Illinois General Assembly - Full Text of HB5070
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Full Text of HB5070  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/7/2012, by Rep. Daniel Biss


110 ILCS 947/40

    Amends the Higher Education Student Assistance Act. In order to qualify for an Illinois Veteran grant, requires any assistance a person is eligible to receive under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or the federal Post-9/11 Veterans Educational Assistance Improvements Act of 2010 to be exhausted. Effective July 1, 2013.

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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Higher Education Student Assistance Act is
5amended by changing Section 40 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
10Armed Forces of the United States, a Reserve component of the
11Armed Forces, or the Illinois National Guard, excluding members
12of the Reserve Officers' Training Corps and those whose only
13service has been attendance at a service academy, and who meets
14all 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



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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        (5) Any assistance the person is eligible to receive
20    under the federal Post-9/11 Veterans Educational
21    Assistance Act of 2008 or the federal Post-9/11 Veterans
22    Educational Assistance Improvements Act of 2010 has been
23    exhausted.
24    "Time of hostilities" means any action by the Armed Forces
25of the United States that is recognized by the issuance of a
26Presidential proclamation or a Presidential executive order



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



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1institution of that fact by the end of the school term for
2which assistance is requested.
3    (e) Assistance under this Section is considered an
4entitlement that the State-controlled college or public
5community college in which the qualified applicant is enrolled
6shall honor without any condition other than the qualified
7applicant's maintenance of minimum grade levels and a
8satisfactory student loan repayment record pursuant to
9subsection (c) of Section 20 of this Act.
10    (f) The Commission shall administer the grant program
11established by this Section and shall make all necessary and
12proper rules not inconsistent with this Section for its
13effective implementation.
14    (g) All applications for assistance under this Section must
15be made to the Commission on forms that the Commission shall
16provide. The Commission shall determine the form of application
17and the information required to be set forth in the
18application, and the Commission shall require qualified
19applicants to submit with their applications any supporting
20documents that the Commission deems necessary. Upon request,
21the Department of Veterans' Affairs shall assist the Commission
22in determining the eligibility of applicants for assistance
23under this Section.
24    (h) Assistance under this Section is available as long as
25the federal government provides educational benefits to
26veterans. Assistance must not be paid under this Section after



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16 months following the termination of educational benefits to
2veterans by the federal government, except for persons who
3already have begun their education with assistance under this
4Section. If the federal government terminates educational
5benefits to veterans and at a later time resumes those
6benefits, assistance under this Section shall resume.
7(Source: P.A. 94-583, eff. 8-15-05.)
8    Section 99. Effective date. This Act takes effect July 1,