HB2823ham001 103RD GENERAL ASSEMBLY

Rep. Aaron M. Ortiz

Filed: 3/22/2023

10300HB2823ham001 LRB103 29379 RJT 59493 a

AMENDMENT TO HOUSE BILL 2823

AMENDMENT NO. ______. Amend House Bill 2823 by replacing everything after the enacting clause with the following:

"Section 5. The University of Illinois Act is amended by changing Section 7e-5 as follows:

(110 ILCS 305/7e-5)

Sec. 7e-5. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board of Trustees shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board of Trustees shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 10. The Southern Illinois University Management Act is amended by changing Section 8d-5 as follows:

(110 ILCS 520/8d-5)

Sec. 8d-5. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 15. The Chicago State University Law is amended by changing Section 5-88 as follows:

(110 ILCS 660/5-88)

Sec. 5-88. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 20. The Eastern Illinois University Law is amended by changing Section 10-88 as follows:

(110 ILCS 665/10-88)

Sec. 10-88. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 25. The Governors State University Law is amended by changing Section 15-88 as follows:

(110 ILCS 670/15-88)

Sec. 15-88. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 30. The Illinois State University Law is amended by changing Section 20-88 as follows:

(110 ILCS 675/20-88)

Sec. 20-88. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 35. The Northeastern Illinois University Law is amended by changing Section 25-88 as follows:

(110 ILCS 680/25-88)

Sec. 25-88. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 40. The Northern Illinois University Law is amended by changing Section 30-88 as follows:

(110 ILCS 685/30-88)

Sec. 30-88. In-state tuition charge.

(a) Through the 2023-2024 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 45. The Western Illinois University Law is amended by changing Section 35-88 as follows:

(110 ILCS 690/35-88)

Sec. 35-88. In-state tuition charge.

(a) Through the 2023-24 academic year, notwithstanding Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) In the 2024-2025 academic year, and in every academic year thereafter, notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall, at a minimum, deem an individual, other than an excluded non-immigrant alien, an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual attended on campus and attained credits at any of the following institutions in this State:

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(2) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual is a current student or registering as an entering student in the University.

(4) The individual attests, if the individual is not a citizen or a lawful permanent resident of the United States, that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

As used in this subsection (a-5), "excluded non-immigrant alien" means any alien identified in subsection (a)(15)(F), (a)(15)(J), or (a)(15)(M) of Section 1101 of the Federal Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(F), (J), or (M)).

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

Section 50. The Higher Education Student Assistance Act is amended by changing Section 67 as follows:

(110 ILCS 947/67)

Sec. 67. Illinois DREAM Fund Commission.

(a) The Illinois Student Assistance Commission shall establish an Illinois DREAM Fund Commission. The Governor shall appoint, with the advice and consent of the Senate, members to the Illinois DREAM Fund Commission, which shall be comprised of 9 members representing the geographic and ethnic diversity of this State, including students, college and university administrators and faculty, and other individuals committed to advancing the educational opportunities of the children of immigrants.

(b) The Illinois DREAM Fund Commission is charged with all of the following responsibilities:

(1) Administering this Section and raising funds for the Illinois DREAM Fund.

(2) Establishing a not-for-profit entity charged with raising funds for the administration of this Section, any educational or training programs the Commission is tasked with administering, and funding scholarships to students who are the children of immigrants to the United States.

(3) Publicizing the availability of scholarships from the Illinois DREAM Fund.

(4) Selecting the recipients of scholarships funded through the Illinois DREAM Fund.

(5) Researching issues pertaining to the availability of assistance with the costs of higher education for the children of immigrants and other issues regarding access for and the performance of the children of immigrants within higher education.

(6) Overseeing implementation of the other provisions of this amendatory Act of the 97th General Assembly.

(7) Establishing and administering training programs for high school counselors and counselors, admissions officers, and financial aid officers of public institutions of higher education. The training programs shall instruct participants on the educational opportunities available to college-bound students who are the children of immigrants, including, but not limited to, in-state tuition and scholarship programs. The Illinois DREAM Fund Commission may also establish a public awareness campaign regarding educational opportunities available to college bound students who are the children of immigrants.

The Illinois DREAM Fund Commission shall establish, by rule, procedures for accepting and evaluating applications for scholarships from the children of immigrants and issuing scholarships to selected student applicants.

(c) To receive a scholarship under this Section, a student must meet all of the following qualifications:

(1) (Blank). Have resided with his or her parents or guardian while attending a public or private high school in this State.

(2) (Blank). Have graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(2.5) The individual satisfies any of the following:

(A) the individual graduated from a public or private high school or received the equivalent of a high school diploma in this State;

(B) the individual attained an associate degree from a community college campus organized under the Public Community College Act; or

(C) the individual completed a General Education Core Curriculum package under the Illinois Articulation Initiative Act for students transferring from a campus of a community college organized under the Public Community College Act.

(3) The individual attended on-campus and attained credits at any of the following institutions in this State: Have attended school in this State for at least 3 years as of the date he or she graduated from high school or received the equivalent of a high school diploma.

(A) a public or private elementary school;

(B) a public or private high school;

(C) an adult education program funded by the Community College Board under the Public Community College Act; or

(D) a community college campus organized under the Public Community College Act.

(4) Have at least one parent who immigrated to the United States.

(d) The Illinois Student Assistance Commission shall establish an Illinois DREAM Fund to provide scholarships under this Section. The Illinois DREAM Fund shall be funded entirely from private contributions.

(Source: P.A. 97-233, eff. 8-1-11.)".