SB1255ham001 101ST GENERAL ASSEMBLY

Rep. Debbie Meyers-Martin

Filed: 5/6/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1255

2    AMENDMENT NO. ______. Amend Senate Bill 1255 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
530-14.2 as follows:
 
6    (105 ILCS 5/30-14.2)  (from Ch. 122, par. 30-14.2)
7    Sec. 30-14.2. MIA/POW scholarships.
8    (a) Any spouse, natural child, legally adopted child, or
9stepchild step-child of an eligible veteran or serviceperson
10who possesses all necessary entrance requirements shall, upon
11application and proper proof, be awarded a MIA/POW Scholarship
12consisting of the equivalent of 4 calendar years of full-time
13enrollment including summer terms, to the state supported
14Illinois institution of higher learning of his choice, subject
15to the restrictions listed below.
16    "Eligible veteran or serviceperson" means any veteran or

 

 

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1serviceperson, including an Illinois National Guard member who
2is on active duty or is active on a training assignment, who
3has been declared by the U.S. Department of Defense or the U.S.
4Department of Veterans Affairs to be a prisoner of war, be
5missing in action, have died as the result of a
6service-connected disability or have become a person with a
7permanent disability from service-connected causes with 100%
8disability and who (i) at the time of entering service was an
9Illinois resident, (ii) was an Illinois resident within 6
10months after entering such service, or (iii) is a resident of
11Illinois at the time of application for the Scholarship and, at
12some point after leaving such service, was a resident of
13Illinois for at least 15 consecutive years until July 1, 2014,
14became an Illinois resident within 6 months after leaving the
15service and can establish at least 30 years of continuous
16residency in the State of Illinois.
17    Full-time enrollment means 12 or more semester hours of
18courses per semester, or 12 or more quarter hours of courses
19per quarter, or the equivalent thereof per term. Scholarships
20utilized by dependents enrolled in less than full-time study
21shall be computed in the proportion which the number of hours
22so carried bears to full-time enrollment.
23    Scholarships awarded under this Section may be used by a
24spouse or child without regard to his or her age. The holder of
25a Scholarship awarded under this Section shall be subject to
26all examinations and academic standards, including the

 

 

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1maintenance of minimum grade levels, that are applicable
2generally to other enrolled students at the Illinois
3institution of higher learning where the Scholarship is being
4used. If the surviving spouse remarries or if there is a
5divorce between the veteran or serviceperson and his or her
6spouse while the dependent is pursuing his or her course of
7study, Scholarship benefits will be terminated at the end of
8the term for which he or she is presently enrolled. Such
9dependents shall also be entitled, upon proper proof and
10application, to enroll in any extension course offered by a
11State supported Illinois institution of higher learning
12without payment of tuition and approved fees.
13    The holder of a MIA/POW Scholarship authorized under this
14Section shall not be required to pay any matriculation or
15application fees, tuition, activities fees, graduation fees or
16other fees, except multipurpose building fees or similar fees
17for supplies and materials.
18    Any dependent who has been or shall be awarded a MIA/POW
19Scholarship shall be reimbursed by the appropriate institution
20of higher learning for any fees which he or she has paid and
21for which exemption is granted under this Section if
22application for reimbursement is made within 2 months following
23the end of the school term for which the fees were paid.
24    (b) In lieu of the benefit provided in subsection (a), any
25spouse, natural child, legally adopted child, or step-child of
26an eligible veteran or serviceperson, which spouse or child has

 

 

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1a physical, mental or developmental disability, shall be
2entitled to receive, upon application and proper proof, a
3benefit to be used for the purpose of defraying the cost of the
4attendance or treatment of such spouse or child at one or more
5appropriate therapeutic, rehabilitative or educational
6facilities. The application and proof may be made by the parent
7or legal guardian of the spouse or child on his or her behalf.
8    The total benefit provided to any beneficiary under this
9subsection shall not exceed the cost equivalent of 4 calendar
10years of full-time enrollment, including summer terms, at the
11University of Illinois. Whenever practicable in the opinion of
12the Department of Veterans' Affairs, payment of benefits under
13this subsection shall be made directly to the facility, the
14cost of attendance or treatment at which is being defrayed, as
15such costs accrue.
16    (c) The benefits of this Section shall be administered by
17and paid for out of funds made available to the Illinois
18Department of Veterans' Affairs. The amounts that become due to
19any state supported Illinois institution of higher learning
20shall be payable by the Comptroller to such institution on
21vouchers approved by the Illinois Department of Veterans'
22Affairs. The amounts that become due under subsection (b) of
23this Section shall be payable by warrant upon vouchers issued
24by the Illinois Department of Veterans' Affairs and approved by
25the Comptroller. The Illinois Department of Veterans' Affairs
26shall determine the eligibility of the persons who make

