HB0815 Engrossed LRB094 07240 RAS 37396 b

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
24         active duty.
25             (B) He or she served less than one year of federal
26         active duty and received an honorable discharge for
27         medical reasons directly connected with such service.
28             (C) He or she served less than one year of federal
29         active duty and was discharged prior to August 11,
30         1967.
31             (D) He or she served less than one year of federal
32         active duty in a foreign country during a time of

 

 

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1         hostilities in that foreign country.
2         (3) The person received an honorable discharge after
3     leaving each period of federal active duty service.
4         (4) The person returned to this State within 6 months
5     after leaving federal active duty service, or, if married
6     to a person in continued military service stationed outside
7     this State, returned to this State within 6 months after
8     his or her spouse left service or was stationed within this
9     State.
10     "Time of hostilities" means any action by the Armed Forces
11 of the United States that is recognized by the issuance of a
12 Presidential proclamation or a Presidential executive order
13 and in which the Armed Forces expeditionary medal or other
14 campaign service medals are awarded according to Presidential
15 executive order.
16     (b) A person who otherwise qualifies under subsection (a)
17 of this Section but has not left federal active duty service
18 and has served at least one year of federal active duty or has
19 served for less than one year of federal active duty in a
20 foreign country during a time of hostilities in that foreign
21 country and who can provide documentation demonstrating an
22 honorable service record is eligible to receive assistance
23 under this Section.
24     (c) A qualified applicant is not required to pay any
25 tuition or mandatory fees while attending a State-controlled
26 university or public community college in this State for a
27 period that is equivalent to 4 years of full-time enrollment,
28 including summer terms.
29     A qualified applicant who has previously received benefits
30 under this Section for a non-mandatory fee shall continue to
31 receive benefits covering such fees while he or she is enrolled
32 in a continuous program of study. The qualified applicant shall
33 no longer receive a grant covering non-mandatory fees if he or
34 she fails to enroll during an academic term, unless he or she
35 is serving federal active duty service.
36     (d) A qualified applicant who has been or is to be awarded

 

 

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1 assistance under this Section shall receive that assistance if
2 the qualified applicant notifies his or her postsecondary
3 institution of that fact by the end of the school term for
4 which assistance is requested.
5     (e) Assistance under this Section is considered an
6 entitlement that the State-controlled college or public
7 community college in which the qualified applicant is enrolled
8 shall honor without any condition other than the qualified
9 applicant's maintenance of minimum grade levels and a
10 satisfactory student loan repayment record pursuant to
11 subsection (c) of Section 20 of this Act.
12     (f) The Commission shall administer the grant program
13 established by this Section and shall make all necessary and
14 proper rules not inconsistent with this Section for its
15 effective implementation.
16     (g) All applications for assistance under this Section must
17 be made to the Commission on forms that the Commission shall
18 provide. The Commission shall determine the form of application
19 and the information required to be set forth in the
20 application, and the Commission shall require qualified
21 applicants to submit with their applications any supporting
22 documents that the Commission deems necessary. Upon request,
23 the Department of Veterans' Affairs shall assist the Commission
24 in determining the eligibility of applicants for assistance
25 under this Section.
26     (h) Assistance under this Section is available as long as
27 the federal government provides educational benefits to
28 veterans. Assistance must not be paid under this Section after
29 6 months following the termination of educational benefits to
30 veterans by the federal government, except for persons who
31 already have begun their education with assistance under this
32 Section. If the federal government terminates educational
33 benefits to veterans and at a later time resumes those
34 benefits, assistance under this Section shall resume. Any
35 person who served in the armed forces of the United States, not
36 including members of the Student Army Training Corps, who at

 

 

