HB3269 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3269

 

Introduced 2/24/2011, by Rep. Wayne Rosenthal - Michael Unes - Dwight Kay - Jason Barickman - Kay Hatcher, et al.

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 947/40
110 ILCS 947/45

    Amends the Higher Education Student Assistance Act. With respect to Illinois Veteran grants and Illinois National Guard and Naval Militia grants, provides that a person who otherwise qualifies for a grant may relinquish his or her entitlement to the grant and instead transfer that entitlement to his or her spouse, natural child, legally adopted child, or step-child. Effective July 1, 2011.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Higher Education Student Assistance Act is
5amended by changing Sections 40 and 45 as follows:
 
6    (110 ILCS 947/40)
7    Sec. 40. Illinois Veteran grant program.
8    (a) As used in this Section:
9    "Qualified applicant" means a person who served in the
10Armed Forces of the United States, a Reserve component of the
11Armed Forces, or the Illinois National Guard, excluding members
12of the Reserve Officers' Training Corps and those whose only
13service has been attendance at a service academy, and who meets
14all of the following qualifications:
15        (1) At the time of entering federal active duty service
16    the person was one of the following:
17            (A) An Illinois resident.
18            (B) An Illinois resident within 6 months of
19        entering such service.
20            (C) Enrolled at a State-controlled university or
21        public community college in this State.
22        (2) The person meets one of the following requirements:
23            (A) He or she served at least one year of federal

 

 

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1        active duty.
2            (B) He or she served less than one year of federal
3        active duty and received an honorable discharge for
4        medical reasons directly connected with such service.
5            (C) He or she served less than one year of federal
6        active duty and was discharged prior to August 11,
7        1967.
8            (D) He or she served less than one year of federal
9        active duty in a foreign country during a time of
10        hostilities in that foreign country.
11        (3) The person received an honorable discharge after
12    leaving each period of federal active duty service.
13        (4) The person returned to this State within 6 months
14    after leaving federal active duty service, or, if married
15    to a person in continued military service stationed outside
16    this State, returned to this State within 6 months after
17    his or her spouse left service or was stationed within this
18    State.
19    "Time of hostilities" means any action by the Armed Forces
20of the United States that is recognized by the issuance of a
21Presidential proclamation or a Presidential executive order
22and in which the Armed Forces expeditionary medal or other
23campaign service medals are awarded according to Presidential
24executive order.
25    (b) A person who otherwise qualifies under subsection (a)
26of this Section but has not left federal active duty service

 

 

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1and has served at least one year of federal active duty or has
2served for less than one year of federal active duty in a
3foreign country during a time of hostilities in that foreign
4country and who can provide documentation demonstrating an
5honorable service record is eligible to receive assistance
6under this Section.
7    (b-5) A person who otherwise qualifies for a grant under
8subsection (a) or (b) of this Section and who elects not to
9utilize the Illinois Veteran Grant program or any federal
10program that provides tuition payments or assistance to
11veterans may relinquish his or her entitlement to the grant and
12instead transfer that entitlement to his or her spouse, natural
13child, legally adopted child, or step-child.
14    (c) A qualified applicant is not required to pay any
15tuition or mandatory fees while attending a State-controlled
16university or public community college in this State for a
17period that is equivalent to 4 years of full-time enrollment,
18including summer terms.
19    A qualified applicant who has previously received benefits
20under this Section for a non-mandatory fee shall continue to
21receive benefits covering such fees while he or she is enrolled
22in a continuous program of study. The qualified applicant shall
23no longer receive a grant covering non-mandatory fees if he or
24she fails to enroll during an academic term, unless he or she
25is serving federal active duty service.
26    (d) A qualified applicant who has been or is to be awarded

 

 

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1assistance under this Section shall receive that assistance if
2the qualified applicant notifies his or her postsecondary
3institution of that fact by the end of the school term for
4which assistance is requested.
5    (e) Assistance under this Section is considered an
6entitlement that the State-controlled college or public
7community college in which the qualified applicant is enrolled
8shall honor without any condition other than the qualified
9applicant's maintenance of minimum grade levels and a
10satisfactory student loan repayment record pursuant to
11subsection (c) of Section 20 of this Act.
12    (f) The Commission shall administer the grant program
13established by this Section and shall make all necessary and
14proper rules not inconsistent with this Section for its
15effective implementation.
16    (g) All applications for assistance under this Section must
17be made to the Commission on forms that the Commission shall
18provide. The Commission shall determine the form of application
19and the information required to be set forth in the
20application, and the Commission shall require qualified
21applicants to submit with their applications any supporting
22documents that the Commission deems necessary. Upon request,
23the Department of Veterans' Affairs shall assist the Commission
24in determining the eligibility of applicants for assistance
25under this Section.
26    (h) Assistance under this Section is available as long as

 

 

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1the federal government provides educational benefits to
2veterans. Assistance must not be paid under this Section after
36 months following the termination of educational benefits to
4veterans by the federal government, except for persons who
5already have begun their education with assistance under this
6Section. If the federal government terminates educational
7benefits to veterans and at a later time resumes those
8benefits, assistance under this Section shall resume.
9(Source: P.A. 94-583, eff. 8-15-05.)
 
