|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning education.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Higher Education Student Assistance Act is | ||||||||||||||||||||||||||
5 | amended 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 | ||||||||||||||||||||||||||
10 | Armed Forces of the United States, a Reserve component of the | ||||||||||||||||||||||||||
11 | Armed Forces, or the Illinois National Guard, excluding members | ||||||||||||||||||||||||||
12 | of the Reserve Officers' Training Corps and those whose only | ||||||||||||||||||||||||||
13 | service has been attendance at a service academy, and who meets | ||||||||||||||||||||||||||
14 | all 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 |
| |||||||
| |||||||
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 | ||||||
20 | of the United States that is recognized by the issuance of a | ||||||
21 | Presidential proclamation or a Presidential executive order | ||||||
22 | and in which the Armed Forces expeditionary medal or other | ||||||
23 | campaign service medals are awarded according to Presidential | ||||||
24 | executive order. | ||||||
25 | (b) A person who otherwise qualifies under subsection (a) | ||||||
26 | of this Section but has not left federal active duty service |
| |||||||
| |||||||
1 | and has served at least one year of federal active duty or has | ||||||
2 | served for less than one year of federal active duty in a | ||||||
3 | foreign country during a time of hostilities in that foreign | ||||||
4 | country and who can provide documentation demonstrating an | ||||||
5 | honorable service record is eligible to receive assistance | ||||||
6 | under this Section. | ||||||
7 | (b-5) A person who otherwise qualifies for a grant under | ||||||
8 | subsection (a) of (b) of this Section may relinquish his or her | ||||||
9 | entitlement to the grant and instead transfer that entitlement | ||||||
10 | to his or her spouse, natural child, legally adopted child, or | ||||||
11 | step-child. | ||||||
12 | (c) A qualified applicant is not required to pay any | ||||||
13 | tuition or mandatory fees while attending a State-controlled | ||||||
14 | university or public community college in this State for a | ||||||
15 | period that is equivalent to 4 years of full-time enrollment, | ||||||
16 | including summer terms. | ||||||
17 | A qualified applicant who has previously received benefits | ||||||
18 | under this Section for a non-mandatory fee shall continue to | ||||||
19 | receive benefits covering such fees while he or she is enrolled | ||||||
20 | in a continuous program of study. The qualified applicant shall | ||||||
21 | no longer receive a grant covering non-mandatory fees if he or | ||||||
22 | she fails to enroll during an academic term, unless he or she | ||||||
23 | is serving federal active duty service.
| ||||||
24 | (d) A qualified applicant who has been or is to be awarded | ||||||
25 | assistance under this Section shall receive that assistance if | ||||||
26 | the qualified applicant notifies his or her postsecondary |
| |||||||
| |||||||
1 | institution of that fact by the end of the school term for | ||||||
2 | which assistance is requested. | ||||||
3 | (e) Assistance under this Section is considered an | ||||||
4 | entitlement that the State-controlled college or public | ||||||
5 | community college in which the qualified applicant is enrolled | ||||||
6 | shall honor without any condition other than the qualified | ||||||
7 | applicant's maintenance of minimum grade levels and a | ||||||
8 | satisfactory student loan repayment record pursuant to | ||||||
9 | subsection (c) of Section 20 of this Act. | ||||||
10 | (f) The Commission shall administer the grant program | ||||||
11 | established by this Section and shall make all necessary and | ||||||
12 | proper rules not inconsistent with this Section for its | ||||||
13 | effective implementation. | ||||||
14 | (g) All applications for assistance under this Section must | ||||||
15 | be made to the Commission on forms that the Commission shall | ||||||
16 | provide. The Commission shall determine the form of application | ||||||
17 | and the information required to be set forth in the | ||||||
18 | application, and the Commission shall require qualified | ||||||
19 | applicants to submit with their applications any supporting | ||||||
20 | documents that the Commission deems necessary. Upon request, | ||||||
21 | the Department of Veterans' Affairs shall assist the Commission | ||||||
22 | in determining the eligibility of applicants for assistance | ||||||
23 | under this Section. | ||||||
24 | (h) Assistance under this Section is available as long as | ||||||
25 | the federal government provides educational benefits to | ||||||
26 | veterans. Assistance must not be paid under this Section after |
| |||||||
| |||||||
1 | 6 months following the termination of educational benefits to | ||||||
2 | veterans by the federal government, except for persons who | ||||||
3 | already have begun their education with assistance under this | ||||||
4 | Section. If the federal government terminates educational | ||||||
5 | benefits to veterans and at a later time resumes those | ||||||
6 | benefits, assistance under this Section shall resume.
| ||||||
7 | (Source: P.A. 94-583, eff. 8-15-05.)
| ||||||
8 | (110 ILCS 947/45)
| ||||||
9 | Sec. 45. Illinois National Guard and Naval Militia grant | ||||||
10 | program.
| ||||||
11 | (a) As used in this Section:
| ||||||
12 | "State controlled university or community college" means | ||||||
13 | those
institutions under the administration of the Chicago | ||||||
14 | State University Board
of Trustees, the Eastern Illinois | ||||||
15 | University Board of Trustees, the Governors
State University | ||||||
16 | Board of Trustees, the Illinois State University Board of
| ||||||
17 | Trustees, the Northeastern Illinois University Board of | ||||||
18 | Trustees, the Northern
Illinois University Board of Trustees, | ||||||
19 | the Western Illinois University Board of
Trustees, Southern | ||||||
20 | Illinois University
Board of Trustees, University of Illinois | ||||||
21 | Board of Trustees, or the Illinois
Community College Board.
| ||||||
22 | "Tuition and fees" shall not include expenses for any | ||||||
23 | sectarian
or denominational instruction, the construction or | ||||||
24 | maintenance of sectarian
or denominational facilities, or any | ||||||
25 | other sectarian or denominational
purposes or activity.
|
| |||||||
| |||||||
1 | "Fees" means matriculation, graduation, activity, term, or | ||||||
2 | incidental fees.
