff. 7-24-03.)

 



    (105 ILCS 5/30-10)  (from Ch. 122, par. 30-10)



    Sec. 30-10. 
Filing nominations-Failure to accept or 
pass-Second
nomination.

    Nominations, under Section 30-9, showing the name and 
address of the
nominee, and the term of the scholarship, 
whether 4 years, 2 years or
one year, must be filed with the 
State Superintendent of Education not later
than the opening 
day of the semester or term with which the scholarship is to

become effective. The State
Superintendent of Education shall 
forthwith notify the
president of the university of such 
nomination.

    If the nominee fails to accept the nomination or, not being 
a
graduate of a school accredited by the university, fails to 
pass the
examination for admission, the president of the 
university shall at once
notify the State Superintendent of 
Education. Upon receiving such notification,
the State 
Superintendent of Education shall notify the nominating

member, who may name another person for the scholarship. The 
second
nomination must be received by the State Superintendent 
of Education not
later than the middle of the semester or term 
with which the scholarship
was to have become effective under 
the original nomination in order to
become effective as of the 
opening date of such semester or term
otherwise it shall not 
become effective until the beginning of the next
semester or 
term following the making of the second nomination. Upon

receiving such notification, the State Superintendent of 
Education shall
notify the president of the university of such 
second nomination.
If any person nominated after the effective 
date of this amendatory Act
of 1973 to receive a General 
Assembly scholarship changes his residence
to a location 
outside of the district from which he was nominated, his

nominating member may terminate that scholarship at the 
conclusion of
the college year in which he is then enrolled. 
For purposes of this
paragraph, a person changes his residence 
if he registers to vote in a
location outside of the district 
from which he was nominated, but does
not change his residence 
merely by taking off-campus housing or living
in a 
nonuniversity residence.

(Source: P.A. 93-349, eff. 7-24-03.)

 



    (105 ILCS 5/30-11)  (from Ch. 122, par. 30-11)



    Sec. 30-11. Failure to use scholarship - Further 
nominations. If any nominee under Section 30-9 or 30-10 
discontinues his course
of instruction or fails to use the 
scholarship, leaving 1, 2, 3, or 4
years thereof unused, the 
member of the General Assembly may, except as
otherwise 
provided in this Article, nominate some other person eligible

under this Article from his district who shall be entitled to 
the
scholarship for the unexpired period thereof. Such 
appointment to an
unexpired scholarship vacated before July 1, 
1961, may be made only by
the member of the General Assembly 
who made the original appointment and
during the time he is 
such a member. If a scholarship is vacated on or
after July 1, 
1961, and the member of the General Assembly who made the

original appointment has ceased to be a member, some eligible 
person may
be nominated in the following manner to fill the 
vacancy: If the
original appointment was made by a Senator, 
such nomination shall be
made by the Senator from the same 
district; if the original appointment
was made by a 
Representative,
such nomination
shall be made by the 
Representative
from the same district. Every nomination to fill 
a vacancy must
be accompanied either by a release of the 
original nominee or if he is
dead then an affidavit to that 
effect by some competent person. The
failure of a nominee to 
register at the university within 20 days after
the opening of 
any semester or term shall be deemed a release by him of
the 
nomination, unless he has been granted a leave of absence in

accordance with Section 30-14 or unless his absence is by 
reason of his
entry into the military service of the United 
States. The university shall immediately upon the
expiration of 
20 days after the beginning of the semester or term notify
the 
State Board of Education
as to the status of each
scholarship, 
who shall forthwith notify the nominating member of any

nominee's failure to register or, if the nominating member has 
ceased to
be a member of the General Assembly, shall notify the 
member or members
entitled to make the nomination to fill the 
vacancy. All nominations to unused
or unexpired scholarships 
shall be effective as of the opening of the semester
or term of 
the university during which they are made if they are filed 
with
the university during the first half of the semester or 
term, otherwise
they shall not be effective until the opening 
of the next following
semester or term.

(Source: P.A. 93-349, eff. 7-24-03.)

 



    (105 ILCS 5/30-12)  (from Ch. 122, par. 30-12)



    Sec. 30-12. Failure to begin or discontinuance of course 
because of military service. 
    Any nominee, under Sections 30--9, 30--10, or 30--11, who 
fails to begin
or discontinues his course of instruction 
because of his entry into the
military service of the United 
States, leaving all or a portion of the
scholarship unused, 
may, upon completion of such service, use the
scholarship or 
the unused portion thereof, regardless of whether or not the

member of the General Assembly who nominated him is then a 
member; provided
that during the nominee's period of military 
service no other person may be
nominated by such member to all 
or any portion of such unused or unfinished
scholarship unless 
the nomination is accompanied either by a release of the

original nominee or if he is dead then an affidavit to that 
effect by some
competent person.

