Bill Text: IL HB5824 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Higher Education Student Assistance Act. With respect to Veteran grants and Illinois National Guard and Naval Militia grants, Provides that a person who otherwise qualifies for a grant, and who elects not to participate in specified grant or assistance programs, may relinquish his or her entitlement to the grant and instead transfer that entitlement to his or her spouse, natural child, legally adopted child, or step-child. Effective July 1, 2010.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2010-04-23 - Rule 3-9(a) / Re-referred to Assignments [HB5824 Detail]

Download: Illinois-2009-HB5824-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 Higher Education Student Assistance Act is
amended by changing Sections 40 and 45 as follows:
(110 ILCS 947/40)
Sec. 40. Illinois Veteran grant program.
(a) As used in this Section:
"Qualified applicant" means a person who served in the
Armed Forces of the United States, a Reserve component of the
Armed Forces, or the Illinois National Guard, excluding members
of the Reserve Officers' Training Corps and those whose only
service has been attendance at a service academy, and who meets
all of the following qualifications:
(1) At the time of entering federal active duty service
the person was one of the following:
(A) An Illinois resident.
(B) An Illinois resident within 6 months of
entering such service.
(C) Enrolled at a State-controlled university or
public community college in this State.
(2) The person meets one of the following requirements:
(A) He or she served at least one year of federal

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active duty.
(B) He or she served less than one year of federal
active duty and received an honorable discharge for
medical reasons directly connected with such service.
(C) He or she served less than one year of federal
active duty and was discharged prior to August 11,
1967.
(D) He or she served less than one year of federal
active duty in a foreign country during a time of
hostilities in that foreign country.
(3) The person received an honorable discharge after
leaving each period of federal active duty service.
(4) The person returned to this State within 6 months
after leaving federal active duty service, or, if married
to a person in continued military service stationed outside
this State, returned to this State within 6 months after
his or her spouse left service or was stationed within this
State.
"Time of hostilities" means any action by the Armed Forces
of the United States that is recognized by the issuance of a
Presidential proclamation or a Presidential executive order
and in which the Armed Forces expeditionary medal or other
campaign service medals are awarded according to Presidential
executive order.
(b) A person who otherwise qualifies under subsection (a)
of this Section but has not left federal active duty service

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and has served at least one year of federal active duty or has
served for less than one year of federal active duty in a
foreign country during a time of hostilities in that foreign
country and who can provide documentation demonstrating an
honorable service record is eligible to receive assistance
under this Section.
(b-5) A person who otherwise qualifies for a grant under
subsection (a) or (b) of this Section and who elects not to
utilize the Illinois Veterans Grant program or any federal
program that provides tuition payments or assistance to
veterans may relinquish his or her entitlement to the grant and
instead transfer that entitlement to his or her spouse, natural
child, legally adopted child, or step-child.
(c) A qualified applicant is not required to pay any
tuition or mandatory fees while attending a State-controlled
university or public community college in this State for a
period that is equivalent to 4 years of full-time enrollment,
including summer terms.
A qualified applicant who has previously received benefits
under this Section for a non-mandatory fee shall continue to
receive benefits covering such fees while he or she is enrolled
in a continuous program of study. The qualified applicant shall
no longer receive a grant covering non-mandatory fees if he or
she fails to enroll during an academic term, unless he or she
is serving federal active duty service.
(d) A qualified applicant who has been or is to be awarded

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assistance under this Section shall receive that assistance if
the qualified applicant notifies his or her postsecondary
institution of that fact by the end of the school term for
which assistance is requested.
(e) Assistance under this Section is considered an
entitlement that the State-controlled college or public
community college in which the qualified applicant is enrolled
shall honor without any condition other than the qualified
applicant's maintenance of minimum grade levels and a
satisfactory student loan repayment record pursuant to
subsection (c) of Section 20 of this Act.
(f) The Commission shall administer the grant program
established by this Section and shall make all necessary and
proper rules not inconsistent with this Section for its
effective implementation.
(g) All applications for assistance under this Section must
be made to the Commission on forms that the Commission shall
provide. The Commission shall determine the form of application
and the information required to be set forth in the
application, and the Commission shall require qualified
applicants to submit with their applications any supporting
documents that the Commission deems necessary. Upon request,
the Department of Veterans' Affairs shall assist the Commission
in determining the eligibility of applicants for assistance
under this Section.
(h) Assistance under this Section is available as long as

