Full Text of HB4463 98th General Assembly
HB4463ham001 98TH GENERAL ASSEMBLY | Rep. Renée Kosel Filed: 4/7/2014
| | 09800HB4463ham001 | | LRB098 15325 RPM 58304 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4463
| 2 | | AMENDMENT NO. ______. Amend House Bill 4463 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Higher Education Student Assistance Act is | 5 | | amended by changing Sections 35 and 70 as follows:
| 6 | | (110 ILCS 947/35)
| 7 | | Sec. 35. Monetary award program.
| 8 | | (a) The Commission shall, each year, receive and consider | 9 | | applications
for grant assistance under this Section. Subject | 10 | | to a separate
appropriation for such purposes, an applicant is | 11 | | eligible for a grant under
this Section when the Commission | 12 | | finds that the applicant:
| 13 | | (1) is a resident of this State and a citizen or | 14 | | permanent resident
of the United States; and
| 15 | | (2) in the absence of grant assistance, will be | 16 | | deterred by
financial considerations from completing an |
| | | 09800HB4463ham001 | - 2 - | LRB098 15325 RPM 58304 a |
|
| 1 | | educational program at the
qualified institution of his or | 2 | | her choice.
| 3 | | (b) The Commission shall award renewals only upon the | 4 | | student's application
and upon the Commission's finding that | 5 | | the applicant:
| 6 | | (1) has remained a student in good standing , in | 7 | | accordance with the institution's academic policy adopted | 8 | | in compliance with subsection (b-5) of this Section ;
| 9 | | (2) remains a resident of this State; and
| 10 | | (3) is in a financial situation that continues to | 11 | | warrant assistance.
| 12 | | (b-5) Qualified institutions participating in the Monetary | 13 | | Award Program must adopt standards related to grant recipients' | 14 | | academic achievement and progress towards a degree. These | 15 | | standards must be at least as strict as those applied to | 16 | | students who are not recipients of grant aid under this | 17 | | Section. Each institution shall annually provide to the | 18 | | Commission a copy of the institution's policy outlining these | 19 | | academic standards and, if the policy is revised, shall provide | 20 | | the revised policy to the Commission. | 21 | | (c) All grants shall be applicable only to tuition and | 22 | | necessary fee costs. The Commission shall determine the grant
| 23 | | amount for each student, which shall not exceed the smallest of
| 24 | | the following amounts:
| 25 | | (1) subject to appropriation, $5,468 for fiscal year | 26 | | 2009, $5,968 for fiscal year 2010, and $6,468 for fiscal |
| | | 09800HB4463ham001 | - 3 - | LRB098 15325 RPM 58304 a |
|
| 1 | | year 2011 and each fiscal year thereafter, or such lesser | 2 | | amount as
the Commission finds to be available, during an | 3 | | academic year;
| 4 | | (2) the amount which equals 2 semesters or 3 quarters | 5 | | tuition
and other necessary fees required generally by the | 6 | | institution of all
full-time undergraduate students; or
| 7 | | (3) such amount as the Commission finds to be | 8 | | appropriate in view of
the applicant's financial | 9 | | resources.
| 10 | | Subject to appropriation, the maximum grant amount for | 11 | | students not subject to subdivision (1) of this subsection (c) | 12 | | must be increased by the same percentage as any increase made | 13 | | by law to the maximum grant amount under subdivision (1) of | 14 | | this subsection (c). | 15 | | "Tuition and other necessary fees" as used in this Section | 16 | | include the
customary charge for instruction and use of | 17 | | facilities in general, and the
additional fixed fees charged | 18 | | for specified purposes, which are required
generally of | 19 | | nongrant recipients for each academic period for which the | 20 | | grant
applicant actually enrolls, but do not include fees | 21 | | payable only once or
breakage fees and other contingent | 22 | | deposits which are refundable in whole or in
part. The | 23 | | Commission may prescribe, by rule not inconsistent with this
| 24 | | Section, detailed provisions concerning the computation of | 25 | | tuition and other
necessary fees.
