Bill Text: IL HB3941 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that after June 1, 2012 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, 2012. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 22-4)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3941 Detail]

Download: Illinois-2011-HB3941-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3941 Introduced , by Rep. Fred Crespo 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, 2012 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, 2012. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
30-9, 30-10, 30-11, and 30-12 as follows:
(105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
Sec. 30-9. General Assembly scholarship; conditions of
admission; award by competitive examination.
(a) The provisions of this subsection (a) are subject to
subsection (b). Each member of the General Assembly may
nominate annually 2 persons of school age and otherwise
eligible, from his district; each shall receive a certificate
of scholarship in any State supported university designated by
the member. Any member of the General Assembly in making
nominations under this Section may designate that his nominee
be granted a 4 year scholarship or may instead designate 2 or 4
nominees for that particular scholarship, each to receive a 2
year or a one year scholarship, respectively. The nominee, if a
graduate of a school accredited by the University to which
nominated, shall be admitted to the university on the same
conditions as to educational qualifications as are other
graduates of accredited schools. If the nominee is not a
graduate of a school accredited by the university to which

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nominated, he must, before being entitled to the benefits of
the scholarship, pass an examination given by the
superintendent of schools of the county where he resides at the
time stated in Section 30-7 for the competitive examination.
The president of each university shall prescribe the rules
governing the examination for scholarship to his university.
A member of the General Assembly may award the scholarship
by competitive examination conducted under like rules as
prescribed in Section 30-7 even though one or more of the
applicants are graduates of schools accredited by the
university.
A member of the General Assembly may delegate to the
Illinois Student Assistance Commission the authority to
nominate persons for General Assembly scholarships which that
member would otherwise be entitled to award, or may direct the
Commission to evaluate and make recommendations to the member
concerning candidates for such scholarships. In the event a
member delegates his nominating authority or directs the
Commission to evaluate and make recommendations concerning
candidates for General Assembly scholarships, the member shall
inform the Commission in writing of the criteria which he
wishes the Commission to apply in nominating or recommending
candidates. Those criteria may include some or all of the
criteria provided in Section 25 of the Higher Education Student
Assistance Act. A delegation of authority under this paragraph
may be revoked at any time by the member.

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Failure of a member of the General Assembly to make a
nomination in any year shall not cause that scholarship to
lapse, but the member may make a nomination for such
scholarship at any time thereafter through June 1, 2012; before
the expiration of his term, and the person so nominated shall
be entitled to the same benefits as holders of other
scholarships provided herein. Any such scholarship for which a
member has made no nomination on or before June 1, 2012 prior
to the expiration of the term for which he was elected shall
lapse upon the expiration of that term.
(b) After June 1, 2012 no person may be nominated to
receive any one-year, 2-year, 4-year, or other scholarship or
certificate of scholarship under this Section, nor may any such
scholarship be awarded under this Section after June 1, 2012
unless the person was nominated prior to that date to receive
that scholarship.
(Source: P.A. 93-349, eff. 7-24-03.)
(105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
Sec. 30-10. Filing nominations-Failure to accept or
pass-Second nomination. Nominations that are made , under
Section 30-9 on or before June 1, 2012 and that show , showing
the name and address of the nominee, and the term of the
scholarship, whether 4 years, 2 years or one year, must be
filed with the State Superintendent of Education not later than
the opening day of the semester or term with which the

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scholarship is to become effective. The State Superintendent of
Education shall forthwith notify the president of the
university of such nomination. No valid nomination to any
scholarship may be made under Section 30-9 after June 1, 2012.
If the nominee fails to accept the nomination or, not being
a graduate of a school accredited by the university, fails to
pass the examination for admission, the president of the
university shall at once notify the State Superintendent of
Education. Upon receiving such notification, the State
Superintendent of Education shall notify the nominating
member, who may, on or before, but not after June 1, 2012, name
another person for the scholarship. The second nomination must
be received by the State Superintendent of Education not later
than the middle of the semester or term with which the
scholarship was to have become effective under the original
nomination in order to become effective as of the opening date
of such semester or term otherwise it shall not become
effective until the beginning of the next semester or term
following the making of the second nomination; provided that
the second nomination must be made, if at all, on or before
June 1, 2012 or the scholarship shall be deemed to have lapsed
by operation of law. Upon receiving such notification of a
second nomination on or before June 1, 2012, the State
Superintendent of Education shall notify the president of the
university of such second nomination. If any person nominated
after the effective date of this amendatory Act of 1973 to

