Bill Amendment: IL SB3138 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HIGHER ED-IDENTITY-PRIVATE

Status: 2018-08-14 - Public Act . . . . . . . . . 100-0887 [SB3138 Detail]

Download: Illinois-2017-SB3138-Senate_Amendment_001.html

Sen. Scott M. Bennett

Filed: 4/6/2018

10000SB3138sam001LRB100 19604 AXK 37636 a
1
AMENDMENT TO SENATE BILL 3138
2 AMENDMENT NO. ______. Amend Senate Bill 3138 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 100-512 and
8100-517)
9 Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12 (a) All information determined to be confidential
13 under Section 4002 of the Technology Advancement and
14 Development Act.
15 (b) Library circulation and order records identifying
16 library users with specific materials under the Library

10000SB3138sam001- 2 -LRB100 19604 AXK 37636 a
1 Records Confidentiality Act.
2 (c) Applications, related documents, and medical
3 records received by the Experimental Organ Transplantation
4 Procedures Board and any and all documents or other records
5 prepared by the Experimental Organ Transplantation
6 Procedures Board or its staff relating to applications it
7 has received.
8 (d) Information and records held by the Department of
9 Public Health and its authorized representatives relating
10 to known or suspected cases of sexually transmissible
11 disease or any information the disclosure of which is
12 restricted under the Illinois Sexually Transmissible
13 Disease Control Act.
14 (e) Information the disclosure of which is exempted
15 under Section 30 of the Radon Industry Licensing Act.
16 (f) Firm performance evaluations under Section 55 of
17 the Architectural, Engineering, and Land Surveying
18 Qualifications Based Selection Act.
19 (g) Information the disclosure of which is restricted
20 and exempted under Section 50 of the Illinois Prepaid
21 Tuition Act.
22 (h) Information the disclosure of which is exempted
23 under the State Officials and Employees Ethics Act, and
24 records of any lawfully created State or local inspector
25 general's office that would be exempt if created or
26 obtained by an Executive Inspector General's office under

10000SB3138sam001- 3 -LRB100 19604 AXK 37636 a
1 that Act.
2 (i) Information contained in a local emergency energy
3 plan submitted to a municipality in accordance with a local
4 emergency energy plan ordinance that is adopted under
5 Section 11-21.5-5 of the Illinois Municipal Code.
6 (j) Information and data concerning the distribution
7 of surcharge moneys collected and remitted by carriers
8 under the Emergency Telephone System Act.
9 (k) Law enforcement officer identification information
10 or driver identification information compiled by a law
11 enforcement agency or the Department of Transportation
12 under Section 11-212 of the Illinois Vehicle Code.
13 (l) Records and information provided to a residential
14 health care facility resident sexual assault and death
15 review team or the Executive Council under the Abuse
16 Prevention Review Team Act.
17 (m) Information provided to the predatory lending
18 database created pursuant to Article 3 of the Residential
19 Real Property Disclosure Act, except to the extent
20 authorized under that Article.
21 (n) Defense budgets and petitions for certification of
22 compensation and expenses for court appointed trial
23 counsel as provided under Sections 10 and 15 of the Capital
24 Crimes Litigation Act. This subsection (n) shall apply
25 until the conclusion of the trial of the case, even if the
26 prosecution chooses not to pursue the death penalty prior

10000SB3138sam001- 4 -LRB100 19604 AXK 37636 a
1 to trial or sentencing.
2 (o) Information that is prohibited from being
3 disclosed under Section 4 of the Illinois Health and
4 Hazardous Substances Registry Act.
5 (p) Security portions of system safety program plans,
6 investigation reports, surveys, schedules, lists, data, or
7 information compiled, collected, or prepared by or for the
8 Regional Transportation Authority under Section 2.11 of
9 the Regional Transportation Authority Act or the St. Clair
10 County Transit District under the Bi-State Transit Safety
11 Act.
12 (q) Information prohibited from being disclosed by the
13 Personnel Records Review Act.
14 (r) Information prohibited from being disclosed by the
15 Illinois School Student Records Act.
16 (s) Information the disclosure of which is restricted
17 under Section 5-108 of the Public Utilities Act.
18 (t) All identified or deidentified health information
19 in the form of health data or medical records contained in,
20 stored in, submitted to, transferred by, or released from
21 the Illinois Health Information Exchange, and identified
22 or deidentified health information in the form of health
23 data and medical records of the Illinois Health Information
24 Exchange in the possession of the Illinois Health
25 Information Exchange Authority due to its administration
26 of the Illinois Health Information Exchange. The terms

