HB5781 97TH GENERAL ASSEMBLY

LRB097 16725 NHT 66112 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5781

Introduced 2/16/2012, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

See Index

Amends the School Code, the Higher Education Student Assistance Act, and the Illinois Youth and Young Adult Employment Act of 1986. Provides that after July 1, 2012 persons may not be nominated for General Assembly scholarships and that General Assembly scholarships may not be awarded after that date unless the nomination is made prior to that date. Prevents both second nominations for any lapsed General Assembly scholarship and nominating persons to the unused or unexpired parts of any vacated General Assembly scholarship after July 1, 2012. Beginning with the 2012-2013 academic year, requires the Illinois Student Assistance Commission to receive and consider applications for scholarship assistance from participants in the Young Adult Component of the Illinois Conservation Corps enrolled or accepted for enrollment at a public university or community college in this State. Provides that a total of 100 scholarships shall be awarded each year. Provides that recipients shall be selected from among qualified applicants based upon academic excellence and an intent to study a natural resource or environment-related major field of study. Provides that preference may be given to previous recipients of assistance. Provides that each scholarship shall be in an amount sufficient to pay the tuition and fees of the public university or community college at which the recipient is enrolled. Requires the Commission to administer the scholarship program and make all necessary and proper rules not inconsistent with these provisions for their effective implementation. Provides that an enrollee of the Illinois Conservation Corps program shall not receive payment for work performed (instead of receiving at least the standard minimum wage) if he or she is or was a recipient of a scholarship. Effective immediately.

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 School Code is amended by changing Sections 30-9, 30-10, 30-11, and 30-12 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.

(a) The provisions of this subsection (a) are subject to subsection (b). Each member of the General Assembly may nominate annually 2 persons of school age and otherwise eligible, from his district; each shall receive a certificate of scholarship in any 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 through July 1, 2012; 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 on or before July 1, 2012 prior to the expiration of the term for which he was elected shall lapse upon the expiration of that term.

(b) After July 1, 2012 no person may be nominated to receive any one-year, 2-year, 4-year, or other scholarship or certificate of scholarship under this Section, nor may any such scholarship be awarded under this Section after July 1, 2012 unless the person was nominated prior to that date to receive that scholarship.

(Source: P.A. 93-349, eff. 7-24-03.)

(105 ILCS 5/30-10) (from Ch. 122, par. 30-10)

Sec. 30-10. Filing nominations-Failure to accept or pass-Second nomination. Nominations that are made , under Section 30-9 on or before July 1, 2012 and that show , 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 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 of such nomination. No valid nomination to any scholarship may be made under Section 30-9 after July 1, 2012.

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. Upon receiving such notification, the State Superintendent of Education shall notify the nominating member, who may, on or before, but not after July 1, 2012, name another person for the scholarship. The second nomination must be received by the State Superintendent of Education 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; provided that the second nomination must be made, if at all, on or before July 1, 2012 or the scholarship shall be deemed to have lapsed by operation of law. Upon receiving such notification of a second nomination on or before July 1, 2012, 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, but after July 1, 2012 no person may be nominated to receive or otherwise be awarded all or any part of the scholarship that is unused or unexpired at the time the scholarship is so terminated. 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. 93-349, eff. 7-24-03.)

(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; provided that the nomination for the unexpired period of the scholarship must be made, if at all, on or before July 1, 2012 or such nomination shall be invalid, and the scholarship and its unexpired period shall be deemed to have lapsed by operation of law. 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 made on or before July 1, 2012 and 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 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. All nominations to unused or unexpired scholarships, if made on or before July 1, 2012, 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; provided that no nomination to an unused or unexpired scholarship is valid if made after July 1, 2012, and an unused or unexpired scholarship shall be deemed to have lapsed by operation of law unless the nomination to that unused or unexpired scholarship is made on or before July 1, 2012.

(Source: P.A. 93-349, eff. 7-24-03.)

(105 ILCS 5/30-12) (from Ch. 122, par. 30-12)

Sec. 30-12. Failure to begin or discontinuance of course because of military service.

Any nominee, under Sections 30--9, 30--10, or 30--11, who fails to begin or discontinues his course of instruction because of his entry into the military service of the United States, leaving all or a portion of the scholarship unused, may, upon completion of such service, use the scholarship or the unused portion thereof, regardless of whether or not the member of the General Assembly who nominated him is then a member; provided that during the nominee's period of military service no other person may be nominated by such member to all or any portion of such unused or unfinished scholarship unless the nomination is accompanied either by a release of the original nominee or if he is dead then an affidavit to that effect by some competent person and unless the nomination is made on or before July 1, 2012.

(Source: Laws 1961, p. 31.)

Section 10. The Higher Education Student Assistance Act is amended by adding Section 65.90 as follows:

(110 ILCS 947/65.90 new)

Sec. 65.90. Illinois Conservation Corps scholarships.

