101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2527

 

Introduced 2/13/2019, by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 947/40
110 ILCS 947/45

    Amends the Higher Education Student Assistance Act. With regard to the Illinois Veteran grant program, defines "mandatory fees" as the charges assessed by an institution to each and every full-time student for each term, including, but not limited to, charges assessed for any course leading to an undergraduate degree. Makes a similar change to the definition of "tuition and fees" under the Illinois National Guard and Naval Militia grant program. Effective immediately.


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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,
3represented in the General Assembly:
 
4    Section 5. The Higher Education Student Assistance Act is
5amended 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    "Mandatory fees" means the charges assessed by an
10institution to each and every full-time student for each term,
11including, but not limited to, charges assessed for any course
12leading to an undergraduate degree. "Mandatory fees" does not
13include application, graduation, laboratory, breakage, or
14add/drop fees, program administrative fees for out-of-state or
15foreign study, or tuition.
16    "Qualified applicant" means a person who served in the
17Armed Forces of the United States, a Reserve component of the
18Armed Forces, or the Illinois National Guard, excluding members
19of the Reserve Officers' Training Corps and those whose only
20service has been attendance at a service academy, and who meets
21all of the following qualifications:
22        (1) At the time of entering federal active duty service
23    the person was one of the following:

 

 

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1            (A) An Illinois resident.
2            (B) An Illinois resident within 6 months of
3        entering such service.
4            (C) Enrolled at a State-controlled university or
5        public community college in this State.
6        (2) The person meets one of the following requirements:
7            (A) He or she served at least one year of federal
8        active duty.
9            (B) He or she served less than one year of federal
10        active duty and received an honorable discharge for
11        medical reasons directly connected with such service.
12            (C) He or she served less than one year of federal
13        active duty and was discharged prior to August 11,
14        1967.
15            (D) He or she served less than one year of federal
16        active duty in a foreign country during a time of
17        hostilities in that foreign country.
18        (3) The person received an honorable discharge after
19    leaving each period of federal active duty service.
20        (4) The person returned to this State within 6 months
21    after leaving federal active duty service, or, if married
22    to a person in continued military service stationed outside
23    this State, returned to this State within 6 months after
24    his or her spouse left service or was stationed within this
25    State.
26    "Time of hostilities" means any action by the Armed Forces

 

 

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

 

 

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

 

 

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1the federal government provides educational benefits to
2veterans. Assistance must not be paid under this Section after
36 months following the termination of educational benefits to
4veterans by the federal government, except for persons who
5already have begun their education with assistance under this
6Section. If the federal government terminates educational
7benefits to veterans and at a later time resumes those
8benefits, 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
12program.
13    (a) As used in this Section:
14    "State controlled university or community college" means
15those institutions under the administration of the Chicago
16State University Board of Trustees, the Eastern Illinois
17University Board of Trustees, the Governors State University
18Board of Trustees, the Illinois State University Board of
19Trustees, the Northeastern Illinois University Board of
20Trustees, the Northern Illinois University Board of Trustees,
21the Western Illinois University Board of Trustees, Southern
22Illinois University Board of Trustees, University of Illinois
23Board of Trustees, or the Illinois Community College Board.
24    "Tuition and fees" means the charges assessed by a
25State-controlled university or community college to each and

 

 

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1every full-time student for each term, including, but not
2limited to, charges assessed for any course leading to an
3undergraduate degree. "Tuition and fees" shall not include
4expenses for any sectarian or denominational instruction, the
5construction or maintenance of sectarian or denominational
6facilities, or any other sectarian or denominational purposes
7or activity.
8    "Fees" means matriculation, graduation, activity, term, or
9incidental fees. Exemption shall not be granted from any other
10fees, including book rental, service, laboratory, supply, and
11union building fees, hospital and medical insurance fees, and
12any fees established for the operation and maintenance of
13buildings, the income of which is pledged to the payment of
14interest and principal on bonds issued by the governing board
15of any university or community college.
16    (b) Any person who has served at least one year in the
17Illinois National Guard or the Illinois Naval Militia and who
18possesses all necessary entrance requirements shall, upon
19application and proper proof, be awarded a grant to the
20State-controlled university or community college of his or her
21choice, consisting of exemption from tuition and fees for not
22more than the equivalent of 4 years of full-time enrollment,
23including summer terms, in relation to his or her course of
24study at that State controlled university or community college
25while he or she is a member of the Illinois National Guard or
26the Illinois Naval Militia. Beginning with the 2013-2014

 

 

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1academic year, any person who has served over 10 years in the
2Illinois National Guard shall be awarded an additional grant to
3the State-controlled university or community college of his or
4her choice, consisting of an exemption from tuition and fees
5for not more than the equivalent of an additional 2 years of
6full-time enrollment, including summer terms. Except as
7otherwise provided in this Section, if the recipient of any
8grant awarded under this Section ceases to be a member of the
9Illinois National Guard or the Illinois Naval Militia while
10enrolled in a course of study under that grant, the grant shall
11be terminated as of the date membership in the Illinois
12National Guard or the Illinois Naval Militia ended, and the
13recipient shall be permitted to complete the school term in
14which he or she is then enrolled only upon payment of tuition
15and other fees allocable to the part of the term then
16remaining. If the recipient of a grant awarded under this
17Section ceases to be a member of the Illinois National Guard or
18the Illinois Naval Militia while enrolled in a course of study
19under that grant but (i) has served in the Illinois National
20Guard or the Illinois Naval Militia for at least 5 years and
21(ii) has served a cumulative total of at least 6 months of
22active duty, then that recipient shall continue to be eligible
23for a grant for one year after membership in the Illinois
24National Guard or the Illinois Naval Militia ended, provided
25that the recipient has not already received the exemption from
26tuition and fees for the equivalent of 4 years of full-time

 

 

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1enrollment, including summer terms, under this Section. If the
2recipient of the grant fails to complete his or her military
3service obligations or requirements for satisfactory
4participation, the Department of Military Affairs shall
5require the recipient to repay the amount of the grant
6received, prorated according to the fraction of the service
7obligation not completed, and, if applicable, reasonable
8collection fees. The Department of Military Affairs may adopt
9rules relating to its collection activities for repayment of
10the grant under this Section. Unsatisfactory participation
11shall be defined by rules adopted by the Department of Military
12Affairs. Repayments shall be deposited in the National Guard
13and Naval Militia Grant Fund. The National Guard and Naval
14Militia Grant Fund is created as a special fund in the State
15treasury. All money in the National Guard and Naval Militia
16Grant Fund shall be used, subject to appropriation, by the
17Illinois Student Assistance Commission for the purposes of this
18Section.
19    A grant awarded under this Section shall be considered an
20entitlement which the State-controlled university or community
21college in which the holder is enrolled shall honor without any
22condition other than the holder's maintenance of minimum grade
23levels and a satisfactory student loan repayment record
24pursuant to subsection (c) of Section 20 of this Act.
25    (c) Subject to a separate appropriation for such purposes,
26the Commission may reimburse the State-controlled university

 

 

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1or community college for grants authorized by this Section.
2(Source: P.A. 98-314, eff. 8-12-13.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.