10000SB3138sam001- 5 -LRB100 19604 AXK 37636 a
1 "identified" and "deidentified" shall be given the same
2 meaning as in the Health Insurance Portability and
3 Accountability Act of 1996, Public Law 104-191, or any
4 subsequent amendments thereto, and any regulations
5 promulgated thereunder.
6 (u) Records and information provided to an independent
7 team of experts under Brian's Law.
8 (v) Names and information of people who have applied
9 for or received Firearm Owner's Identification Cards under
10 the Firearm Owners Identification Card Act or applied for
11 or received a concealed carry license under the Firearm
12 Concealed Carry Act, unless otherwise authorized by the
13 Firearm Concealed Carry Act; and databases under the
14 Firearm Concealed Carry Act, records of the Concealed Carry
15 Licensing Review Board under the Firearm Concealed Carry
16 Act, and law enforcement agency objections under the
17 Firearm Concealed Carry Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including

10000SB3138sam001- 6 -LRB100 19604 AXK 37636 a
1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of an
4 eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) (ff) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.

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1 (hh) (ff) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) (ff) Information which is exempted from
4 disclosure under Section 2505-800 of the Department of
5 Revenue Law of the Civil Administrative Code of Illinois.
6 (ll) Information that is exempt from disclosure under
7 Section 70 of the Higher Education Student Assistance Act.
8(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
9eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1099-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
11100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
128-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
13 (Text of Section after amendment by P.A. 100-517 but before
14amendment by P.A. 100-512)
15 Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be exempt
17from inspection and copying:
18 (a) All information determined to be confidential
19 under Section 4002 of the Technology Advancement and
20 Development Act.
21 (b) Library circulation and order records identifying
22 library users with specific materials under the Library
23 Records Confidentiality Act.
24 (c) Applications, related documents, and medical
25 records received by the Experimental Organ Transplantation

10000SB3138sam001- 8 -LRB100 19604 AXK 37636 a
1 Procedures Board and any and all documents or other records
2 prepared by the Experimental Organ Transplantation
3 Procedures Board or its staff relating to applications it
4 has received.
5 (d) Information and records held by the Department of
6 Public Health and its authorized representatives relating
7 to known or suspected cases of sexually transmissible
8 disease or any information the disclosure of which is
9 restricted under the Illinois Sexually Transmissible
10 Disease Control Act.
11 (e) Information the disclosure of which is exempted
12 under Section 30 of the Radon Industry Licensing Act.
13 (f) Firm performance evaluations under Section 55 of
14 the Architectural, Engineering, and Land Surveying
15 Qualifications Based Selection Act.
16 (g) Information the disclosure of which is restricted
17 and exempted under Section 50 of the Illinois Prepaid
18 Tuition Act.
19 (h) Information the disclosure of which is exempted
20 under the State Officials and Employees Ethics Act, and
21 records of any lawfully created State or local inspector
22 general's office that would be exempt if created or
23 obtained by an Executive Inspector General's office under
24 that Act.
25 (i) Information contained in a local emergency energy
26 plan submitted to a municipality in accordance with a local

10000SB3138sam001- 9 -LRB100 19604 AXK 37636 a
1 emergency energy plan ordinance that is adopted under
2 Section 11-21.5-5 of the Illinois Municipal Code.
3 (j) Information and data concerning the distribution
4 of surcharge moneys collected and remitted by carriers
5 under the Emergency Telephone System Act.
6 (k) Law enforcement officer identification information
7 or driver identification information compiled by a law
8 enforcement agency or the Department of Transportation
9 under Section 11-212 of the Illinois Vehicle Code.
10 (l) Records and information provided to a residential
11 health care facility resident sexual assault and death
12 review team or the Executive Council under the Abuse
13 Prevention Review Team Act.
14 (m) Information provided to the predatory lending
15 database created pursuant to Article 3 of the Residential
16 Real Property Disclosure Act, except to the extent
17 authorized under that Article.
18 (n) Defense budgets and petitions for certification of
19 compensation and expenses for court appointed trial
20 counsel as provided under Sections 10 and 15 of the Capital
21 Crimes Litigation Act. This subsection (n) shall apply
22 until the conclusion of the trial of the case, even if the
23 prosecution chooses not to pursue the death penalty prior
24 to trial or sentencing.
25 (o) Information that is prohibited from being
26 disclosed under Section 4 of the Illinois Health and

