SB1376 101ST GENERAL ASSEMBLY

LRB101 06904 AXK 51936 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1376

Introduced 2/13/2019, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

See Index

Amends the Board of Higher Education Act, the Public Community College Act, and the Higher Education Student Assistance Act. Increases the membership of the Board of Higher Education and makes other changes to the Board's membership. Provides that the Board may require the elimination of any program of instruction, research, or public service at a public university that exhibits a trend of low performance. Provides that, in evaluating a programmatic expansion or new program at a public institution of higher education, the Board, prior to approving the expansion or program, shall make certain findings about the region and the higher education infrastructure in this State. Provides that all of the rights, powers, duties, and functions vested by law in the Illinois Community College Board and the Illinois Student Assistance Commission are transferred to the Board of Higher Education on January 1, 2020. Abolishes the Illinois Community College Board and the Illinois Student Assistance Commission and provides for the transfer of personnel and property on that date.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 5. The Board of Higher Education Act is amended by changing Sections 2, 3, 4, and 7 and by adding Sections 5.5 and 9.39 as follows:

(110 ILCS 205/2) (from Ch. 144, par. 182)

Sec. 2. Board of Higher Education.

(a) There is created a Board of Higher Education to consist of 15 16 members as follows:

(1) 13 10 members appointed by the Governor, by and with the advice and consent of the Senate. No less than 6 of the members appointed under this subsection shall represent public universities and no less than 6 members shall represent public community colleges. Of the 13 members, one member shall be a faculty member of a public university in this State, one member shall be a faculty member of a private college or university in this State, one member shall be faculty member of a public community college in this State, and one member shall represent the views of non-traditional students and shall be at least 24 years old. The members under this subsection shall be residents of this State and shall be selected, as far as practicable, on the basis of their knowledge of or interest or experience in problems of higher education. If the Senate is not in session or is in recess when appointments subject to its confirmation are made, the Governor shall make temporary appointments that shall be subject to subsequent Senate approval. ; one member of a public university governing board, appointed by the Governor without the advice and consent of the Senate; one member of a private college or university board of trustees, appointed by the Governor without the advice and consent of the Senate; the chairman of the Illinois Community College Board; the chairman of the Illinois Student Assistance Commission; and

(2) Two nonvoting members who are students and are 2 student members selected by an the recognized advisory committee of students of the Board of Higher Education, one of whom must be a student at a public university and the other a student at a public community college a non-traditional undergraduate student who is at least 24 years old and represents the views of non-traditional students, such as a person who is employed or is a parent. One of the 10 members appointed by the Governor, by and with the advice and consent of the Senate, must be a faculty member at an Illinois public university.

Subject to a requirement that Board members in office on the effective date of this amendatory Act of the 101st General Assembly may serve the full term to which they were appointed, the appointment of Board members to terms that commence on or after the effective date of this amendatory Act of the 101st General Assembly shall be made in a manner that gives effect at the earliest possible time to the change that is required by this amendatory Act of the 101st General Assembly in the representative composition of the Board's membership. Student members in office on the effective date of this amendatory Act of the 101st General Assembly may serve the full term to which they were selected, and the selection of student members to terms that commence on or after the effective date of this amendatory Act of the 101st General Assembly shall be made in a manner that gives effect at the earliest possible time to the change that is required by this amendatory Act of the 101st General Assembly in the representative composition of the student membership.

(b) The Governor shall designate the Chairman of the Board to serve until a successor is designated. No more than 6 7 of the members appointed by the Governor, excluding the Chairman, shall be affiliated with the same political party. The 10 members appointed by the Governor with the advice and consent of the Senate shall be citizens of the State and shall be selected, as far as may be practicable, on the basis of their knowledge of, or interest or experience in, problems of higher education. If the Senate is not in session or is in recess, when appointments subject to its confirmation are made, the Governor shall make temporary appointments which shall be subject to subsequent Senate approval.

(Source: P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/3) (from Ch. 144, par. 183)

Sec. 3. Terms; vacancies.

(a) The members of the Board whose appointments are subject to confirmation by the Senate shall be selected for 6-year terms expiring on January 31 of odd numbered years.

(b) The members of the Board shall continue to serve after the expiration of their terms until their successors have been appointed.

(c) Vacancies on the Board in offices appointed by the Governor shall be filled by appointment by the Governor for the unexpired term. If the appointment is subject to Senate confirmation and the Senate is not in session or is in recess when the appointment is made, the appointee shall serve subject to subsequent Senate approval of the appointment.