10    (110 ILCS 947/45)
11    Sec. 45. Illinois National Guard and Naval Militia grant
12program.
13    (a) As used in this Section:
14    "State controlled university or community college" means
15those institutions under the administration of the Chicago
16State University Board of Trustees, the Eastern Illinois
17University Board of Trustees, the Governors State University
18Board of Trustees, the Illinois State University Board of
19Trustees, the Northeastern Illinois University Board of
20Trustees, the Northern Illinois University Board of Trustees,
21the Western Illinois University Board of Trustees, Southern
22Illinois University Board of Trustees, University of Illinois
23Board of Trustees, or the Illinois Community College Board.
24    "Tuition and fees" shall not include expenses for any
25sectarian or denominational instruction, the construction or

 

 

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1maintenance of sectarian or denominational facilities, or any
2other sectarian or denominational purposes or activity.
3    "Fees" means matriculation, graduation, activity, term, or
4incidental fees. Exemption shall not be granted from any other
5fees, including book rental, service, laboratory, supply, and
6union building fees, hospital and medical insurance fees, and
7any fees established for the operation and maintenance of
8buildings, the income of which is pledged to the payment of
9interest and principal on bonds issued by the governing board
10of any university or community college.
11    (b) Any person who has served at least one year in the
12Illinois National Guard or the Illinois Naval Militia and who
13possesses all necessary entrance requirements shall, upon
14application and proper proof, be awarded a grant to the
15State-controlled university or community college of his or her
16choice, consisting of exemption from tuition and fees for not
17more than the equivalent of 4 years of full-time enrollment,
18including summer terms, in relation to his or her course of
19study at that State controlled university or community college
20while he or she is a member of the Illinois National Guard or
21the Illinois Naval Militia. Except as otherwise provided in
22this Section, if the recipient of any grant awarded under this
23Section ceases to be a member of the Illinois National Guard or
24the Illinois Naval Militia while enrolled in a course of study
25under that grant, the grant shall be terminated as of the date
26membership in the Illinois National Guard or the Illinois Naval

 

 

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1Militia ended, and the recipient shall be permitted to complete
2the school term in which he or she is then enrolled only upon
3payment of tuition and other fees allocable to the part of the
4term then remaining. If the recipient of a grant awarded under
5this Section ceases to be a member of the Illinois National
6Guard or the Illinois Naval Militia while enrolled in a course
7of study under that grant but (i) has served in the Illinois
8National Guard or the Illinois Naval Militia for at least 5
9years and (ii) has served a cumulative total of at least 6
10months of active duty, then that recipient shall continue to be
11eligible for a grant for one year after membership in the
12Illinois National Guard or the Illinois Naval Militia ended,
13provided that the recipient has not already received the
14exemption from tuition and fees for the equivalent of 4 years
15of full-time enrollment, including summer terms, under this
16Section. If the recipient of the grant fails to complete his or
17her military service obligations or requirements for
18satisfactory participation, the Department of Military Affairs
19shall require the recipient to repay the amount of the grant
20received, prorated according to the fraction of the service
21obligation not completed, and, if applicable, reasonable
22collection fees. The Department of Military Affairs may adopt
23rules relating to its collection activities for repayment of
24the grant under this Section. Unsatisfactory participation
25shall be defined by rules adopted by the Department of Military
26Affairs. Repayments shall be deposited in the National Guard

 

 

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1and Naval Militia Grant Fund. The National Guard and Naval
2Militia Grant Fund is created as a special fund in the State
3treasury. All money in the National Guard and Naval Militia
4Grant Fund shall be used, subject to appropriation, by the
5Illinois Student Assistance Commission for the purposes of this
6Section.
7    A grant awarded under this Section shall be considered an
8entitlement which the State-controlled university or community
9college in which the holder is enrolled shall honor without any
10condition other than the holder's maintenance of minimum grade
11levels and a satisfactory student loan repayment record
12pursuant to subsection (c) of Section 20 of this Act.
13    (c) Subject to a separate appropriation for such purposes,
14the Commission may reimburse the State-controlled university
15or community college for grants authorized by this Section.
16    (d) A person who otherwise qualifies for a grant under
17subsection (b) of this Section may relinquish his or her
18entitlement to the grant and instead transfer that entitlement
19to his or her spouse, natural child, legally adopted child, or
20step-child.
21(Source: P.A. 93-838, eff. 7-30-04; 93-856, eff. 8-3-04;
2294-583, eff. 8-15-05; 94-1020, eff. 7-11-06.)
 
23    Section 99. Effective date. This Act takes effect July 1,
242011.