Illinois 2023-2024 Regular Session

Illinois House Bill HB4720 Compare Versions

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1-Public Act 103-0604
21 HB4720 EnrolledLRB103 37881 SPS 68012 b HB4720 Enrolled LRB103 37881 SPS 68012 b
32 HB4720 Enrolled LRB103 37881 SPS 68012 b
4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The State Treasurer Act is amended by changing
8-Section 16.8 as follows:
9-(15 ILCS 505/16.8)
10-Sec. 16.8. Illinois Higher Education Savings Program.
11-(a) Definitions. As used in this Section:
12-"Beneficiary" means an eligible child named as a recipient
13-of seed funds.
14-"Eligible child" means a child born or adopted after
15-December 31, 2022, to a parent who is a resident of Illinois at
16-the time of the birth or adoption, as evidenced by
17-documentation received by the Treasurer from the Department of
18-Revenue, the Department of Public Health, or another State or
19-local government agency.
20-"Eligible educational institution" means institutions that
21-are described in Section 1001 of the federal Higher Education
22-Act of 1965 that are eligible to participate in Department of
23-Education student aid programs.
24-"Fund" means the Illinois Higher Education Savings Program
25-Fund.
26-"Omnibus account" means the pooled collection of seed
3+1 AN ACT concerning State government.
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 Treasurer Act is amended by changing
7+5 Section 16.8 as follows:
8+6 (15 ILCS 505/16.8)
9+7 Sec. 16.8. Illinois Higher Education Savings Program.
10+8 (a) Definitions. As used in this Section:
11+9 "Beneficiary" means an eligible child named as a recipient
12+10 of seed funds.
13+11 "Eligible child" means a child born or adopted after
14+12 December 31, 2022, to a parent who is a resident of Illinois at
15+13 the time of the birth or adoption, as evidenced by
16+14 documentation received by the Treasurer from the Department of
17+15 Revenue, the Department of Public Health, or another State or
18+16 local government agency.
19+17 "Eligible educational institution" means institutions that
20+18 are described in Section 1001 of the federal Higher Education
21+19 Act of 1965 that are eligible to participate in Department of
22+20 Education student aid programs.
23+21 "Fund" means the Illinois Higher Education Savings Program
24+22 Fund.
25+23 "Omnibus account" means the pooled collection of seed
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33-funds owned and managed by the State Treasurer in the College
34-Savings Pool under this Act.
35-"Program" means the Illinois Higher Education Savings
36-Program.
37-"Qualified higher education expense" means the following:
38-(i) tuition, fees, and the costs of books, supplies, and
39-equipment required for enrollment or attendance at an eligible
40-educational institution; (ii) expenses for special needs
41-services, in the case of a special needs beneficiary, which
42-are incurred in connection with such enrollment or attendance;
43-(iii) certain expenses for the purchase of computer or
44-peripheral equipment, computer software, or Internet access
45-and related services as defined under Section 529 of the
46-Internal Revenue Code; (iv) room and board expenses incurred
47-while attending an eligible educational institution at least
48-half-time; (v) expenses for fees, books, supplies, and
49-equipment required for the participation of a designated
50-beneficiary in an apprenticeship program registered and
51-certified with the Secretary of Labor under the National
52-Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as
53-principal or interest on any qualified education loan of the
54-designated beneficiary or a sibling of the designated
55-beneficiary, as allowed under Section 529 of the Internal
56-Revenue Code.
57-"Seed funds" means the deposit made by the State Treasurer
58-into the Omnibus Accounts for Program beneficiaries.
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33+ HB4720 Enrolled - 2 - LRB103 37881 SPS 68012 b
34+1 funds owned and managed by the State Treasurer in the College
35+2 Savings Pool under this Act.
36+3 "Program" means the Illinois Higher Education Savings
37+4 Program.
