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92_HB4037ham001 LRB9211882ACcdam 1 AMENDMENT TO HOUSE BILL 4037 2 AMENDMENT NO. . Amend House Bill 4037 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Higher Education Student Assistance Act 5 is amended by adding Section 65.70 as follows: 6 (110 ILCS 947/65.70 new) 7 Sec. 65.70. Optometric Education Scholarship Program. 8 (a) The General Assembly finds and declares that the 9 provision of graduate education leading to a doctoral degree 10 in optometry for persons of this State who desire such an 11 education is important to the health and welfare of this 12 State and Nation and, consequently, is an important public 13 purpose. Many qualified potential optometrists are deterred 14 by financial considerations from pursuing their optometric 15 education with consequent irreparable loss to the State and 16 Nation of talents vital to health and welfare. A program of 17 scholarships, repayment of which may be excused if the 18 individual practices professional optometry in this State, 19 will enable such individuals to attend qualified public or 20 private institutions of their choice in the State. 21 (b) Beginning with the 2003-2004 academic year, the 22 Commission shall, each year, consider applications for -2- LRB9211882ACcdam 1 scholarship assistance under this Section. An applicant is 2 eligible for a scholarship under this Section if the 3 Commission finds that the applicant is: 4 (1) a United States citizen or eligible noncitizen; 5 (2) a resident of Illinois; and 6 (3) enrolled on a full-time basis in a public or 7 private college of optometry located in this State that 8 awards a doctorate degree in optometry and is approved by 9 the Department of Professional Regulation. 10 (c) Each year the Commission shall award 10 scholarships 11 under this Section among applicants qualified pursuant to 12 subsection (b). Two of these scholarships each shall be 13 awarded to eligible applicants enrolled in their first year, 14 second year, third year, and fourth year. The remaining 2 15 scholarships shall be awarded to any level of student. The 16 Commission shall receive funding for the scholarships through 17 appropriations from the Optometric Licensing and Disciplinary 18 Board Fund. If in any year the number of qualified applicants 19 exceeds the number of scholarships to be awarded, the 20 Commission shall give priority in awarding scholarships to 21 students demonstrating exceptional merit and who are in 22 financial need. A scholarship shall be in the amount of 23 $5,000 each year applicable to tuition and fees. 24 (d) The total amount of scholarship assistance awarded 25 by the Commission under this Section to an individual in any 26 given fiscal year, when added to other financial assistance 27 awarded to that individual for that year, shall not exceed 28 the cost of attendance at the institution at which the 29 student is enrolled. 30 (e) A recipient may receive up to 8 semesters or 12 31 quarters of scholarship assistance under this Section. 32 (f) Subject to a separate appropriation made for such 33 purposes, payment of any scholarship awarded under this 34 Section shall be determined by the Commission. All -3- LRB9211882ACcdam 1 scholarship funds distributed in accordance with this Section 2 shall be paid to the institution on behalf of the recipients. 3 Scholarship funds are applicable toward 2 semesters or 3 4 quarters of enrollment within an academic year. 5 (g) The Commission shall administer the Optometric 6 Education Scholarship Program established by this Section and 7 shall make all necessary and proper rules not inconsistent 8 with this Section for its effective implementation. 9 (h) Prior to receiving scholarship assistance for any 10 academic year, each recipient of a scholarship awarded under 11 this Section shall be required by the Commission to sign an 12 agreement under which the recipient pledges that, within the 13 one-year period following the termination of the academic 14 program for which the recipient was awarded a scholarship, 15 the recipient shall practice in this State as a licensed 16 optometrist under the Illinois Optometric Practice Act of 17 1987 for a period of not less than one year for each year of 18 scholarship assistance awarded under this Section. Each 19 recipient shall, upon request of the Commission, provide the 20 Commission with evidence that he or she is fulfilling or has 21 fulfilled the terms of the practice agreement provided for in 22 this subsection. 23 (i) If a recipient of a scholarship awarded under this 24 Section fails to fulfill the practice obligation set forth in 25 subsection (h) of this Section, the Commission shall require 26 the recipient to repay the amount of the scholarships 27 received, prorated according to the fraction of the 28 obligation not completed, plus interest at a rate of 5% and, 29 if applicable, reasonable collection fees. The Commission is 30 authorized to establish rules relating to its collection 31 activities for repayment of scholarships under this Section. 32 (j) A recipient of a scholarship awarded by the 33 Commission under this Section shall not be in violation of 34 the agreement entered into pursuant to subsection (h) if the -4- LRB9211882ACcdam 1 recipient (i) is serving as a member of the armed services of 2 the United States; (ii) is enrolled in a residency program 3 following graduation at an approved institution; (iii) is 4 temporarily totally disabled, as established by sworn 5 affidavit of a qualified physician; or (iii) cannot fulfill 6 the employment obligation due to his or her death, 7 disability, or incompetency, as established by sworn 8 affidavit of a qualified physician. No claim for repayment 9 may be filed against the estate of such a decedent or 10 incompetent. Any extension of the period during which the 11 employment requirement must be fulfilled shall be subject to 12 limitations of duration as established by the Commission. 13 Section 10 The Illinois Optometric Practice Act of 1987 14 is amended by changing Section 20 as follows: 15 (225 ILCS 80/20) (from Ch. 111, par. 3920) 16 (Section scheduled to be repealed on January 1, 2007) 17 Sec. 20. Fund. All moneys received by the Department 18 pursuant to this Act shall be deposited in the Optometric 19 Licensing and Disciplinary Board Fund, which is hereby 20 created as a special fund in the State Treasury, and shall be 21 usedonlyfor the administration of this Act, including: (a) 22 by the Board in the exercise of its powers and performance of 23 its duties, as such use is made by the Department with full 24 consideration of all recommendations of the Board; (b) for 25 costs directly related to license renewal of persons licensed 26 under this Act; and (c) for direct and allocable indirect 27 costs related to the public purposes of the Department of 28 Professional Regulation. Subject to appropriation, moneys in 29 the Optometric Licensing and Disciplinary Board Fund may be 30 used for the Optometric Education Scholarship Program 31 administered by the Illinois Student Assistance Commission 32 pursuant to Section 65.70 of the Higher Education Student -5- LRB9211882ACcdam 1 Assistance Act. 2 Moneys in the Fund may be transferred to the Professions 3 Indirect Cost Fund as authorized under Section 2105-300 of 4 the Department of Professional Regulation Law (20 ILCS 5 2105/2105-300). 6 Money in the Optometric Licensing and Disciplinary Board 7 Fund may be invested and reinvested, with all earnings 8 received from such investment to be deposited in the 9 Optometric Licensing and Disciplinary Board Fund and used for 10 the same purposes as fees deposited in such fund. 11 Any monies in the Optometric Examining and Disciplinary 12 Board Fund on the effective date of this Act shall be 13 transferred to the Optometric Licensing and Disciplinary 14 Board Fund. 15 Any obligations of the Optometric Examining and 16 Disciplinary Board Fund unpaid on the effective date of this 17 Act shall be paid from the Optometric Licensing and 18 Disciplinary Board Fund. 19 (Source: P.A. 91-239, eff. 1-1-00.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.".