Full Text of SB3176 100th General Assembly
SB3176 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3176 Introduced 2/15/2018, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: |
| 15 ILCS 20/50-10 | was 15 ILCS 20/38.1 | 110 ILCS 205/1 | from Ch. 144, par. 181 | 110 ILCS 205/3.5 new | | 110 ILCS 205/7 | from Ch. 144, par. 187 | 110 ILCS 205/8 | from Ch. 144, par. 188 | 110 ILCS 205/9.37 new | |
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Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that, beginning with the fiscal year 2020 budget, the budget submitted by the Governor shall include one or more line items appropriating moneys to the Board of Regents. Provides that all appropriations for public universities shall be made to the Board of Regents. Amends the Board of Higher Education Act. Creates the Board of Regents to allocate funds to public universities based on a funding formula recommended by the Board of Higher Education. Provides for the membership of the Board. Provides that the boards of trustees of public universities shall submit to the Board of Regents no later than the 15th day of November of each year their budget proposals for the operation and capital needs of the institutions under their governance or supervision for the ensuing fiscal year. Provides that the Board of Higher Education may require the elimination of any program of instruction, research, or public service at a public university that exhibits a trend of low performance or low enrollment. Provides that the Board of Higher Education shall prepare a comprehensive statewide plan to increase efficiency and enrollment in public institutions of higher education. Specifies the plan requirements. Prohibits the Board of Regents from providing any funds to a public university that does not adhere to the plan.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Budget Law of the Civil Administrative | 5 | | Code of Illinois is amended by changing Section 50-10 as | 6 | | follows: | 7 | | (15 ILCS 20/50-10) (was 15 ILCS 20/38.1) | 8 | | Sec. 50-10. Budget contents. The budget shall be submitted | 9 | | by
the
Governor with line item and program
data. The budget | 10 | | shall also contain performance data presenting
an estimate for | 11 | | the current fiscal year, projections for the
budget year, and | 12 | | information for the 3 prior fiscal years
comparing department | 13 | | objectives with actual accomplishments,
formulated according | 14 | | to the various functions and activities,
and, wherever the | 15 | | nature of the work admits, according to the
work units, for | 16 | | which the respective departments, offices, and
institutions of | 17 | | the State government (including the elective
officers in the | 18 | | executive department and including the University
of Illinois | 19 | | and the judicial department) are responsible. | 20 | | For the fiscal
year beginning July 1, 1992 and for each | 21 | | fiscal year thereafter, the budget
shall include the | 22 | | performance measures of each department's accountability
| 23 | | report. |
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| 1 | | For the fiscal year beginning July 1, 1997 and for each
| 2 | | fiscal year thereafter, the budget shall include one or more | 3 | | line items
appropriating moneys to the Department of Human | 4 | | Services to
fund participation in the Home-Based Support | 5 | | Services Program for Adults with Mental Disabilities under the | 6 | | Developmental Disability and Mental Disability
Services Act by | 7 | | persons described in Section 2-17 of that Act. | 8 | | The budget
shall contain a capital development
section in | 9 | | which the Governor will present (1) information on the capital
| 10 | | projects and capital programs for which appropriations are | 11 | | requested,
(2) the capital spending plans, which shall document | 12 | | the first
and subsequent years cash requirements by fund for | 13 | | the proposed
bonded program, and (3) a statement that shall | 14 | | identify by
year
the principal and interest costs until | 15 | | retirement of the State's
general obligation debt. In addition, | 16 | | the principal and interest
costs of the budget year program | 17 | | shall be presented separately,
to indicate the marginal cost of | 18 | | principal and interest payments
necessary to retire the | 19 | | additional bonds needed to finance the
budget year's capital | 20 | | program. In 2004 only, the capital development section of the | 21 | | State budget shall be submitted by the Governor not later than | 22 | | the fourth Tuesday of March (March 23, 2004).
