4 | | - | AN ACT concerning State government. |
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5 | | - | Be it enacted by the People of the State of Illinois, |
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6 | | - | represented in the General Assembly: |
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7 | | - | Section 5. The State Treasurer Act is amended by changing |
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8 | | - | Section 16.8 as follows: |
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9 | | - | (15 ILCS 505/16.8) |
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10 | | - | Sec. 16.8. Illinois Higher Education Savings Program. |
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11 | | - | (a) Definitions. As used in this Section: |
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12 | | - | "Beneficiary" means an eligible child named as a recipient |
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13 | | - | of seed funds. |
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14 | | - | "Eligible child" means a child born or adopted after |
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15 | | - | December 31, 2022, to a parent who is a resident of Illinois at |
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16 | | - | the time of the birth or adoption, as evidenced by |
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17 | | - | documentation received by the Treasurer from the Department of |
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18 | | - | Revenue, the Department of Public Health, or another State or |
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19 | | - | local government agency. |
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20 | | - | "Eligible educational institution" means institutions that |
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21 | | - | are described in Section 1001 of the federal Higher Education |
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22 | | - | Act of 1965 that are eligible to participate in Department of |
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23 | | - | Education student aid programs. |
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24 | | - | "Fund" means the Illinois Higher Education Savings Program |
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25 | | - | Fund. |
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26 | | - | "Omnibus account" means the pooled collection of seed |
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| 3 | + | 1 AN ACT concerning State government. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The State Treasurer Act is amended by changing |
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| 7 | + | 5 Section 16.8 as follows: |
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| 8 | + | 6 (15 ILCS 505/16.8) |
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| 9 | + | 7 Sec. 16.8. Illinois Higher Education Savings Program. |
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| 10 | + | 8 (a) Definitions. As used in this Section: |
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| 11 | + | 9 "Beneficiary" means an eligible child named as a recipient |
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| 12 | + | 10 of seed funds. |
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| 13 | + | 11 "Eligible child" means a child born or adopted after |
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| 14 | + | 12 December 31, 2022, to a parent who is a resident of Illinois at |
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| 15 | + | 13 the time of the birth or adoption, as evidenced by |
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| 16 | + | 14 documentation received by the Treasurer from the Department of |
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| 17 | + | 15 Revenue, the Department of Public Health, or another State or |
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| 18 | + | 16 local government agency. |
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| 19 | + | 17 "Eligible educational institution" means institutions that |
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| 20 | + | 18 are described in Section 1001 of the federal Higher Education |
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| 21 | + | 19 Act of 1965 that are eligible to participate in Department of |
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| 22 | + | 20 Education student aid programs. |
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| 23 | + | 21 "Fund" means the Illinois Higher Education Savings Program |
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| 24 | + | 22 Fund. |
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| 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 |
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34 | | - | Savings Pool under this Act. |
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35 | | - | "Program" means the Illinois Higher Education Savings |
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36 | | - | Program. |
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37 | | - | "Qualified higher education expense" means the following: |
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38 | | - | (i) tuition, fees, and the costs of books, supplies, and |
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39 | | - | equipment required for enrollment or attendance at an eligible |
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40 | | - | educational institution; (ii) expenses for special needs |
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41 | | - | services, in the case of a special needs beneficiary, which |
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42 | | - | are incurred in connection with such enrollment or attendance; |
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43 | | - | (iii) certain expenses for the purchase of computer or |
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44 | | - | peripheral equipment, computer software, or Internet access |
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45 | | - | and related services as defined under Section 529 of the |
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46 | | - | Internal Revenue Code; (iv) room and board expenses incurred |
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47 | | - | while attending an eligible educational institution at least |
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48 | | - | half-time; (v) expenses for fees, books, supplies, and |
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49 | | - | equipment required for the participation of a designated |
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50 | | - | beneficiary in an apprenticeship program registered and |
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51 | | - | certified with the Secretary of Labor under the National |
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52 | | - | Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as |
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53 | | - | principal or interest on any qualified education loan of the |
