State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_HB0402eng

      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
          Amends the School Code.  Provides that after June 1, 1997
      persons  may  not   be   nominated   for   General   Assembly
      scholarships  and  that General Assembly scholarships may not
      be awarded after that date  unless  the  nomination  is  made
      prior  to that date. Prevents both second nominations for any
      lapsed General Assembly scholarship and nominating persons to
      the unused or unexpired parts of any vacated General Assembly
      scholarship after June 1, 1997.  Effective immediately.
                                                     LRB9000344THpk
HB0402 Engrossed                               LRB9000344THpk
 1        AN ACT to amend the  School  Code  by  changing  Sections
 2    30-9, 30-10, 30-11, and 30-12.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  School  Code  is  amended  by  changing
 6    Sections 30-9, 30-10, 30-11, and 30-12 as 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.
10        (a)  The  provisions  of  this  subsection are subject to
11    subsection (b).  Each member  of  the  General  Assembly  may
12    nominate  annually  2  persons  of  school  age and otherwise
13    eligible, from his district; one shall receive a  certificate
14    of  scholarship  in  the University of Illinois and the other
15    shall receive a certificate of scholarship in any other State
16    supported university designated by the member. Any member  of
17    the General Assembly in making nominations under this Section
18    may   designate   that  his  nominee  be  granted  a  4  year
19    scholarship or may instead designate 2 or 4 nominees for that
20    particular scholarship, each to receive a 2  year  or  a  one
21    year scholarship, respectively. The nominee, if a graduate of
22    a  school  accredited  by  the University to which nominated,
23    shall be admitted to the university on the same conditions as
24    to educational  qualifications  as  are  other  graduates  of
25    accredited  schools.  If  the  nominee is not a graduate of a
26    school accredited by the university to  which  nominated,  he
27    must,   before   being   entitled  to  the  benefits  of  the
28    scholarship, pass an examination given by the  superintendent
29    of  schools of the county where he resides at the time stated
30    in  Section  30-7  for  the  competitive   examination.   The
31    president  of  each  university  shall  prescribe  the  rules
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 1    governing the examination for scholarship to his university.
 2        A   member   of   the  General  Assembly  may  award  the
 3    scholarship by competitive examination conducted  under  like
 4    rules  as  prescribed in Section 30-7 even though one or more
 5    of the applicants are graduates of schools accredited by  the
 6    university.
 7        A  member  of  the  General  Assembly may delegate to the
 8    Illinois  Student  Assistance  Commission  the  authority  to
 9    nominate persons for General Assembly scholarships which that
10    member would otherwise be entitled to award,  or  may  direct
11    the  Commission  to  evaluate and make recommendations to the
12    member concerning candidates for such  scholarships.  In  the
13    event  a member delegates his nominating authority or directs
14    the  Commission  to   evaluate   and   make   recommendations
15    concerning  candidates for General Assembly scholarships, the
16    member shall inform the Commission in writing of the criteria
17    which he wishes the Commission  to  apply  in  nominating  or
18    recommending  candidates.  Those criteria may include some or
19    all of the criteria provided in  Section  25  of  the  Higher
20    Education  Student  Assistance Act. A delegation of authority
21    under this paragraph may  be  revoked  at  any  time  by  the
22    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  through June 1, 1997;
27    before  the  expiration  of  his  term,  and  the  person  so
28    nominated shall be entitled to the same benefits  as  holders
29    of  other  scholarships provided herein. Any such scholarship
30    for which a member has made no nomination on or  before  June
31    1,  1997 prior to the expiration of the term for which he was
32    elected shall lapse upon the expiration of that term.
33        (b)  After June 1, 1997 no person  may  be  nominated  to
34    receive  any one year, 2 year, 4 year or other scholarship or
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 1    certificate of scholarship under this Section,  nor  may  any
 2    such  scholarship be awarded under this Section after June 1,
 3    1997 unless the person was nominated prior to  that  date  to
 4    receive that scholarship.
 5    (Source: P.A. 87-997.)
 6        (105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
 7        Sec.  30-10.  Filing  nominations;  failure  to accept or
 8    pass; second nomination.
 9        Nominations that are  made,  under  Section  30-9  on  or
10    before  June  1,  1997  and  that  show, showing the name and
11    address of the nominee, and  the  term  of  the  scholarship,
12    whether  4 years, 2 years or one year, must be filed with the
13    State Superintendent of Education if the scholarship is in  a
14    university other than the University of Illinois, or with the
15    president of the University of Illinois if the scholarship is
16    in  such  university,  not  later than the opening day of the
17    semester or term with which  the  scholarship  is  to  become
18    effective.   The  State  Superintendent  of  Education  shall
19    forthwith notify the president of the university  other  than
20    the  University  of  Illinois  of  such nomination.  No valid
21    nomination to any scholarship may be made under Section  30-9
22    after June 1, 1997.
