Illinois General Assembly - Full Text of HB5175
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Full Text of HB5175  102nd General Assembly




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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 Public Community College Act is amended by
5changing Section 6-4 as follows:
6    (110 ILCS 805/6-4)  (from Ch. 122, par. 106-4)
7    Sec. 6-4. Variable rates and fees. Any community college
8district, by resolution of the board, may establish variable
9tuition rates and fees for students attending its college in
10an amount not to exceed 1/3 of the per capita cost as defined
11in Section 6-2, provided that voluntary contributions, as
12defined in Section 65 of the Higher Education Student
13Assistance Act, shall not be included in any calculation of
14community college tuition and fee rates for the purpose of
15this Section. Beginning with the 2013-2014 academic year, if a
16person is utilizing benefits under the federal Post-9/11
17Veterans Educational Assistance Act of 2008 or any subsequent
18variation of that Act, then the board shall deem that person an
19in-district resident for tuition purposes. Beginning with the
202015-2016 academic year, if a person is utilizing benefits
21under the federal All-Volunteer Force Educational Assistance
22Program, then the board shall deem that person an in-district
23resident for tuition purposes. Beginning with the 2019-2020



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1academic year through the 2021-2022 academic year, per the
2federal requirements for maintaining approval for veterans'
3education benefits under 38 U.S.C. 3679(c), if a person is on
4active military duty or is receiving veterans' education
5benefits, then the board shall deem that person an Illinois
6resident for tuition purposes for any academic quarter,
7semester, or term, as applicable. Beginning with the 2022-2023
8academic year, per the federal requirements for maintaining
9approval for veterans' education benefits under 38 U.S.C.
103679(c), if a person is on active duty or is an individual
11entitled to assistance as described in 38 U.S.C. 3679(c), then
12the board shall deem that person an in-district resident for
13tuition purposes for any academic quarter, semester, or term,
14as applicable.
15(Source: P.A. 101-424, eff. 8-16-19.)
16    Section 10. The Higher Education Student Assistance Act is
17amended by changing Section 40 as follows:
18    (110 ILCS 947/40)
19    Sec. 40. Illinois Veteran grant program.
20    (a) As used in this Section:
21    "Qualified applicant" means a person who served in the
22Armed Forces of the United States, a Reserve component of the
23Armed Forces, or the Illinois National Guard, excluding
24members of the Reserve Officers' Training Corps and those



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1whose only service has been attendance at a service academy,
2and who meets all of the qualifications of either paragraphs
3(1) through (4) or paragraphs (2), (3), and (5):
4        (1) At the time of entering federal active duty
5    service the person was one of the following:
6            (A) An Illinois resident.
7            (B) An Illinois resident within 6 months of
8        entering such service.
9            (C) Enrolled at a State-controlled university or
10        public community college in this State.
11        (2) The person meets one of the following
12    requirements:
13            (A) He or she served at least one year of federal
14        active duty.
15            (B) He or she served less than one year of federal
16        active duty and received an honorable discharge for
17        medical reasons directly connected with such service.
18            (C) He or she served less than one year of federal
19        active duty and was discharged prior to August 11,
20        1967.
21            (D) He or she served less than one year of federal
22        active duty in a foreign country during a time of
23        hostilities in that foreign country.
24        (3) The person received an honorable discharge after
25    leaving each period of federal active duty service.
26        (4) The person returned to this State within 6 months



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1    after leaving federal active duty service, or, if married
2    to a person in continued military service stationed
3    outside this State, returned to this State within 6 months
4    after his or her spouse left service or was stationed
5    within this State.
6        (5) The person does not meet the requirements of
7    paragraph (1), but (i) is a resident of Illinois at the
8    time of application to the Commission and (ii) at some
9    point after leaving federal active duty service, was a
10    resident of Illinois for at least 15 consecutive years.
11    "Time of hostilities" means any action by the Armed Forces
12of the United States that is recognized by the issuance of a
13Presidential proclamation or a Presidential executive order
14and in which the Armed Forces expeditionary medal or other
15campaign service medals are awarded according to Presidential
16executive order.
17    (b) A person who otherwise qualifies under subsection (a)
18of this Section but has not left federal active duty service
19and has served at least one year of federal active duty or has
20served for less than one year of federal active duty in a
21foreign country during a time of hostilities in that foreign
22country and who can provide documentation demonstrating an
23honorable service record is eligible to receive assistance
24under this Section.
25    (c) A qualified applicant is not required to pay any
26tuition or mandatory fees while attending a State-controlled



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1university or public community college in this State for a
2period that is equivalent to 4 years of full-time enrollment,
3including summer terms.
4    A qualified applicant who has previously received benefits
5under this Section for a non-mandatory fee shall continue to
6receive benefits covering such fees while he or she is
7enrolled in a continuous program of study. The qualified
8applicant shall no longer receive a grant covering
9non-mandatory fees if he or she fails to enroll during an
10academic term, unless he or she is serving federal active duty
12    (d) A qualified applicant who has been or is to be awarded
13assistance under this Section shall receive that assistance if
14the qualified applicant notifies his or her postsecondary
15institution of that fact by the end of the school term for
16which assistance is requested.
17    (e) Assistance under this Section is considered an
18entitlement that the State-controlled college or public
19community college in which the qualified applicant is enrolled
20shall honor without any condition other than the qualified
21applicant's maintenance of minimum grade levels and a
22satisfactory student loan repayment record pursuant to
23subsection (c) of Section 20 of this Act.
24    (f) The Commission shall administer the grant program
25established by this Section and shall make all necessary and
26proper rules not inconsistent with this Section for its



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1effective implementation.
2    (g) All applications for assistance under this Section
3must be made to the Commission on forms that the Commission
4shall provide. The Commission shall determine the form of
5application and the information required to be set forth in
6the application, and the Commission shall require qualified
7applicants to submit with their applications any supporting
8documents that the Commission deems necessary. Upon request,
9the Department of Veterans' Affairs shall assist the
10Commission in determining the eligibility of applicants for
11assistance under this Section.
12    (h) Assistance under this Section is available as long as
13the federal government provides educational benefits to
14veterans. Assistance must not be paid under this Section after
156 months following the termination of educational benefits to
16veterans by the federal government, except for persons who
17already have begun their education with assistance under this
18Section. If the federal government terminates educational
19benefits to veterans and at a later time resumes those
20benefits, assistance under this Section shall resume.
21(Source: P.A. 101-334, eff. 8-9-19.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.