Bill Text: IL SB0686 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Higher Education Student Assistance Act. Provides that an Illinois Veteran grant may be transferred to a qualified dependent beginning with the 2022-2023 academic year if, among other requirements, the qualified dependent's spouse or parent has served at least 8 years combined of federal active duty service or Reserve or Individual Ready Reserve Service. Effective July 1, 2021.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB0686 Detail]
Download: Illinois-2021-SB0686-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Higher Education Student Assistance Act is | ||||||||||||||||||||||||
5 | amended by changing Section 40 as follows:
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6 | (110 ILCS 947/40)
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7 | Sec. 40. Illinois Veteran grant program. | ||||||||||||||||||||||||
8 | (a) As used in this Section: | ||||||||||||||||||||||||
9 | "Qualified applicant" means a person who served in the | ||||||||||||||||||||||||
10 | Armed Forces of the United States, a Reserve component of the | ||||||||||||||||||||||||
11 | Armed Forces, or the Illinois National Guard, excluding | ||||||||||||||||||||||||
12 | members of the Reserve Officers' Training Corps and those | ||||||||||||||||||||||||
13 | whose only service has been attendance at a service academy, | ||||||||||||||||||||||||
14 | and who meets all of the qualifications of either paragraphs | ||||||||||||||||||||||||
15 | (1) through (4) or paragraphs (2), (3), and (5): | ||||||||||||||||||||||||
16 | (1) At the time of entering federal active duty | ||||||||||||||||||||||||
17 | service the person was one of the following: | ||||||||||||||||||||||||
18 | (A) An Illinois resident. | ||||||||||||||||||||||||
19 | (B) An Illinois resident within 6 months of | ||||||||||||||||||||||||
20 | entering such service. | ||||||||||||||||||||||||
21 | (C) Enrolled at a State-controlled university or | ||||||||||||||||||||||||
22 | public community college in this State. | ||||||||||||||||||||||||
23 | (2) The person meets one of the following |
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1 | requirements: | ||||||
2 | (A) He or she served at least one year of federal | ||||||
3 | active duty. | ||||||
4 | (B) He or she served less than one year of federal | ||||||
5 | active duty and received an honorable discharge for | ||||||
6 | medical reasons directly connected with such service. | ||||||
7 | (C) He or she served less than one year of federal | ||||||
8 | active duty and was discharged prior to August 11, | ||||||
9 | 1967. | ||||||
10 | (D) He or she served less than one year of federal | ||||||
11 | active duty in a foreign country during a time of | ||||||
12 | hostilities in that foreign country. | ||||||
13 | (3) The person received an honorable discharge after | ||||||
14 | leaving each period of federal active duty service. | ||||||
15 | (4) The person returned to this State within 6 months | ||||||
16 | after leaving federal active duty service, or, if married | ||||||
17 | to a person in continued military service stationed | ||||||
18 | outside this State, returned to this State within 6 months | ||||||
19 | after his or her spouse left service or was stationed | ||||||
20 | within this State. | ||||||
21 | (5) The person does not meet the requirements of | ||||||
22 | paragraph (1), but (i) is a resident of Illinois at the | ||||||
23 | time of application to the Commission and (ii) at some | ||||||
24 | point after leaving federal active duty service, was a | ||||||
25 | resident of Illinois for at least 15 consecutive years. | ||||||
26 | "Qualified dependent" means any spouse or natural born or |
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1 | legally adopted child of a veteran of the United States Armed | ||||||
2 | Forces who meets all of the following qualifications: | ||||||
3 | (1) Has earned a high school diploma or high school | ||||||
4 | equivalency certificate and is less than 26 years of age, | ||||||
5 | unless granted an extension by the Commission due to a | ||||||
6 | qualifying illness or debilitating condition. | ||||||
7 | (2) Meets the cumulative grade point average | ||||||
8 | requirements of the postsecondary institution. | ||||||
9 | (3) Is a resident of Illinois for the term in which the | ||||||
10 | grant under subsection (i) is transferred. | ||||||
11 | "Time of hostilities" means any action by the Armed Forces | ||||||
12 | of the United States that is recognized by the issuance of a | ||||||
13 | Presidential proclamation or a Presidential executive order | ||||||
14 | and in which the Armed Forces expeditionary medal or other | ||||||
15 | campaign service medals are awarded according to Presidential | ||||||
16 | executive order. | ||||||
17 | (b) A person who otherwise qualifies under the definition | ||||||
18 | of "qualified applicant" under subsection (a) of this Section | ||||||
19 | but has not left federal active duty service and has served at | ||||||
20 | least one year of federal active duty or has served for less | ||||||
21 | than one year of federal active duty in a foreign country | ||||||
22 | during a time of hostilities in that foreign country and who | ||||||
23 | can provide documentation demonstrating an honorable service | ||||||
24 | record is eligible to receive assistance under this Section. | ||||||
25 | (c) A qualified applicant is not required to pay any | ||||||
26 | tuition or mandatory fees while attending a State-controlled |
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1 | university or public community college in this State for a | ||||||
2 | period that is equivalent to 4 years of full-time enrollment, | ||||||
3 | including summer terms. | ||||||
4 | A qualified applicant who has previously received benefits | ||||||
5 | under this Section for a non-mandatory fee shall continue to | ||||||
6 | receive benefits covering such fees while he or she is | ||||||
7 | enrolled in a continuous program of study. The qualified | ||||||
8 | applicant shall no longer receive a grant covering | ||||||
9 | non-mandatory fees if he or she fails to enroll during an | ||||||
10 | academic term, unless he or she is serving federal active duty | ||||||
11 | service.