38+5 "Qualified higher education expense" means the following:
39+6 (i) tuition, fees, and the costs of books, supplies, and
40+7 equipment required for enrollment or attendance at an eligible
41+8 educational institution; (ii) expenses for special needs
42+9 services, in the case of a special needs beneficiary, which
43+10 are incurred in connection with such enrollment or attendance;
44+11 (iii) certain expenses for the purchase of computer or
45+12 peripheral equipment, computer software, or Internet access
46+13 and related services as defined under Section 529 of the
47+14 Internal Revenue Code; (iv) room and board expenses incurred
48+15 while attending an eligible educational institution at least
49+16 half-time; (v) expenses for fees, books, supplies, and
50+17 equipment required for the participation of a designated
51+18 beneficiary in an apprenticeship program registered and
52+19 certified with the Secretary of Labor under the National
53+20 Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as
54+21 principal or interest on any qualified education loan of the
55+22 designated beneficiary or a sibling of the designated
56+23 beneficiary, as allowed under Section 529 of the Internal
57+24 Revenue Code.
58+25 "Seed funds" means the deposit made by the State Treasurer
59+26 into the Omnibus Accounts for Program beneficiaries.
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61-(b) Program established. The State Treasurer shall
62-establish the Illinois Higher Education Savings Program as a
63-part of the College Savings Pool under Section 16.5 of this
64-Act, subject to appropriation by the General Assembly. The
65-State Treasurer shall administer the Program for the purposes
66-of expanding access to higher education through savings.
67-(c) Program enrollment. The State Treasurer shall enroll
68-all eligible children in the Program beginning in 2023, after
69-receiving records of recent births, adoptions, or dependents
70-from the Department of Revenue, the Department of Public
71-Health, or another State or local government agency designated
72-by the Treasurer. Notwithstanding any court order which would
73-otherwise prevent the release of information, the Department
74-of Public Health is authorized to release the information
75-specified under this subsection (c) to the State Treasurer for
76-the purposes of the Program established under this Section.
77-(1) Beginning in 2021, the Department of Public Health
78-shall provide the State Treasurer with information on
79-recent Illinois births and adoptions including, but not
80-limited to: the full name, residential address, birth
81-date, and birth record number of the child and the full
82-name and residential address of the child's parent or
83-legal guardian for the purpose of enrolling eligible
84-children in the Program. This data shall be provided to
85-the State Treasurer by the Department of Public Health on
86-a quarterly basis, no later than 30 days after the end of
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89-each quarter, or some other date and frequency as mutually
90-agreed to by the State Treasurer and the Department of
91-Public Health.
92-(1.5) Beginning in 2021, the Department of Revenue
93-shall provide the State Treasurer with information on tax
94-filers claiming dependents or the adoption tax credit
95-including, but not limited to: the full name, residential
96-address, email address, phone number, birth date, and
97-social security number or taxpayer identification number
98-of the dependent child and of the child's parent or legal
99-guardian for the purpose of enrolling eligible children in
100-the Program. Beginning July 1, 2024, the Department of
101-Revenue shall provide the State Treasurer with the
102-adjusted gross income of tax filers claiming dependents or
103-the adoption tax credit. This data shall be provided to
104-the State Treasurer by the Department of Revenue on at
105-least an annual basis, by July 1 of each year or another
106-date jointly determined by the State Treasurer and the
107-Department of Revenue. Notwithstanding anything to the
108-contrary contained within this paragraph (2), the
109-Department of Revenue shall not be required to share any
110-information that would be contrary to federal law,
111-regulation, or Internal Revenue Service Publication 1075.
112-(2) The State Treasurer shall ensure the security and
113-confidentiality of the information provided by the
114-Department of Revenue, the Department of Public Health, or
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117-another State or local government agency, and it shall not
118-be subject to release under the Freedom of Information
119-Act.
120-(3) Information provided under this Section shall only
121-be used by the State Treasurer for the Program and shall
122-not be used for any other purpose.
123-(4) The State Treasurer and any vendors working on the
124-Program shall maintain strict confidentiality of any
125-information provided under this Section, and shall
126-promptly provide written or electronic notice to the
127-providing agency of any security breach. The providing
128-State or local government agency shall remain the sole and
129-exclusive owner of information provided under this
130-Section.
