Bill Text: IL HB2394 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends various Acts relating to the governance of public universities in Illinois and the Higher Education Student Assistance Act. Provides that notwithstanding any other provision of law to the contrary, a student who meets the requirements concerning being deemed an Illinois resident for tuition purposes is eligible to apply or receive consideration for any student aid or benefit funded or administered by the State, State agencies, public institutions, or the university, including scholarships, grants, awards, stipends, room and board, tuition waivers, or other financial or in-kind assistance, but excluding Monetary Award Program grants. Prohibits each university and the Illinois Student Assistance Commission from denying a scholarship, grant, or loan to a person who has been convicted of illegal possession or sale of cannabis, controlled substances, or methamphetamine if he or she otherwise qualifies for the scholarship, grant, or loan.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2017-11-08 - House Floor Amendment No. 4 Tabled Pursuant to Rule 40 [HB2394 Detail]

Download: Illinois-2017-HB2394-Engrossed.html

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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

HB2394 Engrossed - 2 - LRB100 08739 NHT 18877 b
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. Beginning with the
2013-2014 academic year, if a person is utilizing benefits

HB2394 Engrossed - 3 - LRB100 08739 NHT 18877 b
under the federal Post-9/11 Veterans Educational Assistance
Act of 2008 or any subsequent variation of that Act, then the
Board of Trustees shall deem that person an Illinois resident
for tuition purposes. Beginning with the 2015-2016 academic
year, if a person is utilizing benefits under the federal
All-Volunteer Force Educational Assistance Program, then the
Board of Trustees shall deem that person an Illinois resident
for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
Section 10. The Southern Illinois University Management
Act is amended by changing Section 8d-5 as follows:
(110 ILCS 520/8d-5)

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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

HB2394 Engrossed - 5 - LRB100 08739 NHT 18877 b
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. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent
variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection

HB2394 Engrossed - 6 - LRB100 08739 NHT 18877 b
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
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

HB2394 Engrossed - 7 - LRB100 08739 NHT 18877 b
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

HB2394 Engrossed - 8 - LRB100 08739 NHT 18877 b
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. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent
variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.

HB2394 Engrossed - 9 - LRB100 08739 NHT 18877 b
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
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

HB2394 Engrossed - 10 - LRB100 08739 NHT 18877 b
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. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent
variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the

HB2394 Engrossed - 11 - LRB100 08739 NHT 18877 b
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
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

HB2394 Engrossed - 12 - LRB100 08739 NHT 18877 b
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

HB2394 Engrossed - 13 - LRB100 08739 NHT 18877 b
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. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent
variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,

HB2394 Engrossed - 14 - LRB100 08739 NHT 18877 b
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
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

HB2394 Engrossed - 15 - LRB100 08739 NHT 18877 b
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

HB2394 Engrossed - 16 - LRB100 08739 NHT 18877 b
duty being reassigned or (ii) remains continuously enrolled at
the University. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent
variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
Section 35. The Northeastern Illinois University Law is
amended by changing Section 25-88 as follows:

HB2394 Engrossed - 17 - LRB100 08739 NHT 18877 b
(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.

HB2394 Engrossed - 18 - LRB100 08739 NHT 18877 b
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. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent
variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.

HB2394 Engrossed - 19 - LRB100 08739 NHT 18877 b
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
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

HB2394 Engrossed - 20 - LRB100 08739 NHT 18877 b
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

HB2394 Engrossed - 21 - LRB100 08739 NHT 18877 b
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. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent
variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law

HB2394 Engrossed - 22 - LRB100 08739 NHT 18877 b
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
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.

HB2394 Engrossed - 23 - LRB100 08739 NHT 18877 b
(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. Beginning with the 2013-2014 academic year, if
a person is utilizing benefits under the federal Post-9/11
Veterans Educational Assistance Act of 2008 or any subsequent

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variation of that Act, then the Board shall deem that person an
Illinois resident for tuition purposes. Beginning with the
2015-2016 academic year, if a person is utilizing benefits
under the federal All-Volunteer Force Educational Assistance
Program, then the Board shall deem that person an Illinois
resident for tuition purposes.
(c) Notwithstanding any other provision of law to the
contrary, a student who meets the requirements of subsection
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or
administered by the State, State agencies, public
institutions, or the University, including, but not limited to,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with
the exception of Monetary Award Program grants. The General
Assembly finds and declares that this Section is a State law
within the meaning of subsection (d) of Section 1621 of Title 8
of the United States Code.
(Source: P.A. 98-306, eff. 8-12-13; 99-309, eff. 8-7-15.)
HB2394 Engrossed - 25 - LRB100 08739 NHT 18877 b
INDEX
Statutes amended in order of appearance