Public Act 90-0278 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0278

HB0680 Enrolled                                LRB9002561THpc

    AN ACT relating to higher education, amending named Acts.

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

    Section  2.  The Board of Higher Education Act is amended
by changing Section 4 as follows:

    (110 ILCS 205/4) (from Ch. 144, par. 184)
    Sec. 4. The Board shall hold regular  meetings  at  times
specified  in  its rules.  Special or additional meetings may
be held on call of the Chairman, or upon a call signed by  at
least  6 members, or upon call of the Governor. A majority of
the members of the Board shall constitute a quorum at all its
meetings, but the approval of  a  new  unit  of  instruction,
research,  or  public  service  for  a  public institution of
higher education, as provided in Section 7 shall require  the
concurrence of a majority of all the members of the Board.
    The  Chairmen of the Illinois Community College Board and
the Illinois Student Assistance Commission holding membership
on the Board each may designate an alternate  to  attend  any
meeting  of  the  Board, and an alternate so designated shall
have all rights and privileges of  regular  membership  while
acting for the Chairman who has so designated him or her.
    The   Board  may  employ  and  fix  the  compensation  of
professional  and  clerical  staff  and   other   assistants,
including   specialists  and  consultants,  as  it  may  deem
necessary, on a full or part time basis.
(Source: P.A. 88-255; 89-4, eff. 1-1-96.)

    Section 5.  The Illinois State University Law is  amended
by adding Section 20-115 as follows:

    (110 ILCS 675/20-115 new)
    Sec.  20-115.  Illinois  Institute  for  Entrepreneurship
Education.
    (a)  There is created, effective July 1, 1997, within the
State  at  Illinois  State University, the Illinois Institute
for Entrepreneurship Education, hereinafter  referred  to  as
the Institute.
    (b)  The  Institute  created  under  this  Section  shall
commence  its  operations  on  July  1, 1997 and shall have a
board composed of 15  members  representative  of  education,
commerce  and  industry,  government,  or labor, appointed as
follows: 2 members shall be appointees of the  Governor,  one
of  whom  shall  be a minority or female person as defined in
Section 2 of the Business Enterprise for Minorities, Females,
and Persons with Disabilities Act; one  member  shall  be  an
appointee of the President of the Senate; one member shall be
an  appointee  of  the  Minority  Leader  of the Senate;  one
member shall be an appointee of the Speaker of the  House  of
Representatives;  one  member  shall  be  an appointee of the
Minority Leader of the House of Representatives;   2  members
shall  be appointees of Illinois State University; one member
shall be an appointee of the Board of Higher  Education;  one
member shall be an appointee of the State Board of Education;
one  member  shall  be  an  appointee  of  the  Department of
Commerce and  Community  Affairs;  one  member  shall  be  an
appointee of the Illinois chapter of Economics America; and 3
members  shall  be appointed by majority vote of the other 12
appointed members to represent business  owner-entrepreneurs.
Each  member  shall have expertise and experience in the area
of entrepreneurship education, including small  business  and
entrepreneurship.   The  majority  of  voting members must be
from the private sector. The members initially  appointed  to
the  board  of the Institute created under this Section shall
be appointed to take office on July 1, 1997 and shall by  lot
determine  the length of their respective terms as follows: 5
members shall be selected by lot to serve terms of one  year,
5 members shall be selected by lot to serve terms of 2 years,
