Full Text of HB3345 98th General Assembly
HB3345 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3345 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
| 110 ILCS 947/40 | | 110 ILCS 947/45 | |
| Amends the Higher Education Student Assistance Act. With respect to Illinois Veteran grants and Illinois National Guard and Naval Militia grants, provides that a person who otherwise qualifies for a grant may relinquish his or her entitlement to the grant and instead transfer that entitlement to his or her spouse, natural child, legally adopted child, or step-child. Effective July 1, 2013.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 |
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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 | | "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 |
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| 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) or (b) of this Section and who elects not to | 9 | | utilize the Illinois Veteran Grant program or any federal | 10 | | program that provides tuition payments or assistance to | 11 | | veterans may relinquish his or her entitlement to the grant and | 12 | | instead transfer that entitlement to his or her spouse, natural | 13 | | child, legally adopted child, or step-child. | 14 | | (c) A qualified applicant is not required to pay any | 15 | | tuition or mandatory fees while attending a State-controlled | 16 | | university or public community college in this State for a | 17 | | period that is equivalent to 4 years of full-time enrollment, | 18 | | including summer terms. | 19 | | A qualified applicant who has previously received benefits | 20 | | under this Section for a non-mandatory fee shall continue to | 21 | | receive benefits covering such fees while he or she is enrolled | 22 | | in a continuous program of study. The qualified applicant shall | 23 | | no longer receive a grant covering non-mandatory fees if he or | 24 | | she fails to enroll during an academic term, unless he or she | 25 | | is serving federal active duty service.
| 26 | | (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 |
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| 1 | | the federal government provides educational benefits to | 2 | | veterans. Assistance must not be paid under this Section after | 3 | | 6 months following the termination of educational benefits to | 4 | | veterans by the federal government, except for persons who | 5 | | already have begun their education with assistance under this | 6 | | Section. If the federal government terminates educational | 7 | | benefits to veterans and at a later time resumes those | 8 | | benefits, assistance under this Section shall resume.
| 9 | | (Source: P.A. 94-583, eff. 8-15-05.)
| 10 | | (110 ILCS 947/45)
| 11 | | Sec. 45. Illinois National Guard and Naval Militia grant | 12 | | program.
| 13 | | (a) As used in this Section:
| 14 | | "State controlled university or community college" means | 15 | | those
institutions under the administration of the Chicago | 16 | | State University Board
of Trustees, the Eastern Illinois | 17 | | University Board of Trustees, the Governors
State University | 18 | | Board of Trustees, the Illinois State University Board of
| 19 | | Trustees, the Northeastern Illinois University Board of | 20 | | Trustees, the Northern
Illinois University Board of Trustees, | 21 | | the Western Illinois University Board of
Trustees, Southern | 22 | | Illinois University
Board of Trustees, University of Illinois | 23 | | Board of Trustees, or the Illinois
Community College Board.
| 24 | | "Tuition and fees" shall not include expenses for any | 25 | | sectarian
or denominational instruction, the construction or |
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| 1 | | maintenance of sectarian
or denominational facilities, or any | 2 | | other sectarian or denominational
purposes or activity.
| 3 | | "Fees" means matriculation, graduation, activity, term, or | 4 | | incidental fees.
Exemption shall not be granted from any other | 5 | | fees, including book rental,
service, laboratory, supply, and | 6 | | union building fees, hospital and medical
insurance fees, and | 7 | | any fees established for the operation and maintenance of
| 8 | | buildings, the income of which is pledged to the payment of | 9 | | interest and
principal on bonds issued by the governing board | 10 | | of any university or community
college.
| 11 | | (b) Any person who has served at least one
year in the
| 12 | | Illinois National Guard or the Illinois Naval Militia and who | 13 | | possesses all necessary
entrance requirements shall, upon | 14 | | application and proper proof, be
awarded a grant to the | 15 | | State-controlled university or community
college of his or her | 16 | | choice, consisting of exemption from tuition and
fees for not | 17 | | more than the equivalent of 4 years of full-time enrollment, | 18 | | including summer terms,
in relation to his or her course of | 19 | | study at that State controlled
university or community college | 20 | | while he or she is a member of the Illinois
National Guard or | 21 | | the Illinois Naval Militia. Except as otherwise provided in | 22 | | this Section, if the recipient of any grant awarded under this | 23 | | Section
ceases to be a member of the Illinois National Guard or | 24 | | the Illinois Naval Militia while enrolled in a
course of study | 25 | | under that grant, the grant shall be terminated as of the date
| 26 | | membership in the Illinois National Guard or the Illinois Naval |
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| 1 | | Militia ended, and the recipient shall be
permitted to complete | 2 | | the school term in which he or she is then enrolled only
upon | 3 | | payment of tuition and other fees allocable to the part of the | 4 | | term then
remaining.
If the recipient of a grant awarded under | 5 | | this Section ceases to be a member of the Illinois National | 6 | | Guard or the Illinois Naval Militia while enrolled in a course | 7 | | of study under that grant but (i) has served in the Illinois | 8 | | National Guard or the Illinois Naval Militia for at least 5 | 9 | | years and (ii) has served a cumulative total of at least 6 | 10 | | months of active duty, then that recipient shall continue to be | 11 | | eligible for a grant for one year after membership in the | 12 | | Illinois National Guard or the Illinois Naval Militia ended, | 13 | | provided that the recipient has not already received the | 14 | | exemption from tuition and fees for the equivalent of 4 years | 15 | | of full-time enrollment, including summer terms, under this | 16 | | Section. If the recipient of the grant fails to complete his or | 17 | | her
military
service obligations or requirements for | 18 | | satisfactory participation, the
Department of Military Affairs | 19 | | shall require the recipient to repay the amount
of the grant | 20 | | received, prorated according to the fraction of the service
| 21 | | obligation not completed, and, if applicable, reasonable | 22 | | collection fees. The
Department of Military Affairs may adopt | 23 | | rules relating to its
collection activities for repayment of | 24 | | the grant under this Section.
Unsatisfactory participation | 25 | | shall be defined by rules adopted
by the Department of Military | 26 | | Affairs. Repayments shall be deposited
in the National Guard |
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| 1 | | and Naval Militia Grant Fund. The National Guard and Naval | 2 | | Militia Grant Fund is created as
a special fund in the State | 3 | | treasury. All money in the National Guard and Naval Militia
| 4 | | Grant
Fund shall be used, subject to appropriation, by the | 5 | | Illinois Student Assistance Commission for the purposes of this | 6 | | Section.
| 7 | | A grant awarded under this Section shall be considered an | 8 | | entitlement
which the State-controlled university or community | 9 | | college in which the
holder is enrolled shall honor without any | 10 | | condition other than the
holder's maintenance of minimum grade | 11 | | levels and a satisfactory student
loan repayment record | 12 | | pursuant to subsection (c) of Section 20 of this
Act.
| 13 | | (c) Subject to a separate appropriation for such purposes, | 14 | | the
Commission may reimburse the State-controlled university | 15 | | or community
college for grants authorized by this Section.
| 16 | | (d) A person who otherwise qualifies for a grant under | 17 | | subsection (b) of this Section may relinquish his or her | 18 | | entitlement to the grant and instead transfer that entitlement | 19 | | to his or her spouse, natural child, legally adopted child, or | 20 | | step-child. | 21 | | (Source: P.A. 93-838, eff. 7-30-04; 93-856, eff. 8-3-04; | 22 | | 94-583, eff. 8-15-05; 94-1020, eff. 7-11-06.)
| 23 | | Section 99. Effective date. This Act takes effect July 1, | 24 | | 2013.
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