Bill Text: IL SB2536 | 2019-2020 | 101st 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 2021-2022 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, 2020.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB2536 Detail]
Download: Illinois-2019-SB2536-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 members | ||||||||||||||||||||||||
12 | of the Reserve Officers' Training Corps and those whose only | ||||||||||||||||||||||||
13 | service has been attendance at a service academy, and who meets | ||||||||||||||||||||||||
14 | all of the qualifications of either paragraphs (1) through (4) | ||||||||||||||||||||||||
15 | or paragraphs (2), (3), and (5): | ||||||||||||||||||||||||
16 | (1) At the time of entering federal active duty service | ||||||||||||||||||||||||
17 | 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 requirements: |
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1 | (A) He or she served at least one year of federal | ||||||
2 | active duty. | ||||||
3 | (B) He or she served less than one year of federal | ||||||
4 | active duty and received an honorable discharge for | ||||||
5 | medical reasons directly connected with such service. | ||||||
6 | (C) He or she served less than one year of federal | ||||||
7 | active duty and was discharged prior to August 11, | ||||||
8 | 1967. | ||||||
9 | (D) He or she served less than one year of federal | ||||||
10 | active duty in a foreign country during a time of | ||||||
11 | hostilities in that foreign country. | ||||||
12 | (3) The person received an honorable discharge after | ||||||
13 | leaving each period of federal active duty service. | ||||||
14 | (4) The person returned to this State within 6 months | ||||||
15 | after leaving federal active duty service, or, if married | ||||||
16 | to a person in continued military service stationed outside | ||||||
17 | this State, returned to this State within 6 months after | ||||||
18 | his or her spouse left service or was stationed within this | ||||||
19 | State. | ||||||
20 | (5) The person does not meet the requirements of | ||||||
21 | paragraph (1), but (i) is a resident of Illinois at the | ||||||
22 | time of application to the Commission and (ii) at some | ||||||
23 | point after leaving federal active duty service, was a | ||||||
24 | resident of Illinois for at least 15 consecutive years. | ||||||
25 | "Qualified dependent" means any spouse or natural born or | ||||||
26 | legally adopted child of a veteran of the United States Armed |
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1 | Forces who meets all of the following qualifications: | ||||||
2 | (1) Has earned a high school diploma or high school | ||||||
3 | equivalency certificate and is less than 26 years of age, | ||||||
4 | unless granted an extension by the Commission due to a | ||||||
5 | qualifying illness or debilitating condition. | ||||||
6 | (2) Meets the cumulative grade point average | ||||||
7 | requirements of the postsecondary institution. | ||||||
8 | (3) Is a resident of Illinois for the term in which the | ||||||
9 | grant under subsection (i) is transferred. | ||||||
10 | "Time of hostilities" means any action by the Armed Forces | ||||||
11 | of the United States that is recognized by the issuance of a | ||||||
12 | Presidential proclamation or a Presidential executive order | ||||||
13 | and in which the Armed Forces expeditionary medal or other | ||||||
14 | campaign service medals are awarded according to Presidential | ||||||
15 | executive order. | ||||||
16 | (b) A person who otherwise qualifies under the definition | ||||||
17 | of "qualified applicant" under subsection (a) of this Section | ||||||
18 | but has not left federal active duty service and has served at | ||||||
19 | least one year of federal active duty or has served for less | ||||||
20 | than one year of federal active duty in a foreign country | ||||||
21 | during a time of hostilities in that foreign country and who | ||||||
22 | can provide documentation demonstrating an honorable service | ||||||
23 | record is eligible to receive assistance under this Section. | ||||||
24 | (c) A qualified applicant is not required to pay any | ||||||
25 | tuition or mandatory fees while attending a State-controlled | ||||||
26 | university or public community college in this State for a |
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1 | period that is equivalent to 4 years of full-time enrollment, | ||||||
2 | including summer terms. | ||||||
3 | A qualified applicant who has previously received benefits | ||||||
4 | under this Section for a non-mandatory fee shall continue to | ||||||
5 | receive benefits covering such fees while he or she is enrolled | ||||||
6 | in a continuous program of study. The qualified applicant shall | ||||||
7 | no longer receive a grant covering non-mandatory fees if he or | ||||||
8 | she fails to enroll during an academic term, unless he or she | ||||||
9 | is serving federal active duty service.