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54 | | - | designated beneficiary or a sibling of the designated |
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55 | | - | beneficiary, as allowed under Section 529 of the Internal |
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56 | | - | Revenue Code. |
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57 | | - | "Seed funds" means the deposit made by the State Treasurer |
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58 | | - | into the Omnibus Accounts for Program beneficiaries. |
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| 33 | + | HB4720 Enrolled - 2 - LRB103 37881 SPS 68012 b |
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| 34 | + | 1 funds owned and managed by the State Treasurer in the College |
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| 35 | + | 2 Savings Pool under this Act. |
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| 36 | + | 3 "Program" means the Illinois Higher Education Savings |
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| 37 | + | 4 Program. |
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| 38 | + | 5 "Qualified higher education expense" means the following: |
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| 39 | + | 6 (i) tuition, fees, and the costs of books, supplies, and |
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| 40 | + | 7 equipment required for enrollment or attendance at an eligible |
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| 41 | + | 8 educational institution; (ii) expenses for special needs |
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| 42 | + | 9 services, in the case of a special needs beneficiary, which |
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| 43 | + | 10 are incurred in connection with such enrollment or attendance; |
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| 44 | + | 11 (iii) certain expenses for the purchase of computer or |
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| 45 | + | 12 peripheral equipment, computer software, or Internet access |
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| 46 | + | 13 and related services as defined under Section 529 of the |
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| 47 | + | 14 Internal Revenue Code; (iv) room and board expenses incurred |
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| 48 | + | 15 while attending an eligible educational institution at least |
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| 49 | + | 16 half-time; (v) expenses for fees, books, supplies, and |
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| 50 | + | 17 equipment required for the participation of a designated |
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| 51 | + | 18 beneficiary in an apprenticeship program registered and |
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| 52 | + | 19 certified with the Secretary of Labor under the National |
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| 53 | + | 20 Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as |
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| 54 | + | 21 principal or interest on any qualified education loan of the |
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| 55 | + | 22 designated beneficiary or a sibling of the designated |
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| 56 | + | 23 beneficiary, as allowed under Section 529 of the Internal |
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| 57 | + | 24 Revenue Code. |
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| 58 | + | 25 "Seed funds" means the deposit made by the State Treasurer |
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| 59 | + | 26 into the Omnibus Accounts for Program beneficiaries. |
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117 | | - | another State or local government agency, and it shall not |
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118 | | - | be subject to release under the Freedom of Information |
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119 | | - | Act. |
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120 | | - | (3) Information provided under this Section shall only |
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121 | | - | be used by the State Treasurer for the Program and shall |
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122 | | - | not be used for any other purpose. |
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123 | | - | (4) The State Treasurer and any vendors working on the |
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124 | | - | Program shall maintain strict confidentiality of any |
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125 | | - | information provided under this Section, and shall |
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126 | | - | promptly provide written or electronic notice to the |
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127 | | - | providing agency of any security breach. The providing |
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128 | | - | State or local government agency shall remain the sole and |
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129 | | - | exclusive owner of information provided under this |
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130 | | - | Section. |
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131 | | - | (d) Seed funds. After receiving information on recent |
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132 | | - | births, adoptions, or dependents from the Department of |
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133 | | - | Revenue, the Department of Public Health, or another State or |
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134 | | - | local government agency, the State Treasurer shall make |
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135 | | - | deposits into an omnibus account on behalf of eligible |
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136 | | - | children. The State Treasurer shall be the owner of the |
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137 | | - | omnibus accounts. |
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138 | | - | (1) Deposit amount. The seed fund deposit for each |
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139 | | - | eligible child shall be in the amount of $50. This amount |
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140 | | - | may be increased by the State Treasurer by rule. The State |
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141 | | - | Treasurer may use or deposit funds appropriated by the |
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142 | | - | General Assembly together with moneys received as gifts, |
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| 70 | + | 1 (b) Program established. The State Treasurer shall |
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| 71 | + | 2 establish the Illinois Higher Education Savings Program as a |
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| 72 | + | 3 part of the College Savings Pool under Section 16.5 of this |