and  5  members  shall be selected by lot to serve terms of 3
years. Subsequent appointees shall  each  serve  terms  of  3
years.  The  board  shall  annually select a chairperson from
among its members.  Each board member  shall  serve   without
compensation but shall be reimbursed for expenses incurred in
the performance of his or her duties.
    (c)  The  purpose of the Institute shall be to foster the
growth and development of entrepreneurship education  in  the
State  of  Illinois.   The  Institute  shall  help remedy the
deficiencies in the preparation of entrepreneurship education
teachers,   increase   the   quality    and    quantity    of
entrepreneurship  education  programs,  improve instructional
materials, and prepare personnel  to  serve  as  leaders  and
consultants  in  the  field of entrepreneurship education and
economic   development.    The   Institute   shall    promote
entrepreneurship  as a career option, promote and support the
development   of   innovative   entrepreneurship    education
materials  and  delivery systems, promote business, industry,
and  education  partnerships,   promote   collaboration   and
involvement in entrepreneurship education programs, encourage
and  support  in-service  and  preservice  teacher  education
programs  within various educational systems, and develop and
distribute relevant materials.  The Institute shall provide a
framework under which the public and private sectors may work
together  toward  entrepreneurship  education  goals.   These
goals shall be achieved by bringing  together  programs  that
have  an  impact  on  entrepreneurship  education  to achieve
coordination among agencies and  greater  efficiency  in  the
expenditure of funds.
    (d)  Beginning July 1, 1997, the Institute shall have the
following   powers   subject  to  State  and  Illinois  State
University Board of Trustees regulations and guidelines:
         (1)  To employ and determine the compensation of  an
    executive director and such staff as it deems necessary;
         (2)  To  own  property  and expend and receive funds
    and generate funds;
         (3)  To  enter  into  agreements  with  public   and
    private entities in the furtherance of its purpose; and
         (4)  To  request  and  receive  the  cooperation and
    assistance of all State departments and agencies  in  the
    furtherance of its purpose.
    (e)  The  board of the Institute shall be a policy making
body with the  responsibility  for  planning  and  developing
Institute  programs.  The  Institute,  through  the  Board of
Trustees of Illinois State University, shall annually  report
to  the Governor and General Assembly by January 31 as to its
activities  and  operations,  including  its   findings   and
recommendations.
    (f)  Beginning  on  July  1,  1997, the Institute created
under this Section shall be deemed designated by law  as  the
successor  to  the  Illinois  Institute  for Entrepreneurship
Education, previously created and  existing  under    Section
2-11.5   of  the  Public  Community  College  Act  until  its
abolition on July 1, 1997 as provided in  that  Section.   On
July  1,  1997,  all  financial  and  other  records  of  the
Institute  so abolished and all of its property, whether real
or personal, including but not limited to all  inventory  and
equipment, shall be deemed transferred by operation of law to
the Illinois Institute for Entrepreneurship Education created
under  this  Section  20-115.   The  Illinois  Institute  for
Entrepreneurship  Education created under this Section 20-115
shall have, with respect  to  the  predecessor  Institute  so
abolished,  all  authority, powers, and duties of a successor
agency under Section 10-15 of the Successor Agency Act.
(Source: P.A. 89-691, eff. 12-31-96.)
    Section 10.  The Public Community College Act is  amended
by changing Section 2-11.5 as follows:

