Bill Text: IL HB2823 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends various Acts relating to the governance of public universities and community colleges in Illinois. Provides that, in determining whether an individual is an Illinois resident, if the individual enrolls or attains credits at a public or private elementary school in this State, a public or private high school in this State, an adult school organized under the Public Community College Act, or a community college campus organized under the Public Community College Act, or either graduated from a public or private high school or received the equivalent of a high school diploma in this State, attained an associate degree from a community college campus organized under the Public Community College Act, or fulfilled the minimum transfer requirements established by the college for students transferring from a campus of a community college organized under the Public Community College Act, then the individual can qualify as a resident (instead of requiring that the individual resided with his or her parent or guardian while attending a public or private high school in this State or graduated from a public or private high school or received the equivalent of a high school diploma in this State). Removes the requirement that the individual must attend 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 to qualify as an Illinois resident.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2823 Detail]

Download: Illinois-2023-HB2823-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2823 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
110 ILCS 305/7e-5
110 ILCS 520/8d-5
110 ILCS 660/5-88
110 ILCS 665/10-88
110 ILCS 670/15-88
110 ILCS 675/20-88
110 ILCS 680/25-88
110 ILCS 685/30-88
110 ILCS 690/35-88
Amends various Acts relating to the governance of public universities and community colleges in Illinois. Provides that, in determining whether an individual is an Illinois resident, if the individual enrolls or attains credits at a public or private elementary school in this State, a public or private high school in this State, an adult school organized under the Public Community College Act, or a community college campus organized under the Public Community College Act, or either graduated from a public or private high school or received the equivalent of a high school diploma in this State, attained an associate degree from a community campus college organized under the Public Community College Act, or fulfills of the minimum transfer requirements established by the college for students transferring from a campus of a community college organized under the Public Community College Act, then the individual can qualify as a resident (instead of resided with his or her parent or guardian while attending a public or private high school in this State or individual graduated from a public or private high school or received the equivalent of a high school diploma in this State). Removes the requirement that the individual must attend 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 to qualify as an Illinois resident.
LRB103 29379 RJT 55768 b
A BILL FOR
HB2823 LRB103 29379 RJT 55768 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 as follows:
(110 ILCS 305/7e-5)
Sec. 7e-5. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.

HB2823 - 2 - LRB103 29379 RJT 55768 b
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by the University of Illinois
for students transferring from a campus of a community
college organized under the Public Community College
Act.
(3) (Blank.) 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) (Blank.) 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

HB2823 - 3 - LRB103 29379 RJT 55768 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 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
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. Beginning with the 2019-2020 academic

HB2823 - 4 - LRB103 29379 RJT 55768 b
year, per the federal requirements for maintaining approval
for veterans' education benefits under 38 U.S.C. 3679(c), if a
person is on active military duty or is receiving veterans'
education benefits, then the Board of Trustees shall deem that
person an Illinois resident for tuition purposes for any
academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
Section 10. The Southern Illinois University Management
Act is amended by changing Section 8d-5 as follows:
(110 ILCS 520/8d-5)
Sec. 8d-5. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public

HB2823 - 5 - LRB103 29379 RJT 55768 b
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by Southern Illinois
University for students transferring from a campus of
a community college organized under the Public
Community College Act.
(3) (Blank.) 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) (Blank.) 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

HB2823 - 6 - LRB103 29379 RJT 55768 b
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
under the federal All-Volunteer Force Educational Assistance

HB2823 - 7 - LRB103 29379 RJT 55768 b
Program, then the Board shall deem that person an Illinois
resident for tuition purposes. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
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, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;

HB2823 - 8 - LRB103 29379 RJT 55768 b
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by Chicago State University
for students transferring from a campus of a community
college organized under the Public Community College
Act.
(3) (Blank.) 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) (Blank.) 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

HB2823 - 9 - LRB103 29379 RJT 55768 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

HB2823 - 10 - LRB103 29379 RJT 55768 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. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
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, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.

HB2823 - 11 - LRB103 29379 RJT 55768 b
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by Eastern Illinois
University for students transferring from a campus of
a community college organized under the Public
Community College Act.
(3) (Blank.) 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) (Blank.) The individual registers as an entering
student in the University not earlier than the 2003 fall
semester.