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| 73 | + | 4 Act, subject to appropriation by the General Assembly. The |
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| 74 | + | 5 State Treasurer shall administer the Program for the purposes |
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| 75 | + | 6 of expanding access to higher education through savings. |
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| 76 | + | 7 (c) Program enrollment. The State Treasurer shall enroll |
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| 77 | + | 8 all eligible children in the Program beginning in 2023, after |
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| 78 | + | 9 receiving records of recent births, adoptions, or dependents |
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| 79 | + | 10 from the Department of Revenue, the Department of Public |
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| 80 | + | 11 Health, or another State or local government agency designated |
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| 81 | + | 12 by the Treasurer. Notwithstanding any court order which would |
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| 82 | + | 13 otherwise prevent the release of information, the Department |
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| 83 | + | 14 of Public Health is authorized to release the information |
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| 84 | + | 15 specified under this subsection (c) to the State Treasurer for |
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| 85 | + | 16 the purposes of the Program established under this Section. |
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| 86 | + | 17 (1) Beginning in 2021, the Department of Public Health |
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| 87 | + | 18 shall provide the State Treasurer with information on |
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| 88 | + | 19 recent Illinois births and adoptions including, but not |
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| 89 | + | 20 limited to: the full name, residential address, birth |
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| 90 | + | 21 date, and birth record number of the child and the full |
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| 91 | + | 22 name and residential address of the child's parent or |
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| 92 | + | 23 legal guardian for the purpose of enrolling eligible |
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| 93 | + | 24 children in the Program. This data shall be provided to |
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| 94 | + | 25 the State Treasurer by the Department of Public Health on |
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| 95 | + | 26 a quarterly basis, no later than 30 days after the end of |
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201 | | - | Illinois Higher Education Savings Program Fund is hereby |
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202 | | - | established as a special fund in the State treasury. The Fund |
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203 | | - | shall be the official repository of all contributions, |
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204 | | - | appropriated funds, interest, and dividend payments, gifts, or |
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205 | | - | other financial assets received by the State Treasurer in |
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206 | | - | connection with the operation of the Program or related |
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207 | | - | partnerships. All such moneys shall be deposited into the Fund |
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208 | | - | and held by the State Treasurer as custodian thereof. The |
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209 | | - | State Treasurer may accept gifts, grants, awards, matching |
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210 | | - | contributions, interest income, and appropriated funds from |
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211 | | - | individuals, businesses, governments, and other third-party |
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212 | | - | sources to implement the Program on terms that the Treasurer |
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213 | | - | deems advisable. All interest or other earnings accruing or |
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214 | | - | received on amounts in the Illinois Higher Education Savings |
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215 | | - | Program Fund shall be credited to and retained by the Fund and |
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216 | | - | used for the benefit of the Program. Assets of the Fund must at |
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217 | | - | all times be preserved, invested, and expended only for the |
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218 | | - | purposes of the Program and must be held for the benefit of the |
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219 | | - | beneficiaries. Assets may not be transferred or used by the |
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220 | | - | State or the State Treasurer for any purposes other than the |
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221 | | - | purposes of the Program. In addition, no moneys, interest, or |
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222 | | - | other earnings paid into the Fund shall be used, temporarily |
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223 | | - | or otherwise, for inter-fund borrowing or be otherwise used or |
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224 | | - | appropriated except as expressly authorized by this Act. |
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225 | | - | Notwithstanding the requirements of this subsection (g), |
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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 |
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| 107 | + | 2 agreed to by the State Treasurer and the Department of |
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| 108 | + | 3 Public Health. |
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| 109 | + | 4 (1.5) Beginning in 2021, the Department of Revenue |
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| 110 | + | 5 shall provide the State Treasurer with information on tax |
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| 111 | + | 6 filers claiming dependents or the adoption tax credit |
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| 112 | + | 7 including, but not limited to: the full name, residential |
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| 113 | + | 8 address, email address, phone number, birth date, and |
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| 114 | + | 9 social security number or taxpayer identification number |
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| 115 | + | 10 of the dependent child and of the child's parent or legal |
