101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1255

 

Introduced 2/6/2019, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 947/40

    Amends the Higher Education Student Assistance Act. With regard to the Illinois Veteran grant program, provides that, beginning with the 2019-2020 academic year, a veteran may transfer his or her benefits to a qualified dependent if certain conditions are met; defines "qualified dependent". Provides that a veteran may transfer benefits to multiple qualified dependents; however, the total number of credit hours of assistance transferred may not exceed 120 credit hours, and a veteran may transfer benefits to only one qualified dependent at a time. Effective July 1, 2019.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Higher Education Student Assistance Act is
5amended by changing Section 40 as follows:
 
6    (110 ILCS 947/40)
7    Sec. 40. Illinois Veteran grant program.
8    (a) As used in this Section:
9    "Qualified applicant" means a person who served in the
10Armed Forces of the United States, a Reserve component of the
11Armed Forces, or the Illinois National Guard, excluding members
12of the Reserve Officers' Training Corps and those whose only
13service has been attendance at a service academy, and who meets
14all of the following qualifications:
15        (1) At the time of entering federal active duty service
16    the person was one of the following:
17            (A) An Illinois resident.
18            (B) An Illinois resident within 6 months of
19        entering such service.
20            (C) Enrolled at a State-controlled university or
21        public community college in this State.
22        (2) The person meets one of the following requirements:
23            (A) He or she served at least one year of federal

 

 

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1        active duty.
2            (B) He or she served less than one year of federal
3        active duty and received an honorable discharge for
4        medical reasons directly connected with such service.
5            (C) He or she served less than one year of federal
6        active duty and was discharged prior to August 11,
7        1967.
8            (D) He or she served less than one year of federal
9        active duty in a foreign country during a time of
10        hostilities in that foreign country.
11        (3) The person received an honorable discharge after
12    leaving each period of federal active duty service.
13        (4) The person returned to this State within 6 months
14    after leaving federal active duty service, or, if married
15    to a person in continued military service stationed outside
16    this State, returned to this State within 6 months after
17    his or her spouse left service or was stationed within this
18    State.
19    "Qualified dependent" means any natural born or legally
20adopted child of a veteran of the United States Armed Forces
21who meets all of the following qualifications:
22        (1) Has earned a high school diploma or high school
23    equivalency certificate and is at least 18 years of age but
24    less than 26 years of age, unless granted an extension by
25    the Commission due to a qualifying illness or debilitating
26    condition.

 

 

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1        (2) Meets the cumulative grade point average
2    requirements of the postsecondary institution.
3        (3) Is a resident of Illinois for the term in which the
4    grant under subsection (i) is transferred.
5    "Time of hostilities" means any action by the Armed Forces
6of the United States that is recognized by the issuance of a
7Presidential proclamation or a Presidential executive order
8and in which the Armed Forces expeditionary medal or other
9campaign service medals are awarded according to Presidential
10executive order.
11    (b) A person who otherwise qualifies under the definition
12of "qualified applicant" under subsection (a) of this Section
13but has not left federal active duty service and has served at
14least one year of federal active duty or has served for less
15than one year of federal active duty in a foreign country
16during a time of hostilities in that foreign country and who
17can provide documentation demonstrating an honorable service
18record is eligible to receive assistance under this Section.
19    (c) A grant recipient qualified applicant is not required
20to pay any tuition or mandatory fees while attending a
21State-controlled university or public community college in
22this State for a period that is equivalent to 4 years of
23full-time enrollment, including summer terms.
24    A qualified applicant who has previously received benefits
25under this Section for a non-mandatory fee shall continue to
26receive benefits covering such fees while he or she is enrolled

 

 