10000SB3138sam001- 10 -LRB100 19604 AXK 37636 a
1 Hazardous Substances Registry Act.
2 (p) Security portions of system safety program plans,
3 investigation reports, surveys, schedules, lists, data, or
4 information compiled, collected, or prepared by or for the
5 Regional Transportation Authority under Section 2.11 of
6 the Regional Transportation Authority Act or the St. Clair
7 County Transit District under the Bi-State Transit Safety
8 Act.
9 (q) Information prohibited from being disclosed by the
10 Personnel Records Review Act.
11 (r) Information prohibited from being disclosed by the
12 Illinois School Student Records Act.
13 (s) Information the disclosure of which is restricted
14 under Section 5-108 of the Public Utilities Act.
15 (t) All identified or deidentified health information
16 in the form of health data or medical records contained in,
17 stored in, submitted to, transferred by, or released from
18 the Illinois Health Information Exchange, and identified
19 or deidentified health information in the form of health
20 data and medical records of the Illinois Health Information
21 Exchange in the possession of the Illinois Health
22 Information Exchange Authority due to its administration
23 of the Illinois Health Information Exchange. The terms
24 "identified" and "deidentified" shall be given the same
25 meaning as in the Health Insurance Portability and
26 Accountability Act of 1996, Public Law 104-191, or any

10000SB3138sam001- 11 -LRB100 19604 AXK 37636 a
1 subsequent amendments thereto, and any regulations
2 promulgated thereunder.
3 (u) Records and information provided to an independent
4 team of experts under Brian's Law.
5 (v) Names and information of people who have applied
6 for or received Firearm Owner's Identification Cards under
7 the Firearm Owners Identification Card Act or applied for
8 or received a concealed carry license under the Firearm
9 Concealed Carry Act, unless otherwise authorized by the
10 Firearm Concealed Carry Act; and databases under the
11 Firearm Concealed Carry Act, records of the Concealed Carry
12 Licensing Review Board under the Firearm Concealed Carry
13 Act, and law enforcement agency objections under the
14 Firearm Concealed Carry Act.
15 (w) Personally identifiable information which is
16 exempted from disclosure under subsection (g) of Section
17 19.1 of the Toll Highway Act.
18 (x) Information which is exempted from disclosure
19 under Section 5-1014.3 of the Counties Code or Section
20 8-11-21 of the Illinois Municipal Code.
21 (y) Confidential information under the Adult
22 Protective Services Act and its predecessor enabling
23 statute, the Elder Abuse and Neglect Act, including
24 information about the identity and administrative finding
25 against any caregiver of a verified and substantiated
26 decision of abuse, neglect, or financial exploitation of an

10000SB3138sam001- 12 -LRB100 19604 AXK 37636 a
1 eligible adult maintained in the Registry established
2 under Section 7.5 of the Adult Protective Services Act.
3 (z) Records and information provided to a fatality
4 review team or the Illinois Fatality Review Team Advisory
5 Council under Section 15 of the Adult Protective Services
6 Act.
7 (aa) Information which is exempted from disclosure
8 under Section 2.37 of the Wildlife Code.
9 (bb) Information which is or was prohibited from
10 disclosure by the Juvenile Court Act of 1987.
11 (cc) Recordings made under the Law Enforcement
12 Officer-Worn Body Camera Act, except to the extent
13 authorized under that Act.
14 (dd) Information that is prohibited from being
15 disclosed under Section 45 of the Condominium and Common
16 Interest Community Ombudsperson Act.
17 (ee) Information that is exempted from disclosure
18 under Section 30.1 of the Pharmacy Practice Act.
19 (ff) Information that is exempted from disclosure
20 under the Revised Uniform Unclaimed Property Act.
21 (gg) (ff) Information that is prohibited from being
22 disclosed under Section 7-603.5 of the Illinois Vehicle
23 Code.
24 (hh) (ff) Records that are exempt from disclosure under
25 Section 1A-16.7 of the Election Code.
26 (ii) (ff) Information which is exempted from