    (110 ILCS 805/2-11.5)
    Sec.  2-11.5.  Illinois  Institute  for  Entrepreneurship
Education.
    (a)  There is created, effective July 1, 1996, within the
State  and the Illinois Community College Board, the Illinois
Institute   for   Entrepreneurship   Education,   hereinafter
referred to as the Institute.
    (b)  The  Institute  created  under  this  Section  shall
commence its operations on July 1,  1996  and  shall  have  a
board  composed  of  18  members representative of education,
commerce and industry, and government or labor, appointed  as
follows:  2  members shall be appointees of the Governor, one
of whom shall be a minority or female person  as  defined  in
Section 2 of the Business Enterprise for Minorities, Females,
and  Persons  with  Disabilities  Act; one member shall be an
appointee of the President of the Senate; one member shall be
an appointee of the  Minority  Leader  of  the  Senate;   one
member  shall  be an appointee of the Speaker of the House of
Representatives; one member shall  be  an  appointee  of  the
Minority  Leader  of  the House of Representatives; 3 members
shall be appointees of the Illinois Community College  Board;
one  member  shall  be  an  appointee  of the Board of Higher
Education; one member  shall  be  an  appointee  of  Southern
Illinois  University;  one  member  shall  be an appointee of
Northern  Illinois  University;  one  member  shall   be   an
appointee  of  Illinois State University; one member shall be
an appointee of Western Illinois University; 2 members  shall
be appointees of the University of Illinois; one member shall
be  an  appointee of the Department of Commerce and Community
Affairs; and one member shall be an appointee of the Illinois
chapter  of  Economics  America.  Each  member   shall   have
expertise  and  experience  in  the  area of entrepreneurship
education, including  small  business  and  entrepreneurship.
The  majority  of  voting  members  must  be from the private
sector. The members initially appointed to the board  of  the
Institute  created  under  this Section shall be appointed to
take office on July 1, 1996 and shall by  lot  determine  the
length  of their respective terms as follows: 6 members shall
be selected by lot to serve terms  of  one  year,  6  members
shall  be  selected  by  lot to serve terms of 2 years, and 6
members shall be selected by lot to serve terms of  3  years.
Subsequent  appointees shall each serve terms of 3 years. The
board shall annually select  a  chairperson  from  among  its
members.  Each board member shall serve  without compensation
but   shall  be  reimbursed  for  expenses  incurred  in  the
performance of his or her duties.
    (c)  The purpose of the Institute shall be to foster  the
growth  and  development of entrepreneurship education in the
State of Illinois.   The  Institute  shall  help  remedy  the
deficiencies in the preparation of entrepreneurship education
teachers,    increase    the    quality   and   quantity   of
entrepreneurship education  programs,  improve  instructional
materials,  and  prepare  personnel  to  serve as leaders and
consultants in the field of  entrepreneurship  education  and
economic    development.    The   Institute   shall   promote
entrepreneurship as a career option, promote and support  the
development    of   innovative   entrepreneurship   education
materials and delivery systems, promote  business,  industry,
and   education   partnerships,   promote  collaboration  and
involvement in entrepreneurship education programs, encourage
and  support  in-service  and  preservice  teacher  education
programs within various educational systems, and develop  and
distribute relevant materials.  The Institute shall provide a
framework under which the public and private sectors may work
together  toward  entrepreneurship  education  goals.   These
goals  shall  be  achieved by bringing together programs that
have an  impact  on  entrepreneurship  education  to  achieve
coordination  among  agencies  and  greater efficiency in the
expenditure of funds.
    (d)  Beginning July 1, 1996, the Institute shall have the
following powers subject  to  State  and  Illinois  Community
College Board regulations and guidelines:
         (1)  To  employ and determine the compensation of an
    executive director and such staff as it deems necessary;
         (2)  To own property and expend  and  receive  funds
    and generate funds;
         (3)  To   enter  into  agreements  with  public  and
    private entities in the furtherance of its purpose; and
         (4)  To request  and  receive  the  cooperation  and
    assistance  of  all State departments and agencies in the
    furtherance of its purpose.
    (e)  The board of the Institute shall be a policy  making
body  with  the  responsibility  for  planning and developing
Institute  programs.  The  Institute,  through  the  Illinois
Community  College  Board,  shall  annually  report  to   the
Governor  and  General  Assembly  by  January  31  as  to its
activities  and  operations,  including  its   findings   and
recommendations.
    (f)  Beginning  on  July  1,  1996, the Institute created
under this Section shall be deemed designated by law  as  the
successor  to  the  Illinois  Institute  for Entrepreneurship
Education, previously  created  and  existing  under  Section
30-115  of  the  Northern  Illinois  University Law until its
abolition on July 1, 1996 as provided in  that  Section.   On
July  1,  1996,  all  financial  and  other  records  of  the
Institute  so abolished and all of its property, whether real
or personal, including but not limited to all  inventory  and
equipment, shall be deemed transferred by operation of law to
the Illinois Institute for Entrepreneurship Education created
under  this  Section  2-11.5.   The  Illinois  Institute  for
Entrepreneurship  Education created under this Section 2-11.5
shall have, with respect  to  the  predecessor  Institute  so
abolished,  all  authority, powers, and duties of a successor
agency under Section 10-15 of the Successor Agency Act.
    (g)  The  Institute  created  under   this   Section   is
abolished  on  July  1, 1997, and the terms of the members of
the board of the Institute so  abolished  are  terminated  on
that  date.  All financial and other records of the Institute
so  abolished  and  all  of  the  property  of  that   former
Institute,  whether real or personal in nature, including but
not limited to all inventory and equipment, shall  be  deemed
transferred  on  July  1,  1997,  by operation of law, to the
Illinois Institute  for  Entrepreneurship  Education  created
under  Section 20-115 of the Illinois State University Law as
the successor of the Institute that is abolished as  provided
in this Section 2-11.5.
    (h)  Subsections  (a)  through (f) of this Section 2-11.5
shall have no legal force or effect from and  after  July  1,
1997.
    (i)  This Section is repealed on July 31, 1997.
(Source: P.A. 89-691, eff. 12-31-96.)

