97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0227
 
Introduced , by Rep. Jack D. Franks
 
SYNOPSIS AS INTRODUCED:

        
105 ILCS 5/30-9 from Ch. 122, par. 30-9
105 ILCS 5/30-10 from Ch. 122, par. 30-10
105 ILCS 5/30-11 from Ch. 122, par. 30-11
105 ILCS 5/30-12 from Ch. 122, par. 30-12

 Amends the School Code. Provides that after June 1, 2011
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 June 1, 2011. Effective
immediately.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning education. 


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



4 Section 5. The School Code is amended by changing Sections 
530-9, 30-10,
30-11, and 30-12 as follows:






6 (105 ILCS 5/30-9) (from Ch. 122, par. 30-9)


7 Sec. 30-9. General Assembly scholarship; conditions of 
8admission; award by
competitive examination. 
9 (a) The provisions of this subsection (a) are subject to 
10subsection (b). Each member of the General Assembly may 
11nominate annually 2 persons of
school age and otherwise 
12eligible, from his district; each shall
receive a
certificate 
13of scholarship in any State supported
university designated by 
14the member. Any member of the General Assembly in
making 
15nominations under this Section may designate that his nominee 
16be
granted a 4 year scholarship or may instead designate 2 or 4 
17nominees for
that particular scholarship, each to receive a 2 
18year or a one year
scholarship, respectively. The nominee, if a 
19graduate of a school
accredited by the University to which 
20nominated, shall be admitted to the
university on the same 
21conditions as to educational qualifications as are
other 
22graduates of accredited schools. If the nominee is not a 
23graduate of
a school accredited by the university to which 
 
 
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1nominated, he must, before
being entitled to the benefits of 
2the scholarship, pass an examination
given by the 
3superintendent of schools of the county where he resides at
the 
4time stated in Section 30-7 for the competitive examination. 
5The
president of each university shall prescribe the rules 
6governing the
examination for scholarship to his university.

7 A member of the General Assembly may award the scholarship 
8by
competitive examination conducted under like rules as 
9prescribed in Section
30-7 even though one or more of the 
10applicants are graduates of schools
accredited by the 
11university.

12 A member of the General Assembly may delegate to the 
13Illinois Student
Assistance Commission the authority to 
14nominate persons for General Assembly
scholarships which that 
15member would otherwise be entitled to award, or may
direct the 
16Commission to evaluate and make recommendations to the member

17concerning candidates for such scholarships. In the event a 
18member
delegates his nominating authority or directs the 
19Commission to evaluate
and make recommendations concerning 
20candidates for General Assembly
scholarships, the member shall 
21inform the Commission in writing of the
criteria which he 
22wishes the Commission to apply in nominating or
recommending 
23candidates. Those criteria may include some or all of the

24criteria provided in Section 25 of the Higher Education Student

25Assistance Act. A delegation of authority under this paragraph 
26may be revoked
at any time by the member.

 
 
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1 Failure of a member of the General Assembly to make a 
2nomination in any
year shall not cause that scholarship to 
3lapse, but the member may make a
nomination for such 
4scholarship at any time thereafter through June 1,
2011; before 
5the
expiration of his term, and the person so nominated shall 
6be entitled to
the same benefits as holders of other 
7scholarships provided herein. Any
such scholarship for which a 
8member has made no nomination on or before June 1, 2011 prior 
9to the
expiration of the term for which he was elected shall 
10lapse upon the
expiration of that term.

11 (b) After June 1, 2011 no
person may be nominated to 
12receive any one-year, 2-year, 4-year, or other
scholarship or 
13certificate of scholarship under this Section, nor may any such

14scholarship be awarded under this Section after June 1, 2011

15unless the person was nominated prior to that
date to receive 
16that scholarship.

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






18 (105 ILCS 5/30-10) (from Ch. 122, par. 30-10)


19 Sec. 30-10. Filing nominations-Failure to accept or 
20pass-Second
nomination.  Nominations that are made , under 
21Section 30-9 on or before June 1, 2011 and that show , showing 
22the name and address of the
nominee, and the term of the 
23scholarship, whether 4 years, 2 years or
one year, must be 
24filed with the State Superintendent of Education not later
than 
25the opening day of the semester or term with which the 
 
 
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1scholarship is to
become effective. The State
Superintendent of 
2Education shall forthwith notify the
president of the 
3university of such nomination. No valid nomination to any 
4scholarship may be made
under Section 30-9 after June 1, 2011.