HB2823 - 12 - LRB103 29379 RJT 55768 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

HB2823 - 13 - LRB103 29379 RJT 55768 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. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
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, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or

HB2823 - 14 - LRB103 29379 RJT 55768 b
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by Governors State University
for students transferring from a campus of a community
college organized under the Public Community College
Act.
(3) (Blank.) 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) (Blank.) The individual registers as an entering

HB2823 - 15 - LRB103 29379 RJT 55768 b
student in the University not earlier than the 2003 fall
semester.
(5) In the case of an individual who is not a citizen
or a permanent resident of the United States, the
individual provides the University with an affidavit
stating that the individual will file an application to
become a permanent resident of the United States at the
earliest opportunity the individual is eligible to do so.
This subsection (a) applies only to tuition for a term or
semester that begins on or after May 20, 2003 (the effective
date of Public Act 93-7). Any revenue lost by the University in
implementing this subsection (a) shall be absorbed by the
University Income Fund.
(b) If a person is on active military duty and stationed in
Illinois, then the Board shall deem that person and any of his
or her dependents Illinois residents for tuition purposes.
Beginning with the 2009-2010 academic year, if a person is on
active military duty and is stationed out of State, but he or
she was stationed in this State for at least 3 years
immediately prior to being reassigned out of State, then the
Board shall deem that person and any of his or her dependents
Illinois residents for tuition purposes, as long as that
person or his or her dependent (i) applies for admission to the
University within 18 months of the person on active military
duty being reassigned or (ii) remains continuously enrolled at
the University. Beginning with the 2013-2014 academic year, if

HB2823 - 16 - LRB103 29379 RJT 55768 b
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. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
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, at a minimum, 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:

HB2823 - 17 - LRB103 29379 RJT 55768 b
(1) The individual enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by Illinois State University
for students transferring from a campus of a community
college organized under the Public Community College
Act.
(3) (Blank.) 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

HB2823 - 18 - LRB103 29379 RJT 55768 b
high school diploma.
(4) (Blank.) 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

HB2823 - 19 - LRB103 29379 RJT 55768 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. 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. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
Section 35. The Northeastern Illinois University Law is
amended by changing Section 25-88 as follows:
(110 ILCS 680/25-88)

HB2823 - 20 - LRB103 29379 RJT 55768 b
Sec. 25-88. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by Northeastern Illinois

HB2823 - 21 - LRB103 29379 RJT 55768 b
University for students transferring from a campus of
a community college organized under the Public
Community College Act.
(3) (Blank.) 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) (Blank.) 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

HB2823 - 22 - LRB103 29379 RJT 55768 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. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
Section 40. The Northern Illinois University Law is
amended by changing Section 30-88 as follows:

HB2823 - 23 - LRB103 29379 RJT 55768 b
(110 ILCS 685/30-88)
Sec. 30-88. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) A community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree
from a community college campus organized under the
Public Community College Act; or

HB2823 - 24 - LRB103 29379 RJT 55768 b
(C) the individual fulfilled the minimum transfer
requirements established by Northern Illinois
University for students transferring from a campus of
a community college organized under the Public
Community College Act.
(3) (Blank.) 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) (Blank.) 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.

HB2823 - 25 - LRB103 29379 RJT 55768 b
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. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)

HB2823 - 26 - LRB103 29379 RJT 55768 b
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, at a minimum, 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 enrolls in or attains credits at
any of the following: The individual resided with his or
her parent or guardian while attending a public or private
high school in this State.
(A) a public or private elementary school in this
State;
(B) a public or private high school in this State;
(C) an adult school organized under the Public
Community College Act; or
(D) a community college campus organized under the
Public Community College Act.
(2) The individual satisfies any of the following:
(A) the The individual graduated from a public or
private high school or received the equivalent of a
high school diploma in this State; .
(B) the individual attained an associate degree

HB2823 - 27 - LRB103 29379 RJT 55768 b
from a community college campus organized under the
Public Community College Act; or
(C) the individual fulfilled the minimum transfer
requirements established by Western Illinois
University for students transferring from a campus of
a community college organized under the Public
Community College Act.
(3) (Blank.) 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) (Blank.) 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

HB2823 - 28 - LRB103 29379 RJT 55768 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. Beginning with the 2019-2020
academic year, per the federal requirements for maintaining
approval for veterans' education benefits under 38 U.S.C.
3679(c), if a person is on active military duty or is receiving
veterans' education benefits, then the Board of Trustees shall
deem that person an Illinois resident for tuition purposes for
any academic quarter, semester, or term, as applicable.

HB2823 - 29 - LRB103 29379 RJT 55768 b
(Source: P.A. 101-424, eff. 8-16-19.)