102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0572

 

Introduced 2/23/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 305/7e-5
110 ILCS 520/8d-5
110 ILCS 660/5-88
110 ILCS 665/10-88
110 ILCS 670/15-88
110 ILCS 675/20-88
110 ILCS 680/25-88
110 ILCS 685/30-88
110 ILCS 690/35-88
110 ILCS 805/6-4a

    Amends various Acts relating to the governance of public universities and community colleges in Illinois. Requires the governing board of each public university and community college district to deem a dependent student whose parent or guardian holds an H-1B visa or Permanent Resident Card an Illinois resident for tuition purposes if the student satisfies other conditions that determine Illinois residency for tuition purposes. Effective July 1, 2021.


LRB102 15857 CMG 21226 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB0572LRB102 15857 CMG 21226 b

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 University of Illinois Act is amended by
5changing Section 7e-5 as follows:
 
6    (110 ILCS 305/7e-5)
7    Sec. 7e-5. In-state tuition charge.
8    (a) Notwithstanding any other provision of law to the
9contrary, for tuition purposes, the Board of Trustees shall
10deem an individual an Illinois resident, until the individual
11establishes a residence outside of this State, if all of the
12following conditions are met:
13        (1) The individual resided with his or her parent or
14    guardian while attending a public or private high school
15    in this State.
16        (2) The individual graduated from a public or private
17    high school or received the equivalent of a high school
18    diploma in this State.
19        (3) The individual attended school in this State for
20    at least 3 years as of the date the individual graduated
21    from high school or received the equivalent of a high
22    school diploma.
23        (4) The individual registers as an entering student in

 

 

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1    the University not earlier than the 2003 fall semester.
2        (5) In the case of an individual who is not a citizen
3    or a permanent resident of the United States, the
4    individual provides the University with an affidavit
5    stating that the individual will file an application to
6    become a permanent resident of the United States at the
7    earliest opportunity the individual is eligible to do so.
8    This subsection (a) applies only to tuition for a term or
9semester that begins on or after May 20, 2003 (the effective
10date of Public Act 93-7). Any revenue lost by the University in
11implementing this subsection (a) shall be absorbed by the
12University Income Fund.
13    (b) If a person is on active military duty and stationed in
14Illinois, then the Board of Trustees shall deem that person
15and any of his or her dependents Illinois residents for
16tuition purposes. Beginning with the 2009-2010 academic year,
17if a person is on active military duty and is stationed out of
18State, but he or she was stationed in this State for at least 3
19years immediately prior to being reassigned out of State, then
20the Board of Trustees shall deem that person and any of his or
21her dependents Illinois residents for tuition purposes, as
22long as that person or his or her dependent (i) applies for
23admission to the University within 18 months of the person on
24active military duty being reassigned or (ii) remains
25continuously enrolled at the University. Beginning with the
262013-2014 academic year, if a person is utilizing benefits

 

 

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1under the federal Post-9/11 Veterans Educational Assistance
2Act of 2008 or any subsequent variation of that Act, then the
3Board of Trustees shall deem that person an Illinois resident
4for tuition purposes. Beginning with the 2015-2016 academic
5year, if a person is utilizing benefits under the federal
6All-Volunteer Force Educational Assistance Program, then the
7Board of Trustees shall deem that person an Illinois resident
8for tuition purposes. Beginning with the 2019-2020 academic
9year, per the federal requirements for maintaining approval
10for veterans' education benefits under 38 U.S.C. 3679(c), if a
11person is on active military duty or is receiving veterans'
12education benefits, then the Board of Trustees shall deem that
13person an Illinois resident for tuition purposes for any
14academic quarter, semester, or term, as applicable.
15    (c) If a dependent student's parent or guardian holds an
16H-1B visa or Permanent Resident Card and if the student meets
17all of the conditions set forth in subsection (a), then the
18Board of Trustees shall deem that student an Illinois resident
19for tuition purposes.
20(Source: P.A. 101-424, eff. 8-16-19.)
 
21    Section 10. The Southern Illinois University Management
22Act is amended by changing Section 8d-5 as follows:
 
23    (110 ILCS 520/8d-5)
24    Sec. 8d-5. In-state tuition charge.