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10 | (d) A person qualified applicant who has been or is to be | ||||||
11 | awarded assistance under this Section shall receive that | ||||||
12 | assistance if the person qualified applicant notifies his or | ||||||
13 | her postsecondary institution of that fact by the end of the | ||||||
14 | school term for which assistance is requested. | ||||||
15 | (e) Assistance under this Section is considered an | ||||||
16 | entitlement that the State-controlled college or public | ||||||
17 | community college in which the person qualified applicant is | ||||||
18 | enrolled shall honor without any condition other than the | ||||||
19 | person's qualified applicant's maintenance of minimum grade | ||||||
20 | levels and a satisfactory student loan repayment record | ||||||
21 | pursuant to subsection (c) of Section 20 of this Act. | ||||||
22 | (f) The Commission shall administer the grant program | ||||||
23 | established by this Section and shall make all necessary and | ||||||
24 | proper rules not inconsistent with this Section for its | ||||||
25 | effective implementation. | ||||||
26 | (g) All applications for assistance under this Section must |
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1 | be made to the Commission on forms that the Commission shall | ||||||
2 | provide. The Commission shall determine the form of application | ||||||
3 | and the information required to be set forth in the | ||||||
4 | application, and the Commission shall require qualified | ||||||
5 | applicants to submit with their applications any supporting | ||||||
6 | documents that the Commission deems necessary. Upon request, | ||||||
7 | the Department of Veterans' Affairs shall assist the Commission | ||||||
8 | in determining the eligibility of applicants for assistance | ||||||
9 | under this Section. | ||||||
10 | (h) Assistance under this Section is available as long as | ||||||
11 | the federal government provides educational benefits to | ||||||
12 | veterans. Assistance must not be paid under this Section after | ||||||
13 | 6 months following the termination of educational benefits to | ||||||
14 | veterans by the federal government, except for persons who | ||||||
15 | already have begun their education with assistance under this | ||||||
16 | Section. If the federal government terminates educational | ||||||
17 | benefits to veterans and at a later time resumes those | ||||||
18 | benefits, assistance under this Section shall resume.
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19 | (i) Beginning with the 2021-2022 academic year, a grant | ||||||
20 | awarded under this Section may be transferred to a qualified | ||||||
21 | dependent if the qualified dependent's spouse or parent meets | ||||||
22 | all of the following qualifications: | ||||||
23 | (1) He or she is a qualified applicant under subsection | ||||||
24 | (a) or (b). | ||||||
25 | (2) He or she has served at least 8 years combined of | ||||||
26 | federal active duty service or Reserve or Individual Ready |
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1 | Reserve service. | ||||||
2 | (3) He or she has no federal veterans' educational | ||||||
3 | benefits or no federal veterans' educational benefits | ||||||
4 | dedicated only to the payment of tuition and fees, such as | ||||||
5 | Chapter 31 or 33 benefits, for an enrolled term or semester | ||||||
6 | that exceed the value of a grant under this Section. | ||||||
7 | (4) He or she is a resident of Illinois during the term | ||||||
8 | of the qualified dependent's enrollment unless the veteran | ||||||
9 | has been recalled to active duty outside the State or has | ||||||
10 | rejoined the military and is outside the State pursuant to | ||||||
11 | military orders. However, a veteran who has a | ||||||
12 | service-connected disability rating, as determined by the | ||||||
13 | U.S. Department of Veterans Affairs, of 90% to 100% or is | ||||||
14 | unemployable based on a total disability, as determined by | ||||||
15 | the U.S. Department of Veterans Affairs, is not required to | ||||||
16 | maintain Illinois residency while his or her qualified | ||||||
17 | dependent receives benefits under this subsection. | ||||||
18 | A qualified dependent of a person who was killed in the | ||||||
19 | line of duty, was a prisoner of war, was missing in action, had | ||||||
20 | a service-connected disability rating, as determined by the | ||||||
21 | U.S. Department of Veterans Affairs, of 90% to 100%, was | ||||||
22 | unemployable based on a total disability, as determined by the | ||||||
23 | U.S. Department of Veterans Affairs, or died as a result of | ||||||
24 | injury or illness directly related to his or her military | ||||||
25 | service is eligible for a grant transfer of no less than 120 | ||||||
26 | credit hours under this subsection if the spouse or parent |
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1 | would have otherwise met the qualifications under this | ||||||
2 | subsection. A dependent who is a natural born or legally | ||||||
3 | adopted child of a veteran may still qualify for a grant under | ||||||
4 | this subsection if he or she marries or if his or her parents | ||||||
5 | divorce. | ||||||
6 | Benefits under this Section may not be used simultaneously | ||||||
7 | by both the veteran and his or her qualified dependent. A | ||||||
8 | veteran may revoke or otherwise change the transfer of his or | ||||||
9 | her benefits to a qualified dependent under this subsection at | ||||||
10 | any time but may not transfer his or her benefits to the same | ||||||
11 | qualified dependent again once those benefits have been revoked | ||||||
12 | for that qualified dependent. | ||||||
13 | A veteran may transfer benefits under this subsection to | ||||||
14 | multiple qualified dependents; however, the total number of | ||||||
15 | credit hours of assistance transferred may not exceed 120 | ||||||
16 | credit hours, and a veteran may transfer benefits to only one | ||||||
17 | qualified dependent at a time. | ||||||
18 | (Source: P.A. 101-334, eff. 8-9-19.)
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19 | Section 99. Effective date. This Act takes effect July 1, | ||||||
20 | 2020.
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