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| 116 | + | 11 guardian for the purpose of enrolling eligible children in |
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| 117 | + | 12 the Program. Beginning July 1, 2024, the Department of |
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| 118 | + | 13 Revenue shall provide the State Treasurer with the |
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| 119 | + | 14 adjusted gross income of tax filers claiming dependents or |
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| 120 | + | 15 the adoption tax credit. This data shall be provided to |
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| 121 | + | 16 the State Treasurer by the Department of Revenue on at |
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| 122 | + | 17 least an annual basis, by July 1 of each year or another |
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| 123 | + | 18 date jointly determined by the State Treasurer and the |
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| 124 | + | 19 Department of Revenue. Notwithstanding anything to the |
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| 125 | + | 20 contrary contained within this paragraph (2), the |
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| 126 | + | 21 Department of Revenue shall not be required to share any |
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| 127 | + | 22 information that would be contrary to federal law, |
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| 128 | + | 23 regulation, or Internal Revenue Service Publication 1075. |
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| 129 | + | 24 (2) The State Treasurer shall ensure the security and |
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| 130 | + | 25 confidentiality of the information provided by the |
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| 131 | + | 26 Department of Revenue, the Department of Public Health, or |
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257 | | - | (i) Rules. The State Treasurer may adopt rules necessary |
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258 | | - | to implement this Section. |
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259 | | - | (Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21; |
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260 | | - | 102-1047, eff. 1-1-23; 103-8, eff. 6-7-23.) |
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| 139 | + | |
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| 141 | + | HB4720 Enrolled - 5 - LRB103 37881 SPS 68012 b |
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| 142 | + | 1 another State or local government agency, and it shall not |
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| 143 | + | 2 be subject to release under the Freedom of Information |
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| 144 | + | 3 Act. |
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| 145 | + | 4 (3) Information provided under this Section shall only |
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| 146 | + | 5 be used by the State Treasurer for the Program and shall |
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| 147 | + | 6 not be used for any other purpose. |
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| 148 | + | 7 (4) The State Treasurer and any vendors working on the |
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| 149 | + | 8 Program shall maintain strict confidentiality of any |
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| 150 | + | 9 information provided under this Section, and shall |
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| 151 | + | 10 promptly provide written or electronic notice to the |
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| 152 | + | 11 providing agency of any security breach. The providing |
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| 153 | + | 12 State or local government agency shall remain the sole and |
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| 154 | + | 13 exclusive owner of information provided under this |
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| 155 | + | 14 Section. |
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| 156 | + | 15 (d) Seed funds. After receiving information on recent |
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| 157 | + | 16 births, adoptions, or dependents from the Department of |
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| 158 | + | 17 Revenue, the Department of Public Health, or another State or |
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| 159 | + | 18 local government agency, the State Treasurer shall make |
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| 160 | + | 19 deposits into an omnibus account on behalf of eligible |
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| 161 | + | 20 children. The State Treasurer shall be the owner of the |
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| 162 | + | 21 omnibus accounts. |
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| 163 | + | 22 (1) Deposit amount. The seed fund deposit for each |
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| 164 | + | 23 eligible child shall be in the amount of $50. This amount |
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| 165 | + | 24 may be increased by the State Treasurer by rule. The State |
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| 166 | + | 25 Treasurer may use or deposit funds appropriated by the |
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| 167 | + | 26 General Assembly together with moneys received as gifts, |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | |
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| 172 | + | |
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| 175 | + | |
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| 178 | + | 1 grants, or contributions into the Fund. If insufficient |
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| 179 | + | 2 funds are available in the Fund, the State Treasurer may |
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| 180 | + | 3 reduce the deposit amount or forego deposits. |
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| 181 | + | 4 (2) Use of seed funds. Seed funds, including any |
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| 182 | + | 5 interest, dividends, and other earnings accrued, will be |
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| 183 | + | 6 eligible for use by a beneficiary for qualified higher |
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| 184 | + | 7 education expenses if: |
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| 185 | + | 8 (A) the parent or guardian of the eligible child |
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| 186 | + | 9 claimed the seed funds for the beneficiary by the |
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| 187 | + | 10 beneficiary's 10th birthday; |
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| 188 | + | 11 (B) the beneficiary has completed secondary |
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| 189 | + | 12 education or has reached the age of 18; and |