 

 

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1    (a) Notwithstanding any other provision of law to the
2contrary, for tuition purposes, the Board shall deem an
3individual an Illinois resident, until the individual
4establishes a residence outside of this State, if all of the
5following conditions are met:
6        (1) The individual resided with his or her parent or
7    guardian while attending a public or private high school
8    in this State.
9        (2) The individual graduated from a public or private
10    high school or received the equivalent of a high school
11    diploma in this State.
12        (3) The individual attended school in this State for
13    at least 3 years as of the date the individual graduated
14    from high school or received the equivalent of a high
15    school diploma.
16        (4) The individual registers as an entering student in
17    the University not earlier than the 2003 fall semester.
18        (5) In the case of an individual who is not a citizen
19    or a permanent resident of the United States, the
20    individual provides the University with an affidavit
21    stating that the individual will file an application to
22    become a permanent resident of the United States at the
23    earliest opportunity the individual is eligible to do so.
24    This subsection (a) applies only to tuition for a term or
25semester that begins on or after May 20, 2003 (the effective
26date of Public Act 93-7). Any revenue lost by the University in

 

 

SB0572- 5 -LRB102 15857 CMG 21226 b

1implementing this subsection (a) shall be absorbed by the
2University Income Fund.
3    (b) If a person is on active military duty and stationed in
4Illinois, then the Board shall deem that person and any of his
5or her dependents Illinois residents for tuition purposes.
6Beginning with the 2009-2010 academic year, if a person is on
7active military duty and is stationed out of State, but he or
8she was stationed in this State for at least 3 years
9immediately prior to being reassigned out of State, then the
10Board shall deem that person and any of his or her dependents
11Illinois residents for tuition purposes, as long as that
12person or his or her dependent (i) applies for admission to the
13University within 18 months of the person on active military
14duty being reassigned or (ii) remains continuously enrolled at
15the University. Beginning with the 2013-2014 academic year, if
16a person is utilizing benefits under the federal Post-9/11
17Veterans Educational Assistance Act of 2008 or any subsequent
18variation of that Act, then the Board shall deem that person an
19Illinois resident for tuition purposes. Beginning with the
202015-2016 academic year, if a person is utilizing benefits
21under the federal All-Volunteer Force Educational Assistance
22Program, then the Board shall deem that person an Illinois
23resident for tuition purposes. Beginning with the 2019-2020
24academic year, per the federal requirements for maintaining
25approval for veterans' education benefits under 38 U.S.C.
263679(c), if a person is on active military duty or is receiving

 

 

SB0572- 6 -LRB102 15857 CMG 21226 b

1veterans' education benefits, then the Board of Trustees shall
2deem that person an Illinois resident for tuition purposes for
3any academic quarter, semester, or term, as applicable.
4    (c) If a dependent student's parent or guardian holds an
5H-1B visa or Permanent Resident Card and if the student meets
6all of the conditions set forth in subsection (a), then the
7Board shall deem that student an Illinois resident for tuition
8purposes.
9(Source: P.A. 101-424, eff. 8-16-19.)
 
10    Section 15. The Chicago State University Law is amended by
11changing Section 5-88 as follows:
 
12    (110 ILCS 660/5-88)
13    Sec. 5-88. In-state tuition charge.
14    (a) Notwithstanding any other provision of law to the
15contrary, for tuition purposes, the Board shall deem an
16individual an Illinois resident, until the individual
17establishes a residence outside of this State, if all of the
18following conditions are met:
19        (1) The individual resided with his or her parent or
20    guardian while attending a public or private high school
21    in this State.
22        (2) The individual graduated from a public or private
23    high school or received the equivalent of a high school
24    diploma in this State.