(d) Each student member shall serve a term of one year beginning on July 1 of each year.

(e) The member of the Board representing public university governing boards and the member of the Board representing private college and university boards of trustees, who are appointed by the Governor before the effective date of this amendatory Act of the 101st General Assembly but are not subject to confirmation by the Senate, shall serve terms of one year beginning on July 1.

(Source: P.A. 100-167, eff. 1-1-18.)

(110 ILCS 205/4) (from Ch. 144, par. 184)

Sec. 4. The Board shall hold regular meetings at times specified in its rules. Special or additional meetings may be held on call of the Chairman, or upon a call signed by at least 6 members, or upon call of the Governor. Eight members of the Board shall constitute a quorum at all its meetings, but the approval of a new unit of instruction, research, or public service for a public institution of higher education, as provided in Section 7 shall require the concurrence of a majority of all the members of the Board.

The Chairmen of the Illinois Community College Board and the Illinois Student Assistance Commission holding membership on the Board each may designate an alternate to attend any meeting of the Board, and an alternate so designated shall have all rights and privileges of regular membership while acting for the Chairman who has so designated him or her.

The Board may employ and fix the compensation of professional and clerical staff and other assistants, including specialists and consultants, as it may deem necessary, on a full or part time basis.

(Source: P.A. 94-905, eff. 1-1-07.)

(110 ILCS 205/5.5 new)

Sec. 5.5. Transfer of powers from the Illinois Community College Board and Illinois Student Assistance Commission.

(a) All of the rights, powers, duties, and functions vested by law in the Illinois Community College Board or the Illinois Student Assistance Commission or in any office, council, committee, division, or bureau of the Illinois Community College Board or the Illinois Student Assistance Commission are transferred to the Board of Higher Education on January 1, 2020.

(b) Personnel employed by the Illinois Community College Board or the Illinois Student Assistance Commission on December 31, 2019 are transferred to the Board of Higher Education on January 1, 2020.

The Board of Higher Education shall continue in effect all collective bargaining agreements in existence on December 31, 2019 between the Illinois Community College Board or the Illinois Student Assistance Commission and labor organizations representing personnel of the Illinois Community College Board or the Illinois Student Assistance Commission, respectively, and the Board of Higher Education shall continue to recognize these labor organizations as the exclusive bargaining representatives for the personnel, pursuant to the Illinois Educational Labor Relations Act or the Illinois Public Labor Relations Act.

The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this subsection.

(c) All books, records, documents, property (real and personal), unexpended appropriations, including both obligated and unobligated appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Board of Higher Education under this Section shall be transferred and delivered to the Board of Higher Education on January 1, 2020, unless otherwise directed by the Governor. The Board of Higher Education is the successor agency of the Illinois Community College Board and the Illinois Student Assistance Commission for purposes of Section 9b of the State Finance Act and the Successor Agency Act.

(d) The rules, standards, and procedures of the Illinois Community College Board or the Illinois Student Assistance Commission that are in effect on December 31, 2019 and pertain to the rights, powers, duties, and functions transferred to the Board of Higher Education under this Section shall become the rules, standards, and procedures of the Board of Higher Education on January 1, 2020 and shall continue in effect until amended or repealed by the Board of Higher Education.

Any rules pertaining to the rights, powers, duties, and functions transferred to the Board of Higher Education under this Section that have been proposed by the Illinois Community College Board or the Illinois Student Assistance Commission but have not taken effect or been finally adopted or on before December 31, 2019 shall become proposed rules of the Board of Higher Education on January 1, 2020, and any rulemaking procedures that have already been completed by the Illinois Community College Board or the Illinois Student Assistance Commission for those proposed rules need not be repeated.

(e) The rights, powers, duties, and functions transferred to the Board of Higher Education under this Section shall be vested in and exercised by the Board of Higher Education, subject to the provisions of this Section. An act done by the Board of Higher Education or an officer, employee, or agent of the Board of Higher Education in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the Illinois Community College Board or the Illinois Student Assistance Commission or an officer, employee, or agent of the Illinois Community College Board or the Illinois Student Assistance Commission.

The transfer of rights, powers, duties, and functions to the Board of Higher Education under this Section does not invalidate any previous actions taken by or in respect to the Illinois Community College Board or the Illinois Student Assistance Commission or its officers, employees, or agents.

