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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3006 Introduced 2/4/2020, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
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Amends the Board of Higher Education Act, the Public Community College Act, and the Higher Education Student Assistance Act. Increases the membership of the Board of Higher Education and makes other changes to the Board's membership. Provides that the Board may require the elimination of any program of instruction, research, or public service at a public university that exhibits a trend of low performance. Provides that, in evaluating a programmatic expansion or new program at a public institution of higher education, the Board, prior to approving the expansion or program, shall make certain findings about the region and the higher education infrastructure in this State. Provides that all of the rights, powers, duties, and functions vested by law in the Illinois Community College Board and the Illinois Student Assistance Commission are transferred to the Board of Higher Education on January 1, 2021. Abolishes the Illinois Community College Board and the Illinois Student Assistance Commission and provides for the transfer of personnel and property on that date.
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning higher education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Board of Higher Education Act is amended by |
5 | | changing Sections 2, 3, 4, and 7 and by adding Sections 5.5 and |
6 | | 9.39 as follows:
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7 | | (110 ILCS 205/2) (from Ch. 144, par. 182)
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8 | | Sec. 2. Board of Higher Education. |
9 | | (a) There is created a Board of Higher Education to consist |
10 | | of 15 16
members as follows: |
11 | | (1) 13 10 members appointed by the Governor, by and |
12 | | with
the advice and consent of the Senate . No less than 6 |
13 | | of the members appointed under this subsection shall |
14 | | represent public universities and no less than 6 members |
15 | | shall represent public community colleges. Of the 13 |
16 | | members, one member shall be a faculty member of a public |
17 | | university in this State, one member shall be a faculty |
18 | | member of a private college or university in this State, |
19 | | one member shall be faculty member of a public community |
20 | | college in this State, and one member shall represent the |
21 | | views of non-traditional students and shall be at least 24 |
22 | | years old. The members under this subsection shall be |
23 | | residents of this State and shall be selected, as far as |
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1 | | practicable, on the basis of their knowledge of or interest |
2 | | or experience in problems of higher education. If the |
3 | | Senate is not in session or is in recess when appointments |
4 | | subject to its confirmation are made, the Governor shall |
5 | | make temporary appointments that shall be subject to |
6 | | subsequent Senate approval. ; one member of a public |
7 | | university
governing board, appointed by the Governor |
8 | | without the advice and consent of
the Senate; one member of |
9 | | a private college or university board of trustees,
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10 | | appointed by the Governor without the advice and consent of |
11 | | the Senate; the
chairman of the Illinois Community College |
12 | | Board; the
chairman of the Illinois Student Assistance |
13 | | Commission; and |
14 | | (2) Two nonvoting members who are students and are 2 |
15 | | student members
selected by an the recognized advisory |
16 | | committee of students of the Board of
Higher Education, one |
17 | | of whom must be a student at a public university and the |
18 | | other a student at a public community college a |
19 | | non-traditional undergraduate student who is at least 24 |
20 | | years old and represents the views of non-traditional |
21 | | students, such as a person who is employed or is a parent. |
22 | | One of the 10 members appointed
by the Governor, by and |
23 | | with the advice and consent of the Senate, must be a
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24 | | faculty member at an Illinois public university. |
25 | | Subject to a requirement that Board members in office on |
26 | | the effective date of this amendatory Act of the 101st General |
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1 | | Assembly may serve the full term to which they were appointed, |
2 | | the appointment of Board members to terms that commence on or |
3 | | after the effective date of this amendatory Act of the 101st |
4 | | General Assembly shall be made in a manner that gives effect at |
5 | | the earliest possible time to the change that is required by |
6 | | this amendatory Act of the 101st General Assembly in the |
7 | | representative composition of the Board's membership. Student |
8 | | members in office on the effective date of this amendatory Act |
9 | | of the 101st General Assembly may serve the full term to which |
10 | | they were selected, and the selection of student members to |
11 | | terms that commence on or after the effective date of this |
12 | | amendatory Act of the 101st General Assembly shall be made in a |
13 | | manner that gives effect at the earliest possible time to the |
14 | | change that is required by this amendatory Act of the 101st |
15 | | General Assembly in the representative composition of the |
16 | | student membership. |
17 | | (b) The Governor shall
designate the
Chairman of the Board |
18 | | to
serve until a successor is designated.