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1 the time of entering service was an Illinois resident or was an
2 Illinois resident within 6 months of entering such service, and
3 who returned to Illinois within 6 months after leaving service
4 or, if married to a person in continued military service
5 stationed outside Illinois, within 6 months after his or her
6 spouse has left service or has been stationed within Illinois,
7 and who has been honorably discharged from such service, and
8 who possesses all necessary entrance requirements shall,
9 except as otherwise provided in this Act, upon application and
10 proper proof, be awarded an Illinois Veteran Grant consisting
11 of the equivalent of 4 calendar years of full-time enrollment,
12 including summer terms, to the State-controlled college or
13 university or community college of his choice. Such veterans
14 shall also be entitled, upon proper proof and application, to
15 enroll in any extension course offered by a State-controlled
16 college or university or community college without the payment
17 of tuition or fees.
18     Any veteran who so served, and who, at the time of entering
19 such service, was a student at a State-controlled college or
20 university or community college, and who was honorably
21 discharged from such service, shall, upon application and
22 proper proof be awarded a Veteran Grant entitling him to
23 complete his course of study at any State-controlled college or
24 university or community college of his choice, but shall not be
25 entitled to a grant consisting of more than the equivalent of 4
26 calendar years of full-time enrollment including summer
27 sessions.
28     Any member of the armed forces of the United States who
29 either (i) has served in such armed forces at least one year,
30 or (ii) has served in the armed forces of the United States for
31 less than one year in a time of hostilities in a foreign
32 country, and who would be qualified for a grant under this
33 Section if he had been discharged from such service shall be
34 eligible to receive a Veteran Grant under this Section.
35     The holder of a Veteran Grant to the State-controlled
36 college or university or community college of his choice as

 

 

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1 authorized under this Section shall not be required to pay any
2 matriculation or application fees, tuition, activities fees,
3 graduation fees, or other fees except multipurpose building
4 fees or similar fees for supplies and materials.
5     Any veteran who has been or shall be awarded a Veteran
6 Grant shall be reimbursed by the appropriate college,
7 university, or community college for any fees which he has paid
8 and for which exemption is granted under this Section, if
9 application for reimbursement is made within 2 months following
10 the school term for which the fees were paid.
11     A Veteran Grant shall be considered an entitlement which
12 the State-controlled college or university or community
13 college in which the holder is enrolled shall honor without any
14 condition other than the holder's maintenance of minimum grade
15 levels and a satisfactory student loan repayment record
16 pursuant to subsection (c) of Section 20.
17     A grant authorized under this Section shall not be awarded
18 to veterans who received a discharge from the armed forces of
19 the United States under dishonorable conditions, or to any
20 veteran whose service with the armed forces was for less than
21 one year unless he received an honorable discharge from such
22 service for medical reasons directly connected with such
23 service, except for those veterans discharged prior to August
24 11, 1967 whose service may be for less than one year, and
25 except for those veterans (i) who serve in the armed forces of
26 the United States for less than one year in a time of
27 hostilities in a foreign country and (ii) who receive an
28 honorable discharge.
29     The amounts that become due to any State-controlled college
30 or university or community college shall be payable by the
31 Comptroller to that institution on vouchers approved by the
32 Commission. The Commission, or its designated representative
33 at that institution, shall determine the eligibility of the
34 persons who make application for the benefits provided for in
35 this Section. The Department of Veterans' Affairs shall assist
36 the Commission in determining the eligibility of applicants. On

 

 

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1 July 29, 1986, the Illinois Department of Veterans' Affairs
2 shall transfer and deliver to the Commission all books,
3 records, papers, documents, applications and pending business
4 in any way pertaining to the duties, responsibilities and
5 authority theretofore exercised or performed by the Illinois
6 Department of Veterans' Affairs under and pursuant to Section
7 4.1 of the Department of Veterans Affairs Act.
8     The benefits provided for in this Section shall be
9 available as long as the federal government provides
10 educational benefits to veterans. No benefits shall be paid
11 under this Section, except for veterans who already have begun
12 their education under this Section, after 6 months following
13 the termination of educational benefits to veterans by the
14 federal government. If the federal government terminates
15 educational benefits to veterans and at a later time resumes
16 those benefits, the benefits of this Section shall resume.
17     As used in this Section, "time of hostilities in a foreign
18 country" means any action by the armed forces of the United
19 States that is recognized by the issuance of a Presidential
20 proclamation or a Presidential executive order and in which the
21 armed forces expeditionary medal or other campaign service
22 medals are awarded according to Presidential executive order.
23 (Source: P.A. 90-752, eff. 8-14-98; 91-496, eff. 8-13-99.)
 
