Full Text of HB3476 95th General Assembly
HB3476ham002 95TH GENERAL ASSEMBLY
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Rep. Linda Chapa LaVia
Filed: 3/20/2007
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| AMENDMENT TO HOUSE BILL 3476
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| AMENDMENT NO. ______. Amend House Bill 3476, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The School Code is amended by changing Sections | 6 |
| 30-9, 30-10, 30-11, 30-12.5, 30-13, and 30-14 as follows:
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| (105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
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| Sec. 30-9. General Assembly scholarship; conditions of | 9 |
| admission; award by
competitive examination.
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| Each member of the General Assembly may nominate annually 2 | 11 |
| persons of
school age and otherwise eligible, from his | 12 |
| district; each shall
receive a
certificate of scholarship in a
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| any State supported
university or public community college in | 14 |
| this State designated by the member. In addition to residing | 15 |
| within the legislative district, in the case of a scholarship | 16 |
| for a community college, the designated community college must |
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| be within the community college district where the nominee | 2 |
| resides or the designated community college must have a | 3 |
| reciprocal tuition agreement for in-district rates with the | 4 |
| community college district where the nominee resides. Any | 5 |
| member of the General Assembly in
making nominations under this | 6 |
| Section may designate that his nominee be
granted a 4 year | 7 |
| scholarship or may instead designate 2 or 4 nominees for
that | 8 |
| particular scholarship, each to receive a 2 year or a one year
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| scholarship, respectively. The nominee, if a graduate of a | 10 |
| school
accredited by the University or community college to | 11 |
| which nominated, shall be admitted to the
university or | 12 |
| community college on the same conditions as to educational | 13 |
| qualifications as are
other graduates of accredited schools. If | 14 |
| the nominee is not a graduate of
a school accredited by the | 15 |
| university or community college to which nominated, he must, | 16 |
| before
being entitled to the benefits of the scholarship, pass | 17 |
| an examination
given by the superintendent of schools of the | 18 |
| county where he resides at
the time stated in Section 30-7 for | 19 |
| the competitive examination. The
president of each university | 20 |
| or community college shall prescribe the rules governing the
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| examination for scholarship to his or her university or | 22 |
| community college .
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| A member of the General Assembly may award the scholarship | 24 |
| by
competitive examination conducted under like rules as | 25 |
| prescribed in Section
30-7 even though one or more of the | 26 |
| applicants are graduates of schools
accredited by the |
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| university or community college .
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| A member of the General Assembly may delegate to the | 3 |
| Illinois Student
Assistance Commission the authority to | 4 |
| nominate persons for General Assembly
scholarships which that | 5 |
| member would otherwise be entitled to award, or may
direct the | 6 |
| Commission to evaluate and make recommendations to the member
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| concerning candidates for such scholarships. In the event a | 8 |
| member
delegates his nominating authority or directs the | 9 |
| Commission to evaluate
and make recommendations concerning | 10 |
| candidates for General Assembly
scholarships, the member shall | 11 |
| inform the Commission in writing of the
criteria which he | 12 |
| wishes the Commission to apply in nominating or
recommending | 13 |
| candidates. Those criteria may include some or all of the
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| criteria provided in Section 25 of the Higher Education Student
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| Assistance Act. A delegation of authority under this paragraph | 16 |
| may be revoked
at any time by the member.
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| Failure of a member of the General Assembly to make a | 18 |
| nomination in any
year shall not cause that scholarship to | 19 |
| lapse, but the member may make a
nomination for such | 20 |
| scholarship at any time thereafter before the
expiration of his | 21 |
| term, and the person so nominated shall be entitled to
the same | 22 |
| benefits as holders of other scholarships provided herein. Any
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| such scholarship for which a member has made no nomination | 24 |
| prior to the
expiration of the term for which he was elected | 25 |
| shall lapse upon the
expiration of that term.