No more than 6 7 of |
19 | | the members appointed by the Governor, excluding the
Chairman, |
20 | | shall be affiliated
with the same political party. The 10 |
21 | | members appointed by
the Governor with the advice and
consent |
22 | | of the Senate shall be citizens of the State and shall be
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23 | | selected, as far as may be practicable, on the basis of their |
24 | | knowledge
of, or interest or experience in, problems of higher |
25 | | education. If the
Senate is not in session or is in recess, |
26 | | when appointments subject to
its confirmation are made, the |
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1 | | Governor shall make temporary
appointments which shall be |
2 | | subject to subsequent Senate approval.
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3 | | (Source: P.A. 100-167, eff. 1-1-18 .)
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4 | | (110 ILCS 205/3) (from Ch. 144, par. 183)
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5 | | Sec. 3. Terms; vacancies.
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6 | | (a) The members of the Board whose appointments are subject |
7 | | to
confirmation by the Senate shall be selected for 6-year |
8 | | terms expiring on
January 31 of odd numbered years.
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9 | | (b) The members of the Board shall continue to serve after |
10 | | the
expiration of their terms until their successors have been |
11 | | appointed.
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12 | | (c) Vacancies on the Board in offices appointed by the |
13 | | Governor shall be
filled by appointment by the Governor for the |
14 | | unexpired term. If the
appointment is subject to Senate |
15 | | confirmation and the Senate is not in
session or is in recess |
16 | | when the appointment is made, the appointee shall
serve subject |
17 | | to subsequent Senate approval of the appointment.
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18 | | (d) Each student member shall serve a term of one year |
19 | | beginning on July
1 of each year.
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20 | | (e) The member of the Board representing public university |
21 | | governing
boards and the member of the Board representing |
22 | | private college and university
boards of trustees, who are |
23 | | appointed by the Governor before the effective date of this |
24 | | amendatory Act of the 101st General Assembly but are not |
25 | | subject to
confirmation by the Senate, shall serve terms of one |
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1 | | year beginning on July 1.
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2 | | (Source: P.A. 100-167, eff. 1-1-18 .)
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3 | | (110 ILCS 205/4) (from Ch. 144, par. 184)
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4 | | Sec. 4. The Board shall hold regular meetings at times |
5 | | specified in its
rules. Special
or additional meetings may be |
6 | | held on call of the Chairman, or upon a call
signed by at least |
7 | | 6 members, or upon call of the Governor. Eight members of the |
8 | | Board shall constitute a quorum at all its meetings,
but the |
9 | | approval of a new unit of instruction, research, or public |
10 | | service
for a public institution of higher education, as |
11 | | provided
in Section 7 shall require the concurrence of a |
12 | | majority of all the members
of the Board.
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13 | | The Chairmen of the Illinois Community College Board and |
14 | | the Illinois
Student Assistance Commission holding membership |
15 | | on the Board each may
designate an alternate to attend any |
16 | | meeting of the Board, and an alternate so
designated shall have |
17 | | all rights and privileges of regular membership while
acting |
18 | | for the Chairman who has so designated him or her.
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19 | | The Board may employ and fix the compensation of |
20 | | professional and clerical
staff and other assistants, |
21 | | including specialists and consultants, as it
may deem |
22 | | necessary, on a full or part time basis.
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23 | | (Source: P.A. 94-905, eff. 1-1-07.)