5 If the nominee fails to accept the nomination or, not being 
6a
graduate of a school accredited by the university, fails to 
7pass the
examination for admission, the president of the 
8university shall at once
notify the State Superintendent of 
9Education. Upon receiving such notification,
the State 
10Superintendent of Education shall notify the nominating

11member, who may, on or before, but not after June 1, 2011, name 
12another person for the scholarship. The second
nomination must 
13be received by the State Superintendent of Education not
later 
14than the middle of the semester or term with which the 
15scholarship
was to have become effective under the original 
16nomination in order to
become effective as of the opening date 
17of such semester or term
otherwise it shall not become 
18effective until the beginning of the next
semester or term 
19following the making of the second nomination; provided
that 
20the second nomination must be made, if at all, on or before 
21June 1, 2011
or the scholarship shall be deemed to have lapsed 
22by operation of law. Upon
receiving such notification of a 
23second nomination on or before June 1,
2011, the State 
24Superintendent of Education shall
notify the president of the 
25university of such second nomination.
If any person nominated 
26after the effective date of this amendatory Act
of 1973 to 
 
 
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1receive a General Assembly scholarship changes his residence
to 
2a location outside of the district from which he was nominated, 
3his
nominating member may terminate that scholarship at the 
4conclusion of
the college year in which he is then enrolled, 
5but after June 1, 2011 no
person may be
nominated to receive or 
6otherwise be awarded all or any part of the
scholarship that is 
7unused or unexpired at the time the scholarship is so

8terminated. For purposes of this
paragraph, a person changes 
9his residence if he registers to vote in a
location outside of 
10the district from which he was nominated, but does
not change 
11his residence merely by taking off-campus housing or living
in 
12a nonuniversity residence.

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






14 (105 ILCS 5/30-11) (from Ch. 122, par. 30-11)


15 Sec. 30-11. Failure to use scholarship - Further 
16nominations. If any nominee under Section 30-9 or 30-10 
17discontinues his course
of instruction or fails to use the 
18scholarship, leaving 1, 2, 3, or 4
years thereof unused, the 
19member of the General Assembly may, except as
otherwise 
20provided in this Article, nominate some other person eligible

21under this Article from his district who shall be entitled to 
22the
scholarship for the unexpired period thereof; provided that 
23the nomination for the unexpired period of the
scholarship must 
24be made, if at all, on or before June 1, 2011 or such

25nomination shall be invalid, and the scholarship and its 
 
 
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1unexpired period
shall be deemed to have lapsed by operation of 
2law. Such appointment to an
unexpired scholarship vacated 
3before July 1, 1961, may be made only by
the member of the 
4General Assembly who made the original appointment and
during 
5the time he is such a member. If a scholarship is vacated on or

6after July 1, 1961, and the member of the General Assembly who 
7made the
original appointment has ceased to be a member, some 
8eligible person may
be nominated in the following manner to 
9fill the vacancy: If the
original appointment was made by a 
10Senator, such nomination shall be
made by the Senator from the 
11same district; if the original appointment
was made by a 
12Representative,
such nomination
shall be made by the 
13Representative
from the same district. Every nomination to fill 
14a vacancy must
be made on or before June 1, 2011 and 
15accompanied either by a release of the original nominee or if 
16he is
dead then an affidavit to that effect by some competent 
17person. The
failure of a nominee to register at the university 
18within 20 days after
the opening of any semester or term shall 
19be deemed a release by him of
the nomination, unless he has 
20been granted a leave of absence in
accordance with Section 
2130-14 or unless his absence is by reason of his
entry into the 
22military service of the United States. The university shall 
23immediately upon the
expiration of 20 days after the beginning 
24of the semester or term notify
the State Board of Education
as 
25to the status of each
scholarship, who shall forthwith notify 
26the nominating member of any
nominee's failure to register or, 
 
 
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1if the nominating member has ceased to
be a member of the 
2General Assembly, shall notify the member or members
entitled 
3to make the nomination to fill the vacancy. All nominations to 
4unused
or unexpired scholarships, if made on or before June 1, 
52011, shall be effective as of the opening of the semester
or 
6term of the university during which they are made if they are 
7filed with
the university during the first half of the semester 
8or term, otherwise
they shall not be effective until the 
9opening of the next following
semester or term; provided that 
10no nomination to an unused or unexpired
scholarship is valid if 
11made after June 1, 2011, and an unused or unexpired
scholarship 
12shall be deemed to have lapsed by operation of law unless the

13nomination to that unused or unexpired scholarship is made on 
14or before June 1,
2011.

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






16 (105 ILCS 5/30-12) (from Ch. 122, par. 30-12)


17 Sec. 30-12. Failure to begin or discontinuance of course 
18because of military service. 
19 Any nominee, under Sections 30--9, 30--10, or 30--11, who 
20fails to begin
or discontinues his course of instruction 
21because of his entry into the
military service of the United 
22States, leaving all or a portion of the
scholarship unused, 
23may, upon completion of such service, use the
scholarship or 
24the unused portion thereof, regardless of whether or not the

25member of the General Assembly who nominated him is then a 
 
 
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1member; provided
that during the nominee's period of military 
2service no other person may be
nominated by such member to all 
3or any portion of such unused or unfinished
scholarship unless 
4the nomination is accompanied either by a release of the

5original nominee or if he is dead then an affidavit to that 
6effect by some
competent person and unless the nomination is 
7made on or before June 1,
2011.

8(Source: Laws 1961, p. 31.)