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| 190 | + | 13 (C) the beneficiary is currently a resident of the |
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| 191 | + | 14 State of Illinois. Non-residents are not eligible to |
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| 192 | + | 15 claim or use seed funds. |
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| 193 | + | 16 (3) Notice of seed fund availability. The State |
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| 194 | + | 17 Treasurer shall make a good faith effort to notify |
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| 195 | + | 18 beneficiaries and their parents or legal guardians of the |
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| 196 | + | 19 seed funds' availability and the deadline to claim such |
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| 197 | + | 20 funds. |
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| 198 | + | 21 (4) Unclaimed seed funds. Seed funds and any interest |
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| 199 | + | 22 earnings that are unclaimed by the beneficiary's 10th |
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| 200 | + | 23 birthday or unused by the beneficiary's 26th birthday will |
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| 201 | + | 24 be considered forfeited. Unclaimed and unused seed funds |
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| 202 | + | 25 and any interest earnings will remain in the omnibus |
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| 203 | + | 26 account for future beneficiaries. |
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| 204 | + | |
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| 205 | + | |
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| 207 | + | |
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| 208 | + | |
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| 211 | + | |
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| 214 | + | 1 (e) Financial education. The State Treasurer may develop |
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| 215 | + | 2 educational materials that support the financial literacy of |
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| 216 | + | 3 beneficiaries and their legal guardians, and may do so in |
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| 217 | + | 4 collaboration with State and federal agencies, including, but |
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| 218 | + | 5 not limited to, the Illinois State Board of Education and |
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| 219 | + | 6 existing nonprofit agencies with expertise in financial |
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| 220 | + | 7 literacy and education. |
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| 221 | + | 8 (f) Supplementary deposits and partnerships. The State |
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| 222 | + | 9 Treasurer may make supplementary deposits to children in |
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| 223 | + | 10 financially insecure households if sufficient funds are |
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| 224 | + | 11 available and if funds are deposited into the omnibus accounts |
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| 225 | + | 12 as described in subsection (d). Subject to appropriation, the |
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| 226 | + | 13 State Treasurer may make supplementary deposits of $50, or |
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| 227 | + | 14 greater if designated by the State Treasurer by rule, into the |
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| 228 | + | 15 account of each beneficiary whose parent or legal guardian has |
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| 229 | + | 16 an adjusted gross income below the Illinois median household |
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| 230 | + | 17 income as determined by the most recent U.S. Census Bureau |
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| 231 | + | 18 American Community Survey 5-Year Data for the previous |
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| 232 | + | 19 calendar year. The supplementary deposits shall be limited to |
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| 233 | + | 20 one deposit per beneficiary. Furthermore, the State Treasurer |
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| 234 | + | 21 may develop partnerships with private, nonprofit, or |
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| 235 | + | 22 governmental organizations to provide additional savings |
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| 236 | + | 23 incentives, including conditional cash transfers or matching |
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| 237 | + | 24 contributions that provide a savings incentive based on |
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| 238 | + | 25 specific actions taken or other criteria. |
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| 239 | + | 26 (g) Illinois Higher Education Savings Program Fund. The |
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| 240 | + | |
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| 241 | + | |
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| 242 | + | |
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| 243 | + | |
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| 244 | + | |
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| 249 | + | HB4720 Enrolled - 8 - LRB103 37881 SPS 68012 b |
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| 250 | + | 1 Illinois Higher Education Savings Program Fund is hereby |
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| 251 | + | 2 established as a special fund in the State treasury. The Fund |
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| 252 | + | 3 shall be the official repository of all contributions, |
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| 253 | + | 4 appropriated funds, interest, and dividend payments, gifts, or |
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| 254 | + | 5 other financial assets received by the State Treasurer in |
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| 255 | + | 6 connection with the operation of the Program or related |
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| 256 | + | 7 partnerships. All such moneys shall be deposited into the Fund |
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| 257 | + | 8 and held by the State Treasurer as custodian thereof. The |
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| 258 | + | 9 State Treasurer may accept gifts, grants, awards, matching |
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| 259 | + | 10 contributions, interest income, and appropriated funds from |
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| 260 | + | 11 individuals, businesses, governments, and other third-party |
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| 261 | + | 12 sources to implement the Program on terms that the Treasurer |