    Section  15.  The Higher Education Student Assistance Act
is amended by changing Section 37 as follows:

    (110 ILCS 947/37)
    Sec. 37. Higher education license plate grant program.
    (a)  Each   year,   the   Illinois   Student   Assistance
Commission shall receive a  separate  appropriation  for  the
purpose of providing grant assistance to students enrolled at
Illinois  private  colleges and universities.  The Commission
shall, each year, receive and consider applications for grant
assistance  under  this  Section.   Subject  to  a   separate
appropriation for such purposes, an applicant is eligible for
a  grant to a degree-granting, not-for-profit private college
or university located in this State under this  Section  when
the Commission finds that the applicant:
         (1)  is  a  resident  of this State and a citizen or
    permanent resident of the United States; and
         (2)  in the absence of  grant  assistance,  will  be
    deterred  by  financial considerations from completing an
    educational program at the qualified institution  of  his
    or her choice.
    (b)  The  private  college or university Commission shall
award renewals only upon the student's application  and  upon
the institution's Commission's finding that the applicant:
         (1)  has  remained  a  student in good standing at a
    degree-granting,  not-for-profit   private   college   or
    university located in this State;
         (2)  remains a resident of this State; and
         (3)  is  in  a financial situation that continues to
    warrant assistance.
    (c)  All grants shall be applicable only to  tuition  and
necessary  fee  costs  for  2  semesters  or 3 quarters in an
academic year.  Requests for summer term assistance  must  be
made  separately  and  shall  be  considered on an individual
basis  according  to  Commission  policy.   The   institution
Commission   shall   determine  the  grant  amount  for  each
full-time and part-time student, which shall be the  smallest
of the following amounts:
         (1)  $2,000   for  2  semesters  or  3  quarters  of
    full-time  undergraduate  enrollment  or  $1,000  for   2
    semesters   or  3  quarters  of  part-time  undergraduate
    enrollment, or such lesser amount as the Commission finds
    to be available; or
         (2)  the amount that equals the  tuition  and  other
    necessary  fees  for  2  semesters or 3 quarters required
    generally   by   the   institution   of   all   full-time
    undergraduate students,  or  in  the  case  of  part-time
    students an amount of tuition and fees for 2 semesters or
    3  quarters  that  does not exceed one-half the amount of
    tuition and necessary fees generally charged to full-time
    undergraduate students by the institution; or
         (3)  such amount as the institution Commission finds
    to be appropriate in view of  the  applicant's  financial
    resources.
"Tuition  and  other  necessary fees" as used in this Section
includes the customary charge  for  instruction  and  use  of
facilities  in general, and the additional fixed fees charged
for specified  purposes,  which  are  required  generally  of
nongrant  recipients  for  each academic period for which the
grant applicant actually enrolls, but does not  include  fees
payable  only  once  or  breakage  fees  and other contingent
deposits that are  refundable  in  whole  or  in  part.   The
Commission  may prescribe, by rule not inconsistent with this
Section, detailed provisions concerning  the  computation  of
tuition and other necessary fees.
    (d)  No  applicant,  including  those presently receiving
scholarship assistance under this Act, is eligible for  grant
program  consideration  under  this Section after receiving a
baccalaureate degree or the equivalent of 10 semesters or  15
quarters of award payments.  The institution Commission shall
determine  when  award  payments  for part-time enrollment or
interim or  summer  terms  shall  be  counted  as  a  partial
semester or quarter of payment.
    (e)  The  Commission shall ensure that determine annually
the number  of  grants  to  be  offered  for  study  at  each
degree-granting, not-for-profit private college or university
in  this State, taking into consideration the amount of funds
available and past experience with the rate  of  grant  funds
unclaimed by recipients. in each school year the total amount
of  grants  awarded  under  this  Section  for  study at each
degree-granting, not-for-profit private college or university
in this State shall be at least equal  to  the  total  amount
deposited into the University Grant Fund from the issuance or
renewal   of   license   plates  bearing  the  name  of  that
degree-granting, not-for-profit private college or university
during the calendar year preceding the calendar year in which
the school year begins.
    The institution Commission shall notify  applicants  that
grant  assistance  is  contingent  upon  the  availability of
appropriated funds.
(Source: P.A. 89-424, eff. 6-1-96.)

