Illinois 2023-2024 Regular Session

Illinois House Bill HB2898 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0536
2	1		HB2898 EnrolledLRB103 05261 RJT 50279 b HB2898 Enrolled LRB103 05261 RJT 50279 b
3	2		HB2898 Enrolled LRB103 05261 RJT 50279 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The State Finance Act is amended by adding
8		-	Section 5.990 as follows:
9		-	(30 ILCS 105/5.990 new)
10		-	Sec. 5.990. The MAP Refund Fund.
11		-	Section 10. The Private College Act is amended by adding
12		-	Section 14.15 as follows:
13		-	(110 ILCS 1005/14.15 new)
14		-	Sec. 14.15. Unfair, misleading, or deceptive practice
15		-	finding; refund; grant.
16		-	(a) In this Section, "unfair, misleading, or deceptive
17		-	practice" means an act or practice in which a representation,
18		-	omission, or practice misleads or is likely to mislead a
19		-	consumer, as determined by the Federal Trade Commission, the
20		-	United States Department of Education, or the United States
21		-	Bureau of Consumer Financial Protection in a court of
22		-	competent jurisdiction.
23		-	(b) This Section applies to a for-profit, post-secondary
24		-	educational institution that received monetary award program
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The State Finance Act is amended by adding
	7	+	5 Section 5.990 as follows:
	8	+	6 (30 ILCS 105/5.990 new)
	9	+	7 Sec. 5.990. The MAP Refund Fund.
	10	+	8 Section 10. The Private College Act is amended by adding
	11	+	9 Section 14.15 as follows:
	12	+	10 (110 ILCS 1005/14.15 new)
	13	+	11 Sec. 14.15. Unfair, misleading, or deceptive practice
	14	+	12 finding; refund; grant.
	15	+	13 (a) In this Section, "unfair, misleading, or deceptive
	16	+	14 practice" means an act or practice in which a representation,
	17	+	15 omission, or practice misleads or is likely to mislead a
	18	+	16 consumer, as determined by the Federal Trade Commission, the
	19	+	17 United States Department of Education, or the United States
	20	+	18 Bureau of Consumer Financial Protection in a court of
	21	+	19 competent jurisdiction.
	22	+	20 (b) This Section applies to a for-profit, post-secondary
	23	+	21 educational institution that received monetary award program
25	24
26	25
27	26
28	27		HB2898 Enrolled LRB103 05261 RJT 50279 b
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31		-	funds under Section 35 of the Higher Education Student
32		-	Assistance Act at a time the institution was found to have been
33		-	using an unfair, misleading, or deceptive practice, as defined
34		-	by the Federal Trade Commission, the United States Department
35		-	of Education, or the United States Bureau of Consumer
36		-	Financial Protection, and is required to reimburse students
37		-	for loans taken to pay for the students' education in
38		-	accordance with a final judgment against the institution
39		-	issued by a court of competent jurisdiction, based on acts
40		-	occurring at least 6 months after the effective date of this
41		-	amendatory Act of the 103rd General Assembly. Any monetary
42		-	award program funds paid to the for-profit, post-secondary
43		-	educational institution for students who attended the
44		-	institution during the period of judgment must be refunded to
45		-	the Illinois Student Assistance Commission.
46		-	(c) If a post-secondary educational institution is
47		-	required to issue a refund to the Illinois Student Assistance
48		-	Commission under this Section, the refund shall be deposited
49		-	into the MAP Refund Fund. The Commission shall use funds
50		-	appropriated from the MAP Refund Fund to award grants to
51		-	students as provided in this Section. A post-secondary
52		-	educational institution required to issue a refund to the
53		-	Illinois Student Assistance Commission under this Section must
54		-	notify the Illinois Student Assistance Commission within 30
55		-	days after a final judgment issued by a court of competent
56		-	jurisdiction, and issue the refund within 6 months. A
	30	+	HB2898 Enrolled- 2 -LRB103 05261 RJT 50279 b HB2898 Enrolled - 2 - LRB103 05261 RJT 50279 b
	31	+	HB2898 Enrolled - 2 - LRB103 05261 RJT 50279 b
	32	+	1 funds under Section 35 of the Higher Education Student
	33	+	2 Assistance Act at a time the institution was found to have been
	34	+	3 using an unfair, misleading, or deceptive practice, as defined
	35	+	4 by the Federal Trade Commission, the United States Department
	36	+	5 of Education, or the United States Bureau of Consumer
	37	+	6 Financial Protection, and is required to reimburse students
	38	+	7 for loans taken to pay for the students' education in
	39	+	8 accordance with a final judgment against the institution
	40	+	9 issued by a court of competent jurisdiction, based on acts
	41	+	10 occurring at least 6 months after the effective date of this
	42	+	11 amendatory Act of the 103rd General Assembly. Any monetary
	43	+	12 award program funds paid to the for-profit, post-secondary
	44	+	13 educational institution for students who attended the
	45	+	14 institution during the period of judgment must be refunded to
	46	+	15 the Illinois Student Assistance Commission.
