Public Act 93-0349
HB3274 Enrolled LRB093 07365 NHT 07527 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, and 30-12.5 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 one shall receive a certificate of scholarship
in the University of Illinois and the other shall receive a
certificate of scholarship in any other 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. 87-997.)
(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 if the scholarship is in a
university other than the University of Illinois, or with the
president of the University of Illinois if the scholarship is
in such university, 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 other than
the University of Illinois 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 if the university is other than the University
of Illinois. Upon receiving such notification, the State
Superintendent of Education shall notify the nominating
member, who may name another person for the scholarship. In
the case of a scholarship in the University of Illinois, such
notification shall be given by the president thereof to the
nominating member. The second nomination must be received by
the State Superintendent of Education or president of the
University of Illinois, as the case may be, 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. 80-278.)
(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, other than the University of
Illinois, 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. In the case of a scholarship in the University of
Illinois, such notification of vacancy shall be made by the
president thereof to the nominating member or his successor
as above provided. 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. 82-1003.)
(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
or the president of the University of Illinois as provided in
Section 30-10. 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. 89-681, eff. 12-13-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.