(Source: Laws 1961, p. 31.)

 



    (105 ILCS 5/30-12.5)



    Sec. 30-12.5. Waiver of confidentiality. 

    (a) As a condition of nomination for a General Assembly 
scholarship under
Section 30-9, 30-10, or 30-11, each nominee 
shall provide to the member of the
General Assembly making the 
nomination a waiver document stating that,
notwithstanding
any 
provision of law to the contrary, if the nominee receives a 
General
Assembly scholarship, then the nominee waives all 
rights to confidentiality
with respect to the contents of the 
waiver document.  The waiver document shall
state at a minimum 
the
nominee's name,
domicile address, attending university, 
degree program in which the
nominee is enrolled, amount of 
tuition waived by the legislative
scholarship
and the name of 
the member of the General
Assembly who is making the 
nomination.
The waiver document shall also contain a statement 
by the nominee that, at
the time of the nomination for the 
legislative scholarship, the domicile of the
nominee is within 
the legislative district of the legislator making the

scholarship nomination.
The waiver document must be signed by

the nominee, and the nominee shall have his or her signature on 
the waiver
document
acknowledged before a notary public.  The 
member of the General Assembly making
the nomination shall file 
the signed, notarized waiver document, together with
the

nomination itself, with the State Superintendent of Education.

By so filing the waiver document, the member waives all his or 
her rights to
confidentiality with respect to the contents of 
the waiver document.

    (b) The legislative scholarship of any nominee shall be 
revoked upon a
determination by the State Board of Education 
after a hearing that the nominee
knowingly provided false or 
misleading information on the waiver document.
Upon revocation 
of the legislative scholarship, the scholarship nominee shall

reimburse the university for the full amount of any tuition 
waived prior to
revocation of the scholarship.

    (c) The Illinois Student Assistance Commission shall 
prepare a form waiver
document
to be used as provided in 
subsection (a) and shall provide copies of the form
upon 
request.

(Source: P.A. 93-349, eff. 7-24-03.)

 



    (105 ILCS 5/30-13)  (from Ch. 122, par. 30-13)



    Sec. 30-13. Use of scholarship at public university. The 
scholarships issued under Sections 30-9 through 30-12
of this 
Article may be used at the University of Illinois, Southern 
Illinois
University, Chicago State University, Eastern 
Illinois University, Governors
State University, Illinois 
State University, Northeastern Illinois University,
Northern 
Illinois University, and Western Illinois University as 
provided in
those sections. Unless otherwise indicated, these

scholarships shall be good for a period of not more than 4 
years while enrolled
for residence credit and shall exempt the 
holder from the payment of tuition,
or any matriculation, 
graduation, activity, term or incidental fee, except
any 
portion of a multipurpose fee which is used for a purpose for 
which
exemption is not granted under this Section.  Exemption 
shall not be granted
from any other fees, including book 
rental, service, laboratory, supply,
union building, hospital 
and medical insurance fees and any fees established
for the 
operation and maintenance of buildings, the income of which is 
pledged
to the payment of interest and principal on bonds 
issued by the governing
board of any university or community 
college.

    Any student who has been or shall be awarded a scholarship 
shall be
reimbursed by the appropriate university or community 
college for any fees
which he has paid and for which exemption 
is granted under this Section, if
application for such 
reimbursement is made within 2 months following the school
term 
for which the fees were paid.

    The holder of a scholarship shall be subject to all 
examinations, rules
and requirements of the university or 
community college in which he is enrolled
except as herein 
directed.

    This article does not prohibit the Board of Trustees of the 
University
of Illinois, the Board of Trustees of Southern 
Illinois University, the
Board of Regents of the Regency 
Universities System and the Board
of Governors of State 
Colleges and Universities for the institutions under
their 
respective jurisdictions from granting other scholarships.

(Source: P.A. 88-228; 89-4, eff. 1-1-96.)

