HB2823 103RD GENERAL ASSEMBLY

LRB103 29379 RJT 55768 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2823

Introduced 2/16/2023, by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

110 ILCS 305/7e-5
110 ILCS 520/8d-5
110 ILCS 660/5-88
110 ILCS 665/10-88
110 ILCS 670/15-88
110 ILCS 675/20-88
110 ILCS 680/25-88
110 ILCS 685/30-88
110 ILCS 690/35-88

Amends various Acts relating to the governance of public universities and community colleges in Illinois. Provides that, in determining whether an individual is an Illinois resident, if the individual enrolls or attains credits at a public or private elementary school in this State, a public or private high school in this State, an adult school organized under the Public Community College Act, or a community college campus organized under the Public Community College Act, or either graduated from a public or private high school or received the equivalent of a high school diploma in this State, attained an associate degree from a community campus college organized under the Public Community College Act, or fulfills of the minimum transfer requirements established by the college for students transferring from a campus of a community college organized under the Public Community College Act, then the individual can qualify as a resident (instead of resided with his or her parent or guardian while attending a public or private high school in this State or individual graduated from a public or private high school or received the equivalent of a high school diploma in this State). Removes the requirement that the individual must attend 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 to qualify as an Illinois resident.

A BILL FOR

AN ACT concerning education.

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

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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by the University of Illinois for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Southern Illinois University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Chicago State University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Eastern Illinois University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Governors State University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Illinois State University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Northeastern Illinois University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Northern Illinois University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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) Notwithstanding any other provision of law to the contrary, at a minimum, 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 enrolls in or attains credits at any of the following: The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(A) a public or private elementary school in this State;

(B) a public or private high school in this State;

(C) an adult school organized 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 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 fulfilled the minimum transfer requirements established by Western Illinois University for students transferring from a campus of a community college organized under the Public Community College Act.

(3) (Blank.) 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) (Blank.) 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.

(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.)