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24 | | (110 ILCS 205/5.5 new) |
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1 | | Sec. 5.5. Transfer of powers from the Illinois Community |
2 | | College Board and Illinois Student Assistance Commission. |
3 | | (a) All of the rights, powers, duties, and functions vested |
4 | | by law in the
Illinois Community College Board or the Illinois |
5 | | Student Assistance Commission or in
any office, council, |
6 | | committee, division, or bureau of the Illinois Community |
7 | | College Board or the Illinois Student Assistance Commission are |
8 | | transferred to the Board of Higher Education on January 1, |
9 | | 2021. |
10 | | (b) Personnel employed by the Illinois Community College |
11 | | Board or the Illinois Student Assistance Commission on December |
12 | | 31, 2020 are transferred to the Board of Higher Education on |
13 | | January 1, 2021. |
14 | | The Board of Higher Education shall continue in effect all |
15 | | collective bargaining agreements in existence on December 31, |
16 | | 2020 between the Illinois Community College Board or the |
17 | | Illinois Student Assistance Commission and labor organizations |
18 | | representing personnel of the Illinois Community College Board |
19 | | or the Illinois Student Assistance Commission, respectively, |
20 | | and the Board of Higher Education shall continue to recognize |
21 | | these labor organizations as the exclusive bargaining |
22 | | representatives for the personnel, pursuant to the Illinois |
23 | | Educational Labor Relations Act or the Illinois Public Labor |
24 | | Relations Act. |
25 | | The rights of State employees, the State, and its agencies |
26 | | under the Personnel Code and applicable collective bargaining |
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1 | | agreements and retirement plans are not affected by
this |
2 | | subsection. |
3 | | (c) All books, records, documents, property (real and |
4 | | personal), unexpended
appropriations, including both obligated |
5 | | and unobligated appropriations, and pending business |
6 | | pertaining to the rights, powers, duties, and functions |
7 | | transferred to the Board of Higher Education under this Section |
8 | | shall be transferred and delivered to the Board of Higher |
9 | | Education on January 1, 2021, unless otherwise directed by the |
10 | | Governor. The Board of Higher Education is the successor agency |
11 | | of the Illinois Community College Board and the Illinois |
12 | | Student Assistance Commission for purposes of Section 9b of the |
13 | | State Finance Act and
the Successor Agency Act. |
14 | | (d) The rules, standards, and procedures of the Illinois |
15 | | Community College Board or the Illinois Student Assistance |
16 | | Commission that are in effect on December 31, 2020 and pertain |
17 | | to the rights, powers, duties, and functions transferred to the |
18 | | Board of Higher Education under this Section shall become the |
19 | | rules, standards, and procedures of the Board of Higher |
20 | | Education on January 1, 2021 and shall continue in effect until |
21 | | amended or repealed by the Board of Higher Education. |
22 | | Any rules pertaining to the rights, powers, duties, and |
23 | | functions transferred to the Board of Higher Education under |
24 | | this Section that have been proposed by the Illinois Community |
25 | | College Board or the Illinois Student Assistance Commission but |
26 | | have not taken effect
or been finally adopted or on before |
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1 | | December 31, 2020 shall become proposed rules of the Board of |
2 | | Higher Education on January 1, 2021, and any rulemaking |
3 | | procedures that have already been completed by the Illinois |
4 | | Community College Board or the Illinois Student Assistance |
5 | | Commission for those proposed rules need not be repeated. |
6 | | (e) The rights, powers, duties, and functions transferred |
7 | | to the Board of Higher Education under this Section shall be |
8 | | vested in and exercised by the Board of Higher Education, |
9 | | subject to the provisions of this Section. An act done by the |
10 | | Board of Higher Education or an officer, employee, or agent of |
11 | | the Board of Higher Education in the exercise of the |
12 | | transferred rights, powers, duties, or functions shall have the |
13 | | same legal effect as if done by the Illinois Community College |
14 | | Board or the Illinois Student Assistance Commission or an
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15 | | officer, employee, or agent of the Illinois Community College |
16 | | Board or the Illinois Student Assistance Commission. |
17 | | The transfer of rights, powers, duties, and functions to |
18 | | the Board of Higher Education under this Section does not |
19 | | invalidate any previous actions taken by or in respect to the |
20 | | Illinois Community College Board or the Illinois Student |
21 | | Assistance Commission or its officers, employees, or agents. |
22 | | On January 1, 2021, references to the Illinois Community |
23 | | College Board or the Illinois Student Assistance Commission or |
24 | | its officers, employees, or agents in any document, contract, |
25 | | agreement, or law (other than this Section, Section 2-1 of the |
26 | | Public Community College Act, and Section 15 of the Higher |
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1 | | Education Student Assistance Act) shall, in appropriate |
2 | | contexts, be deemed to refer to the Board of Higher Education |
3 | | or its officers, employees, or agents. |
4 | | The transfer of rights, powers, duties, and functions to |
5 | | the Board of Higher Education under this Section does not |
6 | | affect any person's rights, obligations, or duties, including |
7 | | any civil or criminal penalties applicable thereto, arising out |
8 | | of those transferred rights, powers, duties, and functions.