 
    (105 ILCS 5/30-13.5 new)
    Sec. 30-13.5. General Assembly scholarship program 
abolished.   Before September 1, 2012, each member of the 
General Assembly may nominate persons to receive a scholarship 
or certificate of scholarship under Sections 30-9, 30-10, 
30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed 
before the effective date of this amendatory Act of the 97th 
General Assembly.  A person nominated to receive or awarded such 
a scholarship or certificate before September 1, 2012 is 
entitled to the scholarship under the terms of Sections 30-9, 
30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they 
existed before the effective date of this amendatory Act of the 
97th General Assembly and Section 30-14 of this Code.
 
    Section 10. The Board of Higher Education Act is amended  by 
changing Section 9.29 as follows:
 



    (110 ILCS 205/9.29)



    Sec. 9.29. Tuition and fee waiver report and task force. 
    (a) The Board of Higher Education
shall
annually
compile 
information concerning tuition and fee waivers and tuition and 
fee
waiver
programs that has been
provided by
the Boards of 
Trustees of the University of Illinois, Southern Illinois

University, Chicago
State University, Eastern Illinois 
University, Governors State University,
Illinois State

University, Northeastern Illinois University, Northern 
Illinois University, and
Western
Illinois University and shall 
report its findings and recommendations
concerning tuition and 
fee
waivers and tuition and fee waiver programs to the General 
Assembly by filing
copies of
its
report by December
31 of
each 
year as provided in Section 3.1 of the General Assembly 
Organization
Act.

    (b) The General Assembly finds and declares (i) that the 
Board of Higher Education reports that in Fiscal Year 2011 
public institutions of higher education awarded tuition and fee 
waivers totaling nearly $415 million; (ii) that 83.9% of these 
waivers were discretionary in that they were awarded at the 
discretion of each institution and valued at over $348 million; 
(iii) that the remaining 16.1% of waivers were mandatory in 
that institutions had to award the waivers by statute; and (iv) 
that because of the significant cost of such waivers, it is 
important to review, evaluate, and verify that these waivers 
are in the public interest and impose a reasonable financial 
impact upon higher education.
    There is hereby created the Tuition and Fee Waiver Task 
Force.  The Task Force shall consist of the following members:
        (1)  2 members appointed by the President of the Senate;
        (2)  2 members appointed by the Speaker of the House of 
    Representatives;
        (3)  2 members appointed by the Minority Leader of the 
    Senate; and
        (4)  2 members appointed by the Minority Leader of the 
    House of Representatives.
    The President and Speaker shall designate one member each 
to serve as co-chairpersons of the Task Force.  Members must be 
adults and residents of this State.  The individual or his or 
her successor who appointed a member may remove that appointed 
member before the expiration of his or her term  on the Task 
Force for official misconduct, incompetence, or neglect of 
duty.  Members shall serve without compensation, but may be 
reimbursed for expenses.  Appointments must be made within 60 
calendar days after the effective date of this amendatory Act 
of the 97th General Assembly.
    (c)  The purpose of the Tuition and Fee Waiver Task Force is 
to conduct a thorough review and evaluation of the tuition and 
fee waiver programs offered by the public institutions of 
higher education listed in subsection (a) of this Section, as 
well as the findings and recommendations made by the Board 
concerning these programs pursuant to subsection (a) of this 
Section.  The Task Force shall also thoroughly review and 
evaluate tuition and fee waiver programs offered by public 
institutions of higher education not listed in subsection (a) 
of this Section.
    The Task Force shall review and evaluate each of the 
tuition and fee waiver programs offered by public institutions 
of higher education and determine the propriety of each such 
program.  As part of its review and evaluation, the Task Force 
shall, among other things, consider the following:
        (1) the institution's justification of the need for the 
    program;
        (2) the program's intended purposes and goals;
        (3) the program's eligibility and selection criteria;
        (4) the program's costs;
        (5) the purported benefits resulting from the program; 
    and
        (6) whether the program serves the public interest or 
    advances a private interest.
    (d)  The Board shall provide administrative support to the 
Tuition and Fee Waiver Task Force.  The Task Force shall conduct 
meetings and public hearings before filing any report mandated 
under this subsection (d).  At the public hearings, the Task 
Force shall allow interested persons to present their views and 
comments.  The Task Force shall submit a report setting forth 
its review and evaluation of the tuition and fee waiver 
programs offered by public institutions of higher education on 
or before April 15, 2013 to the Governor, the General Assembly, 
and the Board.  Upon filing its reports, the Task Force is 
dissolved. 
(Source: P.A. 92-51, eff. 1-1-02.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.