Public Act 098-0314
 
SB2229 EnrolledLRB098 09293 RPM 39433 b


  
    AN ACT concerning higher 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 Section 45 as follows:
 



    (110 ILCS 947/45)



    Sec. 45. Illinois National Guard and Naval Militia 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 person who has served at least one
year in the

Illinois National Guard or the Illinois Naval Militia 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 or 
the Illinois Naval Militia. Beginning with the 2013-2014 
academic year, any person who has served over 10 years in the 
Illinois National Guard shall be awarded an additional grant to 
the State-controlled university or community college of his or 
her choice, consisting of an exemption from tuition and fees 
for not more than the equivalent of an additional 2 years of 
full-time enrollment, including summer terms.  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 or the Illinois Naval Militia 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 or the Illinois Naval Militia 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 or 
the Illinois Naval Militia while enrolled in a course of study 
under that grant but (i) has served in the Illinois National 
Guard or the Illinois Naval Militia 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 or the Illinois Naval Militia 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 
and Naval Militia Grant Fund.  The National Guard and Naval 
Militia Grant Fund is created as
a special fund in the State 
treasury.  All money in the National Guard and Naval Militia

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. 93-838, eff. 7-30-04; 93-856, eff. 8-3-04; 
94-583, eff. 8-15-05; 94-1020, eff. 7-11-06.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.