On January 1, 2020, references to the Illinois Community College Board or the Illinois Student Assistance Commission or its officers, employees, or agents in any document, contract, agreement, or law (other than this Section, Section 2-1 of the Public Community College Act, and Section 15 of the Higher Education Student Assistance Act) shall, in appropriate contexts, be deemed to refer to the Board of Higher Education or its officers, employees, or agents.

The transfer of rights, powers, duties, and functions to the Board of Higher Education under this Section does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions.

(110 ILCS 205/7) (from Ch. 144, par. 187)

Sec. 7. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, the Illinois Community College Board and the campuses under their governance or supervision shall not hereafter undertake the establishment of any new unit of instruction, research, or public service without the approval of the Board. The term "new unit of instruction, research, or public service" includes the establishment of a college, school, division, institute, department, or other unit in any field of instruction, research, or public service not theretofore included in the program of the institution, and includes the establishment of any new branch or campus. The term does not include reasonable and moderate extensions of existing curricula, research, or public service programs which have a direct relationship to existing programs; and the Board may, under its rulemaking rule making power, define the character of such reasonable and moderate extensions.

Such governing boards shall submit to the Board all proposals for a new unit of instruction, research, or public service. The Board may approve or disapprove the proposal in whole or in part or approve modifications thereof whenever in its judgment such action is consistent with the objectives of an existing or proposed master plan of higher education.

The Board of Higher Education is authorized to review periodically all existing programs of instruction, research, and public service at the State universities and colleges and to advise the appropriate board of control if the contribution of each program is not educationally and economically justified. Each State university shall report annually to the Board on programs of instruction, research, or public service that have been terminated, dissolved, reduced, or consolidated by the university. Each State university shall also report to the Board all programs of instruction, research, and public service that exhibit a trend of low performance in enrollments, degree completions, and high expense per degree. The Board may require the elimination of any program of instruction, research, or public service at a State university that exhibits a trend of low performance. The Board shall compile an annual report that shall contain information on new programs created, existing programs that have been closed, eliminated, or consolidated, and programs that exhibit low performance or productivity. The report must be submitted to the General Assembly. The Board shall have the authority to define relevant terms and timelines by rule with respect to this reporting.

(Source: P.A. 97-610, eff. 1-1-12; revised 10-9-18.)

(110 ILCS 205/9.39 new)

Sec. 9.39. Evaluation of programmatic expansions and new programs. In evaluating programmatic expansions and new programs at public institutions of higher education, the Board, prior to approving such expansions or new programs, shall make the following findings:

(1) that such an expansion or new program is meeting an unmet need in that region of the State or serving an unserved or underserved population;

(2) in cases in which subdivision (1) cannot be satisfied, that a market-demand analysis has been performed to rationally justify that growth opportunity in the area will be forthcoming in the immediate future;

(3) that the institution has the ability, if so approved, to offer a quality program at a price point that is cheaper for students than existing options elsewhere in the area; and

(4) that the opening of such a program does not negatively impact the optimal efficiency of the existing higher education infrastructure in this State.

Section 10. The Public Community College Act is amended by changing Section 2-1 as follows:

(110 ILCS 805/2-1) (from Ch. 122, par. 102-1)

Sec. 2-1. Illinois Community College Board; abolition.

(a) There is created the Illinois Community College Board hereinafter referred to as the "State Board". The State Board shall consist of 12 members as follows: a nonvoting student member selected by the recognized advisory committee of students of the Illinois Community College Board, this student to serve for a term of one year beginning on July 1 of each year, except that the student member initially selected shall serve a term beginning on the date of such selection and expiring on the next succeeding June 30, and except that any student member or former student member may be selected by the recognized advisory committee of students of the State Board to serve a second term as the nonvoting student member of the State Board; and 11 members, one of whom shall be a senior citizen age 60 or over, to be appointed by the Governor by and with the advice and consent of the Senate. Beginning on July 1, 2005, one of the 11 members appointed by the Governor, by and with the advice and consent of the Senate, must be a faculty member at an Illinois public community college. Also beginning on July 1, 2005, one of the 11 members appointed by the Governor, by and with the advice and consent of the Senate, must be a member of the board of trustees of a public community college district. After the effective date of this amendatory Act of the 97th General Assembly, one of the 11 members to be appointed by the Governor, by and with the advice and consent of the Senate, must be the president of a public community college, the Chancellor of City Colleges of Chicago (Community College District No. 508), or the Chief Executive Officer of Illinois Eastern Community Colleges (Community College District No. 529). The membership requirements set forth in this Section apply only to the State Board and shall have no effect on the membership of the board of trustees of a community college district. The members first appointed under this amendatory Act of 1984 shall serve for a term of 6 years. After the expiration of the terms of the office of the members first appointed to the State Board, their respective successors shall hold office for a term of 6 years and until their successors are qualified and seated. In the event of vacancies on the State Board in offices appointed by the Governor occurring during a recess of the Senate, the Governor shall have the power to make temporary appointments until the next meeting of the Senate, when the vacancy shall be filled by nomination to be confirmed by the Senate.