 

 

SB0572- 7 -LRB102 15857 CMG 21226 b

1        (3) The individual attended school in this State for
2    at least 3 years as of the date the individual graduated
3    from high school or received the equivalent of a high
4    school diploma.
5        (4) The individual registers as an entering student in
6    the University not earlier than the 2003 fall semester.
7        (5) In the case of an individual who is not a citizen
8    or a permanent resident of the United States, the
9    individual provides the University with an affidavit
10    stating that the individual will file an application to
11    become a permanent resident of the United States at the
12    earliest opportunity the individual is eligible to do so.
13    This subsection (a) applies only to tuition for a term or
14semester that begins on or after May 20, 2003 (the effective
15date of Public Act 93-7). Any revenue lost by the University in
16implementing this subsection (a) shall be absorbed by the
17University Income Fund.
18    (b) If a person is on active military duty and stationed in
19Illinois, then the Board shall deem that person and any of his
20or her dependents Illinois residents for tuition purposes.
21Beginning with the 2009-2010 academic year, if a person is on
22active military duty and is stationed out of State, but he or
23she was stationed in this State for at least 3 years
24immediately prior to being reassigned out of State, then the
25Board shall deem that person and any of his or her dependents
26Illinois residents for tuition purposes, as long as that

 

 

SB0572- 8 -LRB102 15857 CMG 21226 b

1person or his or her dependent (i) applies for admission to the
2University within 18 months of the person on active military
3duty being reassigned or (ii) remains continuously enrolled at
4the University. Beginning with the 2013-2014 academic year, if
5a person is utilizing benefits under the federal Post-9/11
6Veterans Educational Assistance Act of 2008 or any subsequent
7variation of that Act, then the Board shall deem that person an
8Illinois resident for tuition purposes. Beginning with the
92015-2016 academic year, if a person is utilizing benefits
10under the federal All-Volunteer Force Educational Assistance
11Program, then the Board shall deem that person an Illinois
12resident for tuition purposes. Beginning with the 2019-2020
13academic year, per the federal requirements for maintaining
14approval for veterans' education benefits under 38 U.S.C.
153679(c), if a person is on active military duty or is receiving
16veterans' education benefits, then the Board of Trustees shall
17deem that person an Illinois resident for tuition purposes for
18any academic quarter, semester, or term, as applicable.
19    (c) If a dependent student's parent or guardian holds an
20H-1B visa or Permanent Resident Card and if the student meets
21all of the conditions set forth in subsection (a), then the
22Board shall deem that student an Illinois resident for tuition
23purposes.
24(Source: P.A. 101-424, eff. 8-16-19.)
 
25    Section 20. The Eastern Illinois University Law is amended

 

 

SB0572- 9 -LRB102 15857 CMG 21226 b

1by changing Section 10-88 as follows:
 
2    (110 ILCS 665/10-88)
3    Sec. 10-88. In-state tuition charge.
4    (a) Notwithstanding any other provision of law to the
5contrary, for tuition purposes, the Board shall deem an
6individual an Illinois resident, until the individual
7establishes a residence outside of this State, if all of the
8following conditions are met:
9        (1) The individual resided with his or her parent or
10    guardian while attending a public or private high school
11    in this State.
12        (2) The individual graduated from a public or private
13    high school or received the equivalent of a high school
14    diploma in this State.
15        (3) The individual attended school in this State for
16    at least 3 years as of the date the individual graduated
17    from high school or received the equivalent of a high
18    school diploma.
19        (4) The individual registers as an entering student in
20    the University not earlier than the 2003 fall semester.
21        (5) In the case of an individual who is not a citizen
22    or a permanent resident of the United States, the
23    individual provides the University with an affidavit
24    stating that the individual will file an application to
25    become a permanent resident of the United States at the

 

 