Exemption shall not be granted from any other | ||||||
3 | fees, including book rental,
service, laboratory, supply, and | ||||||
4 | union building fees, hospital and medical
insurance fees, and | ||||||
5 | any fees established for the operation and maintenance of
| ||||||
6 | buildings, the income of which is pledged to the payment of | ||||||
7 | interest and
principal on bonds issued by the governing board | ||||||
8 | of any university or community
college.
| ||||||
9 | (b) Any person who has served at least one
year in the
| ||||||
10 | Illinois National Guard or the Illinois Naval Militia and who | ||||||
11 | possesses all necessary
entrance requirements shall, upon | ||||||
12 | application and proper proof, be
awarded a grant to the | ||||||
13 | State-controlled university or community
college of his or her | ||||||
14 | choice, consisting of exemption from tuition and
fees for not | ||||||
15 | more than the equivalent of 4 years of full-time enrollment, | ||||||
16 | including summer terms,
in relation to his or her course of | ||||||
17 | study at that State controlled
university or community college | ||||||
18 | while he or she is a member of the Illinois
National Guard or | ||||||
19 | the Illinois Naval Militia. Except as otherwise provided in | ||||||
20 | this Section, if the recipient of any grant awarded under this | ||||||
21 | Section
ceases to be a member of the Illinois National Guard or | ||||||
22 | the Illinois Naval Militia while enrolled in a
course of study | ||||||
23 | under that grant, the grant shall be terminated as of the date
| ||||||
24 | membership in the Illinois National Guard or the Illinois Naval | ||||||
25 | Militia ended, and the recipient shall be
permitted to complete | ||||||
26 | the school term in which he or she is then enrolled only
upon |
| |||||||
| |||||||
1 | payment of tuition and other fees allocable to the part of the | ||||||
2 | term then
remaining.
If the recipient of a grant awarded under | ||||||
3 | this Section ceases to be a member of the Illinois National | ||||||
4 | Guard or the Illinois Naval Militia while enrolled in a course | ||||||
5 | of study under that grant but (i) has served in the Illinois | ||||||
6 | National Guard or the Illinois Naval Militia for at least 5 | ||||||
7 | years and (ii) has served a cumulative total of at least 6 | ||||||
8 | months of active duty, then that recipient shall continue to be | ||||||
9 | eligible for a grant for one year after membership in the | ||||||
10 | Illinois National Guard or the Illinois Naval Militia ended, | ||||||
11 | provided that the recipient has not already received the | ||||||
12 | exemption from tuition and fees for the equivalent of 4 years | ||||||
13 | of full-time enrollment, including summer terms, under this | ||||||
14 | Section. If the recipient of the grant fails to complete his or | ||||||
15 | her
military
service obligations or requirements for | ||||||
16 | satisfactory participation, the
Department of Military Affairs | ||||||
17 | shall require the recipient to repay the amount
of the grant | ||||||
18 | received, prorated according to the fraction of the service
| ||||||
19 | obligation not completed, and, if applicable, reasonable | ||||||
20 | collection fees. The
Department of Military Affairs may adopt | ||||||
21 | rules relating to its
collection activities for repayment of | ||||||
22 | the grant under this Section.
Unsatisfactory participation | ||||||
23 | shall be defined by rules adopted
by the Department of Military | ||||||
24 | Affairs. Repayments shall be deposited
in the National Guard | ||||||
25 | and Naval Militia Grant Fund. The National Guard and Naval | ||||||
26 | Militia Grant Fund is created as
a special fund in the State |
| |||||||
| |||||||
1 | treasury. All money in the National Guard and Naval Militia
| ||||||
2 | Grant
Fund shall be used, subject to appropriation, by the | ||||||
3 | Illinois Student Assistance Commission for the purposes of this | ||||||
4 | Section.
| ||||||
5 | A grant awarded under this Section shall be considered an | ||||||
6 | entitlement
which the State-controlled university or community | ||||||
7 | college in which the
holder is enrolled shall honor without any | ||||||
8 | condition other than the
holder's maintenance of minimum grade | ||||||
9 | levels and a satisfactory student
loan repayment record | ||||||
10 | pursuant to subsection (c) of Section 20 of this
Act.
| ||||||
11 | (c) Subject to a separate appropriation for such purposes, | ||||||
12 | the
Commission may reimburse the State-controlled university | ||||||
13 | or community
college for grants authorized by this Section.
| ||||||
14 | (d) A person who otherwise qualifies for a grant under | ||||||
15 | subsection (b) of this Section may relinquish his or her | ||||||
16 | entitlement to the grant and instead transfer that entitlement | ||||||
17 | to his or her spouse, natural child, legally adopted child, or | ||||||
18 | step-child. | ||||||
19 | (Source: P.A. 93-838, eff. 7-30-04; 93-856, eff. 8-3-04; | ||||||
20 | 94-583, eff. 8-15-05; 94-1020, eff. 7-11-06.)
| ||||||
21 | Section 99. Effective date. This Act takes effect July 1, | ||||||
22 | 2009.
|