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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. LRB9001075THpk SB763 Enrolled LRB9001075THpk 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 SB763 Enrolled -2- LRB9001075THpk 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 SB763 Enrolled -3- LRB9001075THpk 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 SB763 Enrolled -4- LRB9001075THpk 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 SB763 Enrolled -5- LRB9001075THpk 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 SB763 Enrolled -6- LRB9001075THpk 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 AssistanceState ScholarshipCommission, upon 24 request, information in the possession of the Department that 25itmay 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 and28addresses 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 SB763 Enrolled -7- LRB9001075THpk 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 SB763 Enrolled -8- LRB9001075THpk 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.