| 23 | | The budget shall contain a section indicating whether there | 24 | | is a projected budget surplus or a projected budget deficit for | 25 | | general funds in the current fiscal year, or whether the | 26 | | current fiscal year's general funds budget is projected to be |
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| 1 | | balanced, based on estimates prepared by the Governor's Office | 2 | | of Management and Budget using actual figures available on the | 3 | | date the budget is submitted. That section shall present this | 4 | | information in both a numerical table format and by way of a | 5 | | narrative description, and shall include information for the | 6 | | proposed upcoming fiscal year, the current fiscal year, and the | 7 | | 2 years prior to the current fiscal year. These estimates must | 8 | | specifically and separately identify any non-recurring | 9 | | revenues, including, but not limited to, borrowed money, money | 10 | | derived by borrowing or transferring from other funds, or any | 11 | | non-operating financial source. None of these specifically and | 12 | | separately identified non-recurring revenues may include any | 13 | | revenue that cannot be realized without a change to law. The | 14 | | table shall show accounts payable at the end of each fiscal | 15 | | year in a manner that specifically and separately identifies | 16 | | any general funds liabilities accrued during the current and | 17 | | prior fiscal years that may be paid from future fiscal years' | 18 | | appropriations, including, but not limited to, costs that may | 19 | | be paid beyond the end of the lapse period as set forth in | 20 | | Section 25 of the State Finance Act and costs incurred by the | 21 | | Department on Aging. The section shall also include an estimate | 22 | | of individual and corporate income tax overpayments that will | 23 | | not be refunded before the close of the fiscal year. | 24 | | For the budget year, the current
year, and 3 prior fiscal | 25 | | years, the Governor shall also include
in the budget estimates | 26 | | of or actual values for the assets and
liabilities for General |
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| 1 | | Assembly Retirement System, State Employees'
Retirement System | 2 | | of Illinois, State Universities Retirement System,
Teachers' | 3 | | Retirement System of the State of Illinois, and Judges
| 4 | | Retirement System of Illinois. | 5 | | The budget submitted by the Governor
shall contain, in | 6 | | addition, in a separate book, a tabulation of all
position and | 7 | | employment titles in each such department, office, and
| 8 | | institution, the number of each, and the salaries for each,
| 9 | | formulated according to divisions, bureaus, sections, offices,
| 10 | | departments, boards, and similar subdivisions, which shall
| 11 | | correspond as nearly as practicable to the functions and | 12 | | activities
for which the department, office, or institution is | 13 | | responsible. | 14 | | Together with the budget, the Governor shall transmit the
| 15 | | estimates of
receipts and expenditures, as received by the | 16 | | Director
of the
Governor's Office of Management and Budget, of | 17 | | the elective officers
in the executive and judicial departments | 18 | | and
of the University of Illinois. | 19 | | An applicable appropriations committee of each chamber of | 20 | | the General Assembly, for fiscal year 2012 and thereafter, must | 21 | | review individual line item appropriations and the total budget | 22 | | for each State agency, as defined in the Illinois State | 23 | | Auditing Act. | 24 | | Beginning with the fiscal year 2020 budget, the budget | 25 | | submitted by the Governor shall include one or more line items | 26 | | appropriating moneys to the Board of Regents, in accordance |
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| 1 | | with the recommendations provided to the Governor by the Board | 2 | | of Higher Education under Section 8 of the Board of Higher | 3 | | Education Act. Beginning with fiscal year 2020, no | 4 | | appropriation for higher education or higher education-related | 5 | | purposes may be made to any public university. All | 6 | | appropriations for public universities shall be made to the | 7 | | Board of Regents beginning with fiscal year 2020. | 8 | | (Source: P.A. 98-460, eff. 1-1-14; 99-143, eff. 7-27-15.) | 9 | | Section 10. The Board of Higher Education Act is amended by | 10 | | changing Sections 1, 7, and 8 and by adding Sections 3.5 and | 11 | | 9.37 as follows:
| 12 | | (110 ILCS 205/1) (from Ch. 144, par. 181)
| 13 | | Sec. 1.
The following terms shall have the meanings | 14 | | respectively prescribed
for them, except when the context | 15 | | otherwise requires:
| 16 | | "Public institutions of higher education": The University | 17 | | of
Illinois; Southern Illinois University;
Chicago State | 18 | | University; Eastern Illinois University; Governors State
| 19 | | University; Illinois State University; Northeastern Illinois | 20 | | University;
Northern Illinois University; Western Illinois | 21 | | University; the public community
colleges of the State and any
| 22 | | other public universities, colleges and community colleges now | 23 | | or hereafter
established or authorized by the General Assembly.
| 24 | | "Board": The Board of Higher Education created by this Act.