| 26 | | (d) No applicant, including those presently receiving |
| | | 09800HB4463ham001 | - 4 - | LRB098 15325 RPM 58304 a |
|
| 1 | | scholarship
assistance under this Act, is eligible for monetary | 2 | | award program
consideration under this Act after receiving a | 3 | | baccalaureate degree or
the equivalent of 135 semester credit | 4 | | hours of award payments.
| 5 | | (e) The Commission, in determining the number of grants to | 6 | | be offered,
shall take into consideration past experience with | 7 | | the rate of grant funds
unclaimed by recipients. The Commission | 8 | | shall notify applicants that grant
assistance is contingent | 9 | | upon the availability of appropriated funds.
| 10 | | (f) The Commission may request appropriations for deposit | 11 | | into the
Monetary Award Program Reserve Fund. Monies deposited | 12 | | into the Monetary Award
Program Reserve Fund may be expended | 13 | | exclusively for one purpose: to make
Monetary Award Program | 14 | | grants to eligible students. Amounts on deposit in the
Monetary | 15 | | Award Program Reserve Fund may not exceed 2% of the current | 16 | | annual
State appropriation for the Monetary Award Program.
| 17 | | The purpose of the Monetary Award Program Reserve Fund is | 18 | | to enable the
Commission each year to assure as many students | 19 | | as possible of their
eligibility for a Monetary Award Program | 20 | | grant and to do so before commencement
of the academic year. | 21 | | Moneys deposited in this Reserve Fund are intended to
enhance | 22 | | the Commission's management of the Monetary Award Program, | 23 | | minimizing
the necessity, magnitude, and frequency of | 24 | | adjusting award amounts and ensuring
that the annual Monetary | 25 | | Award Program appropriation can be fully utilized.
| 26 | | (g) The Commission shall determine the eligibility of and |
| | | 09800HB4463ham001 | - 5 - | LRB098 15325 RPM 58304 a |
|
| 1 | | make grants to
applicants enrolled at qualified for-profit | 2 | | institutions in accordance with the
criteria set forth in this | 3 | | Section. The eligibility of applicants enrolled at
such | 4 | | for-profit institutions shall be limited as follows:
| 5 | | (1) Beginning with the academic year 1997, only to | 6 | | eligible first-time
freshmen and
first-time transfer | 7 | | students who have attained an associate degree.
| 8 | | (2) Beginning with the academic year 1998, only to | 9 | | eligible freshmen
students,
transfer students who have | 10 | | attained an associate degree, and students who
receive a | 11 | | grant under paragraph (1) for the academic year 1997 and | 12 | | whose grants
are being renewed for the academic year 1998.
| 13 | | (3) Beginning with the academic year 1999, to all | 14 | | eligible students.
| 15 | | (Source: P.A. 95-917, eff. 8-26-08 .)
| 16 | | (110 ILCS 947/70)
| 17 | | Sec. 70. Administration of scholarship and grant programs.
| 18 | | (a) An applicant to whom the Commission has awarded a | 19 | | scholarship or
grant under this Act may apply for enrollment as | 20 | | a student in any
qualified institution of higher learning. The | 21 | | institution is not required to
accept the applicant for | 22 | | enrollment, but is free to exact compliance with its
own | 23 | | admissions requirements, standards, and policies. The | 24 | | institution may
receive the payments of tuition and other | 25 | | necessary fees provided by the
scholarship or grant, for credit |
| | | 09800HB4463ham001 | - 6 - | LRB098 15325 RPM 58304 a |
|
| 1 | | against the student's obligation for such
tuition and fees, and | 2 | | for no other purpose, and shall be contractually
obligated:
| 3 | | (1) to provide facilities and instruction to the | 4 | | student on the
same terms as to other students generally;
| 5 | | (2) to provide the notices and information described in | 6 | | this Act; and
to maintain records and documents which | 7 | | demonstrate the eligibility of the
students for whom | 8 | | scholarships and grants are claimed.