10000SB3138sam001- 13 -LRB100 19604 AXK 37636 a
1 disclosure under Section 2505-800 of the Department of
2 Revenue Law of the Civil Administrative Code of Illinois.
3 (jj) (ff) Information and reports that are required to
4 be submitted to the Department of Labor by registering day
5 and temporary labor service agencies but are exempt from
6 disclosure under subsection (a-1) of Section 45 of the Day
7 and Temporary Labor Services Act.
8 (ll) Information that is exempt from disclosure under
9 Section 70 of the Higher Education Student Assistance Act.
10(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
11eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
13100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
148-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
1511-2-17.)
16 (Text of Section after amendment by P.A. 100-512)
17 Sec. 7.5. Statutory exemptions. To the extent provided for
18by the statutes referenced below, the following shall be exempt
19from inspection and copying:
20 (a) All information determined to be confidential
21 under Section 4002 of the Technology Advancement and
22 Development Act.
23 (b) Library circulation and order records identifying
24 library users with specific materials under the Library
25 Records Confidentiality Act.

10000SB3138sam001- 14 -LRB100 19604 AXK 37636 a
1 (c) Applications, related documents, and medical
2 records received by the Experimental Organ Transplantation
3 Procedures Board and any and all documents or other records
4 prepared by the Experimental Organ Transplantation
5 Procedures Board or its staff relating to applications it
6 has received.
7 (d) Information and records held by the Department of
8 Public Health and its authorized representatives relating
9 to known or suspected cases of sexually transmissible
10 disease or any information the disclosure of which is
11 restricted under the Illinois Sexually Transmissible
12 Disease Control Act.
13 (e) Information the disclosure of which is exempted
14 under Section 30 of the Radon Industry Licensing Act.
15 (f) Firm performance evaluations under Section 55 of
16 the Architectural, Engineering, and Land Surveying
17 Qualifications Based Selection Act.
18 (g) Information the disclosure of which is restricted
19 and exempted under Section 50 of the Illinois Prepaid
20 Tuition Act.
21 (h) Information the disclosure of which is exempted
22 under the State Officials and Employees Ethics Act, and
23 records of any lawfully created State or local inspector
24 general's office that would be exempt if created or
25 obtained by an Executive Inspector General's office under
26 that Act.

10000SB3138sam001- 15 -LRB100 19604 AXK 37636 a
1 (i) Information contained in a local emergency energy
2 plan submitted to a municipality in accordance with a local
3 emergency energy plan ordinance that is adopted under
4 Section 11-21.5-5 of the Illinois Municipal Code.
5 (j) Information and data concerning the distribution
6 of surcharge moneys collected and remitted by carriers
7 under the Emergency Telephone System Act.
8 (k) Law enforcement officer identification information
9 or driver identification information compiled by a law
10 enforcement agency or the Department of Transportation
11 under Section 11-212 of the Illinois Vehicle Code.
12 (l) Records and information provided to a residential
13 health care facility resident sexual assault and death
14 review team or the Executive Council under the Abuse
15 Prevention Review Team Act.
16 (m) Information provided to the predatory lending
17 database created pursuant to Article 3 of the Residential
18 Real Property Disclosure Act, except to the extent
19 authorized under that Article.
20 (n) Defense budgets and petitions for certification of
21 compensation and expenses for court appointed trial
22 counsel as provided under Sections 10 and 15 of the Capital
23 Crimes Litigation Act. This subsection (n) shall apply
24 until the conclusion of the trial of the case, even if the
25 prosecution chooses not to pursue the death penalty prior
26 to trial or sentencing.

10000SB3138sam001- 16 -LRB100 19604 AXK 37636 a
1 (o) Information that is prohibited from being
2 disclosed under Section 4 of the Illinois Health and
3 Hazardous Substances Registry Act.
4 (p) Security portions of system safety program plans,
5 investigation reports, surveys, schedules, lists, data, or
6 information compiled, collected, or prepared by or for the
7 Regional Transportation Authority under Section 2.11 of
8 the Regional Transportation Authority Act or the St. Clair
9 County Transit District under the Bi-State Transit Safety
10 Act.
11 (q) Information prohibited from being disclosed by the
12 Personnel Records Review Act.
13 (r) Information prohibited from being disclosed by the
14 Illinois School Student Records Act.
15 (s) Information the disclosure of which is restricted
16 under Section 5-108 of the Public Utilities Act.
17 (t) All identified or deidentified health information
18 in the form of health data or medical records contained in,
19 stored in, submitted to, transferred by, or released from
20 the Illinois Health Information Exchange, and identified
21 or deidentified health information in the form of health
22 data and medical records of the Illinois Health Information
23 Exchange in the possession of the Illinois Health
24 Information Exchange Authority due to its administration
25 of the Illinois Health Information Exchange. The terms
26 "identified" and "deidentified" shall be given the same

