State of Illinois
90th General Assembly
Legislation

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90_SB0763enr

      110 ILCS 947/35
          Amends  the  Higher  Education  Student  Assistance  Act.
      Increases  the  maximum  monetary  award  program  grant  for
      full-time undergraduate students to $4,120 (from $4,000)  and
      for part-time undergraduate students to $2,060 (from $2,000).
      Effective July 1, 1997.
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 1        AN ACT relating to student financial assistance.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Higher Education Student  Assistance  Act
 5    is amended by adding Section 38 as follows:
 6        (110 ILCS 947/38 new)
 7        Sec.  38.  Monetary  award  program  accountability.  The
 8    Illinois Student Assistance Commission is directed to  assess
 9    the   educational   persistence  of  monetary  award  program
10    recipients.  An assessment under this Section  shall  include
11    an  analysis  of  such  factors  as undergraduate educational
12    goals, chosen field of study, retention rates,  and  expected
13    time to complete a degree.  The assessment also shall include
14    an analysis of the academic success of monetary award program
15    recipients  through  a  review of measures that are typically
16    associated  with  academic  success,  such  as  grade   point
17    average,  satisfactory  academic  progress,  and credit hours
18    earned.  Each analysis should take into consideration student
19    class  level,  dependency  types,  and  the  type  of  higher
20    education institution at which each  monetary  award  program
21    recipient  is  enrolled.   The  Commission  shall  report its
22    findings to the General Assembly  and  the  Board  of  Higher
23    Education  by  February  1,  1999  and at least every 2 years
24    thereafter.
25        Section 10.  The Real  Estate  License  Act  of  1983  is
26    amended by adding Sections 18.4 and 36.11a as follows:
27        (225 ILCS 455/18.4 new)
28        Sec.  18.4.   Disciplinary  action  for  educational loan
29    defaults.  The Commissioner of Banks and  Real  Estate  shall
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 1    deny  a  license  or  renewal authorized by this Article to a
 2    person  who  has  defaulted  on  an   educational   loan   or
 3    scholarship  provided  or  guaranteed by the Illinois Student
 4    Assistance Commission or  any  governmental  agency  of  this
 5    State;  however,  the  Commissioner  may  issue  a license or
 6    renewal  if  the  person  has  established   a   satisfactory
 7    repayment  record  as  determined  by  the  Illinois  Student
 8    Assistance   Commission  or  other  appropriate  governmental
 9    agency of this State.  Additionally, a license issued by  the
10    Commissioner may be suspended or revoked if the Commissioner,
11    after the opportunity for a hearing under this Article, finds
12    that  the  licensee has failed to make satisfactory repayment
13    to  the  Illinois  Student  Assistance   Commission   for   a
14    delinquent  or  defaulted  loan.   For  the  purposes of this
15    Section, "satisfactory repayment record" shall be defined  by
16    rule.
17        (225 ILCS 455/36.11a new)
18        Sec.  36.11a.   Disciplinary  action for educational loan
19    defaults.  The Commissioner of Banks and  Real  Estate  shall
20    deny   issuance   of   a  certificate,  license,  or  renewal
21    authorized by this Article to a person who has  defaulted  on
22    an  educational loan or scholarship provided or guaranteed by
23    the   Illinois   Student   Assistance   Commission   or   any
24    governmental agency of this State; however, the  Commissioner
25    may  issue  a  certificate, license, or renewal if the person
26    has established a satisfactory repayment record as determined
27    by  the  Illinois  Student  Assistance  Commission  or  other
28    appropriate governmental agency of this State.  Additionally,
29    a certificate or license issued by the  Commissioner  may  be
30    suspended   or   revoked   if  the  Commissioner,  after  the
31    opportunity for a hearing under this Article, finds that  the
32    certificate   holder   or   licensee   has   failed  to  make
33    satisfactory repayment to  the  Illinois  Student  Assistance
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 1    Commission  for  a  delinquent  or  defaulted  loan.  For the
 2    purposes of this  Section,  "satisfactory  repayment  record"
 3    shall be defined by rule.