(b) On January 1, 2020, the State Board is abolished and the terms of all members end. Except for references in this Section, beginning on January 1, 2020, references in this Act to the Illinois Community College Board shall, in appropriate contexts, be deemed to refer to the Board of Higher Education.

(Source: P.A. 97-1106, eff. 8-27-12.)

(110 ILCS 805/2-2 rep.)

(110 ILCS 805/2-3 rep.)

(110 ILCS 805/2-5 rep.)

(110 ILCS 805/2-8 rep.)

(110 ILCS 805/2-9 rep.)

Section 15. The Public Community College Act is amended by repealing Sections 2-2, 2-3, 2-5, 2-8, and 2-9.

Section 20. The Higher Education Student Assistance Act is amended by changing Section 15 as follows:

(110 ILCS 947/15)

Sec. 15. Illinois Student Assistance Commission; abolition.

(a) There is established the Illinois Student Assistance Commission, consisting of 10 persons to be appointed by the Governor with the advice and consent of the Senate. The membership of the Commission shall consist of one representative of the institutions of higher learning operated by the State; one representative of the private institutions of higher learning located in the State; one representative of the public community colleges located in the State; one representative of the public high schools located in the State; 5 citizens of the State chosen for their knowledge of and interest in higher education, but not employed by, professionally affiliated with, or members of the governing boards of any institution of higher learning located in the State, and one student member selected from nominations submitted to the Governor by multi-campus student organizations, including but not limited to, the recognized advisory committee of students of the Illinois Community College Board, the recognized advisory committee of students of the Board of Higher Education, and the recognized advisory committee of students of the Federation of Independent Illinois Colleges and Universities. The Governor shall designate one member, other than the student member, as chairman. Each member of the Commission, including the student member, shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in performing his or her duties under this Act. Subject to a requirement that Commission members in office on the effective date of this amendatory Act of 1995 may serve the full term to which they were appointed, the appointment of Commission members to terms that commence on or after that effective date shall be made in a manner that gives effect at the earliest possible time to the change that is required by this amendatory Act in the representative composition of the Commission's membership.

(b) The term of office of each member, other than the student member, is 6 years from July 1 of the year of appointment, and until his successor is appointed and qualified. If a member's tenure of office, other than that of the student member, is terminated for any reason before his or her term has expired, the Governor shall fill the vacancy by the appointment of a person who has the same representative status as the person whose term has been so terminated, and the new appointee shall hold office only for the remainder of that term and until a successor is appointed and qualified. The term of the student member shall be for 2 years from July 1 of each odd-numbered year. If the tenure of the student member is terminated for any reason, the vacancy shall be filled in the same manner as heretofore provided for a regular term of office appointment of the student member. The new student appointee shall hold office only for the remainder of that term. A student appointee's status on the Commission may not be considered in determining his or her eligibility for programs administered by the Commission.

(c) Before the effective date of this amendatory Act of the 101st General Assembly, in In accordance with the provisions of the State Universities Civil Service Act, the Commission shall employ a professionally qualified person as the Executive Director of the Commission, and such other employees as may be necessary to effectuate the purposes of this Act. Beginning on the effective date of this amendatory Act of the 101st General Assembly, to effectuate the purposes of this Act and in accordance with the State Universities Civil Service Act, the Board of Higher Education shall employ a professionally qualified person as an executive officer and such employees as may be necessary.

(d) The Commission shall meet at least once in each fiscal year, and may meet at other times which the Chairman may designate by giving at least 10 days' written notice to each member.

(e) On January 1, 2020, the Commission is abolished and the terms of all members end. Except for references in this Section, beginning on January 1, 2020, references in this Act to the Illinois Student Assistance Commission shall, in appropriate contexts, be deemed to refer to the Board of Higher Education.

(Source: P.A. 99-198, eff. 7-30-15.)