 

 

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1application for the benefits provided for in this Section.
2    (d) A spouse, natural child, legally adopted child, or
3stepchild of an eligible veteran or serviceperson is not
4eligible to receive any benefits under this Section if he or
5she is receiving grant assistance under Section 40 of the
6Higher Education Student Assistance Act.
7(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
8100-201, eff. 8-18-17.)
 
9    Section 10. The Higher Education Student Assistance Act is
10amended by changing Section 40 as follows:
 
11    (110 ILCS 947/40)
12    Sec. 40. Illinois Veteran grant program.
13    (a) As used in this Section:
14    "Qualified applicant" means a person who served in the
15Armed Forces of the United States, a Reserve component of the
16Armed Forces, or the Illinois National Guard, excluding members
17of the Reserve Officers' Training Corps and those whose only
18service has been attendance at a service academy, and who meets
19all of the following qualifications of either paragraphs (1)
20through (4) or paragraphs (2), (3), and (5):
21        (1) At the time of entering federal active duty service
22    the person was one of the following:
23            (A) An Illinois resident.
24            (B) An Illinois resident within 6 months of

 

 

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1        entering such service.
2            (C) Enrolled at a State-controlled university or
3        public community college in this State.
4        (2) The person meets one of the following requirements:
5            (A) He or she served at least one year of federal
6        active duty.
7            (B) He or she served less than one year of federal
8        active duty and received an honorable discharge for
9        medical reasons directly connected with such service.
10            (C) He or she served less than one year of federal
11        active duty and was discharged prior to August 11,
12        1967.
13            (D) He or she served less than one year of federal
14        active duty in a foreign country during a time of
15        hostilities in that foreign country.
16        (3) The person received an honorable discharge after
17    leaving each period of federal active duty service.
18        (4) The person returned to this State within 6 months
19    after leaving federal active duty service, or, if married
20    to a person in continued military service stationed outside
21    this State, returned to this State within 6 months after
22    his or her spouse left service or was stationed within this
23    State.
24        (5) The person does not meet the requirements of
25    paragraph (1), but (i) is a resident of Illinois at the
26    time of application to the Commission and (ii) at some

 

 

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1    point after leaving federal active duty service, was a
2    resident of Illinois for at least 15 consecutive years.
3    "Qualified dependent" means any spouse or natural born or
4legally adopted child of a veteran of the United States Armed
5Forces who meets all of the following qualifications:
6        (1) Has earned a high school diploma or high school
7    equivalency certificate and is less than 26 years of age,
8    unless granted an extension by the Commission due to a
9    qualifying illness or debilitating condition.
10        (2) Meets the cumulative grade point average
11    requirements of the postsecondary institution.
12        (3) Is a resident of Illinois for the term in which the
13    grant under subsection (i) is transferred.
14    "Time of hostilities" means any action by the Armed Forces
15of the United States that is recognized by the issuance of a
16Presidential proclamation or a Presidential executive order
17and in which the Armed Forces expeditionary medal or other
18campaign service medals are awarded according to Presidential
19executive order.
20    (b) A person who otherwise qualifies under the definition
21of "qualified applicant" under subsection (a) of this Section
22but has not left federal active duty service and has served at
23least one year of federal active duty or has served for less
24than one year of federal active duty in a foreign country
25during a time of hostilities in that foreign country and who
26can provide documentation demonstrating an honorable service

 

 