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| (Source: P.A. 93-349, eff. 7-24-03.)
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| (105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
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| Sec. 30-10. Filing nominations-Failure to accept or | 3 |
| pass-Second
nomination.
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| Nominations, under Section 30-9, showing the name and | 5 |
| address of the
nominee, and the term of the scholarship, | 6 |
| whether 4 years, 2 years or
one year, must be filed with the | 7 |
| State Superintendent of Education not later
than the opening | 8 |
| day of the semester or term with which the scholarship is to
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| become effective. The State
Superintendent of Education shall | 10 |
| forthwith notify the
president of the university or community | 11 |
| college of such nomination.
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| If the nominee fails to accept the nomination or, not being | 13 |
| a
graduate of a school accredited by the university or | 14 |
| community college , fails to pass the
examination for admission, | 15 |
| the president of the university or community college shall at | 16 |
| once
notify the State Superintendent of Education. Upon | 17 |
| receiving such notification,
the State Superintendent of | 18 |
| Education shall notify the nominating
member, who may name | 19 |
| another person for the scholarship. The second
nomination must | 20 |
| be received by the State Superintendent of Education not
later | 21 |
| than the middle of the semester or term with which the | 22 |
| scholarship
was to have become effective under the original | 23 |
| nomination in order to
become effective as of the opening date | 24 |
| of such semester or term
otherwise it shall not become | 25 |
| effective until the beginning of the next
semester or term |
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| following the making of the second nomination. Upon
receiving | 2 |
| such notification, the State Superintendent of Education shall
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| notify the president of the university or community college of | 4 |
| such second nomination.
If any person nominated after the | 5 |
| effective date of this amendatory Act
of 1973 to receive a | 6 |
| General Assembly scholarship changes his residence
to a | 7 |
| location outside of the district from which he was nominated, | 8 |
| his
nominating member may terminate that scholarship at the | 9 |
| conclusion of
the college year in which he is then enrolled. | 10 |
| For purposes of this
paragraph, a person changes his residence | 11 |
| if he registers to vote in a
location outside of the district | 12 |
| from which he was nominated, but does
not change his residence | 13 |
| merely by taking off-campus housing or living
in a | 14 |
| nonuniversity or non-community college residence. In addition, | 15 |
| in the case of a scholarship for a community college, if the | 16 |
| nominee changes his or her residence to a location outside of | 17 |
| the community college district where he or she was residing and | 18 |
| the designated community college does not have a reciprocal | 19 |
| tuition agreement for in-district rates with the community | 20 |
| college district where the nominee now resides, then the | 21 |
| nominating member may terminate the scholarship at the | 22 |
| conclusion of the college year in which the nominee is then | 23 |
| enrolled.
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| (Source: P.A. 93-349, eff. 7-24-03.)