23        If  the  nominee  fails  to accept the nomination or, not
24    being a graduate of a school accredited  by  the  university,
25    fails to pass the examination for admission, the president of
26    the  university shall at once notify the State Superintendent
27    of Education if the university is other than  the  University
28    of  Illinois.  Upon  receiving  such  notification, the State
29    Superintendent  of  Education  shall  notify  the  nominating
30    member, who may, on or before, but not after  June  1,  1997,
31    name  another  person  for  the scholarship. In the case of a
32    scholarship in the University of Illinois, such  notification
33    shall  be  given  by  the president thereof to the nominating
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 1    member. The second nomination must be received by  the  State
 2    Superintendent of Education or president of the University of
 3    Illinois,  as  the  case may be, not later than the middle of
 4    the semester or term with which the scholarship was  to  have
 5    become  effective  under  the original nomination in order to
 6    become effective as of the opening date of such  semester  or
 7    term  otherwise  it  shall  not  become  effective  until the
 8    beginning of the next semester or term following  the  making
 9    of   the   second   nomination;  provided,  that  the  second
10    nomination must be made, if at all, on or before June 1, 1997
11    or  the  scholarship  shall  be  deemed  to  have  lapsed  by
12    operation of law.  Upon  receiving  such  notification  of  a
13    second  nomination  on  or  before  June  1,  1997, the State
14    Superintendent of Education shall notify the president of the
15    university  of  such  second  nomination.   If   any   person
16    nominated  after the effective date of this amendatory Act of
17    1973 to receive a General Assembly  scholarship  changes  his
18    residence to a location outside of the district from which he
19    was  nominated,  his  nominating  member  may  terminate that
20    scholarship at the conclusion of the college year in which he
21    is then enrolled, but after June 1, 1997  no  person  may  be
22    nominated  to receive or otherwise be awarded all or any part
23    of the scholarship that is unused or unexpired  at  the  time
24    the  scholarship  is  so  terminated.  For  purposes  of this
25    paragraph, a person changes his residence if he registers  to
26    vote  in a location outside of the district from which he was
27    nominated, but does not change his residence merely by taking
28    off-campus housing or living in a nonuniversity residence.
29    (Source: P.A. 80-278.)
30        (105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
31        Sec.  30-11.  Failure   to   use   scholarship;   further
32    nominations.  If  any  nominee  under  Section  30-9 or 30-10
33    discontinues his course of instruction or fails  to  use  the
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 1    scholarship,  leaving 1, 2, 3, or 4 years thereof unused, the
 2    member of the  General  Assembly  may,  except  as  otherwise
 3    provided in this Article, nominate some other person eligible
 4    under this Article from his district who shall be entitled to
 5    the  scholarship  for  the unexpired period thereof; provided
 6    that  the  nomination  for  the  unexpired  period   of   the
 7    scholarship  must  be  made,  if at all, on or before June 1,
 8    1997  or  such  nomination   shall  be   invalid,   and   the
 9    scholarship  and its unexpired period shall be deemed to have
10    lapsed by operation of law. Such appointment to an  unexpired
11    scholarship  vacated before July 1, 1961, may be made only by
12    the member of the General  Assembly  who  made  the  original
13    appointment  and  during  the  time he is such a member. If a
14    scholarship is vacated on or after  July  1,  1961,  and  the
15    member   of  the  General  Assembly  who  made  the  original
16    appointment has ceased to be a member, some  eligible  person
17    may be nominated in the following manner to fill the vacancy:
18    If  the  original  appointment  was  made  by a Senator, such
19    nomination shall  be  made  by  the  Senator  from  the  same
20    district;   if   the  original  appointment  was  made  by  a
21    Representative,  such  nomination  shall  be  made   by   the
22    Representative  from  the  same district. Every nomination to
23    fill a vacancy must be made on or before  June  1,  1997  and
24    accompanied either by a release of the original nominee or if
25    he is dead then an affidavit to that effect by some competent
26    person.   The  failure  of  a  nominee  to  register  at  the
27    university  within  20 days after the opening of any semester
28    or term shall be deemed a release by him of  the  nomination,
29    unless  he  has been granted a leave of absence in accordance
30    with Section 30-14 or unless his absence is by reason of  his
31    entry  into  the  military  service of the United States. The
32    university, other than  the  University  of  Illinois,  shall
33    immediately   upon  the  expiration  of  20  days  after  the
34    beginning of the semester or term notify the State  Board  of
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 1    Education  as  to  the  status of each scholarship, who shall
 2    forthwith notify  the  nominating  member  of  any  nominee's
 3    failure  to  register or, if the nominating member has ceased
 4    to be a member of the  General  Assembly,  shall  notify  the
 5    member or members entitled to make the nomination to fill the
 6    vacancy.  In  the  case of a scholarship in the University of
 7    Illinois, such notification of vacancy shall be made  by  the
 8    president  thereof  to the nominating member or his successor
 9    as above provided. All nominations  to  unused  or  unexpired
10    scholarships,  if  made  on  or before June 1, 1997, shall be
11    effective as of the opening of the semester or  term  of  the
12    university  during which they are made if they are filed with
13    the university during the first half of the semester or term,
14    otherwise they shall not be effective until  the  opening  of
15    the  next  following  semester  or  term;  provided  that  no
16    nomination  to an unused or unexpired scholarship is valid if
17    made  after  June  1,  1997,  and  an  unused  or   unexpired
18    scholarship  shall  be  deemed to have lapsed by operation of
19    law  unless  the  nomination  to  that  unused  or  unexpired
20    scholarship is made on or before June 1, 1997.
21    (Source: P.A. 82-1003.)
22        (105 ILCS 5/30-12)  (from Ch. 122, par. 30-12)
23        Sec. 30-12.  Failure to begin or discontinuance of course
24    because of military service.
25        Any nominee, under Sections 30-9, 30-10,  or  30-11,  who
26    fails  to  begin  or  discontinues  his course of instruction
27    because of his entry into the military service of the  United
28    States,  leaving  all or a portion of the scholarship unused,
29    may, upon completion of such service, use the scholarship  or
30    the  unused portion thereof, regardless of whether or not the
31    member of the General Assembly who nominated him  is  then  a
32    member; provided that during the nominee's period of military
33    service  no  other  person may be nominated by such member to
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 1    all or any portion of such unused or  unfinished  scholarship
 2    unless  the  nomination is accompanied either by a release of
 3    the original nominee or if he is dead then  an  affidavit  to
 4    that   effect   by  some  competent  person  and  unless  the
 5    nomination is made on or before June 1, 1997.
 6    (Source: Laws 1961, p. 31.)
 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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