24     (110 ILCS 947/45)
25     Sec. 45. Illinois National Guard grant program.
26     (a) As used in this Section:
27     "State controlled university or community college" means
28 those institutions under the administration of the Chicago
29 State University Board of Trustees, the Eastern Illinois
30 University Board of Trustees, the Governors State University
31 Board of Trustees, the Illinois State University Board of
32 Trustees, the Northeastern Illinois University Board of
33 Trustees, the Northern Illinois University Board of Trustees,
34 the Western Illinois University Board of Trustees, Southern
35 Illinois University Board of Trustees, University of Illinois

 

 

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1 Board of Trustees, or the Illinois Community College Board.
2     "Tuition and fees" shall not include expenses for any
3 sectarian or denominational instruction, the construction or
4 maintenance of sectarian or denominational facilities, or any
5 other sectarian or denominational purposes or activity.
6     "Fees" means matriculation, graduation, activity, term, or
7 incidental fees. Exemption shall not be granted from any other
8 fees, including book rental, service, laboratory, supply, and
9 union building fees, hospital and medical insurance fees, and
10 any fees established for the operation and maintenance of
11 buildings, the income of which is pledged to the payment of
12 interest and principal on bonds issued by the governing board
13 of any university or community college.
14     (b) Any enlisted person or any company grade officer,
15 including warrant officers, First and Second Lieutenants, and
16 Captains in the Army and Air National Guard, who has served at
17 least one year in the Illinois National Guard and who possesses
18 all necessary entrance requirements shall, upon application
19 and proper proof, be awarded a grant to the State-controlled
20 university or community college of his or her choice,
21 consisting of exemption from tuition and fees for not more than
22 the equivalent of 4 years of full-time enrollment, including
23 summer terms, in relation to his or her course of study at that
24 State controlled university or community college while he or
25 she is a member of the Illinois National Guard. Except as
26 otherwise provided in this Section, if the recipient of any
27 grant awarded under this Section ceases to be a member of the
28 Illinois National Guard while enrolled in a course of study
29 under that grant, the grant shall be terminated as of the date
30 membership in the Illinois National Guard ended, and the
31 recipient shall be permitted to complete the school term in
32 which he or she is then enrolled only upon payment of tuition
33 and other fees allocable to the part of the term then
34 remaining. If the recipient of a grant awarded under this
35 Section ceases to be a member of the Illinois National Guard
36 while enrolled in a course of study under that grant but (i)

 

 

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1 has served in the Illinois National Guard for at least 5 years
2 and (ii) has served a cumulative total of at least 6 months of
3 active duty, then that recipient shall continue to be eligible
4 for a grant for one year after membership in the Illinois
5 National Guard ended, provided that the recipient has not
6 already received the exemption from tuition and fees for the
7 equivalent of 4 years of full-time enrollment, including summer
8 terms, under this Section. If the recipient of the grant fails
9 to complete his or her military service obligations or
10 requirements for satisfactory participation, the Department of
11 Military Affairs shall require the recipient to repay the
12 amount of the grant received, prorated according to the
13 fraction of the service obligation not completed, and, if
14 applicable, reasonable collection fees. The Department of
15 Military Affairs may adopt rules relating to its collection
16 activities for repayment of the grant under this Section.
17 Unsatisfactory participation shall be defined by rules adopted
18 by the Department of Military Affairs. Repayments shall be
19 deposited in the National Guard Grant Fund. The National Guard
20 Grant Fund is created as a special fund in the State treasury.
21 All money in the National Guard Grant Fund shall be used,
22 subject to appropriation, by the Illinois Student Assistance
23 Commission for the purposes of this Section.
24     A grant awarded under this Section shall be considered an
25 entitlement which the State-controlled university or community
26 college in which the holder is enrolled shall honor without any
27 condition other than the holder's maintenance of minimum grade
28 levels and a satisfactory student loan repayment record
29 pursuant to subsection (c) of Section 20 of this Act.
30     (c) Subject to a separate appropriation for such purposes,
31 the Commission may reimburse the State-controlled university
32 or community college for grants authorized by this Section.
33 (Source: P.A. 92-589, eff. 7-1-02; 93-838, eff. 7-30-04;
34 93-856, eff. 8-3-04; revised 10-22-04.)
 
35     Section 99. Effective date. This Act takes effect July 1,

 

 

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1 2005.