Bill Text: IL SB0461 | 2023-2024 | 103rd General Assembly | Engrossed

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. Makes changes to the provisions concerning the in-state tuition charge to require that, beginning on July 1, 2026, an individual, other than an individual who has a non-immigrant alien status that precludes an intent to permanently reside in the United States, shall be charged tuition by the governing board of a public university at the same rate as an Illinois resident if the individual meets specified requirements. Provides that the governing board may adopt a policy to implement and administer the provisions and may adopt a policy for the classification of in-state residents, for tuition purposes, based on residency in this State. Provides that the General Assembly finds and declares that the provisions are a State law within the meaning of certain provisions of the United States Code.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0876 [SB0461 Detail]

Download: Illinois-2023-SB0461-Engrossed.html

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SB0461 Engrossed LRB103 02912 RJT 47918 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, for tuition purposes until July 1, 2026, 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

SB0461 Engrossed - 2 - LRB103 02912 RJT 47918 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) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board of Trustees at the
same rate as an Illinois resident if the individual meets all
of the requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school
in this State or received the equivalent of a high

SB0461 Engrossed - 3 - LRB103 02912 RJT 47918 b
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of
a high school diploma in this State; and

SB0461 Engrossed - 4 - LRB103 02912 RJT 47918 b
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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

SB0461 Engrossed - 5 - LRB103 02912 RJT 47918 b
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
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.
(c) The Board of Trustees may adopt a policy to implement
and administer this Section and may adopt a policy for the
classification of in-state residents, for tuition purposes,
based on residency in this State.
(d) 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. 101-424, eff. 8-16-19.)

SB0461 Engrossed - 6 - LRB103 02912 RJT 47918 b
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, for tuition purposes until July 1, 2026, 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

SB0461 Engrossed - 7 - LRB103 02912 RJT 47918 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) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and

SB0461 Engrossed - 8 - LRB103 02912 RJT 47918 b
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized

SB0461 Engrossed - 9 - LRB103 02912 RJT 47918 b
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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

SB0461 Engrossed - 10 - LRB103 02912 RJT 47918 b
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.
(c) The Board may adopt a policy to implement and
administer this Section and may adopt a policy for the
classification of in-state residents, for tuition purposes,
based on residency in this State.
(d) 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. 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)

SB0461 Engrossed - 11 - LRB103 02912 RJT 47918 b
Sec. 5-88. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, for tuition purposes until July 1, 2026, 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

SB0461 Engrossed - 12 - LRB103 02912 RJT 47918 b
date of Public Act 93-7) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident

SB0461 Engrossed - 13 - LRB103 02912 RJT 47918 b
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before

SB0461 Engrossed - 14 - LRB103 02912 RJT 47918 b
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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

SB0461 Engrossed - 15 - LRB103 02912 RJT 47918 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.
(c) The Board may adopt a policy to implement and
administer this Section and may adopt a policy for the
classification of in-state residents, for tuition purposes,
based on residency in this State.
(d) 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. 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, for tuition purposes until July 1, 2026, the Board
shall deem an individual an Illinois resident, until the
individual establishes a residence outside of this State, if

SB0461 Engrossed - 16 - LRB103 02912 RJT 47918 b
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) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an

SB0461 Engrossed - 17 - LRB103 02912 RJT 47918 b
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:

SB0461 Engrossed - 18 - LRB103 02912 RJT 47918 b
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to

SB0461 Engrossed - 19 - LRB103 02912 RJT 47918 b
do so and is not a citizen or lawful permanent resident
of the United States.
(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. 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

SB0461 Engrossed - 20 - LRB103 02912 RJT 47918 b
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.
(c) The Board may adopt a policy to implement and
administer this Section and may adopt a policy for the
classification of in-state residents, for tuition purposes,
based on residency in this State.
(d) 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. 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, for tuition purposes until July 1, 2026, 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

SB0461 Engrossed - 21 - LRB103 02912 RJT 47918 b
high school or received the equivalent of a high school
diploma in this State.
(3) The individual attended school in this State for
at least 3 years as of the date the individual graduated
from high school or received the equivalent of a high
school diploma.
(4) The individual registers as an entering student in
the University not earlier than the 2003 fall semester.
(5) In the case of an individual who is not a citizen
or a permanent resident of the United States, the
individual provides the University with an affidavit
stating that the individual will file an application to
become a permanent resident of the United States at the
earliest opportunity the individual is eligible to do so.
This subsection (a) applies only to tuition for a term or
semester that begins on or after May 20, 2003 (the effective
date of Public Act 93-7) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the

SB0461 Engrossed - 22 - LRB103 02912 RJT 47918 b
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or

SB0461 Engrossed - 23 - LRB103 02912 RJT 47918 b
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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.