    Section 20.  The Illinois  Vehicle  Code  is  amended  by
changing Section 3-629 (as added by P.A. 89-424) as follows:

    (625 ILCS 5/3-629)
    Sec. 3-629.  Collegiate license plates; scholarship fund.
    (a)  In  addition to any other special license plate, the
Secretary,  upon  receipt  of   all   applicable   fees   and
applications  made in the form prescribed by the Secretary of
State, may issue collegiate license  plates.  The  collegiate
plates  issued  under  this  Section shall be affixed only to
passenger vehicles of the first division and  motor  vehicles
of  the  second  division weighing not more than 8,000 pounds
and subject to the  staggered  registration  system.   Plates
issued  under  this  Section  shall  expire  according to the
staggered  multi-year  procedure  established  under  Section
3-414.1 of this Code.
    (b)  The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State.   The
Secretary  of  State may, at his or her discretion, issue the
plates for  any  public  or  degree-granting,  not-for-profit
private  college  or  university  located  in this State. The
Secretary may, in his or her discretion, allow the plates  to
be issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code.  The plates are not required to
designate  "Land Of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code.  The Secretary shall prescribe
the eligibility requirements including  a  minimum  level  of
specialized  license  plates  requests  and,  in  his  or her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
    (c)  An applicant shall be charged a $40 fee for original
issuance in addition to the applicable registration fee.   Of
the  original issuance fee in the case of a public university
or college, $25 shall be deposited into the State College and
University Trust Fund and $15 shall  be  deposited  into  the
Secretary  of  State Special License Plate Fund to be used by
the Secretary of State, subject  to  appropriation,  to  help
defray the administrative costs of issuing the plate.  Of the
original  issuance  fee  in  the  case  of a degree-granting,
not-for-profit private college or university,  $25  shall  be
deposited  into  the  University  Grant Fund and $15 shall be
deposited into the Secretary of State Special  License  Plate
Fund  to  be  used  by  the  Secretary  of  State, subject to
appropriation, to help  defray  the  administrative  cost  of
issuing  the  plate.  In addition to the regular renewal fee,
an applicant shall be charged $27 for the renewal of each set
of license plates issued under this  Section;  $25  shall  be
deposited into the State College and University Trust Fund in
the  case  of  a  public  university  or  college or into the
University Grant Fund  in  the  case  of  a  degree-granting,
not-for-profit private college or university, and $2 shall be
deposited  into  the Secretary of State Special License Plate
Fund plates for all collegiate plates.
    (d)  The State  College  and  University  Trust  Fund  is
created  as a special fund in the State treasury.  All moneys
in the State College  and  University  Trust  Fund  shall  be
distributed  on  January  1  of  each  year  to  each  public
university  or  college in proportion to the number of plates
sold in regard to that university  or  college  according  to
subsection  (c)  for  administration  of the Higher Education
License Plate Grant program. Moneys deposited into the  State
College and University Trust Fund shall be distributed to the
public   university  or  college  for  the  sole  purpose  of
scholarship grant awards.
    (e)  The University Grant Fund is created  as  a  special
fund  in  the  State  treasury.  All moneys in the University
Grant Fund shall be  appropriated  to  the  Illinois  Student
Assistance Commission to make reimbursements to participating
private  colleges  and  universities  grants under the Higher
Education License Plate Grant Program.
(Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96.)

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

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