SB2536 101ST GENERAL ASSEMBLY

LRB101 17135 CMG 66536 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2536

Introduced 1/28/2020, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

110 ILCS 947/40

Amends the Higher Education Student Assistance Act. Provides that an Illinois Veteran grant may be transferred to a qualified dependent beginning with the 2021-2022 academic year if, among other requirements, the qualified dependent's spouse or parent has served at least 8 years combined of federal active duty service or Reserve or Individual Ready Reserve Service. Effective July 1, 2020.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. 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.

"Qualified dependent" means any spouse or natural born or legally adopted child of a veteran of the United States Armed Forces who meets all of the following qualifications:

(1) Has earned a high school diploma or high school equivalency certificate and is less than 26 years of age, unless granted an extension by the Commission due to a qualifying illness or debilitating condition.

(2) Meets the cumulative grade point average requirements of the postsecondary institution.

(3) Is a resident of Illinois for the term in which the grant under subsection (i) is transferred.

"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 the definition of "qualified applicant" 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 person qualified applicant who has been or is to be awarded assistance under this Section shall receive that assistance if the person 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 person qualified applicant is enrolled shall honor without any condition other than the person's 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.

(i) Beginning with the 2021-2022 academic year, a grant awarded under this Section may be transferred to a qualified dependent if the qualified dependent's spouse or parent meets all of the following qualifications:

(1) He or she is a qualified applicant under subsection (a) or (b).

(2) He or she has served at least 8 years combined of federal active duty service or Reserve or Individual Ready Reserve service.

(3) He or she has no federal veterans' educational benefits or no federal veterans' educational benefits dedicated only to the payment of tuition and fees, such as Chapter 31 or 33 benefits, for an enrolled term or semester that exceed the value of a grant under this Section.

(4) He or she is a resident of Illinois during the term of the qualified dependent's enrollment unless the veteran has been recalled to active duty outside the State or has rejoined the military and is outside the State pursuant to military orders. However, a veteran who has a service-connected disability rating, as determined by the U.S. Department of Veterans Affairs, of 90% to 100% or is unemployable based on a total disability, as determined by the U.S. Department of Veterans Affairs, is not required to maintain Illinois residency while his or her qualified dependent receives benefits under this subsection.

A qualified dependent of a person who was killed in the line of duty, was a prisoner of war, was missing in action, had a service-connected disability rating, as determined by the U.S. Department of Veterans Affairs, of 90% to 100%, was unemployable based on a total disability, as determined by the U.S. Department of Veterans Affairs, or died as a result of injury or illness directly related to his or her military service is eligible for a grant transfer of no less than 120 credit hours under this subsection if the spouse or parent would have otherwise met the qualifications under this subsection. A dependent who is a natural born or legally adopted child of a veteran may still qualify for a grant under this subsection if he or she marries or if his or her parents divorce.

Benefits under this Section may not be used simultaneously by both the veteran and his or her qualified dependent. A veteran may revoke or otherwise change the transfer of his or her benefits to a qualified dependent under this subsection at any time but may not transfer his or her benefits to the same qualified dependent again once those benefits have been revoked for that qualified dependent.

A veteran may transfer benefits under this subsection to multiple qualified dependents; however, the total number of credit hours of assistance transferred may not exceed 120 credit hours, and a veteran may transfer benefits to only one qualified dependent at a time.

(Source: P.A. 101-334, eff. 8-9-19.)

Section 99. Effective date. This Act takes effect July 1, 2020.