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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2394 Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED:
See Index
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.
LRB100 08739 NHT 18877 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2394 LRB100 08739 NHT 18877 b
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 and by adding Section 100 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 - 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 - 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.)
(110 ILCS 305/100 new)
Sec. 100. Qualification for financial aid. The University
may not deny a scholarship, grant, or loan to a person who has
been convicted of illegal possession or sale of cannabis,

HB2394 - 4 - LRB100 08739 NHT 18877 b
controlled substances, or methamphetamine if he or she
otherwise qualifies for the scholarship, grant, or loan.
Section 10. The Southern Illinois University Management
Act is amended by changing Section 8d-5 and by adding Section
85 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.

HB2394 - 5 - 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

HB2394 - 6 - LRB100 08739 NHT 18877 b
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.)
(110 ILCS 520/85 new)
Sec. 85. Qualification for financial aid. The University
may not deny 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.

HB2394 - 7 - LRB100 08739 NHT 18877 b
Section 15. The Chicago State University Law is amended by
changing Section 5-88 and by adding Section 5-195 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

HB2394 - 8 - LRB100 08739 NHT 18877 b
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
2015-2016 academic year, if a person is utilizing benefits

HB2394 - 9 - LRB100 08739 NHT 18877 b
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.)
(110 ILCS 660/5-195 new)
Sec. 5-195. Qualification for financial aid. The
University may not deny 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.
Section 20. The Eastern Illinois University Law is amended
by changing Section 10-88 and by adding Section 10-195 as

HB2394 - 10 - LRB100 08739 NHT 18877 b
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

HB2394 - 11 - LRB100 08739 NHT 18877 b
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
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

HB2394 - 12 - LRB100 08739 NHT 18877 b
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.)
(110 ILCS 665/10-195 new)
Sec. 10-195. Qualification for financial aid. The
University may not deny 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.
Section 25. The Governors State University Law is amended
by changing Section 15-88 and by adding Section 15-195 as
follows:

HB2394 - 13 - LRB100 08739 NHT 18877 b
(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

HB2394 - 14 - LRB100 08739 NHT 18877 b
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.
(c) Notwithstanding any other provision of law to the

HB2394 - 15 - LRB100 08739 NHT 18877 b
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.)
(110 ILCS 670/15-195 new)
Sec. 15-195. Qualification for financial aid. The
University may not deny 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.
Section 30. The Illinois State University Law is amended by
changing Section 20-88 and by adding Section 20-200 as follows:
(110 ILCS 675/20-88)
Sec. 20-88. In-state tuition charge.
(a) Notwithstanding any other provision of law to the

HB2394 - 16 - LRB100 08739 NHT 18877 b
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

HB2394 - 17 - LRB100 08739 NHT 18877 b
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
(a) of this Section is eligible to apply or receive
consideration for any student aid or benefit funded or

HB2394 - 18 - LRB100 08739 NHT 18877 b
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.)
(110 ILCS 675/20-200 new)
Sec. 20-200. Qualification for financial aid. The
University may not deny 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.
Section 35. The Northeastern Illinois University Law is
amended by changing Section 25-88 and by adding Section 25-195
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

HB2394 - 19 - 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 - 20 - 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 - 21 - 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.)
(110 ILCS 680/25-195 new)
Sec. 25-195. Qualification for financial aid. The
University may not deny 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.
Section 40. The Northern Illinois University Law is amended
by changing Section 30-88 and by adding Section 30-205 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:

HB2394 - 22 - LRB100 08739 NHT 18877 b
(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.

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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,
scholarships, grants, awards, stipends, room and board,
tuition waivers, or other financial or in-kind assistance, with

HB2394 - 24 - LRB100 08739 NHT 18877 b
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.)
(110 ILCS 685/30-205 new)
Sec. 30-205. Qualification for financial aid. The
University may not deny 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.
Section 45. The Western Illinois University Law is amended
by changing Section 35-88 and by adding Section 35-200 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

HB2394 - 25 - 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 - 26 - 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 - 27 - 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.)
(110 ILCS 690/35-200 new)
Sec. 35-200. Qualification for financial aid. The
University may not deny 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.
Section 50. The Higher Education Student Assistance Act is
amended by changing Section 20 as follows:
(110 ILCS 947/20)
Sec. 20. Functions of Commission.
(a) The Commission, in accordance with this Act, shall
prepare and supervise the issuance of public information
concerning its provisions; prescribe the form and regulate the
submission of applications for assistance; provide for and
conduct, or cause to be conducted, all eligibility
determinations of applicants; award the appropriate financial
assistance; and, upon request by a member of the General
Assembly, nominate or evaluate and recommend for nomination
applicants for General Assembly scholarships in accordance
with criteria specified by the member under Section 30-9 of the

HB2394 - 28 - LRB100 08739 NHT 18877 b
School Code.
(b) The Commission is authorized to participate in any
programs for monetary assistance to students and to receive,
hold, and disburse all such funds made available by any agency
or organization for the purpose or purposes for which they are
made available. The Commission is authorized to administer a
program of grant assistance as authorized by the Baccalaureate
Savings Act. The Commission is authorized to participate in any
programs established to improve student financial aid services
or the proficiency of persons engaged in student financial aid
services and to receive, hold, and disburse all funds made
available by any agency or organization for the purpose or
purposes for which they are made available subject to the
appropriations of the General Assembly.
(c) The Commission is authorized to deny a scholarship or a
grant to any person who has defaulted on a guaranteed student
loan and who is not maintaining a satisfactory repayment
record. If a person has a defaulted guaranteed student loan but
is otherwise eligible for assistance pursuant to Section 40,
the Commission shall award one term of assistance during which
a satisfactory repayment record must be established. If such a
repayment record is not established, additional assistance
shall be denied until a satisfactory repayment record is
established.
(c-5) The Commission may not deny a scholarship, grant, or
loan to a person who has been convicted of illegal possession

HB2394 - 29 - LRB100 08739 NHT 18877 b
or sale of cannabis, controlled substances, or methamphetamine
if he or she otherwise qualifies for the scholarship, grant, or
loan.
(d) The Commission is authorized to participate with
federal, state, county, local, and university law enforcement
agencies in cooperative efforts to detect and prosecute
incidents of fraud in student assistance programs.
(e) The Administrative Review Law shall apply to and govern
all proceedings for the judicial review of final administrative
decisions of the Commission.
(f) The Commission is authorized to make all necessary and
proper rules, not inconsistent with this Act, for the efficient
exercise of the foregoing functions.
(g) Unless otherwise provided by statute, the functions of
the Commission shall be exercised without regard to any
applicant's race, creed, sex, color, national origin, or
ancestry.
(h) The Commission is authorized to establish systems and
programs to encourage employers to match employee
contributions to prepaid programs of college savings by making
donations to the Commission for prepaid programs of college
savings to make higher education affordable for all residents
of the State and to receive, hold, and disburse all such funds
made available through those programs for the purposes for
which they are authorized by rule or by law.
(Source: P.A. 96-198, eff. 8-10-09.)
HB2394 - 30 - LRB100 08739 NHT 18877 b
INDEX
Statutes amended in order of appearance