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Public Act 094-0583


 

Public Act 0583 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0583
 
HB0815 Enrolled LRB094 07240 RAS 37396 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Higher Education Student Assistance Act is
amended by changing Sections 40 and 45 as follows:
 
    (110 ILCS 947/40)
    Sec. 40. Illinois Veteran grant program.
    (a) As used in this Section:
    "Qualified applicant" means a person who served in the
Armed Forces of the United States, a Reserve component of the
Armed Forces, or the Illinois National Guard, excluding members
of the Reserve Officers' Training Corps and those whose only
service has been attendance at a service academy, and who meets
all of the following qualifications:
        (1) At the time of entering federal active duty service
    the person was one of the following:
            (A) An Illinois resident.
            (B) An Illinois resident within 6 months of
        entering such service.
            (C) Enrolled at a State-controlled university or
        public community college in this State.
        (2) The person meets one of the following requirements:
            (A) He or she served at least one year of federal
        active duty.
            (B) He or she served less than one year of federal
        active duty and received an honorable discharge for
        medical reasons directly connected with such service.
            (C) He or she served less than one year of federal
        active duty and was discharged prior to August 11,
        1967.
            (D) He or she served less than one year of federal
        active duty in a foreign country during a time of
        hostilities in that foreign country.
        (3) The person received an honorable discharge after
    leaving each period of federal active duty service.
        (4) The person returned to this State within 6 months
    after leaving federal active duty service, or, if married
    to a person in continued military service stationed outside
    this State, returned to this State within 6 months after
    his or her spouse left service or was stationed within this
    State.
    "Time of hostilities" means any action by the Armed Forces
of the United States that is recognized by the issuance of a
Presidential proclamation or a Presidential executive order
and in which the Armed Forces expeditionary medal or other
campaign service medals are awarded according to Presidential
executive order.
    (b) A person who otherwise qualifies under subsection (a)
of this Section but has not left federal active duty service
and has served at least one year of federal active duty or has
served for less than one year of federal active duty in a
foreign country during a time of hostilities in that foreign
country and who can provide documentation demonstrating an
honorable service record is eligible to receive assistance
under this Section.
    (c) A qualified applicant is not required to pay any
tuition or mandatory fees while attending a State-controlled
university or public community college in this State for a
period that is equivalent to 4 years of full-time enrollment,
including summer terms.
    A qualified applicant who has previously received benefits
under this Section for a non-mandatory fee shall continue to
receive benefits covering such fees while he or she is enrolled
in a continuous program of study. The qualified applicant shall
no longer receive a grant covering non-mandatory fees if he or
she fails to enroll during an academic term, unless he or she
is serving federal active duty service.
    (d) A qualified applicant who has been or is to be awarded
assistance under this Section shall receive that assistance if
the qualified applicant notifies his or her postsecondary
institution of that fact by the end of the school term for
which assistance is requested.
    (e) Assistance under this Section is considered an
entitlement that the State-controlled college or public
community college in which the qualified applicant is enrolled
shall honor without any condition other than the qualified
applicant's maintenance of minimum grade levels and a
satisfactory student loan repayment record pursuant to
subsection (c) of Section 20 of this Act.
    (f) The Commission shall administer the grant program
established by this Section and shall make all necessary and
proper rules not inconsistent with this Section for its
effective implementation.
    (g) All applications for assistance under this Section must
be made to the Commission on forms that the Commission shall
provide. The Commission shall determine the form of application
and the information required to be set forth in the
application, and the Commission shall require qualified
applicants to submit with their applications any supporting
documents that the Commission deems necessary. Upon request,
the Department of Veterans' Affairs shall assist the Commission
in determining the eligibility of applicants for assistance
under this Section.
    (h) Assistance under this Section is available as long as
the federal government provides educational benefits to
veterans. Assistance must not be paid under this Section after
6 months following the termination of educational benefits to
veterans by the federal government, except for persons who
already have begun their education with assistance under this
Section. If the federal government terminates educational
benefits to veterans and at a later time resumes those
benefits, assistance under this Section shall resume. Any