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| 1 | | (Source: P.A. 100-167, eff. 1-1-18 .)
| 2 | | (110 ILCS 205/3.5 new) | 3 | | Sec. 3.5. Board of Regents. There is created a Board of | 4 | | Regents to allocate funds to public universities from | 5 | | appropriations made to the Board of Regents, based on a funding | 6 | | formula recommended by the Board under subsection (a) of | 7 | | Section 9.37 of this Act. The Board of Regents shall consist of | 8 | | 7 members of the public appointed by the Governor, with the | 9 | | advice and consent of the Senate. No more than 4 members may be | 10 | | affiliated with the same political party. Members of the Board | 11 | | of Regents shall serve at the pleasure of the Governor and | 12 | | without compensation, but shall be reimbursed for their | 13 | | reasonable and necessary expenses from funds appropriated for | 14 | | that purpose. The Board shall provide administrative and other | 15 | | support to the Board of Regents. The Board of Regents shall | 16 | | meet initially at the call of the Governor, and 4 members shall | 17 | | constitute a quorum.
| 18 | | (110 ILCS 205/7) (from Ch. 144, par. 187)
| 19 | | Sec. 7.
The Board of Trustees of the University of | 20 | | Illinois, the Board of
Trustees of Southern Illinois | 21 | | University,
the Board of Trustees of Chicago State University, | 22 | | the Board of Trustees of
Eastern Illinois University, the Board | 23 | | of Trustees of Governors State
University, the Board of | 24 | | Trustees of Illinois State University, the Board of
Trustees of |
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| 1 | | Northeastern Illinois University, the Board of Trustees of | 2 | | Northern
Illinois University, the Board of Trustees of Western | 3 | | Illinois University,
the Illinois Community College Board and | 4 | | the campuses under their governance
or supervision shall not | 5 | | hereafter undertake the establishment of any new
unit of | 6 | | instruction, research or public service without the approval of | 7 | | the
Board. The term "new unit of instruction, research or | 8 | | public service"
includes the establishment of a college, | 9 | | school, division, institute,
department or other unit in any | 10 | | field of instruction, research or public
service not | 11 | | theretofore included in the program of the institution, and
| 12 | | includes the establishment of any new branch or campus. The | 13 | | term does not
include reasonable and moderate extensions of | 14 | | existing curricula, research,
or public service programs which | 15 | | have a direct relationship to existing
programs; and the Board | 16 | | may, under its rule making power, define the
character of such | 17 | | reasonable and moderate extensions.
| 18 | | Such governing boards shall submit to the Board all | 19 | | proposals for a new
unit of instruction, research, or public | 20 | | service. The Board may approve or
disapprove the proposal in | 21 | | whole or in part or approve modifications
thereof whenever in | 22 | | its judgment such action is consistent with the
objectives of | 23 | | an existing or proposed master plan of higher education.
| 24 | | The Board of Higher Education is authorized to review | 25 | | periodically all
existing programs of instruction, research | 26 | | and public service at the State
universities and colleges and |
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| 1 | | to advise the appropriate board of control if
the contribution | 2 | | of each program is not educationally and economically
| 3 | | justified. Each State university shall report annually to the | 4 | | Board on programs of instruction, research, or public service | 5 | | that have been terminated, dissolved, reduced, or consolidated | 6 | | by the university. Each State university shall also report to | 7 | | the Board all programs of instruction, research, and public | 8 | | service that exhibit a trend of low performance in enrollments, | 9 | | degree completions, and high expense per degree. The Board may | 10 | | require the elimination of any program of instruction, | 11 | | research, or public service at a State university that exhibits | 12 | | a trend of low performance or low enrollment. The Board shall | 13 | | compile an annual report that shall contain information on new | 14 | | programs created, existing programs that have been closed , | 15 | | eliminated, or consolidated, and programs that exhibit low | 16 | | performance or productivity. The report must be submitted to | 17 | | the General Assembly. The Board shall have the authority to | 18 | | define relevant terms and timelines by rule with respect to | 19 | | this reporting.
| 20 | | (Source: P.A. 97-610, eff. 1-1-12.)
| 21 | | (110 ILCS 205/8) (from Ch. 144, par. 188)
| 22 | | Sec. 8.