131-(d) Seed funds. After receiving information on recent
132-births, adoptions, or dependents from the Department of
133-Revenue, the Department of Public Health, or another State or
134-local government agency, the State Treasurer shall make
135-deposits into an omnibus account on behalf of eligible
136-children. The State Treasurer shall be the owner of the
137-omnibus accounts.
138-(1) Deposit amount. The seed fund deposit for each
139-eligible child shall be in the amount of $50. This amount
140-may be increased by the State Treasurer by rule. The State
141-Treasurer may use or deposit funds appropriated by the
142-General Assembly together with moneys received as gifts,
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70+1 (b) Program established. The State Treasurer shall
71+2 establish the Illinois Higher Education Savings Program as a
72+3 part of the College Savings Pool under Section 16.5 of this
73+4 Act, subject to appropriation by the General Assembly. The
74+5 State Treasurer shall administer the Program for the purposes
75+6 of expanding access to higher education through savings.
76+7 (c) Program enrollment. The State Treasurer shall enroll
77+8 all eligible children in the Program beginning in 2023, after
78+9 receiving records of recent births, adoptions, or dependents
79+10 from the Department of Revenue, the Department of Public
80+11 Health, or another State or local government agency designated
81+12 by the Treasurer. Notwithstanding any court order which would
82+13 otherwise prevent the release of information, the Department
83+14 of Public Health is authorized to release the information
84+15 specified under this subsection (c) to the State Treasurer for
85+16 the purposes of the Program established under this Section.
86+17 (1) Beginning in 2021, the Department of Public Health
87+18 shall provide the State Treasurer with information on
88+19 recent Illinois births and adoptions including, but not
89+20 limited to: the full name, residential address, birth
90+21 date, and birth record number of the child and the full
91+22 name and residential address of the child's parent or
92+23 legal guardian for the purpose of enrolling eligible
93+24 children in the Program. This data shall be provided to
94+25 the State Treasurer by the Department of Public Health on
95+26 a quarterly basis, no later than 30 days after the end of
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145-grants, or contributions into the Fund. If insufficient
146-funds are available in the Fund, the State Treasurer may
147-reduce the deposit amount or forego deposits.
148-(2) Use of seed funds. Seed funds, including any
149-interest, dividends, and other earnings accrued, will be
150-eligible for use by a beneficiary for qualified higher
151-education expenses if:
152-(A) the parent or guardian of the eligible child
153-claimed the seed funds for the beneficiary by the
154-beneficiary's 10th birthday;
155-(B) the beneficiary has completed secondary
156-education or has reached the age of 18; and
157-(C) the beneficiary is currently a resident of the
158-State of Illinois. Non-residents are not eligible to
159-claim or use seed funds.
160-(3) Notice of seed fund availability. The State
161-Treasurer shall make a good faith effort to notify
162-beneficiaries and their parents or legal guardians of the
163-seed funds' availability and the deadline to claim such
164-funds.
165-(4) Unclaimed seed funds. Seed funds and any interest
166-earnings that are unclaimed by the beneficiary's 10th
167-birthday or unused by the beneficiary's 26th birthday will
168-be considered forfeited. Unclaimed and unused seed funds
169-and any interest earnings will remain in the omnibus
170-account for future beneficiaries.
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173-(e) Financial education. The State Treasurer may develop
174-educational materials that support the financial literacy of
175-beneficiaries and their legal guardians, and may do so in
176-collaboration with State and federal agencies, including, but
177-not limited to, the Illinois State Board of Education and
178-existing nonprofit agencies with expertise in financial
179-literacy and education.
180-(f) Supplementary deposits and partnerships. The State
181-Treasurer may make supplementary deposits to children in
182-financially insecure households if sufficient funds are
183-available and if funds are deposited into the omnibus accounts
184-as described in subsection (d). Subject to appropriation, the
185-State Treasurer may make supplementary deposits of $50, or
186-greater if designated by the State Treasurer by rule, into the
187-account of each beneficiary whose parent or legal guardian has
188-an adjusted gross income below the Illinois median household
189-income as determined by the most recent U.S. Census Bureau
190-American Community Survey 5-Year Data for the previous
191-calendar year. The supplementary deposits shall be limited to
192-one deposit per beneficiary. Furthermore, the State Treasurer
193-may develop partnerships with private, nonprofit, or
194-governmental organizations to provide additional savings
195-incentives, including conditional cash transfers or matching
196-contributions that provide a savings incentive based on
197-specific actions taken or other criteria.
