Public Act 094-0583
 		





HB0815 Enrolled
LRB094 07240 RAS 37396 b






    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 
        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 
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.
    (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 
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 
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.
Any 
person who served in the armed forces of the
United States, not 
including members of the Student Army Training Corps, who at

the time of entering service was an Illinois resident or was an 
Illinois
resident within 6 months of entering such service, and 
who returned to Illinois
within 6 months after leaving service 
or, if married to a person in continued
military service 
stationed outside Illinois, within 6 months after his or her

spouse has left service or has been stationed within Illinois, 
and who has been
honorably discharged from such service, and 
who possesses all necessary
entrance requirements shall, 
except as otherwise provided in this Act, upon
application and 
proper proof, be awarded an Illinois Veteran Grant consisting

of the equivalent of 4 calendar years of full-time enrollment,

including summer terms, to the State-controlled college or 
university or
community college of his choice. Such veterans 
shall also be entitled, upon
proper proof and application, to 
enroll in any extension course offered by a
State-controlled 
college or university or community college without the payment

of tuition or fees.

    Any veteran who so served, and who, at the time of entering 
such service,
was a student at a State-controlled college or 
university or community
college, and who was honorably 
discharged from such service, shall, upon
application and 
proper proof be awarded a Veteran Grant entitling
him to 
complete his course of study at any State-controlled college or

university or community college of his choice, but shall not be 
entitled to
a grant consisting of more than the equivalent of 4 
calendar years of
full-time enrollment including summer 
sessions.

    Any member of the armed forces of the United States who 
either (i) has
served
in such armed forces at least one year, 
or (ii) has served in the armed
forces of the United States for 
less than one year in a time of
hostilities in a foreign 
country, and
who would be qualified for a grant under this 
Section if he had been discharged
from such service shall be 
eligible to receive a Veteran Grant under this
Section.

    The holder of a Veteran Grant to the State-controlled 
college or
university or community college of his choice as 
authorized under this
Section shall not be required to pay any 
matriculation or application
fees, tuition, activities fees, 
graduation fees, or other fees except
multipurpose building 
fees or similar fees for supplies and materials.

    Any veteran who has been or shall be awarded a Veteran 
Grant shall be
reimbursed by the appropriate college, 
university, or community college for any
fees which he has paid 
and for which exemption is granted under this Section,
if 
application for reimbursement is made within 2 months following

the school
term for which the fees were paid.

    A Veteran Grant shall be considered an entitlement which 
the
State-controlled college or 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.

    A grant authorized under this Section shall not be awarded 
to
veterans who received a discharge from the armed forces of 
the United
States under dishonorable conditions, or to any 
veteran whose service with
the armed forces was for less than 
one year unless he received an honorable
discharge from such 
service for medical reasons directly connected with
such 
service, except for those veterans discharged prior to August 
11, 1967
whose service may be for less than one year, and 
except for those veterans
(i) who serve in the armed forces of 
the United
States for less
than one year in a time of 
hostilities in a foreign country and (ii) who receive an 
honorable discharge.

    The amounts that become due to any State-controlled college 
or university
or community college shall be payable by the 
Comptroller to that
institution on vouchers approved by the 
Commission.  The Commission, or its
designated representative 
at that institution, shall determine the
eligibility of the 
persons who make application for the benefits provided
for in 
this Section.  The Department of Veterans' Affairs shall assist 
the
Commission in determining the eligibility of applicants.  On 
July 29,
1986, the Illinois Department of Veterans' Affairs 
shall transfer and deliver
to the Commission all books, 
records, papers, documents, applications and
pending business 
in any way pertaining to the duties, responsibilities and

authority theretofore exercised or performed by the Illinois 
Department of
Veterans' Affairs under and pursuant to Section 
4.1 of the Department of
Veterans Affairs Act.

    The benefits provided for in this Section shall be 
available as long as
the federal government provides 
educational benefits to veterans.  No
benefits shall be paid 
under this Section, except for veterans who
already have begun 
their education under this Section, after 6 months following

the termination of educational benefits to veterans by the 
federal
government.  If the federal government terminates 
educational benefits to
veterans and at a later time resumes 
those benefits, the benefits of this
Section shall resume.

    As used in this Section, "time of hostilities in a foreign 
country" 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.

(Source: P.A. 90-752, eff. 8-14-98; 91-496, eff. 8-13-99.)

 



    (110 ILCS 947/45)



    Sec. 45. Illinois National Guard 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 
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 enlisted person or
any company grade officer,

including warrant officers, First and Second Lieutenants, and 
Captains in
the Army and Air National Guard, who has served at 
least one
year in the
Illinois National Guard 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.  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 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 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 
while enrolled in a course of study under that grant but (i) 
has served in the Illinois National Guard 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 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 Grant Fund.  The National Guard 
Grant Fund is created as
a special fund in the State treasury.  
All money in the National Guard 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.

(Source: P.A. 92-589, eff. 7-1-02; 93-838, eff. 7-30-04; 
93-856, eff. 8-3-04; revised 10-22-04.)

 

    Section 99. Effective date. This Act takes effect July 1, 
2005.