10000SB3138sam001- 17 -LRB100 19604 AXK 37636 a
1 meaning as in the Health Insurance Portability and
2 Accountability Act of 1996, Public Law 104-191, or any
3 subsequent amendments thereto, and any regulations
4 promulgated thereunder.
5 (u) Records and information provided to an independent
6 team of experts under Brian's Law.
7 (v) Names and information of people who have applied
8 for or received Firearm Owner's Identification Cards under
9 the Firearm Owners Identification Card Act or applied for
10 or received a concealed carry license under the Firearm
11 Concealed Carry Act, unless otherwise authorized by the
12 Firearm Concealed Carry Act; and databases under the
13 Firearm Concealed Carry Act, records of the Concealed Carry
14 Licensing Review Board under the Firearm Concealed Carry
15 Act, and law enforcement agency objections under the
16 Firearm Concealed Carry Act.
17 (w) Personally identifiable information which is
18 exempted from disclosure under subsection (g) of Section
19 19.1 of the Toll Highway Act.
20 (x) Information which is exempted from disclosure
21 under Section 5-1014.3 of the Counties Code or Section
22 8-11-21 of the Illinois Municipal Code.
23 (y) Confidential information under the Adult
24 Protective Services Act and its predecessor enabling
25 statute, the Elder Abuse and Neglect Act, including
26 information about the identity and administrative finding

10000SB3138sam001- 18 -LRB100 19604 AXK 37636 a
1 against any caregiver of a verified and substantiated
2 decision of abuse, neglect, or financial exploitation of an
3 eligible adult maintained in the Registry established
4 under Section 7.5 of the Adult Protective Services Act.
5 (z) Records and information provided to a fatality
6 review team or the Illinois Fatality Review Team Advisory
7 Council under Section 15 of the Adult Protective Services
8 Act.
9 (aa) Information which is exempted from disclosure
10 under Section 2.37 of the Wildlife Code.
11 (bb) Information which is or was prohibited from
12 disclosure by the Juvenile Court Act of 1987.
13 (cc) Recordings made under the Law Enforcement
14 Officer-Worn Body Camera Act, except to the extent
15 authorized under that Act.
16 (dd) Information that is prohibited from being
17 disclosed under Section 45 of the Condominium and Common
18 Interest Community Ombudsperson Act.
19 (ee) Information that is exempted from disclosure
20 under Section 30.1 of the Pharmacy Practice Act.
21 (ff) Information that is exempted from disclosure
22 under the Revised Uniform Unclaimed Property Act.
23 (gg) (ff) Information that is prohibited from being
24 disclosed under Section 7-603.5 of the Illinois Vehicle
25 Code.
26 (hh) (ff) Records that are exempt from disclosure under

10000SB3138sam001- 19 -LRB100 19604 AXK 37636 a
1 Section 1A-16.7 of the Election Code.
2 (ii) (ff) Information which is exempted from
3 disclosure under Section 2505-800 of the Department of
4 Revenue Law of the Civil Administrative Code of Illinois.
5 (jj) (ff) Information and reports that are required to
6 be submitted to the Department of Labor by registering day
7 and temporary labor service agencies but are exempt from
8 disclosure under subsection (a-1) of Section 45 of the Day
9 and Temporary Labor Services Act.
10 (kk) (ff) Information prohibited from disclosure under
11 the Seizure and Forfeiture Reporting Act.
12 (ll) Information that is exempt from disclosure under
13 Section 70 of the Higher Education Student Assistance Act.
14(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
15eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
17100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
188-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
19eff. 6-1-18; revised 11-2-17.)
20 Section 10. The Higher Education Student Assistance Act is
21amended by changing Section 70 as follows:
22 (110 ILCS 947/70)
23 Sec. 70. Administration of scholarship and grant programs.
24 (a) An applicant to whom the Commission has awarded a