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| (105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
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| Sec. 30-11. Failure to use scholarship - Further | 2 |
| nominations. If any nominee under Section 30-9 or 30-10 | 3 |
| discontinues his course
of instruction or fails to use the | 4 |
| scholarship, leaving 1, 2, 3, or 4
years thereof unused, the | 5 |
| member of the General Assembly may, except as
otherwise | 6 |
| provided in this Article, nominate some other person eligible
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| under this Article from his district who shall be entitled to | 8 |
| the
scholarship for the unexpired period thereof. Such | 9 |
| appointment to an
unexpired scholarship vacated before July 1, | 10 |
| 1961, may be made only by
the member of the General Assembly | 11 |
| who made the original appointment and
during the time he is | 12 |
| such a member. If a scholarship is vacated on or
after July 1, | 13 |
| 1961, and the member of the General Assembly who made the
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| original appointment has ceased to be a member, some eligible | 15 |
| person may
be nominated in the following manner to fill the | 16 |
| vacancy: If the
original appointment was made by a Senator, | 17 |
| such nomination shall be
made by the Senator from the same | 18 |
| district; if the original appointment
was made by a | 19 |
| Representative,
such nomination
shall be made by the | 20 |
| Representative
from the same district. Every nomination to fill | 21 |
| a vacancy must
be accompanied either by a release of the | 22 |
| original nominee or if he is
dead then an affidavit to that | 23 |
| effect by some competent person. The
failure of a nominee to | 24 |
| register at the university or community college within 20 days | 25 |
| after
the opening of any semester or term shall be deemed a | 26 |
| release by him of
the nomination, unless he has been granted a |
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| leave of absence in
accordance with Section 30-14 or unless his | 2 |
| absence is by reason of his
entry into the military service of | 3 |
| the United States. The university or community college shall | 4 |
| immediately upon the
expiration of 20 days after the beginning | 5 |
| of the semester or term notify
the State Board of Education
as | 6 |
| to the status of each
scholarship, who shall forthwith notify | 7 |
| the nominating member of any
nominee's failure to register or, | 8 |
| if the nominating member has ceased to
be a member of the | 9 |
| General Assembly, shall notify the member or members
entitled | 10 |
| to make the nomination to fill the vacancy. All nominations to | 11 |
| unused
or unexpired scholarships shall be effective as of the | 12 |
| opening of the semester
or term of the university or community | 13 |
| college during which they are made if they are filed with
the | 14 |
| university or community college during the first half of the | 15 |
| semester or term, otherwise
they shall not be effective until | 16 |
| the opening of the next following
semester or term.
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| (Source: P.A. 93-349, eff. 7-24-03.)
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| (105 ILCS 5/30-12.5)
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| Sec. 30-12.5. Waiver of confidentiality.
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| (a) As a condition of nomination for a General Assembly | 21 |
| scholarship under
Section 30-9, 30-10, or 30-11, each nominee | 22 |
| shall provide to the member of the
General Assembly making the | 23 |
| nomination a waiver document stating that,
notwithstanding
any | 24 |
| provision of law to the contrary, if the nominee receives a | 25 |
| General
Assembly scholarship, then the nominee waives all |
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| rights to confidentiality
with respect to the contents of the | 2 |
| waiver document. The waiver document shall
state at a minimum | 3 |
| the
nominee's name,
domicile address, attending university or | 4 |
| community college , degree program in which the
nominee is | 5 |
| enrolled, amount of tuition waived by the legislative
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| scholarship
and the name of the member of the General
Assembly | 7 |
| who is making the nomination.
The waiver document shall also | 8 |
| contain a statement by the nominee that, at
the time of the | 9 |
| nomination for the legislative scholarship, the domicile of the
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| nominee is within the legislative district of the legislator | 11 |
| making the
scholarship nomination.
The waiver document must be | 12 |
| signed by
the nominee, and the nominee shall have his or her | 13 |
| signature on the waiver
document
acknowledged before a notary | 14 |
| public. The member of the General Assembly making
the | 15 |
| nomination shall file the signed, notarized waiver document, | 16 |
| together with
the
nomination itself, with the State | 17 |
| Superintendent of Education.
By so filing the waiver document, | 18 |
| the member waives all his or her rights to
confidentiality with | 19 |
| respect to the contents of the waiver document.
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| (b) The legislative scholarship of any nominee shall be | 21 |
| revoked upon a
determination by the State Board of Education | 22 |
| after a hearing that the nominee
knowingly provided false or | 23 |
| misleading information on the waiver document.
Upon revocation | 24 |
| of the legislative scholarship, the scholarship nominee shall
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| reimburse the university or community college for the full | 26 |
| amount of any tuition waived prior to
revocation of the |
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| scholarship.
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| (c) The Illinois Student Assistance Commission shall | 3 |
| prepare a form waiver
document
to be used as provided in | 4 |
| subsection (a) and shall provide copies of the form
upon | 5 |
| request.
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| (Source: P.A. 93-349, eff. 7-24-03.)
