Higher Education Committee
Filed: 3/5/2008
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1 | AMENDMENT TO HOUSE BILL 4790
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2 | AMENDMENT NO. ______. Amend House Bill 4790 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Baccalaureate Savings Act is amended by | ||||||
5 | changing Section 8 as follows:
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6 | (110 ILCS 920/8) (from Ch. 144, par. 2408)
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7 | Sec. 8. Grant Program. The proceedings of the
Governor and | ||||||
8 | the Director of the
Governor's Office of Management and Budget | ||||||
9 | authorizing the
issuance of College Savings Bonds shall also | ||||||
10 | provide for a grant
program of additional financial
incentives | ||||||
11 | to be provided to holders of such Bonds to encourage the
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12 | enrollment of students at Institutions of Higher Education | ||||||
13 | located in the
State of Illinois. The Grant Program of | ||||||
14 | financial incentives shall be
administered by the State | ||||||
15 | Scholarship Commission pursuant to administrative
rules | ||||||
16 | promulgated by the Commission. Such financial
incentives shall |
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1 | be in such forms as
determined by the Governor and the Director | ||||||
2 | of the
Governor's Office of Management and Budget at
the time | ||||||
3 | of the authorization of such College Savings Bonds and
may | ||||||
4 | include, among others, supplemental payments to the holders of | ||||||
5 | such
Bonds at maturity to be applied to tuition costs at | ||||||
6 | institutions of higher
education located in the State of | ||||||
7 | Illinois. The Commission may
establish, by rule, | ||||||
8 | administrative procedures and eligibility criteria for
the | ||||||
9 | Grant Program, provided that such rules are consistent with the | ||||||
10 | purposes of
this Act. The Commission may require bond holders, | ||||||
11 | institutions of higher
education and other necessary parties to | ||||||
12 | assist in the determination of
eligibility for financial | ||||||
13 | incentives under the Grant Program. All grants
shall be subject | ||||||
14 | to annual appropriation of funds for such purpose by the
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15 | General Assembly. There shall be no expiration date placed on | ||||||
16 | grants awarded under this Section, and any person who is denied | ||||||
17 | disbursement of a grant or the full amount of a grant due to a | ||||||
18 | lack of funding shall remain eligible for disbursement of that | ||||||
19 | grant or the remaining amount of that grant until such time as | ||||||
20 | funding becomes available, provided that he or she remains | ||||||
21 | eligible for a grant and properly applies for disbursement of | ||||||
22 | the grant or the remaining amount of the grant on an annual | ||||||
23 | basis. If the amount appropriated in a given fiscal year is | ||||||
24 | insufficient to fully fund all amounts persons eligible to | ||||||
25 | receive a grant are entitled to, then the total amount | ||||||
26 | appropriated must be divided in equal amounts among all |
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1 | eligible grant recipients, unless that amount exceeds the | ||||||
2 | amount a grant recipient is entitled to receive, in which case | ||||||
3 | he or she shall receive the lesser amount. Financial Such | ||||||
4 | financial incentives under this Section
shall be provided only | ||||||
5 | if, in the sole
judgment of the Director of the
Governor's | ||||||
6 | Office of Management and Budget, the cost of such
incentives | ||||||
7 | shall not cause the cost to the State of the proceeds of the
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8 | College Savings Bonds being sold to be increased by more than | ||||||
9 | 1/2 of 1%.
No such financial incentives shall be
paid to assist | ||||||
10 | in the financing of the education of a student (i) in a school
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11 | or department of divinity for any religious denomination or | ||||||
12 | (ii) pursuing a
course of study consisting of training to | ||||||
13 | become a minister, priest, rabbi
or other professional person | ||||||
14 | in the field of religion.
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15 | Notwithstanding any other rulemaking authority that may | ||||||
16 | exist, neither the Governor nor any agency or agency head under | ||||||
17 | the jurisdiction of the Governor has any authority to make or | ||||||
18 | promulgate rules to implement or enforce the provisions of this | ||||||
19 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
20 | Governor believes that rules are necessary to implement or | ||||||
21 | enforce the provisions of this amendatory Act of the 95th | ||||||
22 | General Assembly, the Governor may suggest rules to the General | ||||||
23 | Assembly by filing them with the Clerk of the House and the | ||||||
24 | Secretary of the Senate and by requesting that the General | ||||||
25 | Assembly authorize such rulemaking by law, enact those | ||||||
26 | suggested rules into law, or take any other appropriate action |
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1 | in the General Assembly's discretion. Nothing contained in this | ||||||
2 | amendatory Act of the 95th General Assembly shall be | ||||||
3 | interpreted to grant rulemaking authority under any other | ||||||
4 | Illinois statute where such authority is not otherwise | ||||||
5 | explicitly given. For the purposes of this amendatory Act of | ||||||
6 | the 95th General Assembly, "rules" is given the meaning | ||||||
7 | contained in Section 1-70 of the Illinois Administrative | ||||||
8 | Procedure Act, and "agency" and "agency head" are given the | ||||||
9 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
10 | Administrative Procedure Act to the extent that such | ||||||
11 | definitions apply to agencies or agency heads under the | ||||||
12 | jurisdiction of the Governor. | ||||||
13 | (Source: P.A. 94-793, eff. 5-19-06.)
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14 | Section 99. Effective date. This Act takes effect July 1, | ||||||
15 | 2008.".
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