SB3762 102ND GENERAL ASSEMBLY

LRB102 23220 KTG 32384 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3762

Introduced 1/21/2022, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

105 ILCS 5/30-14.2	from Ch. 122, par. 30-14.2
330 ILCS 105/0.01	from Ch. 126 1/2, par. 25.9
330 ILCS 105/1	from Ch. 126 1/2, par. 26
330 ILCS 105/2	from Ch. 126 1/2, par. 27

Amends the School Code. Provides that any spouse, natural child, legally adopted child under the age of 18 at the time of adoption, minor child younger than 18 who is under a court-ordered guardianship for at least 2 continuous years prior to application, or step-child under the age of 18 at the time of marriage of an eligible veteran or serviceperson shall, upon application and proper proof, be awarded a MIA/POW Scholarship. Provides that the holder of a MIA/POW Scholarship shall not be required to pay any tuition or mandatory fees while attending a State-controlled university or public community college in this State for a period equivalent to 4 years of enrollment, including summer terms. Amends the Children of Deceased Veterans Act. Changes the name of the Act to the Deceased, Disabled, and MIA/POW Veterans' Dependents Educational Opportunity Grant Act. Requires the Illinois Department of Veterans' Affairs to provide, subject to appropriation, for matriculation and tuition fees, board, room rent, books and supplies for the use and benefit of any natural child, adopted child, minor child who is under a court-ordered guardianship for at least 2 continuous years prior to application, or step-child of an eligible veteran or serviceperson, if the child is not under 10 and not over 18 years of age. Requires the child to provide proof of compliance with Illinois compulsory attendance requirements as provided under the School Code. Defines "eligible veteran or service person". Requires the Department to adopt rules on how to render payments to eligible minor children of deceased veterans or servicepersons. Effective immediately.

A BILL FOR

AN ACT concerning veterans.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 30-14.2 as follows:

(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)

Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans' Dependents scholarship scholarships.

(a) Any spouse, natural child, legally adopted child under the age of 18 at the time of adoption, minor child younger than 18 who is under a court-ordered guardianship for at least 2 continuous years prior to application, or step-child under the age of 18 at the time of marriage of an eligible veteran or serviceperson who possesses all necessary entrance requirements shall, upon application and proper proof, be awarded a MIA/POW Scholarship consisting of the equivalent of 4 calendar years of full-time enrollment including summer terms, to the state supported Illinois institution of higher learning of his choice, subject to the restrictions listed below.

"Eligible veteran or serviceperson" means any veteran or serviceperson, including an Illinois National Guard member who is on active duty or is active on a training assignment, who has been declared by the U.S. Department of Defense or the U.S. Department of Veterans Affairs to be a prisoner of war or , be missing in action, or has have died as the result of a service-connected disability or has have become a person with a permanent disability from service-connected causes with 100% disability and who (i) at the time of entering service was an Illinois resident, or (ii) was an Illinois resident within 6 months after entering such service, or (iii) is a resident of Illinois at the time of application for the Scholarship and, at some point after entering leaving such service, was a resident of Illinois for at least 15 consecutive years.

Full-time enrollment means 12 or more semester hours of courses per semester, or 12 or more quarter hours of courses per quarter, or the equivalent thereof per term. Scholarships utilized by dependents enrolled in less than full-time study shall be computed in the proportion which the number of hours so carried bears to full-time enrollment.

Scholarships awarded under this Section may be used by a spouse or child without regard to his or her age. The holder of a Scholarship awarded under this Section shall be subject to all examinations and academic standards, including the maintenance of minimum grade levels, that are applicable generally to other enrolled students at the Illinois institution of higher learning where the Scholarship is being used. If the surviving spouse remarries or if there is a divorce between the veteran or serviceperson and his or her spouse while the dependent is pursuing his or her course of study, Scholarship benefits will be terminated at the end of the term for which he or she is presently enrolled. Such dependents shall also be entitled, upon proper proof and application, to enroll in any extension course offered by a State supported Illinois institution of higher learning without payment of tuition and approved fees.

The holder of a MIA/POW Scholarship authorized under this Section shall not be required to pay any tuition or mandatory fees while attending a State-controlled university or public community college in this State for a period equivalent to 4 years of enrollment, including summer terms 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 dependent who has been or shall be awarded a MIA/POW Scholarship shall be reimbursed by the appropriate institution of higher learning for any fees which he or she has paid and for which exemption is granted under this Section if application for reimbursement is made within 2 months following the end of the school term for which the fees were paid.

(b) In lieu of the benefit provided in subsection (a), any spouse, natural child, legally adopted child, or step-child of an eligible veteran or serviceperson, which spouse or child has a physical, mental or developmental disability, shall be entitled to receive, upon application and proper proof, a benefit to be used for the purpose of defraying the cost of the attendance or treatment of such spouse or child at one or more appropriate therapeutic, rehabilitative or educational facilities. The application and proof may be made by the parent or legal guardian of the spouse or child on his or her behalf.

