Public Act 90-0769 of the 90th General Assembly

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Public Act 90-0769

HB3749 Enrolled                                LRB9010604THpk

    AN ACT to amend the Higher Education  Student  Assistance
Act by changing Section 35.

    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 changing Section 35 as follows:

    (110 ILCS 947/35)
    Sec. 35. Monetary award program.
    (a)  The   Commission   shall,  each  year,  receive  and
consider  applications  for  grant  assistance   under   this
Section.   Subject  to  a  separate  appropriation  for  such
purposes,  an  applicant  is  eligible for a grant under this
Section when the Commission finds that the applicant:
         (1)  is a resident of this State and  a  citizen  or
    permanent resident of the United States; and
         (2)  in  the  absence  of  grant assistance, will be
    deterred by financial considerations from  completing  an
    educational  program  at the qualified institution of his
    or her choice.
    (b)  The Commission shall award renewals  only  upon  the
student's  application and upon the Commission's finding that
the applicant:
         (1)  has remained a student in good standing;
         (2)  remains a resident of this State; and
         (3)  is in a financial situation that  continues  to
    warrant assistance.
    (c)  All  grants  shall be applicable only to tuition and
necessary fee costs for 2  semesters  or  3  quarters  in  an
academic  year.   Requests for summer term assistance will be
made separately and shall  be  considered  on  an  individual
basis  according to Commission policy.  Subject to a separate
appropriation for this purpose  beginning  with  fiscal  year
2000,  each student who is awarded a grant under this Section
and is enrolled in summer school classes  shall  be  eligible
for  a  summer  school grant.  The summer school grant amount
shall not exceed the lesser of  50  percent  of  the  maximum
annual  grant amount authorized by this Section or the actual
cost of tuition and fees at  the  institution  at  which  the
student  is  enrolled  at  least  half-time.  For the regular
academic year, the The Commission shall determine  the  grant
amount  for each full-time and part-time student, which shall
be the smallest of the following amounts:
         (1)  $4,120  for  2  semesters  or  3  quarters   of
    full-time   undergraduate  enrollment  or  $2,060  for  2
    semesters  or  3  quarters  of  part-time   undergraduate
    enrollment, or such lesser amount as the Commission finds
    to be available; or
         (2)  the  amount  which  equals the 2 semesters or 3
    quarters  tuition  and  other  necessary  fees   required
    generally   by   the   institution   of   all   full-time
    undergraduate  students,  or  in  the  case  of part-time
    students an amount of tuition and fees for 2 semesters or
    3 quarters which shall not exceed one-half the amount  of
    tuition and necessary fees generally charged to full-time
    undergraduate students by the institution; or
         (3)  such  amount  as  the  Commission  finds  to be
    appropriate  in  view  of   the   applicant's   financial
"Tuition  and  other  necessary fees" as used in this Section
include the customary  charge  for  instruction  and  use  of
facilities  in general, and the additional fixed fees charged
for specified  purposes,  which  are  required  generally  of
nongrant  recipients  for  each academic period for which the
grant applicant actually enrolls, but  do  not  include  fees
payable  only  once  or  breakage  fees  and other contingent
deposits which are refundable  in  whole  or  in  part.   The
Commission  may prescribe, by rule not inconsistent with this
Section, detailed provisions concerning  the  computation  of
tuition and other necessary fees.
    (d)  No  applicant,  including  those presently receiving
scholarship  assistance  under  this  Act,  is  eligible  for
monetary award program consideration  under  this  Act  after
receiving  a  baccalaureate  degree  or  the equivalent of 10
semesters or 15 quarters of award payments.   The  Commission
shall  determine when award payments for part-time enrollment
or interim or summer terms shall  be  counted  as  a  partial
semester or quarter of payment.
    (e)  The  Commission, in determining the number of grants
to be offered, shall take into consideration past  experience
with  the  rate  of grant funds unclaimed by recipients.  The
Commission shall notify applicants that grant  assistance  is
contingent upon the availability of appropriated funds.
    (f)  The   Commission   may  request  appropriations  for
deposit into the Monetary Award Program Reserve Fund.  Monies
deposited into the Monetary Award Program Reserve Fund may be
expended exclusively for one purpose: to make Monetary  Award
Program  grants  to eligible students.  Amounts on deposit in
the Monetary Award Program Reserve Fund may not exceed 2%  of
the current annual State appropriation for the Monetary Award
    The purpose of the Monetary Award Program Reserve Fund is
to enable the Commission each year to assure as many students
as possible of their eligibility for a Monetary Award Program
grant  and to do so before commencement of the academic year.
Moneys deposited in this Reserve Fund are intended to enhance
the Commission's management of the  Monetary  Award  Program,
minimizing   the   necessity,  magnitude,  and  frequency  of
adjusting award amounts and ensuring that the annual Monetary
Award Program appropriation can be fully utilized.
    (g)  The Commission shall determine  the  eligibility  of
and   make   grants   to  applicants  enrolled  at  qualified
for-profit institutions in accordance with the  criteria  set
forth   in  this  Section.   The  eligibility  of  applicants
enrolled at such for-profit institutions shall be limited  as
         (1)  Beginning  with the academic year 1997, only to
    eligible  first-time  freshmen  and  first-time  transfer
    students who have attained an associate degree.
         (2)  Beginning with the academic year 1998, only  to
    eligible  freshmen  students,  transfer students who have
    attained an associate degree, and students who receive  a
    grant  under paragraph (1) for the academic year 1997 and
    whose grants are being  renewed  for  the  academic  year
         (3)  Beginning  with  the academic year 1999, to all
    eligible students.
(Source: P.A. 89-163, eff.  7-19-95;  89-330,  eff.  8-17-95;
89-512,  eff.  7-11-96;  89-626,  eff.  8-9-96;  90-122, eff.

    Section 99.  Effective date.  This Act takes effect  July
1, 1998.

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