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1record is eligible to receive assistance under this Section.
2    (c) A grant recipient qualified applicant is not required
3to pay any tuition or mandatory fees while attending a
4State-controlled university or public community college in
5this State for a period that is equivalent to 4 years of
6full-time enrollment, including summer terms.
7    A qualified applicant who has previously received benefits
8under this Section for a non-mandatory fee shall continue to
9receive benefits covering such fees while he or she is enrolled
10in a continuous program of study. The qualified applicant shall
11no longer receive a grant covering non-mandatory fees if he or
12she fails to enroll during an academic term, unless he or she
13is serving federal active duty service.
14    (d) A person qualified applicant who has been or is to be
15awarded assistance under this Section shall receive that
16assistance if the person qualified applicant notifies his or
17her postsecondary institution of that fact by the end of the
18school term for which assistance is requested.
19    (e) Assistance under this Section is considered an
20entitlement that the State-controlled college or public
21community college in which the person qualified applicant is
22enrolled shall honor without any condition other than the
23person's qualified applicant's maintenance of minimum grade
24levels and a satisfactory student loan repayment record
25pursuant to subsection (c) of Section 20 of this Act.
26    (f) The Commission shall administer the grant program

 

 

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1established by this Section and shall make all necessary and
2proper rules not inconsistent with this Section for its
3effective implementation.
4    (g) All applications for assistance under this Section must
5be made to the Commission on forms that the Commission shall
6provide. The Commission shall determine the form of application
7and the information required to be set forth in the
8application, and the Commission shall require qualified
9applicants to submit with their applications any supporting
10documents that the Commission deems necessary. Upon request,
11the Department of Veterans' Affairs shall assist the Commission
12in determining the eligibility of applicants for assistance
13under this Section.
14    (h) Assistance under this Section is available as long as
15the federal government provides educational benefits to
16veterans. Assistance must not be paid under this Section after
176 months following the termination of educational benefits to
18veterans by the federal government, except for persons who
19already have begun their education with assistance under this
20Section. If the federal government terminates educational
21benefits to veterans and at a later time resumes those
22benefits, assistance under this Section shall resume.
23    (i) Beginning with the 2020-2021 academic year, a grant
24awarded under this Section may be transferred to a qualified
25dependent if the qualified dependent's spouse or parent meets
26all of the following qualifications:

 

 

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1        (1) He or she is a qualified applicant under subsection
2    (a) or (b).
3        (2) He or she has served at least 8 years combined of
4    federal active duty service or Reserve or Individual Ready
5    Reserve service.
6        (3) He or she has no federal veterans' educational
7    benefits or no federal veterans' educational benefits
8    dedicated only to the payment of tuition and fees, such as
9    Chapter 31 or 33 benefits, for an enrolled term or semester
10    that exceed the value of a grant under this Section.
11        (4) He or she is a resident of Illinois during the term
12    of the qualified dependent's enrollment unless the veteran
13    has been recalled to active duty outside the State or has
14    rejoined the military and is outside the State pursuant to
15    military orders. However, a veteran who has a
16    service-connected disability rating, as determined by the
17    U.S. Department of Veterans Affairs, of 90% to 100% or is
18    unemployable based on a total disability, as determined by
19    the U.S. Department of Veterans Affairs, is not required to
20    maintain Illinois residency while his or her qualified
21    dependent receives benefits under this subsection.
22    A qualified dependent of a person who was killed in the
23line of duty, was a prisoner of war, was missing in action, had
24a service-connected disability rating, as determined by the
25U.S. Department of Veterans Affairs, of 90% to 100%, was
26unemployable based on a total disability, as determined by the

 

 

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1U.S. Department of Veterans Affairs, or died as a result of
2injury or illness directly related to his or her military
3service is eligible for a grant transfer of no less than 120
4credit hours under this subsection if the spouse or parent
5would have otherwise met the qualifications under this
6subsection. A dependent who is a natural born or legally
7adopted child of a veteran may still qualify for a grant under
8this subsection if he or she marries or if his or her parents
9divorce.
10    Benefits under this Section may not be used simultaneously
11by both the veteran and his or her qualified dependent. A
12veteran may revoke or otherwise change the transfer of his or
13her benefits to a qualified dependent under this subsection at
14any time but may not transfer his or her benefits to the same
15qualified dependent again once those benefits have been revoked
16for that qualified dependent.
17    A veteran may transfer benefits under this subsection to
18multiple qualified dependents; however, the total number of
19credit hours of assistance transferred may not exceed 120
20credit hours, and a veteran may transfer benefits to only one
21qualified dependent at a time.
22(Source: P.A. 94-583, eff. 8-15-05.)
 
23    Section 99. Effective date. This Act takes effect July 1,
242019.".