State of Illinois
92nd General Assembly
Legislation

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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    used  only for 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.".

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