 4        Section 15.  The Unemployment Insurance Act is amended by
 5    changing Section 1900 as follows:
 6        (820 ILCS 405/1900) (from Ch. 48, par. 640)
 7        Sec. 1900.  Disclosure of information.
 8        A.  Except  as  provided  in  this  Section,  information
 9    obtained  from  any  individual  or employing unit during the
10    administration of this Act shall:
11             1.  be confidential,
12             2.  not be published or open to public inspection,
13             3.  not be used in any court in any  pending  action
14        or proceeding,
15             4.  not  be  admissible in evidence in any action or
16        proceeding other than one arising out of this Act.
17        B.  No finding, determination, decision, ruling or  order
18    (including  any finding of fact, statement or conclusion made
19    therein) issued pursuant to this Act shall be  admissible  or
20    used  in evidence in any action other than one arising out of
21    this Act, nor shall it be binding  or  conclusive  except  as
22    provided  in  this Act, nor shall it constitute res judicata,
23    regardless of whether the actions were between  the  same  or
24    related parties or involved the same facts.
25        C.  Any  officer  or  employee  of this State who, except
26    with authority of the  Director  under  this  Section,  shall
27    disclose information shall be guilty of a Class B misdemeanor
28    and  shall  be  disqualified  from holding any appointment or
29    employment by the State.
30        D.  An individual or his duly  authorized  agent  may  be
31    supplied  with  information  from  records only to the extent
32    necessary for  the  proper  presentation  of  his  claim  for
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 1    benefits  or  with  his  existing  or  prospective  rights to
 2    benefits.  Discretion to disclose  this  information  belongs
 3    solely  to  the  Director  and is not subject to a release or
 4    waiver by the individual.
 5        E.  An employing unit may be furnished with  information,
 6    only  if  deemed by the Director as necessary to enable it to
 7    fully discharge its obligations or safeguard its rights under
 8    the Act.  Discretion to  disclose  this  information  belongs
 9    solely  to  the  Director  and is not subject to a release or
10    waiver by the employing unit.
11        F.  The Director may furnish any information that he  may
12    deem proper to any public officer or public agency of this or
13    any other State or of the federal government dealing with:
14             1.  the administration of relief,
15             2.  public assistance,
16             3.  unemployment compensation,
17             4.  a system of public employment offices,
18             5.  wages and hours of employment, or
19             6.  a public works program.
20        The   Director   may   make  available  to  the  Illinois
21    Industrial Commission information regarding employers for the
22    purpose of verifying the insurance  coverage  required  under
23    the  Workers'  Compensation  Act  and  Workers'  Occupational
24    Diseases Act.
25        G.  The  Director  may  disclose information submitted by
26    the State or any of  its  political  subdivisions,  municipal
27    corporations,   instrumentalities,  or  school  or  community
28    college districts, except for information which  specifically
29    identifies an individual claimant.
30        H.  The  Director  shall  disclose  only that information
31    required to be disclosed under  Section  303  of  the  Social
32    Security Act, as amended, including:
33             1.  any  information required to be given the United
34        States Department of Labor under Section 303(a)(6); and
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 1             2.  the making available upon request to any  agency
 2        of  the  United States charged with the administration of
 3        public works or assistance through public employment, the
 4        name, address, ordinary occupation and employment  status
 5        of  each  recipient  of  unemployment compensation, and a
 6        statement  of   such   recipient's   right   to   further
 7        compensation  under  such  law  as  required  by  Section
 8        303(a)(7); and
 9             3.  records   to  make  available  to  the  Railroad
10        Retirement Board as required by Section 303(c)(1); and
11             4.  information   that   will   assure    reasonable
12        cooperation  with  every  agency  of  the  United  States
13        charged  with  the  administration  of  any  unemployment
14        compensation law as required by Section 303(c)(2); and
15             5.  information  upon  request and on a reimbursable
16        basis to the United States Department of Agriculture  and
17        to any State food stamp agency concerning any information
18        required to be furnished by Section 303(d); and
19             6.  any  wage  information  upon  request  and  on a
20        reimbursable basis to any State or  local  child  support
21        enforcement agency required by Section 303(e); and
22             7.  any   information   required  under  the  income
23        eligibility  and  verification  system  as  required   by
24        Section 303(f); and
25             8.  information  that might be useful in locating an
26        absent parent or that parent's employer for  the  purpose
27        of  a child support enforcement program under Title IV of
28        the Social Security Act upon the request  of  the  public
29        agency  administering  the Federal Parent Locator Service
30        as required by Section 303(h); and
31             9.  information, upon request, to representatives of
32        any federal, State or local governmental  public  housing
33        agency  with  respect  to individuals who have signed the
34        appropriate consent form approved  by  the  Secretary  of
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 1        Housing and Urban Development and who are applying for or
 2        participating   in   any   housing   assistance   program
 3        administered  by  the United States Department of Housing
 4        and Urban Development as required by Section 303(i).
