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92nd General Assembly

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Public Act 92-0569

HB4037 Enrolled                                LRB9211882NTsb

    AN ACT concerning higher education student assistance.

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

    Section 5. The Higher Education Student Assistance Act is
amended by adding Section 65.70 as follows:

    (110 ILCS 947/65.70 new)
    Sec. 65.70.  Optometric Education Scholarship Program.
    (a)  The  General  Assembly  finds  and declares that the
provision of graduate education leading to a doctoral  degree
in  optometry  for  persons  of this State who desire such an
education is important to the  health  and  welfare  of  this
State  and  Nation  and, consequently, is an important public
purpose. Many qualified potential optometrists  are  deterred
by  financial  considerations  from pursuing their optometric
education with consequent irreparable loss to the  State  and
Nation  of  talents vital to health and welfare. A program of
scholarships, repayment  of  which  may  be  excused  if  the
individual  practices  professional  optometry in this State,
will enable such individuals to attend  qualified  public  or
private institutions of their choice in the State.
    (b)  Beginning  with  the  2003-2004  academic  year, the
Commission  shall,  each  year,  consider  applications   for
scholarship  assistance  under  this Section. An applicant is
eligible  for  a  scholarship  under  this  Section  if   the
Commission finds that the applicant is:
         (1)  a United States citizen or eligible noncitizen;
         (2)  a resident of Illinois; and
         (3)  enrolled  on  a  full-time basis in a public or
    private college of optometry located in this  State  that
    awards a doctorate degree in optometry and is approved by
    the Department of Professional Regulation.
    (c)  Each year the Commission shall award 10 scholarships
under  this  Section  among  applicants qualified pursuant to
subsection (b). Two  of  these  scholarships  each  shall  be
awarded  to eligible applicants enrolled in their first year,
second year, third year, and fourth  year.  The  remaining  2
scholarships  shall  be  awarded to any level of student. The
Commission shall receive funding for the scholarships through
appropriations from the Optometric Licensing and Disciplinary
Board Fund. If in any year the number of qualified applicants
exceeds  the  number  of  scholarships  to  be  awarded,  the
Commission shall give priority in  awarding  scholarships  to
students  demonstrating  exceptional  merit  and  who  are in
financial need. A scholarship  shall  be  in  the  amount  of
$5,000 each year applicable to tuition and fees.
    (d)  The  total  amount of scholarship assistance awarded
by the Commission under this Section to an individual in  any
given  fiscal  year, when added to other financial assistance
awarded to that individual for that year,  shall  not  exceed
the  cost  of  attendance  at  the  institution  at which the
student is enrolled.
    (e)  A recipient may receive up  to  8  semesters  or  12
quarters of scholarship assistance under this Section.
    (f)  Subject  to  a  separate appropriation made for such
purposes, payment  of  any  scholarship  awarded  under  this
Section   shall   be   determined   by  the  Commission.  All
scholarship funds distributed in accordance with this Section
shall be paid to the institution on behalf of the recipients.
Scholarship funds are applicable  toward  2  semesters  or  3
quarters of enrollment within an academic year.
    (g)  The   Commission  shall  administer  the  Optometric
Education Scholarship Program established by this Section and
shall make all necessary and proper  rules  not  inconsistent
with this Section for its effective implementation.
    (h)  Prior  to  receiving  scholarship assistance for any
academic year, each recipient of a scholarship awarded  under
this  Section  shall be required by the Commission to sign an
agreement under which the recipient pledges that, within  the
one-year  period  following  the  termination of the academic
program for which the recipient was  awarded  a  scholarship,
the  recipient  shall  practice  in  this State as a licensed
optometrist under the Illinois  Optometric  Practice  Act  of
1987  for a period of not less than one year for each year of
scholarship  assistance  awarded  under  this  Section.  Each
recipient shall, upon request of the Commission, provide  the
Commission  with evidence that he or she is fulfilling or has
fulfilled the terms of the practice agreement provided for in
this subsection.
    (i)  If a recipient of a scholarship awarded  under  this
Section fails to fulfill the practice obligation set forth in
subsection  (h) of this Section, the Commission shall require
the  recipient  to  repay  the  amount  of  the  scholarships
received,  prorated  according  to  the   fraction   of   the
obligation  not completed, plus interest at a rate of 5% and,
if applicable, reasonable collection fees. The Commission  is
authorized  to  establish  rules  relating  to its collection
activities for repayment of scholarships under this Section.
    (j)  A  recipient  of  a  scholarship  awarded   by   the
Commission  under  this  Section shall not be in violation of
the agreement entered into pursuant to subsection (h) if  the
recipient (i) is serving as a member of the armed services of
the  United  States;  (ii) is enrolled in a residency program
following graduation at an  approved  institution;  (iii)  is
temporarily   totally   disabled,  as  established  by  sworn
affidavit of a qualified physician; or (iii)  cannot  fulfill
the   employment   obligation   due  to  his  or  her  death,
disability,  or  incompetency,  as   established   by   sworn
affidavit  of  a  qualified physician. No claim for repayment
may be filed  against  the  estate  of  such  a  decedent  or
incompetent.  Any  extension  of  the period during which the
employment requirement must be fulfilled shall be subject  to
limitations of duration as established by the Commission.

    Section 10.  The Illinois Optometric Practice Act of 1987
is amended by changing Section 20 as follows:

    (225 ILCS 80/20) (from Ch. 111, par. 3920)
    (Section scheduled to be repealed on January 1, 2007)
    Sec.  20.   Fund.   All moneys received by the Department
pursuant to this Act shall be  deposited  in  the  Optometric
Licensing  and  Disciplinary  Board  Fund,  which  is  hereby
created as a special fund in the State Treasury, and shall be
used  only for the administration of this Act, including: (a)
by the Board in the exercise of its powers and performance of
its duties, as such use is made by the Department  with  full
consideration  of  all  recommendations of the Board; (b) for
costs directly related to license renewal of persons licensed
under this Act; and (c) for  direct  and  allocable  indirect
costs  related  to  the  public purposes of the Department of
Professional Regulation.  Subject to appropriation, moneys in
the Optometric Licensing and Disciplinary Board Fund  may  be
used   for   the  Optometric  Education  Scholarship  Program
administered by the Illinois  Student  Assistance  Commission
pursuant  to  Section  65.70  of the Higher Education Student
Assistance Act.
    Moneys in the Fund may be transferred to the  Professions
Indirect  Cost  Fund  as authorized under Section 2105-300 of
the  Department  of  Professional  Regulation  Law  (20  ILCS
2105/2105-300).
    Money in the Optometric Licensing and Disciplinary  Board
Fund  may  be  invested  and  reinvested,  with  all earnings
received  from  such  investment  to  be  deposited  in   the
Optometric Licensing and Disciplinary Board Fund and used for
the same purposes as fees deposited in such fund.
    Any  monies  in the Optometric Examining and Disciplinary
Board Fund on  the  effective  date  of  this  Act  shall  be
transferred  to  the  Optometric  Licensing  and Disciplinary
Board Fund.
    Any  obligations  of   the   Optometric   Examining   and
Disciplinary  Board Fund unpaid on the effective date of this
Act  shall  be  paid  from  the  Optometric   Licensing   and
Disciplinary Board Fund.
(Source: P.A. 91-239, eff. 1-1-00.)

    Section  99.  Effective  date. This Act takes effect upon
becoming law.
    Passed in the General Assembly May 07, 2002.
    Approved June 26, 2002.
    Effective June 26, 2002.

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