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9 | | (110 ILCS 205/7) (from Ch. 144, par. 187)
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10 | | Sec. 7.
The Board of Trustees of the University of |
11 | | Illinois, the Board of
Trustees of Southern Illinois |
12 | | University,
the Board of Trustees of Chicago State University, |
13 | | the Board of Trustees of
Eastern Illinois University, the Board |
14 | | of Trustees of Governors State
University, the Board of |
15 | | Trustees of Illinois State University, the Board of
Trustees of |
16 | | Northeastern Illinois University, the Board of Trustees of |
17 | | Northern
Illinois University, the Board of Trustees of Western |
18 | | Illinois University,
the Illinois Community College Board and |
19 | | the campuses under their governance
or supervision shall not |
20 | | hereafter undertake the establishment of any new
unit of |
21 | | instruction, research, or public service without the approval |
22 | | of the
Board. The term "new unit of instruction, research, or |
23 | | public service"
includes the establishment of a college, |
24 | | school, division, institute,
department, or other unit in any |
25 | | field of instruction, research, or public
service not |
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1 | | theretofore included in the program of the institution, and
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2 | | includes the establishment of any new branch or campus. The |
3 | | term does not
include reasonable and moderate extensions of |
4 | | existing curricula, research,
or public service programs which |
5 | | have a direct relationship to existing
programs; and the Board |
6 | | may, under its rulemaking power, define the
character of such |
7 | | reasonable and moderate extensions.
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8 | | Such governing boards shall submit to the Board all |
9 | | proposals for a new
unit of instruction, research, or public |
10 | | service. The Board may approve or
disapprove the proposal in |
11 | | whole or in part or approve modifications
thereof whenever in |
12 | | its judgment such action is consistent with the
objectives of |
13 | | an existing or proposed master plan of higher education.
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14 | | The Board of Higher Education is authorized to review |
15 | | periodically all
existing programs of instruction, research, |
16 | | and public service at the State
universities and colleges and |
17 | | to advise the appropriate board of control if
the contribution |
18 | | of each program is not educationally and economically
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19 | | justified. Each State university shall report annually to the |
20 | | Board on programs of instruction, research, or public service |
21 | | that have been terminated, dissolved, reduced, or consolidated |
22 | | by the university. Each State university shall also report to |
23 | | the Board all programs of instruction, research, and public |
24 | | service that exhibit a trend of low performance in enrollments, |
25 | | degree completions, and high expense per degree. The Board may |
26 | | require the elimination of any program of instruction, |
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1 | | research, or public service at a State university that exhibits |
2 | | a trend of low performance. The Board shall compile an annual |
3 | | report that shall contain information on new programs created, |
4 | | existing programs that have been closed , eliminated, or |
5 | | consolidated, and programs that exhibit low performance or |
6 | | productivity. The report must be submitted to the General |
7 | | Assembly. The Board shall have the authority to define relevant |
8 | | terms and timelines by rule with respect to this reporting.
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9 | | (Source: P.A. 101-81, eff. 7-12-19.)
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10 | | (110 ILCS 205/9.39 new) |
11 | | Sec. 9.39. Evaluation of programmatic expansions and new |
12 | | programs. In evaluating programmatic expansions and new |
13 | | programs at public institutions of higher education, the Board, |
14 | | prior to approving such expansions or new programs, shall make |
15 | | the following findings: |
16 | | (1) that such an expansion or new program is meeting an |
17 | | unmet need in that region of the State or serving an |
18 | | unserved or underserved population; |
19 | | (2) in cases in which subdivision (1) cannot be |
20 | | satisfied, that a market-demand analysis has been |
21 | | performed to rationally justify that growth opportunity in |
22 | | the area will be forthcoming in the immediate future; |
23 | | (3) that the institution has the ability, if so |
24 | | approved, to offer a quality program at a price point that |
25 | | is cheaper for students than existing options elsewhere in |
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1 | | the area; and |
2 | | (4) that the opening of such a program does not |
3 | | negatively impact the optimal efficiency of the existing |
4 | | higher education infrastructure in this State.