 5        I.  The Director, upon the request of a public agency  of
 6    Illinois,  of  the  federal  government or of any other state
 7    charged with the investigation or enforcement of Section 10-5
 8    of the Criminal Code of 1961 (or a  similar  federal  law  or
 9    similar  law of another State), may furnish the public agency
10    information regarding the individual specified in the request
11    as to:
12             1.  the current or most recent home address  of  the
13        individual, and
14             2.  the  names  and  addresses  of  the individual's
15        employers.
16        J.  Nothing in this Section shall be deemed to  interfere
17    with  the  disclosure  of  certain records as provided for in
18    Section 1706 or with the  right  to  make  available  to  the
19    Internal  Revenue  Service of the United States Department of
20    the Treasury, or the Department of Revenue of  the  State  of
21    Illinois, information obtained under this Act.
22        K.  The  Department  shall make available to the Illinois
23    Student  Assistance  State   Scholarship   Commission,   upon
24    request, information in the possession of the Department that
25    it  may  be  necessary  or  useful  to  the Commission in the
26    collection of defaulted or delinquent student loans which the
27    Commission administers, information limited to the names  and
28    addresses of a borrower's employers.
29        L.  The  Department  shall  make  available  to the State
30    Employees'  Retirement   System,   the   State   Universities
31    Retirement System, and the Teachers' Retirement System of the
32    State   of   Illinois,   upon  request,  information  in  the
33    possession of the Department that may be necessary or  useful
34    to  the  System  for  the  purpose of determining whether any
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 1    recipient  of  a  disability  benefit  from  the  System   is
 2    gainfully employed.
 3        M.  This  Section  shall be applicable to the information
 4    obtained  in  the  administration  of  the  State  employment
 5    service, except that the  Director  may  publish  or  release
 6    general  labor market information and may furnish information
 7    that he may deem proper to an individual, public  officer  or
 8    public  agency  of  this  or  any  other State or the federal
 9    government (in addition to those public  officers  or  public
10    agencies specified in this Section) as he prescribes by Rule.
11        N.  The  Director may require such safeguards as he deems
12    proper to insure that information disclosed pursuant to  this
13    Section  is  used  only  for  the  purposes set forth in this
14    Section.
15        O.  (Blank).
16        P.  Within 30 days  after  the  effective  date  of  this
17    amendatory   Act   of   1993  and  annually  thereafter,  the
18    Department shall  provide  to  the  Department  of  Financial
19    Institutions  a list of individuals or entities that, for the
20    most  recently  completed  calendar  year,  report   to   the
21    Department  as  paying  wages to workers.  The lists shall be
22    deemed confidential and may not be  disclosed  to  any  other
23    person.
24        Q.  The  Director  shall  make  available  to  an elected
25    federal official the name and address  of  an  individual  or
26    entity that is located within the jurisdiction from which the
27    official   was  elected  and  that,  for  the  most  recently
28    completed calendar year, has reported to  the  Department  as
29    paying  wages  to workers, where the information will be used
30    in connection with the official duties of  the  official  and
31    the  official requests the information in writing, specifying
32    the purposes for which it will be used. For purposes of  this
33    subsection,  the  use  of  information in connection with the
34    official duties of an official does not include  use  of  the
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 1    information   in   connection   with   the   solicitation  of
 2    contributions or expenditures, in money or in kind, to or  on
 3    behalf  of  a  candidate  for public or political office or a
 4    political party or with respect  to  a  public  question,  as
 5    defined in Section 1-3 of the Election Code, or in connection
 6    with   any  commercial  solicitation.   Any  elected  federal
 7    official who, in submitting a request for information covered
 8    by this subsection, knowingly  makes  a  false  statement  or
 9    fails  to disclose a material fact, with the intent to obtain
10    the  information  for  a  purpose  not  authorized  by   this
11    subsection, shall be guilty of a Class B misdemeanor.
12    (Source:  P.A.  88-435;  89-446,  eff.  2-8-96;  89-493, eff.
13    1-1-97.)
14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.

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