State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]


92_HB4037

 
                                               LRB9211882NTsb

 1        AN ACT concerning higher education student assistance.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Optometric Education Scholarship Act.

 6        Section  5.  Legislative  finding  and   declaration   of
 7    policy.  The  General  Assembly  finds  and declares that the
 8    provision of graduate education leading to a doctoral  degree
 9    in  optometry  for  persons  of this State who desire such an
10    education is important to the  health  and  welfare  of  this
11    State  and  Nation  and  consequently  is an important public
12    purpose. Many qualified potential optometrists  are  deterred
13    by  financial  considerations  from pursuing their optometric
14    education with consequent irreparable loss to the  State  and
15    Nation  of  talents vital to health and welfare. A program of
16    scholarships, repayment  of  which  may  be  excused  if  the
17    individual  practices  professional  optometry in this State,
18    will enable such individuals to attend  qualified  public  or
19    private institutions of their choice in the State.

20        Section  10.  Definitions.  In  this  Act,  the following
21    terms have the following meanings, unless the context clearly
22    indicates otherwise:
23        "Academic year" means the period of time from September 1
24    of one year through August 31 of the next year.
25        "Approved institution" means a public or private  college
26    of  optometry  located  in  this  State  and  approved by the
27    Department of Professional Regulation.
28        "Department" means the Department of Public Health.
29        "Enrollment" means the establishment and  maintenance  of
30    an   individual's   status   as  a  student  in  an  approved
 
                            -2-                LRB9211882NTsb
 1    institution, regardless of the terms used at the  institution
 2    to describe such status.

 3        Section 15. Functions of Department.
 4        (a)  The Department shall do all of the following:
 5             (1)  Prepare  and  supervise  the issuance of public
 6        information about the provisions of this Act.
 7             (2)  Prescribe the form and regulate the  submission
 8        of applications for scholarships under this Act.
 9             (3)  Determine the eligibility of applicants.
10             (4)  Award the appropriate scholarships.
11             (5)  Prescribe     the     contracts     or    other
12        acknowledgements  of  scholarship  assistance   that   an
13        applicant is required to execute.
14             (6)  Determine   whether  all  or  any  part  of  an
15        applicant's scholarship needs to be monetarily repaid  or
16        has  been  excused  from  repayment and the extent of any
17        repayment or excused repayment.
18        (b)  The Department may require a  scholarship  recipient
19    to  reimburse  the  State  for  expenses,  including  but not
20    limited to attorney's fees, incurred  by  the  Department  or
21    other  agent  of  the  State  for  a  successful legal action
22    against the recipient for a breach of any  provision  of  the
23    scholarship contract.
24        (c)  The  Department  is authorized to make all necessary
25    and proper rules, not inconsistent with  this  Act,  for  the
26    efficient  exercise  of the Department's functions under this
27    Act.

28        Section 20.  Optometric education scholarships.
29        (a)  The Department  shall  establish  and  administer  a
30    scholarship  program  under  this  Act.  Beginning  with  the
31    2003-2004  academic  year,  10 scholarships shall be provided
32    each year to qualified applicants  who  are  enrolled  in  an
 
                            -3-                LRB9211882NTsb
 1    approved   institution   awarding   a   doctorate  degree  in
 2    optometry. Two of these scholarships each shall be awarded to
 3    first  year,  second  year,  third  year,  and  fourth   year
 4    students.  The  remaining  2 scholarships shall be awarded to
 5    any level of student.  The  Department,  in  accordance  with
 6    rules  adopted  by  the  Department  for  this program, shall
 7    provide funding for the scholarships  through  appropriations
 8    from  the  Optometric  Licensing and Disciplinary Board Fund.
 9    Unless otherwise indicated, these scholarships shall be  good
10    for a period of one year.
11        (b)  The  Department  shall  designate  each  year's  new
12    scholarship   recipients  from  among  those  applicants  who
13    qualify for consideration by showing all of the following:
14             (1)  That he or she has  been  a  resident  of  this
15        State for at least one year prior to application and is a
16        citizen  or  a  lawful  permanent  resident  alien of the
17        United States.
18             (2)  Proof of enrollment or acceptance for admission
19        to an approved institution.
20             (3)  That  he  or  she  agrees  to   serve   as   an
21        optometrist  in  this State in accordance with Section 25
22        of this Act.
23        If in any year the number of qualified applicants exceeds
24    the number of scholarships  to  be  awarded,  the  Department
25    shall  give  priority in awarding scholarships to students in
26    financial need.  In determining the  financial  need  of  the
27    applicant,  the Department shall consider factors such as the
28    applicant's family income, the size of the applicant's family
29    and the number of other children in  the  applicant's  family
30    attending  college,  and whether the applicant is the head of
31    the household.

