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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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