SB0572- 10 -LRB102 15857 CMG 21226 b

1    earliest opportunity the individual is eligible to do so.
2    This subsection (a) applies only to tuition for a term or
3semester that begins on or after May 20, 2003 (the effective
4date of Public Act 93-7). Any revenue lost by the University in
5implementing this subsection (a) shall be absorbed by the
6University Income Fund.
7    (b) If a person is on active military duty and stationed in
8Illinois, then the Board shall deem that person and any of his
9or her dependents Illinois residents for tuition purposes.
10Beginning with the 2009-2010 academic year, if a person is on
11active military duty and is stationed out of State, but he or
12she was stationed in this State for at least 3 years
13immediately prior to being reassigned out of State, then the
14Board shall deem that person and any of his or her dependents
15Illinois residents for tuition purposes, as long as that
16person or his or her dependent (i) applies for admission to the
17University within 18 months of the person on active military
18duty being reassigned or (ii) remains continuously enrolled at
19the University. Beginning with the 2013-2014 academic year, if
20a person is utilizing benefits under the federal Post-9/11
21Veterans Educational Assistance Act of 2008 or any subsequent
22variation of that Act, then the Board shall deem that person an
23Illinois resident for tuition purposes. Beginning with the
242015-2016 academic year, if a person is utilizing benefits
25under the federal All-Volunteer Force Educational Assistance
26Program, then the Board shall deem that person an Illinois

 

 

SB0572- 11 -LRB102 15857 CMG 21226 b

1resident for tuition purposes. Beginning with the 2019-2020
2academic year, per the federal requirements for maintaining
3approval for veterans' education benefits under 38 U.S.C.
43679(c), if a person is on active military duty or is receiving
5veterans' education benefits, then the Board of Trustees shall
6deem that person an Illinois resident for tuition purposes for
7any academic quarter, semester, or term, as applicable.
8    (c) If a dependent student's parent or guardian holds an
9H-1B visa or Permanent Resident Card and if the student meets
10all of the conditions set forth in subsection (a), then the
11Board shall deem that student an Illinois resident for tuition
12purposes.
13(Source: P.A. 101-424, eff. 8-16-19.)
 
14    Section 25. The Governors State University Law is amended
15by changing Section 15-88 as follows:
 
16    (110 ILCS 670/15-88)
17    Sec. 15-88. In-state tuition charge.
18    (a) Notwithstanding any other provision of law to the
19contrary, for tuition purposes, the Board shall deem an
20individual an Illinois resident, until the individual
21establishes a residence outside of this State, if all of the
22following conditions are met:
23        (1) The individual resided with his or her parent or
24    guardian while attending a public or private high school

 

 

SB0572- 12 -LRB102 15857 CMG 21226 b

1    in this State.
2        (2) The individual graduated from a public or private
3    high school or received the equivalent of a high school
4    diploma in this State.
5        (3) The individual attended school in this State for
6    at least 3 years as of the date the individual graduated
7    from high school or received the equivalent of a high
8    school diploma.
9        (4) The individual registers as an entering student in
10    the University not earlier than the 2003 fall semester.
11        (5) In the case of an individual who is not a citizen
12    or a permanent resident of the United States, the
13    individual provides the University with an affidavit
14    stating that the individual will file an application to
15    become a permanent resident of the United States at the
16    earliest opportunity the individual is eligible to do so.
17    This subsection (a) applies only to tuition for a term or
18semester that begins on or after May 20, 2003 (the effective
19date of Public Act 93-7). Any revenue lost by the University in
20implementing this subsection (a) shall be absorbed by the
21University Income Fund.
22    (b) If a person is on active military duty and stationed in
23Illinois, then the Board shall deem that person and any of his
24or her dependents Illinois residents for tuition purposes.
25Beginning with the 2009-2010 academic year, if a person is on
26active military duty and is stationed out of State, but he or

 

 

SB0572- 13 -LRB102 15857 CMG 21226 b

1she was stationed in this State for at least 3 years
2immediately prior to being reassigned out of State, then the
3Board shall deem that person and any of his or her dependents
4Illinois residents for tuition purposes, as long as that
5person or his or her dependent (i) applies for admission to the
6University within 18 months of the person on active military
7duty being reassigned or (ii) remains continuously enrolled at
8the University. Beginning with the 2013-2014 academic year, if
9a person is utilizing benefits under the federal Post-9/11
10Veterans Educational Assistance Act of 2008 or any subsequent
11variation of that Act, then the Board shall deem that person an
12Illinois resident for tuition purposes. Beginning with the
132015-2016 academic year, if a person is utilizing benefits
14under the federal All-Volunteer Force Educational Assistance
15Program, then the Board shall deem that person an Illinois
16resident for tuition purposes. Beginning with the 2019-2020
17academic year, per the federal requirements for maintaining
18approval for veterans' education benefits under 38 U.S.C.
193679(c), if a person is on active military duty or is receiving
20veterans' education benefits, then the Board of Trustees shall
21deem that person an Illinois resident for tuition purposes for
22any academic quarter, semester, or term, as applicable.
23    (c) If a dependent student's parent or guardian holds an
24H-1B visa or Permanent Resident Card and if the student meets
25all of the conditions set forth in subsection (a), then the
26Board shall deem that student an Illinois resident for tuition