32        Section  25.  Optometric  requirements  for   scholarship
33    recipients.
 
                            -4-                LRB9211882NTsb
 1        (a)  Any  person who received a scholarship under Section
 2    20 of this Act must, during  the  7-year  period  immediately
 3    following his or her graduation from an approved institution,
 4    be employed in this State as a licensed optometrist under the
 5    Illinois  Optometric  Practice  Act of 1987, for at least one
 6    year  for  each  year  of  full-time  scholarship  assistance
 7    received. If the recipient spends up to 4 years  in  military
 8    service  after  he  or  she graduates, the period of military
 9    service shall be excluded from the computation of that 7-year
10    period. A recipient who is enrolled in  a  residency  program
11    following  graduation  at  an approved institution shall have
12    the period of residency study excluded from  the  computation
13    of  the  7-year period. Calendar years of required employment
14    shall be proportionally increased if employment is less  than
15    40 hours per week.
16        (b)  Any  person  who  fails  to  fulfill  the optometric
17    employment requirement shall pay to the Department an  amount
18    equal  to  the  amount of scholarship funds received per year
19    for  each  unfulfilled  year  of  the  optometric  employment
20    requirement, together with interest at 7%  per  year  on  the
21    unpaid  balance.  All  repayments  must be completed within 6
22    years  from  the  date  of  the  occurrence  initiating   the
23    repayment.  This obligation to repay, however, does not apply
24    if  the  failure  to  fulfill   the   optometric   employment
25    requirement results from involuntarily leaving the profession
26    due  to  the  scholarship  recipient's  death, disability, or
27    incompetency,  as  adjudicated  by  a  court.  No  claim  for
28    repayment may be filed against the estate of such a  decedent
29    or incompetent.
30        (c)  Each  person  applying  for  a  scholarship shall be
31    provided with a copy of this Section at the time  he  or  she
32    applies for the scholarship assistance.

33        Section  30.  Amount of scholarships. A scholarship shall
 
                            -5-                LRB9211882NTsb
 1    be for $ 5,000 per year for tuition and fees.  The  applicant
 2    may   receive   a  scholarship  for  4  academic  years.  The
 3    Department may  provide  that  scholarships  shall  be  on  a
 4    quarterly  or  semi-annual basis and shall be contingent upon
 5    the applicant's  diligently  pursuing  studies  and  being  a
 6    student in good standing.

 7        Section  35.  Advisory  board.  The  Illinois  Optometric
 8    Licensing   and  Disciplinary  Board  of  the  Department  of
 9    Professional  Regulation  shall   assist   and   advise   the
10    Department in the administration of this Act.

11        Section   40.  Student   enrollment  and  obligations  of
12    institutions.
13        (a)  An  approved  institution  is  free  to   accept   a
14    scholarship  applicant  in  compliance with the institution's
15    own admissions requirements,  standards,  and  policies.  The
16    Department  shall disburse any scholarship amount for tuition
17    and fees to the approved institution directly for the payment
18    of tuition and other necessary fees or for credit against the
19    student's  obligation  for  such  tuition  and  fees.    Upon
20    acceptance   of   the   scholarship   amount,   the  approved
21    institution shall be contractually obligated (i)  to  provide
22    facilities  and  instruction  to the scholarship recipient on
23    the same terms as to other students  generally  and  (ii)  to
24    provide   the  notices  and  information  described  in  this
25    Section.
26        (b)  If, in the course of any academic period, a  student
27    enrolled in an approved institution pursuant to a scholarship
28    received under this Act ceases for any reason to be a student
29    in good standing, the institution shall promptly give written
30    notice  to the Department concerning the change of status and
31    the reason for the change of status.
32        (c)  A student to whom a  renewal  scholarship  has  been
 
                            -6-                LRB9211882NTsb
 1    awarded  may  either  re-enroll in the institution that he or
 2    she attended during the preceding year or enroll in any other
 3    approved  institution.  In  either  event,  the   institution
 4    accepting  the  student  for such enrollment or re-enrollment
 5    shall notify the Department of the acceptance.

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