SB2282 101ST GENERAL ASSEMBLY

LRB101 14738 RJF 63689 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2282

Introduced 10/28/2019, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

30 ILCS 769/25-15

Amends the Private Colleges and Universities Capital Distribution Formula Act. Provides that if an institution received a grant under the Act and subsequently fails to meet the definition of "independent college" due to the institution being acquired and operated by a public university, no refund of expended grant funds shall be required and the remaining funds shall not be re-distributed. Provides that the entire balance of the grant remaining on the date the acquired former independent college ceased operations and came under the control of the public university, including any amount that had been withheld after the acquired former independent college ceased operations, shall be transferred to the public university, as successor to the independent college, for the purpose of operating those facilities for the duration of the grant. Specifies that the provisions apply to any acquisition of an independent college by a public university occurring on and after August 15, 2019. Defines "public university".

A BILL FOR

AN ACT concerning finance.

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

Section 5. The Private Colleges and Universities Capital Distribution Formula Act is amended by changing Section 25-15 as follows:

(30 ILCS 769/25-15)

Sec. 25-15. Transfer of funds to another independent college.

(a) If an institution received a grant under this Article and subsequently fails to meet the definition of "independent college", the remaining funds shall be re-distributed as provided in Section 25-10, unless the campus or facilities for which the grant was given are operated by another institution that qualifies as an independent college under this Article.

(a-5) Notwithstanding the provisions of subsection (a), if an institution received a grant under this Article and subsequently fails to meet the definition of "independent college" due to the institution being acquired and operated by a public university, no refund of expended grant funds shall be required and the remaining funds shall not be re-distributed as provided under Section 25-10. The entire balance of the grant provided under this Article remaining on the date the acquired former independent college ceased operations and came under the control of the public university, including any amount that had been withheld after the acquired former independent college ceased operations, shall be transferred to the public university, as successor to the independent college, for the purpose of operating those facilities for the duration of the grant. The provisions of this subsection (a-5) apply to any acquisition of an independent college by a public university occurring on and after August 15, 2019.

For the purposes of this subsection (a-5), "public university" means 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, Western Illinois University, or any other public university or college now or hereafter established or authorized by the General Assembly.

(b) If the facilities of a former independent college are operated by another entity that qualifies as an independent college as provided in subsection (a) of this Section, then the entire balance of the grant provided under this Article remaining on the date the former independent college ceased operations, including any amount that had been withheld after the former independent college ceased operations, shall be transferred to the successor independent college for the purpose of operating those facilities for the duration of the grant.

(c) In the event that, on or before the effective date of this amendatory Act of the 98th General Assembly, the remaining funds have been re-allocated or re-distributed to other independent colleges, or the Illinois Board of Higher Education has planned for the remaining funds to be re-allocated or re-distributed to other independent colleges, before the 5-year period provided under this Act for the utilization of funds has ended, any funds so re-allocated or re-distributed shall be deducted from future allocations to those other independent colleges and re-allocated or re-distributed to the initial institution or the successor entity operating the facilities of the original institution if: (i) the institution that failed to meet the definition of "independent college" once again meets the definition of "independent college" before the 5-year period has expired; or (ii) the facility or facilities of the former independent college are operated by another entity that qualifies as an independent college before the 5-year period has expired.

(Source: P.A. 101-10, eff. 6-5-19.)