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receive a General Assembly scholarship changes his residence to
a location outside of the district from which he was nominated,
his nominating member may terminate that scholarship at the
conclusion of the college year in which he is then enrolled,
but after June 1, 2012 no person may be nominated to receive or
otherwise be awarded all or any part of the scholarship that is
unused or unexpired at the time the scholarship is so
terminated. For purposes of this paragraph, a person changes
his residence if he registers to vote in a location outside of
the district from which he was nominated, but does not change
his residence merely by taking off-campus housing or living in
a nonuniversity residence.
(Source: P.A. 93-349, eff. 7-24-03.)
(105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
Sec. 30-11. Failure to use scholarship - Further
nominations. If any nominee under Section 30-9 or 30-10
discontinues his course of instruction or fails to use the
scholarship, leaving 1, 2, 3, or 4 years thereof unused, the
member of the General Assembly may, except as otherwise
provided in this Article, nominate some other person eligible
under this Article from his district who shall be entitled to
the scholarship for the unexpired period thereof; provided that
the nomination for the unexpired period of the scholarship must
be made, if at all, on or before June 1, 2012 or such
nomination shall be invalid, and the scholarship and its

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unexpired period shall be deemed to have lapsed by operation of
law. Such appointment to an unexpired scholarship vacated
before July 1, 1961, may be made only by the member of the
General Assembly who made the original appointment and during
the time he is such a member. If a scholarship is vacated on or
after July 1, 1961, and the member of the General Assembly who
made the original appointment has ceased to be a member, some
eligible person may be nominated in the following manner to
fill the vacancy: If the original appointment was made by a
Senator, such nomination shall be made by the Senator from the
same district; if the original appointment was made by a
Representative, such nomination shall be made by the
Representative from the same district. Every nomination to fill
a vacancy must be made on or before June 1, 2012 and
accompanied either by a release of the original nominee or if
he is dead then an affidavit to that effect by some competent
person. The failure of a nominee to register at the university
within 20 days after the opening of any semester or term shall
be deemed a release by him of the nomination, unless he has
been granted a leave of absence in accordance with Section
30-14 or unless his absence is by reason of his entry into the
military service of the United States. The university shall
immediately upon the expiration of 20 days after the beginning
of the semester or term notify the State Board of Education as
to the status of each scholarship, who shall forthwith notify
the nominating member of any nominee's failure to register or,

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if the nominating member has ceased to be a member of the
General Assembly, shall notify the member or members entitled
to make the nomination to fill the vacancy. All nominations to
unused or unexpired scholarships, if made on or before June 1,
2012, shall be effective as of the opening of the semester or
term of the university during which they are made if they are
filed with the university during the first half of the semester
or term, otherwise they shall not be effective until the
opening of the next following semester or term; provided that
no nomination to an unused or unexpired scholarship is valid if
made after June 1, 2012, and an unused or unexpired scholarship
shall be deemed to have lapsed by operation of law unless the
nomination to that unused or unexpired scholarship is made on
or before June 1, 2012.
(Source: P.A. 93-349, eff. 7-24-03.)
(105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
Sec. 30-12. Failure to begin or discontinuance of course
because of military service.
Any nominee, under Sections 30--9, 30--10, or 30--11, who
fails to begin or discontinues his course of instruction
because of his entry into the military service of the United
States, leaving all or a portion of the scholarship unused,
may, upon completion of such service, use the scholarship or
the unused portion thereof, regardless of whether or not the
member of the General Assembly who nominated him is then a

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member; provided that during the nominee's period of military
service no other person may be nominated by such member to all
or any portion of such unused or unfinished scholarship unless
the nomination is accompanied either by a release of the
original nominee or if he is dead then an affidavit to that
effect by some competent person and unless the nomination is
made on or before June 1, 2012.
(Source: Laws 1961, p. 31.)