The Board of Trustees of the University of | 23 | | Illinois, the Board of
Trustees of Southern Illinois | 24 | | University,
the Board of Trustees of Chicago State University, | 25 | | the Board of Trustees of
Eastern Illinois University, the Board |
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| 1 | | of Trustees of Governors State
University, the Board of | 2 | | Trustees of Illinois State University, the Board of
Trustees of | 3 | | Northeastern Illinois University, the Board of Trustees of | 4 | | Northern
Illinois University, the Board of Trustees of Western | 5 | | Illinois University, and
the Illinois Community College Board | 6 | | shall submit to the Board not later
than the 15th day of | 7 | | November of each year its budget proposals for the
operation | 8 | | and capital needs of the institutions under its governance or
| 9 | | supervision for the ensuing fiscal year. Each budget proposal | 10 | | shall conform
to the procedures developed by the Board in the | 11 | | design of an information
system for State universities and | 12 | | colleges.
| 13 | | In order to maintain a cohesive system of higher education, | 14 | | the Board and
its staff shall communicate on a regular basis | 15 | | with all public university
presidents. They shall meet at least | 16 | | semiannually to achieve economies of
scale where possible and | 17 | | provide the most innovative and efficient programs and
| 18 | | services.
| 19 | | The Board, in the analysis of formulating the annual budget | 20 | | request,
shall consider rates of tuition and fees and | 21 | | undergraduate tuition and fee waiver programs at the State | 22 | | universities and
colleges. The Board shall also consider the | 23 | | current and projected
utilization of the total physical plant | 24 | | of each campus of a university or
college in approving the | 25 | | capital budget for any new building or facility.
| 26 | | The Board of Higher Education shall submit to the Governor, |
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| 1 | | to the
General Assembly, and to the appropriate budget agencies | 2 | | of the Governor
and General Assembly its analysis and | 3 | | recommendations on such budget
proposals.
| 4 | | The Board is directed to form a broad-based group of | 5 | | individuals representing the Office of the Governor, the | 6 | | General Assembly, public institutions of higher education, | 7 | | State agencies, business and industry, statewide organizations | 8 | | representing faculty and staff, and others as the Board shall | 9 | | deem appropriate to devise a system for allocating State | 10 | | resources to public institutions of higher education based upon | 11 | | performance in achieving State goals related to student success | 12 | | and certificate and degree completion. | 13 | | Beginning in Fiscal Year 2013, the Board of Higher | 14 | | Education budget recommendations to the Governor and the | 15 | | General Assembly shall include allocations to public | 16 | | institutions of higher education based upon performance | 17 | | metrics designed to promote and measure student success in | 18 | | degree and certificate completion. Public university metrics | 19 | | must be adopted by the Board by rule, and public community | 20 | | college metrics must be adopted by the Illinois Community | 21 | | College Board by rule. These metrics must be developed and | 22 | | promulgated in accordance with the following principles: | 23 | | (1) The metrics must be developed in consultation with | 24 | | public institutions of higher education, as well as other | 25 | | State educational agencies and other higher education | 26 | | organizations, associations, interests, and stakeholders |
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| 1 | | as deemed appropriate by the Board. | 2 | | (2) The metrics shall include provisions for | 3 | | recognizing the demands on and rewarding the performance of | 4 | | institutions in advancing the success of students who are | 5 | | academically or financially at risk, including | 6 | | first-generation students, low-income students, and | 7 | | students traditionally underrepresented in higher | 8 | | education, as specified in Section 9.16 of this Act. | 9 | | (3) The metrics shall recognize and account for the | 10 | | differentiated missions of institutions and sectors of | 11 | | higher education. | 12 | | (4) The metrics shall focus on the fundamental goal of | 13 | | increasing completion of college courses, certificates, | 14 | | and degrees. Performance metrics shall recognize the | 15 | | unique and broad mission of public community colleges | 16 | | through consideration of additional factors including, but | 17 | | not limited to, enrollment, progress through key academic | 18 | | milestones, transfer to a baccalaureate institution, and | 19 | | degree completion. | 20 | | (5) The metrics must be designed to maintain the | 21 | | quality of degrees, certificates, courses, and programs. | 22 | | In devising performance metrics, the Board may be guided by the | 23 | | report of the Higher Education Finance Study Commission. | 24 | | Beginning with budget proposals for Fiscal Year 2020, the | 25 | | Board of Trustees of the University of Illinois, the Board of | 26 | | Trustees of Southern Illinois University, the Board of Trustees |