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5 | | Section 10. The Public Community College Act is amended by |
6 | | changing Section 2-1 as follows:
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7 | | (110 ILCS 805/2-1) (from Ch. 122, par. 102-1)
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8 | | Sec. 2-1. Illinois Community College Board; abolition. |
9 | | (a) There is created the Illinois Community College Board
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10 | | hereinafter referred to as the "State Board". The State Board |
11 | | shall
consist of 12 members as follows: a nonvoting student |
12 | | member selected by
the recognized advisory committee of |
13 | | students of the Illinois Community
College Board, this student |
14 | | to serve for a term of one year beginning on
July 1 of each |
15 | | year, except that the student member initially selected
shall |
16 | | serve a term beginning on the date of such selection and |
17 | | expiring on
the next succeeding June 30, and except that any |
18 | | student member or former
student member may be selected by the |
19 | | recognized advisory committee of
students of the State Board to |
20 | | serve a second term as the nonvoting student
member of the |
21 | | State Board; and 11 members, one of whom shall be a senior
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22 | | citizen age 60 or over, to be appointed by the Governor by and |
23 | | with the
advice and consent of the Senate. Beginning on July 1, |
24 | | 2005, one of the 11 members appointed by the Governor, by and |
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1 | | with the advice and consent of the Senate, must be a faculty |
2 | | member at an Illinois public community college. Also beginning |
3 | | on July 1, 2005, one of the 11 members appointed by the |
4 | | Governor, by and with the advice and consent of the Senate, |
5 | | must be a member of the board of trustees of a public community |
6 | | college district. After the effective date of this amendatory |
7 | | Act of the 97th General Assembly, one of the 11 members to be |
8 | | appointed by the Governor, by and with the advice and consent |
9 | | of the Senate, must be the president of a public community |
10 | | college, the Chancellor of City Colleges of Chicago (Community |
11 | | College District No. 508), or the Chief Executive Officer of |
12 | | Illinois Eastern Community Colleges (Community College |
13 | | District No. 529). The membership requirements set forth in |
14 | | this Section apply only to the State Board and shall have no |
15 | | effect on the membership of the board of trustees of a |
16 | | community college district. The members first appointed under |
17 | | this
amendatory Act of 1984 shall serve for a term of 6 years. |
18 | | After the
expiration of the terms of the office of the members |
19 | | first appointed to the
State Board, their respective successors |
20 | | shall hold office for a term of 6
years and until their |
21 | | successors are qualified and seated. In the event of
vacancies |
22 | | on the State Board in offices appointed by the Governor |
23 | | occurring
during a recess of the Senate, the Governor shall |
24 | | have the power to make
temporary appointments until the next |
25 | | meeting of the Senate, when the
vacancy shall be filled by |
26 | | nomination to be confirmed by the Senate.
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1 | | (b) On January 1, 2021, the State Board is abolished and
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2 | | the terms of all members end. Except for references in this
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3 | | Section, beginning on January 1, 2021, references in this Act
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4 | | to the Illinois Community College Board shall, in appropriate
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5 | | contexts, be deemed to refer to the Board of Higher Education. |
6 | | (Source: P.A. 97-1106, eff. 8-27-12.)
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7 | | (110 ILCS 805/2-2 rep.) |
8 | | (110 ILCS 805/2-3 rep.) |
9 | | (110 ILCS 805/2-5 rep.) |
10 | | (110 ILCS 805/2-8 rep.) |
11 | | (110 ILCS 805/2-9 rep.) |
12 | | Section 15. The Public Community College Act is amended by |
13 | | repealing Sections 2-2, 2-3, 2-5, 2-8, and 2-9.
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14 | | Section 20. The Higher Education Student Assistance Act is |
15 | | amended by changing Section 15 as follows:
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16 | | (110 ILCS 947/15)
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17 | | Sec. 15. Illinois Student Assistance Commission ; |
18 | | abolition .