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| 262 | + | 13 deems advisable. All interest or other earnings accruing or |
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| 263 | + | 14 received on amounts in the Illinois Higher Education Savings |
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| 264 | + | 15 Program Fund shall be credited to and retained by the Fund and |
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| 265 | + | 16 used for the benefit of the Program. Assets of the Fund must at |
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| 266 | + | 17 all times be preserved, invested, and expended only for the |
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| 267 | + | 18 purposes of the Program and must be held for the benefit of the |
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| 268 | + | 19 beneficiaries. Assets may not be transferred or used by the |
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| 269 | + | 20 State or the State Treasurer for any purposes other than the |
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| 270 | + | 21 purposes of the Program. In addition, no moneys, interest, or |
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| 271 | + | 22 other earnings paid into the Fund shall be used, temporarily |
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| 272 | + | 23 or otherwise, for inter-fund borrowing or be otherwise used or |
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| 273 | + | 24 appropriated except as expressly authorized by this Act. |
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| 274 | + | 25 Notwithstanding the requirements of this subsection (g), |
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| 275 | + | 26 amounts in the Fund may be used by the State Treasurer to pay |
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| 276 | + | |
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| 277 | + | |
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| 278 | + | |
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| 279 | + | |
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| 280 | + | |
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| 286 | + | 1 the administrative costs of the Program. |
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| 287 | + | 2 (g-5) Fund deposits and payments. On July 15 of each year, |
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| 288 | + | 3 beginning July 15, 2023, or as soon thereafter as practical, |
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| 289 | + | 4 the State Comptroller shall direct and the State Treasurer |
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| 290 | + | 5 shall transfer the sum of $2,500,000, or the amount that is |
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| 291 | + | 6 appropriated annually by the General Assembly, whichever is |
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| 292 | + | 7 greater, from the General Revenue Fund to the Illinois Higher |
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| 293 | + | 8 Education Savings Program Fund to be used for the |
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| 294 | + | 9 administration and operation of the Program. |
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| 295 | + | 10 (h) Audits and reports. The State Treasurer shall include |
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| 296 | + | 11 the Illinois Higher Education Savings Program as part of the |
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| 297 | + | 12 audit of the College Savings Pool described in Section 16.5. |
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| 298 | + | 13 The State Treasurer shall annually prepare a report that |
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| 299 | + | 14 includes a summary of the Program operations for the preceding |
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| 300 | + | 15 fiscal year, including the number of children enrolled in the |
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| 301 | + | 16 Program, the total amount of seed fund deposits, the rate of |
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| 302 | + | 17 seed deposits claimed, and, to the extent data is reported and |
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| 303 | + | 18 available, the racial, ethnic, socioeconomic, and geographic |
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| 304 | + | 19 data of beneficiaries and of children in financially insecure |
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| 305 | + | 20 households who may receive automatic bonus deposits. Such |
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| 306 | + | 21 other information that is relevant to make a full disclosure |
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| 307 | + | 22 of the operations of the Program and Fund may also be reported. |
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| 308 | + | 23 The report shall be made available on the Treasurer's website |
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| 309 | + | 24 by January 31 each year, starting in January of 2024. The State |
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| 310 | + | 25 Treasurer may include the Program in other reports as |
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| 311 | + | 26 warranted. |
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| 312 | + | |
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| 313 | + | |
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| 314 | + | |
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| 315 | + | |
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| 316 | + | |
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| 317 | + | HB4720 Enrolled - 9 - LRB103 37881 SPS 68012 b |
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| 318 | + | |
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| 319 | + | |
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| 320 | + | HB4720 Enrolled- 10 -LRB103 37881 SPS 68012 b HB4720 Enrolled - 10 - LRB103 37881 SPS 68012 b |
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| 321 | + | HB4720 Enrolled - 10 - LRB103 37881 SPS 68012 b |
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| 322 | + | 1 (i) Rules. The State Treasurer may adopt rules necessary |
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| 323 | + | 2 to implement this Section. |
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| 324 | + | 3 (Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21; |
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| 325 | + | 4 102-1047, eff. 1-1-23; 103-8, eff. 6-7-23.) |
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| 326 | + | |
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| 327 | + | |
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| 328 | + | |
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| 329 | + | |
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| 330 | + | |
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| 331 | + | HB4720 Enrolled - 10 - LRB103 37881 SPS 68012 b |
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