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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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