198-(g) Illinois Higher Education Savings Program Fund. The
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201-Illinois Higher Education Savings Program Fund is hereby
202-established as a special fund in the State treasury. The Fund
203-shall be the official repository of all contributions,
204-appropriated funds, interest, and dividend payments, gifts, or
205-other financial assets received by the State Treasurer in
206-connection with the operation of the Program or related
207-partnerships. All such moneys shall be deposited into the Fund
208-and held by the State Treasurer as custodian thereof. The
209-State Treasurer may accept gifts, grants, awards, matching
210-contributions, interest income, and appropriated funds from
211-individuals, businesses, governments, and other third-party
212-sources to implement the Program on terms that the Treasurer
213-deems advisable. All interest or other earnings accruing or
214-received on amounts in the Illinois Higher Education Savings
215-Program Fund shall be credited to and retained by the Fund and
216-used for the benefit of the Program. Assets of the Fund must at
217-all times be preserved, invested, and expended only for the
218-purposes of the Program and must be held for the benefit of the
219-beneficiaries. Assets may not be transferred or used by the
220-State or the State Treasurer for any purposes other than the
221-purposes of the Program. In addition, no moneys, interest, or
222-other earnings paid into the Fund shall be used, temporarily
223-or otherwise, for inter-fund borrowing or be otherwise used or
224-appropriated except as expressly authorized by this Act.
225-Notwithstanding the requirements of this subsection (g),
226-amounts in the Fund may be used by the State Treasurer to pay
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106+1 each quarter, or some other date and frequency as mutually
107+2 agreed to by the State Treasurer and the Department of
108+3 Public Health.
109+4 (1.5) Beginning in 2021, the Department of Revenue
110+5 shall provide the State Treasurer with information on tax
111+6 filers claiming dependents or the adoption tax credit
112+7 including, but not limited to: the full name, residential
113+8 address, email address, phone number, birth date, and
114+9 social security number or taxpayer identification number
115+10 of the dependent child and of the child's parent or legal
116+11 guardian for the purpose of enrolling eligible children in
117+12 the Program. Beginning July 1, 2024, the Department of
118+13 Revenue shall provide the State Treasurer with the
119+14 adjusted gross income of tax filers claiming dependents or
120+15 the adoption tax credit. This data shall be provided to
121+16 the State Treasurer by the Department of Revenue on at
122+17 least an annual basis, by July 1 of each year or another
123+18 date jointly determined by the State Treasurer and the
124+19 Department of Revenue. Notwithstanding anything to the
125+20 contrary contained within this paragraph (2), the
126+21 Department of Revenue shall not be required to share any
127+22 information that would be contrary to federal law,
128+23 regulation, or Internal Revenue Service Publication 1075.
129+24 (2) The State Treasurer shall ensure the security and
130+25 confidentiality of the information provided by the
131+26 Department of Revenue, the Department of Public Health, or
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229-the administrative costs of the Program.
230-(g-5) Fund deposits and payments. On July 15 of each year,
231-beginning July 15, 2023, or as soon thereafter as practical,
232-the State Comptroller shall direct and the State Treasurer
233-shall transfer the sum of $2,500,000, or the amount that is
234-appropriated annually by the General Assembly, whichever is
235-greater, from the General Revenue Fund to the Illinois Higher
236-Education Savings Program Fund to be used for the
237-administration and operation of the Program.
238-(h) Audits and reports. The State Treasurer shall include
239-the Illinois Higher Education Savings Program as part of the
240-audit of the College Savings Pool described in Section 16.5.
