HB5116ham002 95TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 3/12/2008

09500HB5116ham002 LRB095 17222 NHT 48127 a

AMENDMENT TO HOUSE BILL 5116

AMENDMENT NO. ______. Amend House Bill 5116, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Commission on Volunteerism and Community Service Act is amended by changing Section 4 as follows:

(20 ILCS 710/4) (from Ch. 127, par. 3804)

Sec. 4. Operation.

(1) The Governor shall appoint a Director of the Commission on Volunteerism and Community Service who shall serve at the Governor's pleasure and who shall receive such compensation as is determined by the Governor. The Director shall employ such staff as is necessary to carry out the purpose of this Act. The Commission, working in cooperation with State agencies, individuals, local groups, and organizations throughout the State, may undertake programs and activities which further the purposes of this Act including, but not limited to, the following:

(a) providing technical assistance to programs which depend upon volunteers;

(b) initiating community service programs to meet previously unmet needs in Illinois;

(c) promoting and coordinating efforts to expand and improve the statewide community service network;

(d) recognizing outstanding community service accomplishments;

(e) disseminating information to support community service programs and to broaden community service involvement throughout the State;

(f) implementing federally funded grant programs in Illinois such as the National and Community Service Trust Act.

(2) The Commission may, subject to appropriation from the Illinois Service Education Award Grant Fund, award an Illinois Service Education Award Grant to recipients of a national service educational award, established under 42 U.S.C. Sec. 12602 and awarded by the Corporation for National Community Service, which grant must be awarded only as a partial matching grant.

An individual who successfully completes a required term of full-time national service in an approved national service position in this State may apply to receive an Illinois Service Education Award Grant.

An Illinois Service Education Award Grant may be used for any of the following purposes:

(a) To repay student loans associated with attending an Illinois institution of higher learning, as defined in the Higher Education Student Assistance Act.

(b) To pay all or part of the cost of attendance at an Illinois institution of higher learning, as defined in the Higher Education Student Assistance Act.

(c) To pay expenses incurred in participating in an approved Illinois school-to-work program.

(d) Any other purpose for which the national service educational award may lawfully be used.

The Illinois Service Education Award Grant Fund is created as a special fund in the State treasury. All money in the Fund shall be used, subject to appropriation, by the Commission for the purposes of this subsection (2).

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(3) The Commission may receive and expend funds, grants and services from any source for purposes reasonable and necessary to carry out a coordinated plan of community service throughout the State.

(Source: P.A. 91-798, eff. 7-9-00.)

Section 10. The State Finance Act is amended by adding Section 5.710 as follows:

(30 ILCS 105/5.710 new)

Sec. 5.710. The Illinois Service Education Award Grant Fund.".