SB0461 Engrossed - 24 - LRB103 02912 RJT 47918 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.
(c) The Board may adopt a policy to implement and
administer this Section and may adopt a policy for the

SB0461 Engrossed - 25 - LRB103 02912 RJT 47918 b
classification of in-state residents, for tuition purposes,
based on residency in this State.
(d) 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. 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, for tuition purposes until July 1, 2026, 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

SB0461 Engrossed - 26 - LRB103 02912 RJT 47918 b
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) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;

SB0461 Engrossed - 27 - LRB103 02912 RJT 47918 b
(B) graduated from a public or private high school
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high

SB0461 Engrossed - 28 - LRB103 02912 RJT 47918 b
school in this State or received the equivalent of
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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

SB0461 Engrossed - 29 - LRB103 02912 RJT 47918 b
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 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.
(c) The Board may adopt a policy to implement and
administer this Section and may adopt a policy for the
classification of in-state residents, for tuition purposes,

SB0461 Engrossed - 30 - LRB103 02912 RJT 47918 b
based on residency in this State.
(d) 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. 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)
Sec. 25-88. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, for tuition purposes until July 1, 2026, 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.

SB0461 Engrossed - 31 - LRB103 02912 RJT 47918 b
(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) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school

SB0461 Engrossed - 32 - LRB103 02912 RJT 47918 b
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of

SB0461 Engrossed - 33 - LRB103 02912 RJT 47918 b
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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

SB0461 Engrossed - 34 - LRB103 02912 RJT 47918 b
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.
(c) The Board may adopt a policy to implement and
administer this Section and may adopt a policy for the
classification of in-state residents, for tuition purposes,
based on residency in this State.
(d) 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. 101-424, eff. 8-16-19.)

SB0461 Engrossed - 35 - LRB103 02912 RJT 47918 b
Section 40. The Northern Illinois University Law is
amended by changing Section 30-88 as follows:
(110 ILCS 685/30-88)
Sec. 30-88. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, for tuition purposes until July 1, 2026, 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

SB0461 Engrossed - 36 - LRB103 02912 RJT 47918 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) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and

SB0461 Engrossed - 37 - LRB103 02912 RJT 47918 b
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized

SB0461 Engrossed - 38 - LRB103 02912 RJT 47918 b
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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

SB0461 Engrossed - 39 - LRB103 02912 RJT 47918 b
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.
(c) The Board may adopt a policy to implement and
administer this Section and may adopt a policy for the
classification of in-state residents, for tuition purposes,
based on residency in this State.
(d) 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. 101-424, eff. 8-16-19.)
Section 45. The Western Illinois University Law is amended
by changing Section 35-88 as follows:
(110 ILCS 690/35-88)

SB0461 Engrossed - 40 - LRB103 02912 RJT 47918 b
Sec. 35-88. In-state tuition charge.
(a) Notwithstanding any other provision of law to the
contrary, for tuition purposes until July 1, 2026, 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

SB0461 Engrossed - 41 - LRB103 02912 RJT 47918 b
date of Public Act 93-7) but before July 1, 2026. Any revenue
lost by the University in implementing this subsection (a)
shall be absorbed by the University Income Fund.
(a-5) Notwithstanding any other provision of law to the
contrary, beginning July 1, 2026, an individual, other than an
individual who has a non-immigrant alien status that precludes
an intent to permanently reside in the United States under
subsection (a) of Section 1101 of Title 8 of the United States
Code, shall be charged tuition by the Board at the same rate as
an Illinois resident if the individual meets all of the
requirements of either paragraph (1) or (2):
(1) The individual:
(A) attended a public or private high school in
this State for at least 2 years before enrolling at the
University;
(B) graduated from a public or private high school
in this State or received the equivalent of a high
school diploma in this State;
(C) attended high school while residing in this
State and has not established residency outside of
this State before enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident

SB0461 Engrossed - 42 - LRB103 02912 RJT 47918 b
of the United States.
(2) The individual:
(A) attended any of the following for at least 2
years and attended for a cumulative total of at least 3
years before enrolling at the University:
(i) a public or private high school in this
State;
(ii) a public community college in a community
college district organized under the Public
Community College Act; or
(iii) a combination of those educational
institutions set forth in subdivisions (i) and
(ii) of this subparagraph (A);
(B) has at the time of enrollment:
(i) graduated from a public or private high
school in this State or received the equivalent of
a high school diploma in this State; and
(ii) earned an associate degree from or
completed at least 60 credit hours of graded,
transferable coursework at a public community
college in a community college district organized
under the Public Community College Act;
(C) attended an educational institution set forth
in subdivision (i) or (ii) of subparagraph (A) of this
paragraph (2) while residing in this State and has not
established residency outside of this State before

SB0461 Engrossed - 43 - LRB103 02912 RJT 47918 b
enrolling at the University; and
(D) agrees to swear and affirm to the University
that the individual will file an application to become
a permanent resident of the United States at the
earliest opportunity if the individual is eligible to
do so and is not a citizen or lawful permanent resident
of the United States.
(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

SB0461 Engrossed - 44 - LRB103 02912 RJT 47918 b