 

 

SB0572- 14 -LRB102 15857 CMG 21226 b

1purposes.
2(Source: P.A. 101-424, eff. 8-16-19.)
 
3    Section 30. The Illinois State University Law is amended
4by changing Section 20-88 as follows:
 
5    (110 ILCS 675/20-88)
6    Sec. 20-88. In-state tuition charge.
7    (a) Notwithstanding any other provision of law to the
8contrary, for tuition purposes, the Board shall deem an
9individual an Illinois resident, until the individual
10establishes a residence outside of this State, if all of the
11following conditions are met:
12        (1) The individual resided with his or her parent or
13    guardian while attending a public or private high school
14    in this State.
15        (2) The individual graduated from a public or private
16    high school or received the equivalent of a high school
17    diploma in this State.
18        (3) The individual attended school in this State for
19    at least 3 years as of the date the individual graduated
20    from high school or received the equivalent of a high
21    school diploma.
22        (4) The individual registers as an entering student in
23    the University not earlier than the 2003 fall semester.
24        (5) In the case of an individual who is not a citizen

 

 

SB0572- 15 -LRB102 15857 CMG 21226 b

1    or a permanent resident of the United States, the
2    individual provides the University with an affidavit
3    stating that the individual will file an application to
4    become a permanent resident of the United States at the
5    earliest opportunity the individual is eligible to do so.
6    This subsection (a) applies only to tuition for a term or
7semester that begins on or after May 20, 2003 (the effective
8date of Public Act 93-7). Any revenue lost by the University in
9implementing this subsection (a) shall be absorbed by the
10University Income Fund.
11    (b) If a person is on active military duty and stationed in
12Illinois, then the Board shall deem that person and any of his
13or her dependents Illinois residents for tuition purposes.
14Beginning with the 2009-2010 academic year, if a person is on
15active military duty and is stationed out of State, but he or
16she was stationed in this State for at least 3 years
17immediately prior to being reassigned out of State, then the
18Board shall deem that person and any of his or her dependents
19Illinois residents for tuition purposes, as long as that
20person or his or her dependent (i) applies for admission to the
21University within 18 months of the person on active military
22duty being reassigned or (ii) remains continuously enrolled at
23the University. Beginning with the 2013-2014 academic year, if
24a person is utilizing benefits under the federal Post-9/11
25Veterans Educational Assistance Act of 2008 or any subsequent
26variation of that Act, then the Board shall deem that person an

 

 

SB0572- 16 -LRB102 15857 CMG 21226 b

1Illinois resident for tuition purposes. Beginning with the
22015-2016 academic year, if a person is utilizing benefits
3under the federal All-Volunteer Force Educational Assistance
4Program, then the Board shall deem that person an Illinois
5resident for tuition purposes. Beginning with the 2015-2016
6academic year, if a person is utilizing benefits under the
7federal All-Volunteer Force Educational Assistance Program,
8then the Board of Trustees shall deem that person an Illinois
9resident for tuition purposes. Beginning with the 2019-2020
10academic year, per the federal requirements for maintaining
11approval for veterans' education benefits under 38 U.S.C.
123679(c), if a person is on active military duty or is receiving
13veterans' education benefits, then the Board of Trustees shall
14deem that person an Illinois resident for tuition purposes for
15any academic quarter, semester, or term, as applicable.
16    (c) If a dependent student's parent or guardian holds an
17H-1B visa or Permanent Resident Card and if the student meets
18all of the conditions set forth in subsection (a), then the
19Board shall deem that student an Illinois resident for tuition
20purposes.
21(Source: P.A. 101-424, eff. 8-16-19.)
 