person who served in the armed forces of the United States, not
including members of the Student Army Training Corps, who at
the time of entering service was an Illinois resident or was an
Illinois resident within 6 months of entering such service, and
who returned to Illinois within 6 months after leaving service
or, if married to a person in continued military service
stationed outside Illinois, within 6 months after his or her
spouse has left service or has been stationed within Illinois,
and who has been honorably discharged from such service, and
who possesses all necessary entrance requirements shall,
except as otherwise provided in this Act, upon application and
proper proof, be awarded an Illinois Veteran Grant consisting
of the equivalent of 4 calendar years of full-time enrollment,
including summer terms, to the State-controlled college or
university or community college of his choice. Such veterans
shall also be entitled, upon proper proof and application, to
enroll in any extension course offered by a State-controlled
college or university or community college without the payment
of tuition or fees.
    Any veteran who so served, and who, at the time of entering
such service, was a student at a State-controlled college or
university or community college, and who was honorably
discharged from such service, shall, upon application and
proper proof be awarded a Veteran Grant entitling him to
complete his course of study at any State-controlled college or
university or community college of his choice, but shall not be
entitled to a grant consisting of more than the equivalent of 4
calendar years of full-time enrollment including summer
sessions.
    Any member of the armed forces of the United States who
either (i) has served in such armed forces at least one year,
or (ii) has served in the armed forces of the United States for
less than one year in a time of hostilities in a foreign
country, and who would be qualified for a grant under this
Section if he had been discharged from such service shall be
eligible to receive a Veteran Grant under this Section.
    The holder of a Veteran Grant to the State-controlled
college or university or community college of his choice as
authorized under this Section shall not be required to pay any
matriculation or application fees, tuition, activities fees,
graduation fees, or other fees except multipurpose building
fees or similar fees for supplies and materials.
    Any veteran who has been or shall be awarded a Veteran
Grant shall be reimbursed by the appropriate college,
university, or community college for any fees which he has paid
and for which exemption is granted under this Section, if
application for reimbursement is made within 2 months following
the school term for which the fees were paid.
    A Veteran Grant shall be considered an entitlement which
the State-controlled college or university or community
college in which the holder is enrolled shall honor without any
condition other than the holder's maintenance of minimum grade
levels and a satisfactory student loan repayment record
pursuant to subsection (c) of Section 20.
    A grant authorized under this Section shall not be awarded
to veterans who received a discharge from the armed forces of
the United States under dishonorable conditions, or to any
veteran whose service with the armed forces was for less than
one year unless he received an honorable discharge from such
service for medical reasons directly connected with such
service, except for those veterans discharged prior to August
11, 1967 whose service may be for less than one year, and
except for those veterans (i) who serve in the armed forces of
the United States for less than one year in a time of
hostilities in a foreign country and (ii) who receive an
honorable discharge.
    The amounts that become due to any State-controlled college
or university or community college shall be payable by the
Comptroller to that institution on vouchers approved by the
Commission. The Commission, or its designated representative
at that institution, shall determine the eligibility of the
persons who make application for the benefits provided for in
this Section. The Department of Veterans' Affairs shall assist
the Commission in determining the eligibility of applicants. On
July 29, 1986, the Illinois Department of Veterans' Affairs
shall transfer and deliver to the Commission all books,
records, papers, documents, applications and pending business
in any way pertaining to the duties, responsibilities and
authority theretofore exercised or performed by the Illinois
Department of Veterans' Affairs under and pursuant to Section
4.1 of the Department of Veterans Affairs Act.
    The benefits provided for in this Section shall be
available as long as the federal government provides
educational benefits to veterans. No benefits shall be paid
under this Section, except for veterans who already have begun
their education under this Section, after 6 months following
the termination of educational benefits to veterans by the
federal government. If the federal government terminates
educational benefits to veterans and at a later time resumes
those benefits, the benefits of this Section shall resume.
    As used in this Section, "time of hostilities in a foreign
country" means any action by the armed forces of the United
States that is recognized by the issuance of a Presidential
proclamation or a Presidential executive order and in which the
armed forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive order.
(Source: P.A. 90-752, eff. 8-14-98; 91-496, eff. 8-13-99.)
 