241-The State Treasurer shall annually prepare a report that
242-includes a summary of the Program operations for the preceding
243-fiscal year, including the number of children enrolled in the
244-Program, the total amount of seed fund deposits, the rate of
245-seed deposits claimed, and, to the extent data is reported and
246-available, the racial, ethnic, socioeconomic, and geographic
247-data of beneficiaries and of children in financially insecure
248-households who may receive automatic bonus deposits. Such
249-other information that is relevant to make a full disclosure
250-of the operations of the Program and Fund may also be reported.
251-The report shall be made available on the Treasurer's website
252-by January 31 each year, starting in January of 2024. The State
253-Treasurer may include the Program in other reports as
254-warranted.
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257-(i) Rules. The State Treasurer may adopt rules necessary
258-to implement this Section.
259-(Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21;
260-102-1047, eff. 1-1-23; 103-8, eff. 6-7-23.)
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142+1 another State or local government agency, and it shall not
143+2 be subject to release under the Freedom of Information
144+3 Act.
145+4 (3) Information provided under this Section shall only
146+5 be used by the State Treasurer for the Program and shall
147+6 not be used for any other purpose.
148+7 (4) The State Treasurer and any vendors working on the
149+8 Program shall maintain strict confidentiality of any
150+9 information provided under this Section, and shall
151+10 promptly provide written or electronic notice to the
152+11 providing agency of any security breach. The providing
153+12 State or local government agency shall remain the sole and
154+13 exclusive owner of information provided under this
155+14 Section.
156+15 (d) Seed funds. After receiving information on recent
157+16 births, adoptions, or dependents from the Department of
158+17 Revenue, the Department of Public Health, or another State or
159+18 local government agency, the State Treasurer shall make
160+19 deposits into an omnibus account on behalf of eligible
161+20 children. The State Treasurer shall be the owner of the
162+21 omnibus accounts.
163+22 (1) Deposit amount. The seed fund deposit for each
164+23 eligible child shall be in the amount of $50. This amount
165+24 may be increased by the State Treasurer by rule. The State
166+25 Treasurer may use or deposit funds appropriated by the
167+26 General Assembly together with moneys received as gifts,
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178+1 grants, or contributions into the Fund. If insufficient
179+2 funds are available in the Fund, the State Treasurer may
180+3 reduce the deposit amount or forego deposits.
181+4 (2) Use of seed funds. Seed funds, including any
182+5 interest, dividends, and other earnings accrued, will be
183+6 eligible for use by a beneficiary for qualified higher
184+7 education expenses if:
185+8 (A) the parent or guardian of the eligible child
186+9 claimed the seed funds for the beneficiary by the
187+10 beneficiary's 10th birthday;
188+11 (B) the beneficiary has completed secondary
189+12 education or has reached the age of 18; and
190+13 (C) the beneficiary is currently a resident of the
191+14 State of Illinois. Non-residents are not eligible to
192+15 claim or use seed funds.
193+16 (3) Notice of seed fund availability. The State
194+17 Treasurer shall make a good faith effort to notify
195+18 beneficiaries and their parents or legal guardians of the
196+19 seed funds' availability and the deadline to claim such
197+20 funds.
198+21 (4) Unclaimed seed funds. Seed funds and any interest
199+22 earnings that are unclaimed by the beneficiary's 10th
200+23 birthday or unused by the beneficiary's 26th birthday will
201+24 be considered forfeited. Unclaimed and unused seed funds
202+25 and any interest earnings will remain in the omnibus
203+26 account for future beneficiaries.
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214+1 (e) Financial education. The State Treasurer may develop
215+2 educational materials that support the financial literacy of
216+3 beneficiaries and their legal guardians, and may do so in
217+4 collaboration with State and federal agencies, including, but
218+5 not limited to, the Illinois State Board of Education and
219+6 existing nonprofit agencies with expertise in financial
220+7 literacy and education.
