HB5783 97TH GENERAL ASSEMBLY

LRB097 18747 NHT 63982 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5783

Introduced 2/16/2012, by Rep. Kent Gaffney

SYNOPSIS AS INTRODUCED:

110 ILCS 305/7e-5
110 ILCS 520/8d-5
110 ILCS 660/5-88
110 ILCS 665/10-88
110 ILCS 670/15-88
110 ILCS 675/20-88
110 ILCS 680/25-88
110 ILCS 685/30-88
110 ILCS 690/35-88

Amends various Acts relating to the governance of public universities in Illinois. With respect to in-state tuition charges, provides that a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has registered to vote in this State and has demonstrated objective evidence of an intent to be a resident of this State, which includes at least (i) an Illinois driver's license, (ii) Illinois motor vehicle registration, (iii) employment history in this State, (iv) transfer of major banking services to this State, (v) a change of permanent address on all pertinent records, or (vi) other materials of whatever kind or source relevant to domicile or residency status.

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 University of Illinois Act is amended by changing Section 7e-5 as follows:

(110 ILCS 305/7e-5)

Sec. 7e-5. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board of Trustees shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board of Trustees shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 10. The Southern Illinois University Management Act is amended by changing Section 8d-5 as follows:

(110 ILCS 520/8d-5)

Sec. 8d-5. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 15. The Chicago State University Law is amended by changing Section 5-88 as follows:

(110 ILCS 660/5-88)

Sec. 5-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 20. The Eastern Illinois University Law is amended by changing Section 10-88 as follows:

(110 ILCS 665/10-88)

Sec. 10-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 25. The Governors State University Law is amended by changing Section 15-88 as follows:

(110 ILCS 670/15-88)

Sec. 15-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 30. The Illinois State University Law is amended by changing Section 20-88 as follows:

(110 ILCS 675/20-88)

Sec. 20-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 35. The Northeastern Illinois University Law is amended by changing Section 25-88 as follows:

(110 ILCS 680/25-88)

Sec. 25-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 40. The Northern Illinois University Law is amended by changing Section 30-88 as follows:

(110 ILCS 685/30-88)

Sec. 30-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 45. The Western Illinois University Law is amended by changing Section 35-88 as follows:

(110 ILCS 690/35-88)

Sec. 35-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(c) With respect to in-state tuition charges, a person who is honorably discharged from the armed forces of the United States shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which he or she is currently enrolled, does not lose in-state student classification if the person has met the following requirements:

(1) Has registered to vote in this State.

(2) Has demonstrated objective evidence of an intent to be a resident of this State, which, for the purposes of this subsection (c), includes at least one of the following:

(A) An Illinois driver's license.

(B) Illinois motor vehicle registration.

(C) Employment history in this State.

(D) Transfer of major banking services to this State.

(E) A change of permanent address on all pertinent records.

(F) Other materials of whatever kind or source relevant to domicile or residency status.

(Source: P.A. 95-888, eff. 1-1-09.)