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19 | | (a) There is established the Illinois Student Assistance |
20 | | Commission,
consisting of 10 persons to be appointed by the |
21 | | Governor with the
advice and
consent of the Senate. The |
22 | | membership of the Commission shall consist of one
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23 | | representative of the institutions of higher learning
operated |
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1 | | by the State; one representative of the private institutions of
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2 | | higher learning located in the State; one representative of the |
3 | | public
community colleges located in the State; one |
4 | | representative of the public
high schools located in the State; |
5 | | 5 citizens of the State chosen for
their knowledge of and |
6 | | interest in higher education, but not employed
by, |
7 | | professionally affiliated with, or members of the governing |
8 | | boards
of any institution of higher learning located in the |
9 | | State, and one
student member selected from nominations |
10 | | submitted to the Governor by
multi-campus student |
11 | | organizations, including but not limited to, the recognized |
12 | | advisory committee of students of the Illinois Community |
13 | | College Board, the
recognized advisory committee of students of |
14 | | the Board of Higher Education, and
the recognized advisory |
15 | | committee of students of the Federation of Independent
Illinois |
16 | | Colleges and Universities. The Governor shall designate one |
17 | | member,
other than the student member, as chairman. Each member |
18 | | of the Commission,
including the student member, shall serve |
19 | | without compensation, but shall be
reimbursed for expenses |
20 | | necessarily incurred in performing his or her duties
under this |
21 | | Act. Subject to a requirement that Commission members in office
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22 | | on the
effective date of this amendatory Act of 1995 may serve |
23 | | the full term to
which they were appointed, the appointment of |
24 | | Commission members to terms that
commence on or after that |
25 | | effective date shall be made in a manner that gives
effect at |
26 | | the earliest possible time to the change that is required by |
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1 | | this
amendatory Act in the representative
composition of the |
2 | | Commission's membership.
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3 | | (b) The term of office of each member, other than the |
4 | | student
member, is 6 years from July 1 of the year of |
5 | | appointment, and until his
successor is appointed and |
6 | | qualified. If a member's tenure of office,
other than that of |
7 | | the student member, is terminated for any reason
before his or |
8 | | her term has expired, the Governor shall fill the vacancy by |
9 | | the
appointment of a person who has the same representative |
10 | | status as the
person whose term has been so terminated, and the |
11 | | new appointee shall
hold office only for the remainder of that |
12 | | term and until a successor
is appointed and qualified.
The term |
13 | | of the student member shall be for 2 years from July 1 of each
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14 | | odd-numbered year. If the tenure of the student member is |
15 | | terminated for any
reason, the vacancy shall be filled in the |
16 | | same manner as heretofore provided
for a regular term of office |
17 | | appointment of the student member. The new
student appointee |
18 | | shall hold office only for the remainder of that term. A |
19 | | student appointee's status on the Commission may not be |
20 | | considered in determining his or her eligibility for programs |
21 | | administered by the Commission.
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22 | | (c) Before the effective date of this amendatory Act of the |
23 | | 101st General Assembly, in In accordance with the provisions of |
24 | | the State Universities Civil
Service Act, the Commission shall |
25 | | employ a professionally qualified person as
the Executive |
26 | | Director of the Commission, and such other employees as may be
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1 | | necessary to effectuate the purposes of this Act. Beginning on |
2 | | the effective date of this amendatory Act of the 101st General |
3 | | Assembly, to effectuate the purposes of this Act and in |
4 | | accordance with the State Universities Civil Service Act, the |
5 | | Board of Higher Education shall employ a professionally |
6 | | qualified person as an executive officer and such employees as |
7 | | may be necessary.
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8 | | (d) The Commission shall meet at least once in each fiscal |
9 | | year, and
may meet at other times which the Chairman may |
10 | | designate by giving at
least 10 days' written notice to each |
11 | | member.
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12 | | (e) On January 1, 2021, the Commission is abolished and the
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13 | | terms of all members end. Except for references in this
|
14 | | Section, beginning on January 1, 2021, references in this Act
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15 | | to the Illinois Student Assistance Commission shall, in |
16 | | appropriate
contexts, be deemed to refer to the Board of Higher |
17 | | Education. |
18 | | (Source: P.A. 99-198, eff. 7-30-15.)
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| | | SB3006 | - 18 - | LRB101 17679 CMG 67106 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
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