	47	+	16 (c) If a post-secondary educational institution is
	48	+	17 required to issue a refund to the Illinois Student Assistance
	49	+	18 Commission under this Section, the refund shall be deposited
	50	+	19 into the MAP Refund Fund. The Commission shall use funds
	51	+	20 appropriated from the MAP Refund Fund to award grants to
	52	+	21 students as provided in this Section. A post-secondary
	53	+	22 educational institution required to issue a refund to the
	54	+	23 Illinois Student Assistance Commission under this Section must
	55	+	24 notify the Illinois Student Assistance Commission within 30
	56	+	25 days after a final judgment issued by a court of competent
	57	+	26 jurisdiction, and issue the refund within 6 months. A
57	58
58	59
59		-	for-profit, post-secondary educational institution with a
60		-	judgment against it must notify students who attended the
61		-	post-secondary educational institution during the period of
62		-	judgment and received monetary award program funds,
63		-	electronically and by certified mail, within 6 months after
64		-	issuance of the refund to the Illinois Student Assistance
65		-	Commission.
66		-	(d) The Commission shall make applications for grants
67		-	under subsection (c) available in the next academic year after
68		-	the deposit of funds into the MAP Refund Fund or as soon as is
69		-	practicable. The application process shall be administered by
70		-	the Commission and shall remain open until no funds remain in
71		-	the MAP Refund Fund, subject to the other provisions of this
72		-	Section.
73		-	(e) The Commission shall determine the maximum amount of a
74		-	grant that may be provided under this Section in an academic
75		-	year. A grant under this Section may be awarded to a student in
76		-	addition to a monetary award program grant. However, the
77		-	combined amounts of those grants may not exceed the total cost
78		-	of tuition and fees for the academic year at the
79		-	post-secondary educational institution at which the student is
80		-	enrolled.
81		-	(f) Beginning in the third academic year following the
82		-	issuance of refunds under subsection (b), the remaining
83		-	balance in the MAP Refund Fund shall be appropriated to the
84		-	Commission for the Commission's operating budget for the
85	60
86	61
87		-	monetary award program.
88		-	(g) The MAP Refund Fund is created as a special fund in the
89		-	State treasury. All money in the Fund shall be used, subject to
90		-	appropriation, by the Commission for the purposes set forth in
91		-	this Section.
	62	+
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	64	+
	65	+
	66	+	HB2898 Enrolled- 3 -LRB103 05261 RJT 50279 b HB2898 Enrolled - 3 - LRB103 05261 RJT 50279 b
	67	+	HB2898 Enrolled - 3 - LRB103 05261 RJT 50279 b
	68	+	1 for-profit, post-secondary educational institution with a
	69	+	2 judgment against it must notify students who attended the
	70	+	3 post-secondary educational institution during the period of
	71	+	4 judgment and received monetary award program funds,
	72	+	5 electronically and by certified mail, within 6 months after
	73	+	6 issuance of the refund to the Illinois Student Assistance
	74	+	7 Commission.
	75	+	8 (d) The Commission shall make applications for grants
	76	+	9 under subsection (c) available in the next academic year after
	77	+	10 the deposit of funds into the MAP Refund Fund or as soon as is
	78	+	11 practicable. The application process shall be administered by
	79	+	12 the Commission and shall remain open until no funds remain in
	80	+	13 the MAP Refund Fund, subject to the other provisions of this
	81	+	14 Section.
	82	+	15 (e) The Commission shall determine the maximum amount of a
	83	+	16 grant that may be provided under this Section in an academic
	84	+	17 year. A grant under this Section may be awarded to a student in
	85	+	18 addition to a monetary award program grant. However, the
	86	+	19 combined amounts of those grants may not exceed the total cost
	87	+	20 of tuition and fees for the academic year at the
	88	+	21 post-secondary educational institution at which the student is
	89	+	22 enrolled.
	90	+	23 (f) Beginning in the third academic year following the
	91	+	24 issuance of refunds under subsection (b), the remaining
	92	+	25 balance in the MAP Refund Fund shall be appropriated to the
	93	+	26 Commission for the Commission's operating budget for the
	94	+
	95	+
	96	+
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	99	+	HB2898 Enrolled - 3 - LRB103 05261 RJT 50279 b
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	102	+	HB2898 Enrolled- 4 -LRB103 05261 RJT 50279 b HB2898 Enrolled - 4 - LRB103 05261 RJT 50279 b
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	104	+	1 monetary award program.
	105	+	2 (g) The MAP Refund Fund is created as a special fund in the
	106	+	3 State treasury. All money in the Fund shall be used, subject to
	107	+	4 appropriation, by the Commission for the purposes set forth in
	108	+	5 this Section.
	109	+
	110	+
	111	+
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	114	+	HB2898 Enrolled - 4 - LRB103 05261 RJT 50279 b