22    Section 35. The Northeastern Illinois University Law is
23amended by changing Section 25-88 as follows:
 
24    (110 ILCS 680/25-88)

 

 

SB0572- 17 -LRB102 15857 CMG 21226 b

1    Sec. 25-88. In-state tuition charge.
2    (a) Notwithstanding any other provision of law to the
3contrary, for tuition purposes, the Board shall deem an
4individual an Illinois resident, until the individual
5establishes a residence outside of this State, if all of the
6following conditions are met:
7        (1) The individual resided with his or her parent or
8    guardian while attending a public or private high school
9    in this State.
10        (2) The individual graduated from a public or private
11    high school or received the equivalent of a high school
12    diploma in this State.
13        (3) The individual attended school in this State for
14    at least 3 years as of the date the individual graduated
15    from high school or received the equivalent of a high
16    school diploma.
17        (4) The individual registers as an entering student in
18    the University not earlier than the 2003 fall semester.
19        (5) In the case of an individual who is not a citizen
20    or a permanent resident of the United States, the
21    individual provides the University with an affidavit
22    stating that the individual will file an application to
23    become a permanent resident of the United States at the
24    earliest opportunity the individual is eligible to do so.
25    This subsection (a) applies only to tuition for a term or
26semester that begins on or after May 20, 2003 (the effective

 

 

SB0572- 18 -LRB102 15857 CMG 21226 b

1date of Public Act 93-7). Any revenue lost by the University in
2implementing this subsection (a) shall be absorbed by the
3University Income Fund.
4    (b) If a person is on active military duty and stationed in
5Illinois, then the Board shall deem that person and any of his
6or her dependents Illinois residents for tuition purposes.
7Beginning with the 2009-2010 academic year, if a person is on
8active military duty and is stationed out of State, but he or
9she was stationed in this State for at least 3 years
10immediately prior to being reassigned out of State, then the
11Board shall deem that person and any of his or her dependents
12Illinois residents for tuition purposes, as long as that
13person or his or her dependent (i) applies for admission to the
14University within 18 months of the person on active military
15duty being reassigned or (ii) remains continuously enrolled at
16the University. Beginning with the 2013-2014 academic year, if
17a person is utilizing benefits under the federal Post-9/11
18Veterans Educational Assistance Act of 2008 or any subsequent
19variation of that Act, then the Board shall deem that person an
20Illinois resident for tuition purposes. Beginning with the
212015-2016 academic year, if a person is utilizing benefits
22under the federal All-Volunteer Force Educational Assistance
23Program, then the Board shall deem that person an Illinois
24resident for tuition purposes. Beginning with the 2019-2020
25academic year, per the federal requirements for maintaining
26approval for veterans' education benefits under 38 U.S.C.

 

 

SB0572- 19 -LRB102 15857 CMG 21226 b

13679(c), if a person is on active military duty or is receiving
2veterans' education benefits, then the Board of Trustees shall
3deem that person an Illinois resident for tuition purposes for
4any academic quarter, semester, or term, as applicable.
5    (c) If a dependent student's parent or guardian holds an
6H-1B visa or Permanent Resident Card and if the student meets
7all of the conditions set forth in subsection (a), then the
8Board shall deem that student an Illinois resident for tuition
9purposes.
10(Source: P.A. 101-424, eff. 8-16-19.)
 
11    Section 40. The Northern Illinois University Law is
12amended by changing Section 30-88 as follows:
 
13    (110 ILCS 685/30-88)
14    Sec. 30-88. In-state tuition charge.
15    (a) Notwithstanding any other provision of law to the
16contrary, for tuition purposes, the Board shall deem an
17individual an Illinois resident, until the individual
18establishes a residence outside of this State, if all of the
19following conditions are met:
20        (1) The individual resided with his or her parent or
21    guardian while attending a public or private high school
22    in this State.
23        (2) The individual graduated from a public or private
24    high school or received the equivalent of a high school

 

 