The total benefit provided to any beneficiary under this subsection shall not exceed the cost equivalent of 4 calendar years of full-time enrollment, including summer terms, at the University of Illinois. Whenever practicable in the opinion of the Department of Veterans' Affairs, payment of benefits under this subsection shall be made directly to the facility, the cost of attendance or treatment at which is being defrayed, as such costs accrue.

(c) The benefits of this Section shall be administered by and paid for out of funds made available to the Illinois Department of Veterans' Affairs. The amounts that become due to any state supported Illinois institution of higher learning shall be payable by the Comptroller to such institution on vouchers approved by the Illinois Department of Veterans' Affairs. The amounts that become due under subsection (b) of this Section shall be payable by warrant upon vouchers issued by the Illinois Department of Veterans' Affairs and approved by the Comptroller. The Illinois Department of Veterans' Affairs shall determine the eligibility of the persons who make application for the benefits provided for in this Section.

(Source: P.A. 100-201, eff. 8-18-17; 101-334, eff. 8-9-19.)

Section 10. The Children of Deceased Veterans Act is amended by changing Sections 0.01, 1, and 2 as follows:

(330 ILCS 105/0.01) (from Ch. 126 1/2, par. 25.9)

Sec. 0.01. Short title. This Act may be cited as the Deceased, Disabled, and MIA/POW Veterans' Dependents Educational Opportunity Grant Act Children of Deceased Veterans Act.

(Source: P.A. 86-1324.)

(330 ILCS 105/1) (from Ch. 126 1/2, par. 26)

Sec. 1. The Illinois Department of Veterans' Affairs shall provide, insofar as moneys are appropriated for those purposes, for matriculation and tuition fees, board, room rent, books and supplies for the use and benefit of any natural child, adopted child, minor child who is under a court-ordered guardianship for at least 2 continuous years prior to application, or step-child of an eligible veteran or serviceperson, if the child is children, not under 10 and not over 18 years of age, except extension of time may be granted for a child to complete high school but in no event beyond the 19th birthday, who has who have for 12 months immediately preceding his or her their application for these benefits had his or her their domicile in the State of Illinois. The child must provide proof of compliance with Illinois compulsory attendance requirements as provided in Section 26-1 of the School Code.

"Eligible veteran or serviceperson" means any veteran or serviceperson, including an Illinois National Guard member, who is on active duty or is active on a training assignment, who has been declared by the U.S. Department of Defense or the U.S. Department of Veterans Affairs to be a prisoner of war or missing in action, or has died as the result of a service-connected disability, or has become a person with a permanent disability from service-connected causes with 100% disability and who (i) at the time of entering service was an Illinois resident, or (ii) was an Illinois resident within 6 months after entering such service, or (iii) is a resident of Illinois at the time of application for the grant and, at some point after entering such service, was a resident of Illinois for at least 15 consecutive years. , of World War I veterans who were killed in action or who died between April 6, 1917, and July 2, 1921, and of World War II veterans who were killed in action or died after December 6, 1941, and on or before December 31, 1946, and of Korean conflict veterans who were killed in action or died between June 27, 1950 and January 31, 1955, and of Vietnam conflict veterans who were killed in action or died between January 1, 1961 and May 7, 1975, as a result of service in the Armed Forces of the United States or from other causes of World War I, World War II, the Korean conflict or the Vietnam conflict, who died, whether before or after the cessation of hostilities, from service-connected disability, and of any veterans who died during the induction periods specified below or died of a service-connected disability incurred during such induction periods, such periods to be those beginning September 16, 1940, and ending December 6, 1941, and beginning January 1, 1947 and ending June 26, 1950 and the period beginning February 1, 1955, and ending on the day before the first day thereafter on which individuals (other than individuals liable for induction by reason of prior deferment) are no longer liable for induction for training and service into the Armed Forces under the Universal Military Training and Service Act, and beginning January 1, 1961 and ending May 7, 1975 and of any veterans who are persons with a total and permanent disability as a result of a service-connected disability (or who died while a disability so evaluated was in existence); which children are attending or may attend a state or private educational institution of elementary or high school grade or a business college, vocational training school, or other educational institution in this State where courses of instruction are provided in subjects which would tend to enable such children to engage in any useful trade, occupation or profession. As used in this Act "service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the performance of active duty or active duty for training in the military services. Such children shall be admitted to state educational institutions free of tuition. No more than $250.00 may be paid under this Act for any one child for any one school year.

(Source: P.A. 99-143, eff. 7-27-15.)

(330 ILCS 105/2) (from Ch. 126 1/2, par. 27)

Sec. 2. The amounts that become due to any educational or training institution, or any child under this Act, not in excess of the amount specified in Section 1 of this Act, shall be payable to such institution or school or child or, if such child is a minor, to the eligible veteran or serviceperson his parent or guardian on vouchers approved by the Illinois Department of Veterans' Affairs. The Illinois Department of Veterans' Affairs shall adopt rules on how to render payments to eligible minor children of deceased veterans or servicepersons. The Such Department shall determine the eligibility of the children who make application for the benefits provided for in this Act; and satisfy itself of the attendance of such children at any such institution or school and of the accuracy and reasonableness of the charge or charges submitted, on account of the attendance thereat of any such children.

(Source: P.A. 85-1440.)

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