HB 4420

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Full Text of HB4420
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	HB4420 - 104th General Assembly
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		HB4420 Enrolled		LRB104 17839 LNS 31273 b
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 College Campus Press Act is amended by
5changing Sections 5, 10, 20, 25, and 35 as follows:
6    (110 ILCS 13/5)
7    Sec. 5. Definitions. For purposes of this Act:
8    "Campus media" means any matter that is prepared,
9substantially written, published, or broadcast by students at
10State-sponsored institutions of higher learning, that is
11distributed or generally made available, either free of charge
12or for a fee, to members of the student body, and that is
13prepared under the direction of a student media adviser.
14"Campus media" does not include media that is intended for
15distribution or transmission solely in the classrooms in which
16it is produced.
17    "Campus policy" means the views and positions of
18State-sponsored institutions of higher learning promulgated by
19administrators, officials, or other agents of these
20institutions.
21    "Collegiate media adviser" means a person who is employed,
22appointed, or designated by the State-sponsored institution of
23higher learning to supervise or provide instruction relating
		HB4420 Enrolled	- 2 -	LRB104 17839 LNS 31273 b
1to campus media.
2    "Collegiate student editor" means a student at a
3State-sponsored institution of higher learning who edits
4information prepared by collegiate student journalists for
5dissemination in campus media.
6    "Collegiate student journalist" means a student at a
7State-sponsored institution of higher learning who gathers,
8compiles, writes, photographs, records, or prepares
9information for dissemination in campus media.
10    "Prevailing party" includes any party who obtains some of
11his or her requested relief through judicial judgment in his
12or her favor, who obtains some of his or her requested relief
13through a settlement agreement approved by the court, or whose
14pursuit of a non-frivolous claim was a catalyst for a
15unilateral change in position by the opposing party relative
16to the relief sought.
17    "Public media produced at a State-sponsored institution of 
18higher learning" means media created and distributed in print 
19or audiovisual format that has been produced by an entity 
20receiving public funding and that has a license or other 
21agreement with a State-sponsored institution of higher 
22learning to use that institution's resources for the purposes 
23of creating or distributing the media for which the entity 
24receives public funding.
25    "State-sponsored institution of higher learning" means the
26University of Illinois, Southern Illinois University, Chicago
		HB4420 Enrolled	- 3 -	LRB104 17839 LNS 31273 b
1State University, Eastern Illinois University, Governors State
2University, Illinois State University, Northeastern Illinois
3University, Northern Illinois University, Western Illinois
4University, and public community colleges subject to the
5Public Community College Act.
6(Source: P.A. 95-580, eff. 6-1-08.)
7    (110 ILCS 13/10)
8    Sec. 10. Public forum.
9    (a) All campus media produced primarily by students at a
10State-sponsored institution of higher learning is a public
11forum for expression by the student journalists and editors at
12the particular institution. Campus media, whether
13campus-sponsored or noncampus-sponsored, is not subject to
14prior review by public officials of a State-sponsored
15institution of higher learning.
16    (b) All public media produced at a State-sponsored 
17institution of higher learning is a public forum for 
18expression by the employees producing the media, including 
19journalists and editors, at the institution of higher 
20learning. Public media produced at a State-sponsored 
21institution of higher learning is not subject to prior review 
22by public officials of the State-sponsored institution of 
23higher learning.
24(Source: P.A. 95-580, eff. 6-1-08.)
		HB4420 Enrolled	- 4 -	LRB104 17839 LNS 31273 b
1    (110 ILCS 13/20)
2    Sec. 20. Injunction and declaratory relief. A collegiate
3student enrolled in a State-sponsored institution of higher
4learning, [or] a collegiate media advisor of a State-sponsored
5institution of higher learning, or an employee or agent of an 
6entity creating or distributing public media produced at a 
7State-sponsored institution of higher learning may commence a
8civil action to obtain appropriate injunctive and declaratory
9relief as determined by a court for violation of Section 10 of
10this Act by such State-sponsored institution of higher
11learning. Upon motion, a court may award attorney's fees to a
12prevailing party in a civil action brought under this Section.
13(Source: P.A. 95-580, eff. 6-1-08.)
14    (110 ILCS 13/25)
15    Sec. 25. Campus policy and speech distinguished.
16Expression made by a collegiate student journalist, collegiate
17student editor, employee or agent of an entity creating or 
18distributing public media produced at a State-sponsored 
19institution of higher learning, or other contributor in campus
20media or public media produced at a State-sponsored 
21institution of higher learning is neither an expression of
22campus policy nor speech attributable to a State-sponsored
23institution of higher learning.
24(Source: P.A. 95-580, eff. 6-1-08.)
		HB4420 Enrolled	- 5 -	LRB104 17839 LNS 31273 b
1    (110 ILCS 13/35)
2    Sec. 35. Immunity. A State-sponsored institution of higher
3learning shall be immune from any lawsuit arising from
4expression actually made in campus media or public media 
5produced at a State-sponsored institution of higher learning,
6with the exception of the institution's own expression.
7(Source: P.A. 95-580, eff. 6-1-08.)