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1in a continuous program of study. The qualified applicant shall
2no longer receive a grant covering non-mandatory fees if he or
3she fails to enroll during an academic term, unless he or she
4is serving federal active duty service.
5    (d) A person qualified applicant who has been or is to be
6awarded assistance under this Section shall receive that
7assistance if the person qualified applicant notifies his or
8her postsecondary institution of that fact by the end of the
9school term for which assistance is requested.
10    (e) Assistance under this Section is considered an
11entitlement that the State-controlled college or public
12community college in which the person qualified applicant is
13enrolled shall honor without any condition other than the
14person's qualified applicant's maintenance of minimum grade
15levels and a satisfactory student loan repayment record
16pursuant to subsection (c) of Section 20 of this Act.
17    (f) The Commission shall administer the grant program
18established by this Section and shall make all necessary and
19proper rules not inconsistent with this Section for its
20effective implementation.
21    (g) All applications for assistance under this Section must
22be made to the Commission on forms that the Commission shall
23provide. The Commission shall determine the form of application
24and the information required to be set forth in the
25application, and the Commission shall require qualified
26applicants to submit with their applications any supporting

 

 

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1documents that the Commission deems necessary. Upon request,
2the Department of Veterans' Affairs shall assist the Commission
3in determining the eligibility of applicants for assistance
4under this Section.
5    (h) Assistance under this Section is available as long as
6the federal government provides educational benefits to
7veterans. Assistance must not be paid under this Section after
86 months following the termination of educational benefits to
9veterans by the federal government, except for persons who
10already have begun their education with assistance under this
11Section. If the federal government terminates educational
12benefits to veterans and at a later time resumes those
13benefits, assistance under this Section shall resume.
14    (i) Beginning with the 2019-2020 academic year, a grant
15awarded under this Section may be transferred to a qualified
16dependent if the qualified dependent's parent meets all of the
17following qualifications:
18        (1) He or she is a qualified applicant under subsection
19    (a) or (b).
20        (2) He or she has served at least 6 years of federal
21    active duty service and at least 2 years of Reserve or
22    Individual Ready Reserve service.
23        (3) He or she has no federal veterans' educational
24    benefits or no federal veterans' educational benefits
25    dedicated only to the payment of tuition and fees, such as
26    Chapter 31 or 33 benefits, for an enrolled term or semester

 

 

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1    that exceed the value of a grant under this Section.
2        (4) He or she is a resident of Illinois during the term
3    of the qualified dependent's enrollment unless the veteran
4    has been recalled to active duty outside the State or has
5    rejoined the military and is outside the State pursuant to
6    military orders. However, a veteran who has a
7    service-connected disability rating, as determined by the
8    U.S. Department of Veterans Affairs, of 90% to 100% or is
9    unemployable based on a total disability, as determined by
10    the U.S. Department of Veterans Affairs, is not required to
11    maintain Illinois residency while his or her qualified
12    dependent receives benefits under this subsection.
13    A qualified dependent of a person who was killed in the
14line of duty, was a prisoner of war, was missing in action, had
15a service-connected disability rating, as determined by the
16U.S. Department of Veterans Affairs, of 90% to 100%, was
17unemployable based on a total disability, as determined by the
18U.S. Department of Veterans Affairs, or died as a result of
19injury or illness directly related to his or her military
20service is eligible for a grant transfer of no less than 120
21credit hours under this subsection if the parent would have
22otherwise met the qualifications under this subsection. A
23dependent may still qualify for a grant under this subsection
24if he or she marries or if his or her parents divorce.
25    Benefits under this Section may not be used simultaneously
26by both the veteran and his or her qualified dependent. A

 

 

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1veteran may revoke or otherwise change the transfer of his or
2her benefits to a qualified dependent under this subsection at
3any time but may not transfer his or her benefits to the same
4qualified dependent again once those benefits have been revoked
5for that qualified dependent.
6    A veteran may transfer benefits under this subsection to
7multiple qualified dependents; however, the total number of
8credit hours of assistance transferred may not exceed 120
9credit hours, and a veteran may transfer benefits to only one
10qualified dependent at a time.
11(Source: P.A. 94-583, eff. 8-15-05.)
 
12    Section 99. Effective date. This Act takes effect July 1,
132019.