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| 1 | | of Chicago State University, the Board of Trustees of Eastern | 2 | | Illinois University, the Board of Trustees of Governors State | 3 | | University, the Board of Trustees of Illinois State University, | 4 | | the Board of Trustees of Northeastern Illinois University, the | 5 | | Board of Trustees of Northern Illinois University, and the | 6 | | Board of Trustees of Western Illinois University shall submit | 7 | | to the Board of Regents no later than the 15th day of November | 8 | | of each year their budget proposals for the operation and | 9 | | capital needs of the institutions under their governance or | 10 | | supervision for the ensuing fiscal year. Each budget proposal | 11 | | shall conform to the requirements of this Section. | 12 | | Budget proposals and recommendations for Fiscal Year 2020 | 13 | | and thereafter shall conform to a funding formula recommended | 14 | | by the Board under subsection (a) of Section 9.37 of this Act. | 15 | | Each State university must
submit its plan for capital | 16 | | improvements of non-instructional facilities to
the Board for | 17 | | approval before final commitments are made if the total cost of | 18 | | the project as approved by the institution's board of control | 19 | | is in excess of $2 million. Non-instructional
uses shall | 20 | | include but not be limited to dormitories, union buildings,
| 21 | | field houses, stadium, other recreational facilities and | 22 | | parking lots. The
Board shall determine whether or not any | 23 | | project submitted for approval is
consistent with the master | 24 | | plan for higher education and with instructional
buildings that | 25 | | are provided for therein. If the project is found by a
majority | 26 | | of the Board not to be consistent, such capital improvement |
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| 1 | | shall
not be constructed.
| 2 | | (Source: P.A. 99-655, eff. 7-28-16.)
| 3 | | (110 ILCS 205/9.37 new) | 4 | | Sec. 9.37. State efficiency and enrollment plan. | 5 | | (a) The Board shall prepare a comprehensive statewide plan | 6 | | to increase efficiency and enrollment in public institutions of | 7 | | higher education. The plan shall include, but is not limited | 8 | | to: | 9 | | (1) support for students in grade 12 who wish to file a | 10 | | Free Application for Federal Student Aid; | 11 | | (2) an opportunity for a student to participate in | 12 | | early enrollment at a public institution of higher | 13 | | education; | 14 | | (3) establishing an awareness program in an effort to | 15 | | market public institutions of higher education to | 16 | | non-traditional students; | 17 | | (4) creating a single application for admission, with a | 18 | | one-time application fee, to be distributed by every public | 19 | | university; | 20 | | (5) identifying programs that exhibit a trend of low | 21 | | performance or enrollment under Section 7 of this Act; | 22 | | (6) ensuring public universities work collectively as | 23 | | partners and with other entities, including those in the | 24 | | private sector, to share resources and deliver programs to | 25 | | enhance learning opportunities for State residents; |
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| 1 | | (7) ensuring that academic credits for equivalent | 2 | | courses are appropriately recognized by every public | 3 | | institution of higher education; | 4 | | (8) enhancing and expanding partnerships with public | 5 | | universities and high schools in this State to offer dual | 6 | | credit and dual enrollment opportunities; | 7 | | (9) ensuring academic credits for equivalent courses | 8 | | earned at community colleges are recognized at every public | 9 | | university; | 10 | | (10) developing merit-based financial aid programs to | 11 | | help retain students at public institutions of higher | 12 | | education; | 13 | | (11) recommending a funding formula to the Board of | 14 | | Regents for public universities based upon policy goals | 15 | | that include degree completion and placement; | 16 | | (12) collaborating with government and community | 17 | | organizations to identify pressing and emerging societal | 18 | | needs that can be addressed by public institutions of | 19 | | higher education and devising effective ways to address | 20 | | those needs; and | 21 | | (13) exploring loan forgiveness programs for graduates | 22 | | who work in high-need public sectors. | 23 | | (b) The Board shall submit the plan under this Section to | 24 | | the Board of Regents, which shall approve the plan and may make | 25 | | any necessary changes. After approval by the Board of Regents, | 26 | | the Board shall submit the plan to every public institution of |
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| 1 | | higher education and may audit public institutions of higher | 2 | | education for compliance with this plan. | 3 | | (c) Notwithstanding the funding formula recommended by the | 4 | | Board under subsection (a) of this Section, the Board of | 5 | | Regents shall not allocate any funds to a public university | 6 | | that does not adhere to the plan under this Section.
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