(a) Beginning with the 2012-2013 academic year, the Commission shall, each year, receive and consider applications for scholarship assistance under this Section. A total of 100 scholarships shall be awarded each year. An applicant is eligible for a scholarship under this Section if the Commission finds that the applicant meets all of the following qualifications:

(1) He or she is a United States citizen or eligible noncitizen.

(2) He or she is a resident of this State.

(3) He or she is enrolled or accepted for enrollment at a public university or community college in this State.

(4) He or she is a participant in the Young Adult Component of the Illinois Conservation Corps.

(b) Recipients shall be selected from among applicants qualified pursuant to subsection (a) of this Section based upon the following criteria, as determined by the Commission:

(1) academic excellence; and

(2) an intent to study a natural resource or environment-related major field of study. Preference may be given to previous recipients of assistance under this Section, provided they continue to maintain eligibility and maintain satisfactory academic progress as determined by the public university or community college at which they enroll.

(c) Each scholarship awarded under this Section shall be in an amount sufficient to pay the tuition and fees of the public university or community college at which the recipient is enrolled.

(d) The total amount of scholarship assistance awarded by the Commission under this Section to an individual in any given fiscal year, when added to other financial assistance awarded to that individual for that year, shall not exceed the cost of attendance at the public university or community college at which the student is enrolled.

(e) A recipient may receive up to 8 semesters scholarship assistance under this Section.

(f) All applications for scholarship assistance to be awarded under this Section shall be made to the Commission in a form as set forth by the Commission. The form of application and the information required to be set forth in the application shall be determined by the Commission, and the Commission shall require eligible applicants to submit with their applications such supporting documents as the Commission deems necessary.

(g) Subject to a separate appropriation made for such purposes, payment of any scholarship awarded under this Section shall be determined by the Commission. All scholarship funds distributed in accordance with this Section shall be paid to the public university or community college on behalf of the recipients. Scholarship funds are applicable toward 2 semesters of enrollment within an academic year.

(h) The Commission shall administer the scholarship program established by this Section and shall make all necessary and proper rules not inconsistent with this Section for its effective implementation.

Section 15. The Illinois Youth and Young Adult Employment Act of 1986 is amended by changing Section 7 as follows:

(525 ILCS 50/7) (from Ch. 48, par. 2557)

Sec. 7. Illinois Conservation Corps. With respect to the Illinois Conservation Corps program:

(a) Enrollment. The Illinois Conservation Corps Youth Component shall be limited to citizens of this State who at the time of enrollment are 16 through 18 years of age inclusive and who are unemployed. The Illinois Conservation Corps Young Adult Component shall be limited to citizens of this State who at the time of enrollment are 18 through 25 years of age inclusive and who are unemployed.

The Department shall make public notification of the availability of jobs for eligible youths and young adults in the Illinois Conservation Corps by the means of newspapers, electronic media, educational facilities, units of local government and the Department of Employment Security offices.

The Department shall promulgate reasonable rules pertaining to application for jobs with the Illinois Conservation Corps.

Any applicant who knowingly and purposely provides wrongful information regarding age, employment or educational records shall be deemed ineligible to participate in the program. Any applicant who successfully gains employment in the program and is later proven to have falsified his or her application shall be dismissed immediately from the program.

(b) Terms of Employment. The enrollment period for any successful applicant of the Illinois Conservation Corps Youth Component shall not be longer than 60 working days during the months of June, July and August. Once enrolled in the program, each enrollee shall receive at least the standard minimum wage as set by the State of Illinois, unless the enrollee is or was a recipient of an Illinois Conservation Corps scholarship under Section 65.90 of the Higher Education Student Assistance Act, in which case the enrollee shall not receive payment for work performed. An enrollee and shall work normal working hours as determined by the Department. The enrollees shall not be classified as employees of the State for purposes of contributions to the State Employees' Retirement System or any other public employment retirement system of the State.

(c) Permissible Activities. The Director shall designate suitable projects in which enrollees of the program shall participate. No project designated for enrollee participation shall result in the displacement of individuals currently employed or positions currently existing, either directly or under contract with any private contractor, by the Department through the reduction of overtime or nonovertime hours, wages or employment benefits.

Projects so designated by the Director shall be for the purpose of enhancing public lands owned or leased by the Department. Such projects shall include improving the habitat of fauna and flora; improving utilization of recreation facilities by the public; improving water quality; and any other project deemed by the Department to improve the environmental, economic and recreational quality of the State owned or leased lands.

All projects designated for activity by the Director shall be within a reasonable commuting time for each enrollee. To the extent possible, the Director shall designate areas where a pool of enrollees may work. In no circumstance shall enrollees be required to spend more than 1 1/2 hours of commuting time to a project or a designated area; provided, an enrollee, or an enrollee who is a minor with the express concurrence of his parent or guardian, may agree to spend more than 1 1/2 hours of commuting time to a project or a designated area.

(Source: P.A. 84-1430.)

Section 99. Effective date. This Act takes effect upon becoming law.