Bill Text: IL SB3947 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Higher Education Student Assistance Act. With respect to Veteran grants, provides that a person who otherwise qualifies for a grant and who elects not to utilize the Illinois Veteran 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 natural child, legally adopted child, or step-child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-11-16 - Postponed - Higher Education [SB3947 Detail]

Download: Illinois-2009-SB3947-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3947 Introduced 9/16/2010, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED:
110 ILCS 947/40
Amends the Higher Education Student Assistance Act. With respect to Veteran grants, provides that a person who otherwise qualifies for a grant and who elects not to utilize the Illinois Veteran 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 natural child, legally adopted child, or step-child.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 Section 40 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 Veteran 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 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.)