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the federal government provides educational benefits to
veterans. Assistance must not be paid under this Section after
6 months following the termination of educational benefits to
veterans by the federal government, except for persons who
already have begun their education with assistance under this
Section. If the federal government terminates educational
benefits to veterans and at a later time resumes those
benefits, assistance under this Section shall resume.
(Source: P.A. 94-583, eff. 8-15-05.)
(110 ILCS 947/45)
Sec. 45. Illinois National Guard and Naval Militia grant
program.
(a) As used in this Section:
"State controlled university or community college" means
those institutions under the administration of the Chicago
State University Board of Trustees, the Eastern Illinois
University Board of Trustees, the Governors State University
Board of Trustees, the Illinois State University Board of
Trustees, the Northeastern Illinois University Board of
Trustees, the Northern Illinois University Board of Trustees,
the Western Illinois University Board of Trustees, Southern
Illinois University Board of Trustees, University of Illinois
Board of Trustees, or the Illinois Community College Board.
"Tuition and fees" shall not include expenses for any
sectarian or denominational instruction, the construction or

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maintenance of sectarian or denominational facilities, or any
other sectarian or denominational purposes or activity.
"Fees" means matriculation, graduation, activity, term, or
incidental fees. Exemption shall not be granted from any other
fees, including book rental, service, laboratory, supply, and
union building fees, hospital and medical insurance fees, and
any fees established for the operation and maintenance of
buildings, the income of which is pledged to the payment of
interest and principal on bonds issued by the governing board
of any university or community college.
(b) Any person who has served at least one year in the
Illinois National Guard or the Illinois Naval Militia and who
possesses all necessary entrance requirements shall, upon
application and proper proof, be awarded a grant to the
State-controlled university or community college of his or her
choice, consisting of exemption from tuition and fees for not
more than the equivalent of 4 years of full-time enrollment,
including summer terms, in relation to his or her course of
study at that State controlled university or community college
while he or she is a member of the Illinois National Guard or
the Illinois Naval Militia. Except as otherwise provided in
this Section, if the recipient of any grant awarded under this
Section ceases to be a member of the Illinois National Guard or
the Illinois Naval Militia while enrolled in a course of study
under that grant, the grant shall be terminated as of the date
membership in the Illinois National Guard or the Illinois Naval

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Militia ended, and the recipient shall be permitted to complete
the school term in which he or she is then enrolled only upon
payment of tuition and other fees allocable to the part of the
term then remaining. If the recipient of a grant awarded under
this Section ceases to be a member of the Illinois National
Guard or the Illinois Naval Militia while enrolled in a course
of study under that grant but (i) has served in the Illinois
National Guard or the Illinois Naval Militia for at least 5
years and (ii) has served a cumulative total of at least 6
months of active duty, then that recipient shall continue to be
eligible for a grant for one year after membership in the
Illinois National Guard or the Illinois Naval Militia ended,
provided that the recipient has not already received the
exemption from tuition and fees for the equivalent of 4 years
of full-time enrollment, including summer terms, under this
Section. If the recipient of the grant fails to complete his or
her military service obligations or requirements for
satisfactory participation, the Department of Military Affairs
shall require the recipient to repay the amount of the grant
received, prorated according to the fraction of the service
obligation not completed, and, if applicable, reasonable
collection fees. The Department of Military Affairs may adopt
rules relating to its collection activities for repayment of
the grant under this Section. Unsatisfactory participation
shall be defined by rules adopted by the Department of Military
Affairs. Repayments shall be deposited in the National Guard

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and Naval Militia Grant Fund. The National Guard and Naval
Militia Grant Fund is created as a special fund in the State
treasury. All money in the National Guard and Naval Militia
Grant Fund shall be used, subject to appropriation, by the
Illinois Student Assistance Commission for the purposes of this
Section.
A grant awarded under this Section shall be considered an
entitlement which the State-controlled university or community
college in which the holder is enrolled shall honor without any
condition other than the holder's maintenance of minimum grade
levels and a satisfactory student loan repayment record
pursuant to subsection (c) of Section 20 of this Act.
(c) Subject to a separate appropriation for such purposes,
the Commission may reimburse the State-controlled university
or community college for grants authorized by this Section.
(d) A person who otherwise qualifies for a grant under
subsection (b) of this Section may relinquish his or her
entitlement to the grant and instead transfer that entitlement
to his or her spouse, natural child, legally adopted child, or
step-child.
(Source: P.A. 93-838, eff. 7-30-04; 93-856, eff. 8-3-04;
94-583, eff. 8-15-05; 94-1020, eff. 7-11-06.)
Section 99. Effective date. This Act takes effect July 1,
2010.