    (110 ILCS 947/45)
    Sec. 45. Illinois National Guard grant program.
    (a) As used in this Section:
    "State controlled university or community college" means
those institutions under the administration of the Chicago
State University Board of Trustees, the Eastern Illinois
University Board of Trustees, the Governors State University
Board of Trustees, the Illinois State University Board of
Trustees, the Northeastern Illinois University Board of
Trustees, the Northern Illinois University Board of Trustees,
the Western Illinois University Board of Trustees, Southern
Illinois University Board of Trustees, University of Illinois
Board of Trustees, or the Illinois Community College Board.
    "Tuition and fees" shall not include expenses for any
sectarian or denominational instruction, the construction or
maintenance of sectarian or denominational facilities, or any
other sectarian or denominational purposes or activity.
    "Fees" means matriculation, graduation, activity, term, or
incidental fees. Exemption shall not be granted from any other
fees, including book rental, service, laboratory, supply, and
union building fees, hospital and medical insurance fees, and
any fees established for the operation and maintenance of
buildings, the income of which is pledged to the payment of
interest and principal on bonds issued by the governing board
of any university or community college.
    (b) Any enlisted person or any company grade officer,
including warrant officers, First and Second Lieutenants, and
Captains in the Army and Air National Guard, who has served at
least one year in the Illinois National Guard and who possesses
all necessary entrance requirements shall, upon application
and proper proof, be awarded a grant to the State-controlled
university or community college of his or her choice,
consisting of exemption from tuition and fees for not more than
the equivalent of 4 years of full-time enrollment, including
summer terms, in relation to his or her course of study at that
State controlled university or community college while he or
she is a member of the Illinois National Guard. Except as
otherwise provided in this Section, if the recipient of any
grant awarded under this Section ceases to be a member of the
Illinois National Guard while enrolled in a course of study
under that grant, the grant shall be terminated as of the date
membership in the Illinois National Guard ended, and the
recipient shall be permitted to complete the school term in
which he or she is then enrolled only upon payment of tuition
and other fees allocable to the part of the term then
remaining. If the recipient of a grant awarded under this
Section ceases to be a member of the Illinois National Guard
while enrolled in a course of study under that grant but (i)
has served in the Illinois National Guard for at least 5 years
and (ii) has served a cumulative total of at least 6 months of
active duty, then that recipient shall continue to be eligible
for a grant for one year after membership in the Illinois
National Guard ended, provided that the recipient has not
already received the exemption from tuition and fees for the
equivalent of 4 years of full-time enrollment, including summer
terms, under this Section. If the recipient of the grant fails
to complete his or her military service obligations or
requirements for satisfactory participation, the Department of
Military Affairs shall require the recipient to repay the
amount of the grant received, prorated according to the
fraction of the service obligation not completed, and, if
applicable, reasonable collection fees. The Department of
Military Affairs may adopt rules relating to its collection
activities for repayment of the grant under this Section.
Unsatisfactory participation shall be defined by rules adopted
by the Department of Military Affairs. Repayments shall be
deposited in the National Guard Grant Fund. The National Guard
Grant Fund is created as a special fund in the State treasury.
All money in the National Guard Grant Fund shall be used,
subject to appropriation, by the Illinois Student Assistance
Commission for the purposes of this Section.
    A grant awarded under this Section shall be considered an
entitlement which the State-controlled university or community
college in which the holder is enrolled shall honor without any
condition other than the holder's maintenance of minimum grade
levels and a satisfactory student loan repayment record
pursuant to subsection (c) of Section 20 of this Act.
    (c) Subject to a separate appropriation for such purposes,
the Commission may reimburse the State-controlled university
or community college for grants authorized by this Section.
(Source: P.A. 92-589, eff. 7-1-02; 93-838, eff. 7-30-04;
93-856, eff. 8-3-04; revised 10-22-04.)
 
    Section 99. Effective date. This Act takes effect July 1,
2005.

Effective Date: 8/15/2005