| 9 | | (b) If, in the course of any academic period, any student | 10 | | enrolled in
any institution pursuant to a scholarship or grant | 11 | | awarded under this Act
for any reason ceases to be a student in | 12 | | good standing, the institution shall
promptly give written | 13 | | notice to the Commission concerning that change of status
and | 14 | | the reason therefor. For purposes of this Section, a student | 15 | | does not cease
to be a student in good standing merely because | 16 | | he or she is not classified as
a full-time student.
| 17 | | (c) A student to whom a renewal scholarship or grant has | 18 | | been awarded
may either re-enroll in the institution which he | 19 | | or she attended during the
preceding year, or enroll in any | 20 | | other qualified institution of higher
learning; and in either | 21 | | event, the institution accepting the student for
enrollment or | 22 | | re-enrollment shall notify the Commission of
that acceptance | 23 | | and may receive payments and shall be contractually
obligated | 24 | | as provided with respect to a first-year scholarship or grant.
| 25 | | (d) The Commission shall administer the scholarship and | 26 | | grant accounts
and related records of each student who is |
| | | 09800HB4463ham001 | - 7 - | LRB098 15325 RPM 58304 a |
|
| 1 | | attending an institution of
higher learning under financial | 2 | | assistance awarded pursuant to this Act,
and at each proper | 3 | | time shall certify to the State Comptroller, in the manner
| 4 | | prescribed by law, the current payment to be made to the | 5 | | institution on account
of such financial assistance, in | 6 | | accordance with an appropriate certificate
from the | 7 | | institution. The Commission may require the participating | 8 | | institution
of higher learning to perform specific eligibility | 9 | | evaluation procedures as a
condition of participation.
| 10 | | (e) The Commission shall conduct on-site audits of | 11 | | educational
institutions participating in Commission | 12 | | administered programs. When
institutions have claimed and | 13 | | received funds on behalf of ineligible
recipients, the | 14 | | Commission may adjust subsequent institutional payments to
| 15 | | recover those funds.
| 16 | | (f) The Commission may, upon the request of any institution
| 17 | | which
received payment for scholarship and grant awards for | 18 | | each of the last 5
years, certify to the Comptroller an advance | 19 | | payment for the current term
to be made to the institution on | 20 | | account of such financial assistance in an
amount not to exceed | 21 | | 75% of announced awards for the institution for such
financial | 22 | | assistance for the current term, adjusted for attrition over | 23 | | the
last 5 years. For the purposes of this Section, "attrition" | 24 | | is the number
of announced award winners enrolled on the 10th | 25 | | class day as a percentage
of the total announced awards. The | 26 | | request for an advance payment for the
current term shall not |
| | | 09800HB4463ham001 | - 8 - | LRB098 15325 RPM 58304 a |
|
| 1 | | be submitted until 10 class days after the last day
for | 2 | | registration for that term. Upon appropriate certification | 3 | | from the
institution presented for each payment period, after | 4 | | the standard tuition
and mandatory fees have been established | 5 | | for all students for the term of
payment and the award | 6 | | recipient has enrolled, the Commission shall certify
to the | 7 | | State Comptroller the balance of the current payment to be made | 8 | | to
the institution on account of such financial assistance. If | 9 | | an advance
payment received by an institution exceeds the | 10 | | payment to which that
institution is entitled, the Commission | 11 | | shall reduce subsequent payments
to that institution for later | 12 | | terms within the same academic year as the
overpayment by an | 13 | | amount equal to the overpayment; if the reduction cannot
be | 14 | | made, the institution shall refund the overpayment to the | 15 | | Commission.
The Commission may deny or reduce the advance | 16 | | payment provided to any
institution under this Section if it | 17 | | has reason to believe that the advance
payment for the current | 18 | | term may exceed the full payment the institution is
entitled to | 19 | | receive for such assistance for that term.
| 20 | | (g) If an institution of higher learning has credible | 21 | | information indicating that funds awarded by the Commission | 22 | | were falsely or fraudulently acquired, then the institution | 23 | | shall immediately report such information to the Commission | 24 | | and, as needed, to the proper law enforcement agency or | 25 | | prosecutor. | 26 | | (Source: P.A. 92-713, eff. 7-23-02.)
|
| | | 09800HB4463ham001 | - 9 - | LRB098 15325 RPM 58304 a |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|