SB0572- 20 -LRB102 15857 CMG 21226 b

1    diploma in this State.
2        (3) The individual attended school in this State for
3    at least 3 years as of the date the individual graduated
4    from high school or received the equivalent of a high
5    school diploma.
6        (4) The individual registers as an entering student in
7    the University not earlier than the 2003 fall semester.
8        (5) In the case of an individual who is not a citizen
9    or a permanent resident of the United States, the
10    individual provides the University with an affidavit
11    stating that the individual will file an application to
12    become a permanent resident of the United States at the
13    earliest opportunity the individual is eligible to do so.
14    This subsection (a) applies only to tuition for a term or
15semester that begins on or after May 20, 2003 (the effective
16date of Public Act 93-7). Any revenue lost by the University in
17implementing this subsection (a) shall be absorbed by the
18University Income Fund.
19    (b) If a person is on active military duty and stationed in
20Illinois, then the Board shall deem that person and any of his
21or her dependents Illinois residents for tuition purposes.
22Beginning with the 2009-2010 academic year, if a person is on
23active military duty and is stationed out of State, but he or
24she was stationed in this State for at least 3 years
25immediately prior to being reassigned out of State, then the
26Board shall deem that person and any of his or her dependents

 

 

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1Illinois residents for tuition purposes, as long as that
2person or his or her dependent (i) applies for admission to the
3University within 18 months of the person on active military
4duty being reassigned or (ii) remains continuously enrolled at
5the University. Beginning with the 2013-2014 academic year, if
6a person is utilizing benefits under the federal Post-9/11
7Veterans Educational Assistance Act of 2008 or any subsequent
8variation of that Act, then the Board shall deem that person an
9Illinois resident for tuition purposes. Beginning with the
102015-2016 academic year, if a person is utilizing benefits
11under the federal All-Volunteer Force Educational Assistance
12Program, then the Board shall deem that person an Illinois
13resident for tuition purposes. Beginning with the 2019-2020
14academic year, per the federal requirements for maintaining
15approval for veterans' education benefits under 38 U.S.C.
163679(c), if a person is on active military duty or is receiving
17veterans' education benefits, then the Board of Trustees shall
18deem that person an Illinois resident for tuition purposes for
19any academic quarter, semester, or term, as applicable.
20    (c) If a dependent student's parent or guardian holds an
21H-1B visa or Permanent Resident Card and if the student meets
22all of the conditions set forth in subsection (a), then the
23Board shall deem that student an Illinois resident for tuition
24purposes.
25(Source: P.A. 101-424, eff. 8-16-19.)
 

 

 

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1    Section 45. The Western Illinois University Law is amended
2by changing Section 35-88 as follows:
 
3    (110 ILCS 690/35-88)
4    Sec. 35-88. In-state tuition charge.
5    (a) Notwithstanding any other provision of law to the
6contrary, for tuition purposes, the Board shall deem an
7individual an Illinois resident, until the individual
8establishes a residence outside of this State, if all of the
9following conditions are met:
10        (1) The individual resided with his or her parent or
11    guardian while attending a public or private high school
12    in this State.
13        (2) The individual graduated from a public or private
14    high school or received the equivalent of a high school
15    diploma in this State.
16        (3) The individual attended school in this State for
17    at least 3 years as of the date the individual graduated
18    from high school or received the equivalent of a high
19    school diploma.
20        (4) The individual registers as an entering student in
21    the University not earlier than the 2003 fall semester.
22        (5) In the case of an individual who is not a citizen
23    or a permanent resident of the United States, the
24    individual provides the University with an affidavit
25    stating that the individual will file an application to

 

 