10000SB3138sam001- 20 -LRB100 19604 AXK 37636 a
1scholarship or grant under this Act may apply for enrollment as
2a student in any qualified institution of higher learning. The
3institution is not required to accept the applicant for
4enrollment, but is free to exact compliance with its own
5admissions requirements, standards, and policies. The
6institution may receive the payments of tuition and other
7necessary fees provided by the scholarship or grant, for credit
8against the student's obligation for such tuition and fees, and
9for no other purpose, and shall be contractually obligated:
10 (1) to provide facilities and instruction to the
11 student on the same terms as to other students generally;
12 (2) to provide the notices and information described in
13 this Act; and to maintain records and documents which
14 demonstrate the eligibility of the students for whom
15 scholarships and grants are claimed.
16 (b) If, in the course of any academic period, any student
17enrolled in any institution pursuant to a scholarship or grant
18awarded under this Act for any reason ceases to be a student in
19good standing, the institution shall promptly give written
20notice to the Commission concerning that change of status and
21the reason therefor. For purposes of this Section, a student
22does not cease to be a student in good standing merely because
23he or she is not classified as a full-time student.
24 (c) A student to whom a renewal scholarship or grant has
25been awarded may either re-enroll in the institution which he
26or she attended during the preceding year, or enroll in any

10000SB3138sam001- 21 -LRB100 19604 AXK 37636 a
1other qualified institution of higher learning; and in either
2event, the institution accepting the student for enrollment or
3re-enrollment shall notify the Commission of that acceptance
4and may receive payments and shall be contractually obligated
5as provided with respect to a first-year scholarship or grant.
6 (d) The Commission shall administer the scholarship and
7grant accounts and related records of each student who is
8attending an institution of higher learning under financial
9assistance awarded pursuant to this Act, and at each proper
10time shall certify to the State Comptroller, in the manner
11prescribed by law, the current payment to be made to the
12institution on account of such financial assistance, in
13accordance with an appropriate certificate from the
14institution. The Commission may require the participating
15institution of higher learning to perform specific eligibility
16evaluation procedures as a condition of participation.
17 (e) The Commission shall conduct on-site audits of
18educational institutions participating in Commission
19administered programs. When institutions have claimed and
20received funds on behalf of ineligible recipients, the
21Commission may adjust subsequent institutional payments to
22recover those funds.
23 (f) The Commission may, upon the request of any institution
24which received payment for scholarship and grant awards for
25each of the last 5 years, certify to the Comptroller an advance
26payment for the current term to be made to the institution on

10000SB3138sam001- 22 -LRB100 19604 AXK 37636 a
1account of such financial assistance in an amount not to exceed
275% of announced awards for the institution for such financial
3assistance for the current term, adjusted for attrition over
4the last 5 years. For the purposes of this Section, "attrition"
5is the number of announced award winners enrolled on the 10th
6class day as a percentage of the total announced awards. The
7request for an advance payment for the current term shall not
8be submitted until 10 class days after the last day for
9registration for that term. Upon appropriate certification
10from the institution presented for each payment period, after
11the standard tuition and mandatory fees have been established
12for all students for the term of payment and the award
13recipient has enrolled, the Commission shall certify to the
14State Comptroller the balance of the current payment to be made
15to the institution on account of such financial assistance. If
16an advance payment received by an institution exceeds the
17payment to which that institution is entitled, the Commission
18shall reduce subsequent payments to that institution for later
19terms within the same academic year as the overpayment by an
20amount equal to the overpayment; if the reduction cannot be
21made, the institution shall refund the overpayment to the
22Commission. The Commission may deny or reduce the advance
23payment provided to any institution under this Section if it
24has reason to believe that the advance payment for the current
25term may exceed the full payment the institution is entitled to
26receive for such assistance for that term.

10000SB3138sam001- 23 -LRB100 19604 AXK 37636 a
1 (g) The identity and address of a scholarship, grant, or
2other financial assistance applicant or recipient under a
3program administered by the Commission is private information
4and is exempt from inspection and copying under the Freedom of
5Information Act. The exemption under this subsection (g) does
6not apply to the identity of a student recognized through the
7State Scholar program under Section 25 of this Act, Merit
8Recognition Scholarship program under Section 31 of this Act,
9Golden Apple Scholars of Illinois Program under Section 52 of
10this Act, or any other program created on or after the
11effective date of this amendatory Act of the 100th General
12Assembly that is administered by the Commission with the
13purpose of providing a recipient public recognition of
14achievement.
15(Source: P.A. 92-713, eff. 7-23-02.)
16 Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.
23 Section 99. Effective date. This Act takes effect upon
24becoming law.".
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