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Public Act 102-0800


 

Public Act 0800 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0800
 
HB5175 EnrolledLRB102 25267 NLB 34540 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Community College Act is amended by
changing Section 6-4 as follows:
 
    (110 ILCS 805/6-4)  (from Ch. 122, par. 106-4)
    Sec. 6-4. Variable rates and fees. Any community college
district, by resolution of the board, may establish variable
tuition rates and fees for students attending its college in
an amount not to exceed 1/3 of the per capita cost as defined
in Section 6-2, provided that voluntary contributions, as
defined in Section 65 of the Higher Education Student
Assistance Act, shall not be included in any calculation of
community college tuition and fee rates for the purpose of
this Section. 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
in-district 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 in-district
resident for tuition purposes. Beginning with the 2019-2020
academic year through the 2021-2022 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 shall deem that person an Illinois
resident for tuition purposes for any academic quarter,
semester, or term, as applicable. Beginning with the 2022-2023
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 duty or is an individual
entitled to assistance as described in 38 U.S.C. 3679(c), then
the board shall deem that person an in-district 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 Higher Education Student Assistance Act is
amended by changing Section 40 as follows:
 
    (110 ILCS 947/40)
    Sec. 40. Illinois Veteran grant program.
    (a) As used in this Section:
    "Qualified applicant" means a person who served in the
Armed Forces of the United States, a Reserve component of the
Armed Forces, or the Illinois National Guard, excluding
members of the Reserve Officers' Training Corps and those
whose only service has been attendance at a service academy,
and who meets all of the qualifications of either paragraphs
(1) through (4) or paragraphs (2), (3), and (5):
        (1) At the time of entering federal active duty
    service the person was one of the following:
            (A) An Illinois resident.
            (B) An Illinois resident within 6 months of
        entering such service.
            (C) Enrolled at a State-controlled university or
        public community college in this State.
        (2) The person meets one of the following
    requirements:
            (A) He or she served at least one year of federal
        active duty.
            (B) He or she served less than one year of federal
        active duty and received an honorable discharge for
        medical reasons directly connected with such service.
            (C) He or she served less than one year of federal
        active duty and was discharged prior to August 11,
        1967.
            (D) He or she served less than one year of federal
        active duty in a foreign country during a time of
        hostilities in that foreign country.
        (3) The person received an honorable discharge after
    leaving each period of federal active duty service.
        (4) The person returned to this State within 6 months
    after leaving federal active duty service, or, if married
    to a person in continued military service stationed
    outside this State, returned to this State within 6 months
    after his or her spouse left service or was stationed
    within this State.
        (5) The person does not meet the requirements of
    paragraph (1), but (i) is a resident of Illinois at the
    time of application to the Commission and (ii) at some
    point after leaving federal active duty service, was a
    resident of Illinois for at least 15 consecutive years.
    "Time of hostilities" means any action by the Armed Forces
of the United States that is recognized by the issuance of a
Presidential proclamation or a Presidential executive order
and in which the Armed Forces expeditionary medal or other
campaign service medals are awarded according to Presidential
executive order.
    (b) A person who otherwise qualifies under subsection (a)
of this Section but has not left federal active duty service
and has served at least one year of federal active duty or has
served for less than one year of federal active duty in a
foreign country during a time of hostilities in that foreign
country and who can provide documentation demonstrating an
honorable service record is eligible to receive assistance
under this Section.
    (c) A qualified applicant is not required to pay any
tuition or mandatory fees while attending a State-controlled
university or public community college in this State for a
period that is equivalent to 4 years of full-time enrollment,
including summer terms.
    A qualified applicant who has previously received benefits
under this Section for a non-mandatory fee shall continue to
receive benefits covering such fees while he or she is
enrolled in a continuous program of study. The qualified
applicant shall no longer receive a grant covering
non-mandatory fees if he or she fails to enroll during an
academic term, unless he or she is serving federal active duty
service.
    (d) A qualified applicant who has been or is to be awarded
assistance under this Section shall receive that assistance if
the qualified applicant notifies his or her postsecondary
institution of that fact by the end of the school term for
which assistance is requested.
    (e) Assistance under this Section is considered an
entitlement that the State-controlled college or public
community college in which the qualified applicant is enrolled
shall honor without any condition other than the qualified
applicant's maintenance of minimum grade levels and a
satisfactory student loan repayment record pursuant to
subsection (c) of Section 20 of this Act.
    (f) The Commission shall administer the grant program
established by this Section and shall make all necessary and
proper rules not inconsistent with this Section for its
effective implementation.
    (g) All applications for assistance under this Section
must be made to the Commission on forms that the Commission
shall provide. The Commission shall determine the form of
application and the information required to be set forth in
the application, and the Commission shall require qualified
applicants to submit with their applications any supporting
documents that the Commission deems necessary. Upon request,
the Department of Veterans' Affairs shall assist the
Commission in determining the eligibility of applicants for
assistance under this Section.
    (h) Assistance under this Section is available as long as
the federal government provides educational benefits to
veterans. Assistance must not be paid under this Section after
6 months following the termination of educational benefits to
veterans by the federal government, except for persons who
already have begun their education with assistance under this
Section. If the federal government terminates educational
benefits to veterans and at a later time resumes those
benefits, assistance under this Section shall resume.
(Source: P.A. 101-334, eff. 8-9-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022