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1    become a permanent resident of the United States at the
2    earliest opportunity the individual is eligible to do so.
3    This subsection (a) applies only to tuition for a term or
4semester that begins on or after May 20, 2003 (the effective
5date of Public Act 93-7). Any revenue lost by the University in
6implementing this subsection (a) shall be absorbed by the
7University Income Fund.
8    (b) If a person is on active military duty and stationed in
9Illinois, then the Board shall deem that person and any of his
10or her dependents Illinois residents for tuition purposes.
11Beginning with the 2009-2010 academic year, if a person is on
12active military duty and is stationed out of State, but he or
13she was stationed in this State for at least 3 years
14immediately prior to being reassigned out of State, then the
15Board shall deem that person and any of his or her dependents
16Illinois residents for tuition purposes, as long as that
17person or his or her dependent (i) applies for admission to the
18University within 18 months of the person on active military
19duty being reassigned or (ii) remains continuously enrolled at
20the University. Beginning with the 2013-2014 academic year, if
21a person is utilizing benefits under the federal Post-9/11
22Veterans Educational Assistance Act of 2008 or any subsequent
23variation of that Act, then the Board shall deem that person an
24Illinois resident for tuition purposes. Beginning with the
252015-2016 academic year, if a person is utilizing benefits
26under the federal All-Volunteer Force Educational Assistance

 

 

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1Program, then the Board shall deem that person an Illinois
2resident for tuition purposes. Beginning with the 2019-2020
3academic year, per the federal requirements for maintaining
4approval for veterans' education benefits under 38 U.S.C.
53679(c), if a person is on active military duty or is receiving
6veterans' education benefits, then the Board of Trustees shall
7deem that person an Illinois resident for tuition purposes for
8any academic quarter, semester, or term, as applicable.
9    (c) If a dependent student's parent or guardian holds an
10H-1B visa or Permanent Resident Card and if the student meets
11all of the conditions set forth in subsection (a), then the
12Board shall deem that student an Illinois resident for tuition
13purposes.
14(Source: P.A. 101-424, eff. 8-16-19.)
 
15    Section 50. The Public Community College Act is amended by
16changing Section 6-4a as follows:
 
17    (110 ILCS 805/6-4a)
18    Sec. 6-4a. In-state tuition charge.
19    (a) Notwithstanding any other provision of law to the
20contrary, for tuition purposes, a board shall deem an
21individual an Illinois resident, until the individual
22establishes a residence outside of this State, if all of the
23following conditions are met:
24        (1) The individual resided with his or her parent or

 

 

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1    guardian while attending a public or private high school
2    in this State.
3        (2) The individual graduated from a public or private
4    high school or received the equivalent of a high school
5    diploma in this State.
6        (3) The individual attended school in this State for
7    at least 3 years as of the date the individual graduated
8    from high school or received the equivalent of a high
9    school diploma.
10        (4) The individual registers as an entering student in
11    the community college not earlier than the 2003 fall
12    semester.
13        (5) In the case of an individual who is not a citizen
14    or a permanent resident of the United States, the
15    individual provides the community college with an
16    affidavit stating that the individual will file an
17    application to become a permanent resident of the United
18    States at the earliest opportunity the individual is
19    eligible to do so.
20    (b) This Section applies only to tuition for a term or
21semester that begins on or after the effective date of this
22amendatory Act of the 93rd General Assembly.
23    (c) Beginning with the 2013-2014 academic year, if a
24person is utilizing benefits under the federal Post-9/11
25Veterans Educational Assistance Act of 2008 or any subsequent
26variation of that Act, then the board shall deem that person an

 

 

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1Illinois resident for tuition purposes.
2    (d) Beginning with the 2015-2016 academic year, if a
3person is utilizing benefits under the federal All-Volunteer
4Force Educational Assistance Program, then the board shall
5deem that person an Illinois resident for tuition purposes.
6    (e) Beginning with the 2019-2020 academic year, per the
7federal requirements for maintaining approval for veterans'
8education benefits under 38 U.S.C. 3679(c), if a person is on
9active military duty or is receiving veterans' education
10benefits, then the board shall deem that person an Illinois
11resident for tuition purposes for any academic quarter,
12semester, or term, as applicable.
13    (f) If a dependent student's parent or guardian holds an
14H-1B visa or Permanent Resident Card and if the student meets
15all of the conditions set forth in subsection (a), then the
16board shall deem that student an Illinois resident for tuition
17purposes.
18(Source: P.A. 101-424, eff. 8-16-19.)
 
19    Section 99. Effective date. This Act takes effect July 1,
202021.