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12 | (d) A person qualified applicant who has been or is to be | ||||||
13 | awarded assistance under this Section shall receive that | ||||||
14 | assistance if the person qualified applicant notifies his or | ||||||
15 | her postsecondary institution of that fact by the end of the | ||||||
16 | school term for which assistance is requested. | ||||||
17 | (e) Assistance under this Section is considered an | ||||||
18 | entitlement that the State-controlled college or public | ||||||
19 | community college in which the person qualified applicant is | ||||||
20 | enrolled shall honor without any condition other than the | ||||||
21 | person's qualified applicant's maintenance of minimum grade | ||||||
22 | levels and a satisfactory student loan repayment record | ||||||
23 | pursuant to subsection (c) of Section 20 of this Act. | ||||||
24 | (f) The Commission shall administer the grant program | ||||||
25 | established by this Section and shall make all necessary and | ||||||
26 | proper rules not inconsistent with this Section for its |
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1 | effective implementation. | ||||||
2 | (g) All applications for assistance under this Section | ||||||
3 | must be made to the Commission on forms that the Commission | ||||||
4 | shall provide. The Commission shall determine the form of | ||||||
5 | application and the information required to be set forth in | ||||||
6 | the application, and the Commission shall require qualified | ||||||
7 | applicants to submit with their applications any supporting | ||||||
8 | documents that the Commission deems necessary. Upon request, | ||||||
9 | the Department of Veterans' Affairs shall assist the | ||||||
10 | Commission in determining the eligibility of applicants for | ||||||
11 | assistance under this Section. | ||||||
12 | (h) Assistance under this Section is available as long as | ||||||
13 | the federal government provides educational benefits to | ||||||
14 | veterans. Assistance must not be paid under this Section after | ||||||
15 | 6 months following the termination of educational benefits to | ||||||
16 | veterans by the federal government, except for persons who | ||||||
17 | already have begun their education with assistance under this | ||||||
18 | Section. If the federal government terminates educational | ||||||
19 | benefits to veterans and at a later time resumes those | ||||||
20 | benefits, assistance under this Section shall resume.
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21 | (i) Beginning with the 2022-2023 academic year, a grant | ||||||
22 | awarded under this Section may be transferred to a qualified | ||||||
23 | dependent if the qualified dependent's spouse or parent meets | ||||||
24 | all of the following qualifications: | ||||||
25 | (1) He or she is a qualified applicant under | ||||||
26 | subsection (a) or (b). |
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1 | (2) He or she has served at least 8 years combined of | ||||||
2 | federal active duty service or Reserve or Individual Ready | ||||||
3 | Reserve service. | ||||||
4 | (3) He or she has no federal veterans' educational | ||||||
5 | benefits or no federal veterans' educational benefits | ||||||
6 | dedicated only to the payment of tuition and fees, such as | ||||||
7 | Chapter 31 or 33 benefits, for an enrolled term or | ||||||
8 | semester that exceed the value of a grant under this | ||||||
9 | Section. | ||||||
10 | (4) He or she is a resident of Illinois during the term | ||||||
11 | of the qualified dependent's enrollment unless the veteran | ||||||
12 | has been recalled to active duty outside the State or has | ||||||
13 | rejoined the military and is outside the State pursuant to | ||||||
14 | military orders. However, a veteran who has a | ||||||
15 | service-connected disability rating, as determined by the | ||||||
16 | U.S. Department of Veterans Affairs, of 90% to 100% or is | ||||||
17 | unemployable based on a total disability, as determined by | ||||||
18 | the U.S. Department of Veterans Affairs, is not required | ||||||
19 | to maintain Illinois residency while his or her qualified | ||||||
20 | dependent receives benefits under this subsection. | ||||||
21 | A qualified dependent of a person who was killed in the | ||||||
22 | line of duty, was a prisoner of war, was missing in action, had | ||||||
23 | a service-connected disability rating, as determined by the | ||||||
24 | U.S. Department of Veterans Affairs, of 90% to 100%, was | ||||||
25 | unemployable based on a total disability, as determined by the | ||||||
26 | U.S. Department of Veterans Affairs, or died as a result of |
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1 | injury or illness directly related to his or her military | ||||||
2 | service is eligible for a grant transfer of no less than 120 | ||||||
3 | credit hours under this subsection if the spouse or parent | ||||||
4 | would have otherwise met the qualifications under this | ||||||
5 | subsection. A dependent who is a natural born or legally | ||||||
6 | adopted child of a veteran may still qualify for a grant under | ||||||
7 | this subsection if he or she marries or if his or her parents | ||||||
8 | divorce. | ||||||
9 | Benefits under this Section may not be used simultaneously | ||||||
10 | by both the veteran and his or her qualified dependent. A | ||||||
11 | veteran may revoke or otherwise change the transfer of his or | ||||||
12 | her benefits to a qualified dependent under this subsection at | ||||||
13 | any time but may not transfer his or her benefits to the same | ||||||
14 | qualified dependent again once those benefits have been | ||||||
15 | revoked for that qualified dependent. | ||||||
16 | A veteran may transfer benefits under this subsection to | ||||||
17 | multiple qualified dependents; however, the total number of | ||||||
18 | credit hours of assistance transferred may not exceed 120 | ||||||
19 | credit hours, and a veteran may transfer benefits to only one | ||||||
20 | qualified dependent at a time. | ||||||
21 | (Source: P.A. 101-334, eff. 8-9-19.)
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22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2021.
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