Illinois General Assembly - Full Text of HB5175
Illinois General Assembly

Previous General Assemblies

Full Text of HB5175  102nd General Assembly


Rep. Stephanie A. Kifowit

Filed: 2/23/2022





10200HB5175ham001LRB102 25267 NLB 36683 a


2    AMENDMENT NO. ______. Amend House Bill 5175 by replacing
3everything after the enacting clause with the following:
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



10200HB5175ham001- 2 -LRB102 25267 NLB 36683 a

1Veterans Educational Assistance Act of 2008 or any subsequent
2variation of that Act, then the board shall deem that person an
3in-district resident for tuition purposes. Beginning with the
42015-2016 academic year, if a person is utilizing benefits
5under the federal All-Volunteer Force Educational Assistance
6Program, then the board shall deem that person an in-district
7resident for tuition purposes. Beginning with the 2019-2020
8academic year through the 2021-2022 academic year, per the
9federal requirements for maintaining approval for veterans'
10education benefits under 38 U.S.C. 3679(c), if a person is on
11active military duty or is receiving veterans' education
12benefits, then the board shall deem that person an Illinois
13resident for tuition purposes for any academic quarter,
14semester, or term, as applicable. Beginning with the 2022-2023
15academic year, per the federal requirements for maintaining
16approval for veterans' education benefits under 38 U.S.C.
173679(c), if a person is on active duty or is an individual
18entitled to assistance as described in 38 U.S.C. 3679(c), then
19the board shall deem that person an in-district resident for
20tuition purposes for any academic quarter, semester, or term,
21as applicable.
22(Source: P.A. 101-424, eff. 8-16-19.)
23    Section 10. The Higher Education Student Assistance Act is
24amended by changing Section 40 as follows:



10200HB5175ham001- 3 -LRB102 25267 NLB 36683 a

1    (110 ILCS 947/40)
2    Sec. 40. Illinois Veteran grant program.
3    (a) As used in this Section:
4    "Qualified applicant" means a person who served in the
5Armed Forces of the United States, a Reserve component of the
6Armed Forces, or the Illinois National Guard, excluding
7members of the Reserve Officers' Training Corps and those
8whose only service has been attendance at a service academy,
9and who meets all of the qualifications of either paragraphs
10(1) through (4) or paragraphs (2), (3), and (5):
11        (1) At the time of entering federal active duty
12    service the person was one of the following:
13            (A) An Illinois resident.
14            (B) An Illinois resident within 6 months of
15        entering such service.
16            (C) Enrolled at a State-controlled university or
17        public community college in this State.
18        (2) The person meets one of the following
19    requirements:
20            (A) He or she served at least one year of federal
21        active duty.
22            (B) He or she served less than one year of federal
23        active duty and received an honorable discharge for
24        medical reasons directly connected with such service.
25            (C) He or she served less than one year of federal
26        active duty and was discharged prior to August 11,



10200HB5175ham001- 4 -LRB102 25267 NLB 36683 a

1        1967.
2            (D) He or she served less than one year of federal
3        active duty in a foreign country during a time of
4        hostilities in that foreign country.
5        (3) The person received an honorable discharge after
6    leaving each period of federal active duty service.
7        (4) The person returned to this State within 6 months
8    after leaving federal active duty service, or, if married
9    to a person in continued military service stationed
10    outside this State, returned to this State within 6 months
11    after his or her spouse left service or was stationed
12    within this State.
13        (5) The person does not meet the requirements of
14    paragraph (1), but (i) is a resident of Illinois at the
15    time of application to the Commission and (ii) at some
16    point after leaving federal active duty service, was a
17    resident of Illinois for at least 15 consecutive years.
18    "Time of hostilities" means any action by the Armed Forces
19of the United States that is recognized by the issuance of a
20Presidential proclamation or a Presidential executive order
21and in which the Armed Forces expeditionary medal or other
22campaign service medals are awarded according to Presidential
23executive order.
24    (b) A person who otherwise qualifies under subsection (a)
25of this Section but has not left federal active duty service
26and has served at least one year of federal active duty or has



10200HB5175ham001- 5 -LRB102 25267 NLB 36683 a

1served for less than one year of federal active duty in a
2foreign country during a time of hostilities in that foreign
3country and who can provide documentation demonstrating an
4honorable service record is eligible to receive assistance
5under this Section.
6    (c) A qualified applicant is not required to pay any
7tuition or mandatory fees while attending a State-controlled
8university or public community college in this State for a
9period that is equivalent to 4 years of full-time enrollment,
10including summer terms.
11    A qualified applicant who has previously received benefits
12under this Section for a non-mandatory fee shall continue to
13receive benefits covering such fees while he or she is
14enrolled in a continuous program of study. The qualified
15applicant shall no longer receive a grant covering
16non-mandatory fees if he or she fails to enroll during an
17academic term, unless he or she is serving federal active duty
19    (d) A qualified applicant who has been or is to be awarded
20assistance under this Section shall receive that assistance if
21the qualified applicant notifies his or her postsecondary
22institution of that fact by the end of the school term for
23which assistance is requested.
24    (e) Assistance under this Section is considered an
25entitlement that the State-controlled college or public
26community college in which the qualified applicant is enrolled



10200HB5175ham001- 6 -LRB102 25267 NLB 36683 a

1shall honor without any condition other than the qualified
2applicant's maintenance of minimum grade levels and a
3satisfactory student loan repayment record pursuant to
4subsection (c) of Section 20 of this Act.
5    (f) The Commission shall administer the grant program
6established by this Section and shall make all necessary and
7proper rules not inconsistent with this Section for its
8effective implementation.
9    (g) All applications for assistance under this Section
10must be made to the Commission on forms that the Commission
11shall provide. The Commission shall determine the form of
12application and the information required to be set forth in
13the application, and the Commission shall require qualified
14applicants to submit with their applications any supporting
15documents that the Commission deems necessary. Upon request,
16the Department of Veterans' Affairs shall assist the
17Commission in determining the eligibility of applicants for
18assistance under this Section.
19    (h) Assistance under this Section is available as long as
20the federal government provides educational benefits to
21veterans. Assistance must not be paid under this Section after
226 months following the termination of educational benefits to
23veterans by the federal government, except for persons who
24already have begun their education with assistance under this
25Section. If the federal government terminates educational
26benefits to veterans and at a later time resumes those



10200HB5175ham001- 7 -LRB102 25267 NLB 36683 a

1benefits, assistance under this Section shall resume.
2(Source: P.A. 101-334, eff. 8-9-19.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".