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| (105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
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| Sec. 30-13. The scholarships issued under Sections 30-9 | 9 |
| through 30-12
of this Article may be used at the University of | 10 |
| Illinois, Southern Illinois
University, Chicago State | 11 |
| University, Eastern Illinois University, Governors
State | 12 |
| University, Illinois State University, Northeastern Illinois | 13 |
| University,
Northern Illinois University, and Western Illinois | 14 |
| University , or a public community college located in this | 15 |
| State, as provided in
those sections. Unless otherwise | 16 |
| indicated, these
scholarships shall be good for a period of not | 17 |
| more than 4 years while enrolled
for residence credit and shall | 18 |
| exempt the holder from the payment of tuition,
or any | 19 |
| matriculation, graduation, activity, term or incidental fee, | 20 |
| except
any portion of a multipurpose fee which is used for a | 21 |
| purpose for which
exemption is not granted under this Section. | 22 |
| Exemption shall not be granted
from any other fees, including | 23 |
| book rental, service, laboratory, supply,
union building, | 24 |
| hospital and medical insurance fees and any fees established
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| for the operation and maintenance of buildings, the income of |
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| which is pledged
to the payment of interest and principal on | 2 |
| bonds issued by the governing
board of any university or | 3 |
| community college.
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| Any student who has been or shall be awarded a scholarship | 5 |
| shall be
reimbursed by the appropriate university or community | 6 |
| college for any fees
which he has paid and for which exemption | 7 |
| is granted under this Section, if
application for such | 8 |
| reimbursement is made within 2 months following the school
term | 9 |
| for which the fees were paid.
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| The holder of a scholarship shall be subject to all | 11 |
| examinations, rules
and requirements of the university or | 12 |
| community college in which he is enrolled
except as herein | 13 |
| directed.
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| This article does not prohibit the Board of Trustees of the | 15 |
| University
of Illinois, the Board of Trustees of Southern | 16 |
| Illinois University, the Board of Trustees of Chicago State | 17 |
| University, the Board of Trustees of Eastern Illinois | 18 |
| University, the Board of Trustees of Governors State | 19 |
| University, the Board of Trustees of Illinois State University, | 20 |
| the Board of Trustees of Northern Illinois University, the | 21 |
| Board of Trustees of Western Illinois University, and the board | 22 |
| of trustees of a community college district
the
Board of | 23 |
| Regents of the Regency Universities System and the Board
of | 24 |
| Governors of State Colleges and Universities for the | 25 |
| institutions under
their respective jurisdictions from | 26 |
| granting other scholarships.
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| (Source: P.A. 88-228; 89-4, eff. 1-1-96.)
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| (105 ILCS 5/30-14) (from Ch. 122, par. 30-14)
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| Sec. 30-14. Leaves of absence to holders of scholarships.
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| Any student enrolled in a university or community college
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| to which he is holding a
scholarship issued under this Article | 6 |
| who satisfies the president of the
university or community | 7 |
| college or someone designated by him or her , that he or she
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| requires leave of absence
for the purpose of earning funds to | 9 |
| defray his or her expenses while in attendance
or on account of | 10 |
| illness or military service may be granted such leave and
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| allowed a period of not to exceed 6 years in which to complete | 12 |
| his course
at the university or community college . The | 13 |
| university or community college shall notify the county | 14 |
| superintendent of
the county from which the scholarship was | 15 |
| issued of the granting of the
leave. Time spent in the armed | 16 |
| forces shall not be part of the 6 years.
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| (Source: Laws 1961, p. 31.)
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| Section 90. The State Mandates Act is amended by adding | 19 |
| Section 8.31 as follows: | 20 |
| (30 ILCS 805/8.31 new) | 21 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 22 |
| of this Act, no reimbursement by the State is required for the | 23 |
| implementation of any mandate created by this amendatory Act of |
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| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect July 1, | 3 |
| 2007.".
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