221+8 (f) Supplementary deposits and partnerships. The State
222+9 Treasurer may make supplementary deposits to children in
223+10 financially insecure households if sufficient funds are
224+11 available and if funds are deposited into the omnibus accounts
225+12 as described in subsection (d). Subject to appropriation, the
226+13 State Treasurer may make supplementary deposits of $50, or
227+14 greater if designated by the State Treasurer by rule, into the
228+15 account of each beneficiary whose parent or legal guardian has
229+16 an adjusted gross income below the Illinois median household
230+17 income as determined by the most recent U.S. Census Bureau
231+18 American Community Survey 5-Year Data for the previous
232+19 calendar year. The supplementary deposits shall be limited to
233+20 one deposit per beneficiary. Furthermore, the State Treasurer
234+21 may develop partnerships with private, nonprofit, or
235+22 governmental organizations to provide additional savings
236+23 incentives, including conditional cash transfers or matching
237+24 contributions that provide a savings incentive based on
238+25 specific actions taken or other criteria.
239+26 (g) Illinois Higher Education Savings Program Fund. The
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250+1 Illinois Higher Education Savings Program Fund is hereby
251+2 established as a special fund in the State treasury. The Fund
252+3 shall be the official repository of all contributions,
253+4 appropriated funds, interest, and dividend payments, gifts, or
254+5 other financial assets received by the State Treasurer in
255+6 connection with the operation of the Program or related
256+7 partnerships. All such moneys shall be deposited into the Fund
257+8 and held by the State Treasurer as custodian thereof. The
258+9 State Treasurer may accept gifts, grants, awards, matching
259+10 contributions, interest income, and appropriated funds from
260+11 individuals, businesses, governments, and other third-party
261+12 sources to implement the Program on terms that the Treasurer
262+13 deems advisable. All interest or other earnings accruing or
263+14 received on amounts in the Illinois Higher Education Savings
264+15 Program Fund shall be credited to and retained by the Fund and
265+16 used for the benefit of the Program. Assets of the Fund must at
266+17 all times be preserved, invested, and expended only for the
267+18 purposes of the Program and must be held for the benefit of the
268+19 beneficiaries. Assets may not be transferred or used by the
269+20 State or the State Treasurer for any purposes other than the
270+21 purposes of the Program. In addition, no moneys, interest, or
271+22 other earnings paid into the Fund shall be used, temporarily
272+23 or otherwise, for inter-fund borrowing or be otherwise used or
273+24 appropriated except as expressly authorized by this Act.
274+25 Notwithstanding the requirements of this subsection (g),
275+26 amounts in the Fund may be used by the State Treasurer to pay
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286+1 the administrative costs of the Program.
287+2 (g-5) Fund deposits and payments. On July 15 of each year,
288+3 beginning July 15, 2023, or as soon thereafter as practical,
289+4 the State Comptroller shall direct and the State Treasurer
290+5 shall transfer the sum of $2,500,000, or the amount that is
291+6 appropriated annually by the General Assembly, whichever is
292+7 greater, from the General Revenue Fund to the Illinois Higher
293+8 Education Savings Program Fund to be used for the
294+9 administration and operation of the Program.
295+10 (h) Audits and reports. The State Treasurer shall include
296+11 the Illinois Higher Education Savings Program as part of the
297+12 audit of the College Savings Pool described in Section 16.5.
298+13 The State Treasurer shall annually prepare a report that
299+14 includes a summary of the Program operations for the preceding
300+15 fiscal year, including the number of children enrolled in the
301+16 Program, the total amount of seed fund deposits, the rate of
302+17 seed deposits claimed, and, to the extent data is reported and
303+18 available, the racial, ethnic, socioeconomic, and geographic
304+19 data of beneficiaries and of children in financially insecure
305+20 households who may receive automatic bonus deposits. Such
306+21 other information that is relevant to make a full disclosure
307+22 of the operations of the Program and Fund may also be reported.
308+23 The report shall be made available on the Treasurer's website
309+24 by January 31 each year, starting in January of 2024. The State
310+25 Treasurer may include the Program in other reports as
311+26 warranted.
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322+1 (i) Rules. The State Treasurer may adopt rules necessary
323+2 to implement this Section.
324+3 (Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21;
325+4 102-1047, eff. 1-1-23; 103-8, eff. 6-7-23.)
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