Bill Amendment: IL SB1255 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VETERAN GRANT PROGRM-DEPENDENT
Status: 2021-01-13 - Session Sine Die [SB1255 Detail]
Download: Illinois-2019-SB1255-Senate_Amendment_003.html
Bill Title: VETERAN GRANT PROGRM-DEPENDENT
Status: 2021-01-13 - Session Sine Die [SB1255 Detail]
Download: Illinois-2019-SB1255-Senate_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 1255
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2 | AMENDMENT NO. ______. Amend Senate Bill 1255, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 30-14.2 as follows:
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7 | (105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
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8 | Sec. 30-14.2. MIA/POW scholarships.
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9 | (a) Any spouse, natural child, legally adopted child, or
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10 | step-child of an eligible veteran or serviceperson who | ||||||
11 | possesses all necessary
entrance requirements shall, upon | ||||||
12 | application and proper proof, be awarded
a MIA/POW Scholarship | ||||||
13 | consisting of the equivalent of 4 calendar years of
full-time | ||||||
14 | enrollment including summer terms, to the state supported
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15 | Illinois institution of higher learning of his choice, subject | ||||||
16 | to the
restrictions listed below.
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1 | "Eligible veteran or serviceperson" means any veteran or | ||||||
2 | serviceperson, including an Illinois National Guard member who | ||||||
3 | is on active duty or is active on a training assignment,
who | ||||||
4 | has been declared by the U.S. Department of Defense or the
U.S. | ||||||
5 | Department of Veterans Affairs to be a prisoner of war, be | ||||||
6 | missing
in action, have died as the result of a | ||||||
7 | service-connected disability or have become a person with a | ||||||
8 | permanent disability from service-connected causes with 100% | ||||||
9 | disability and
who (i) at the time of entering service was an | ||||||
10 | Illinois resident, (ii) was an
Illinois resident within 6 | ||||||
11 | months after entering such service, or (iii) is a resident of | ||||||
12 | Illinois at the time of application for the Scholarship and, at | ||||||
13 | some point after leaving such service, was a resident of | ||||||
14 | Illinois for at least 15 consecutive years until July 1, 2014, | ||||||
15 | became an Illinois resident within 6 months after leaving the | ||||||
16 | service and can establish at least 30 years of continuous | ||||||
17 | residency in the State of Illinois .
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18 | Full-time enrollment means 12 or more semester hours of | ||||||
19 | courses per semester,
or 12 or more quarter hours of courses | ||||||
20 | per quarter, or the equivalent thereof
per term. Scholarships | ||||||
21 | utilized by dependents enrolled in less than full-time
study | ||||||
22 | shall be computed in the proportion which the number of hours | ||||||
23 | so carried
bears to full-time enrollment.
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24 | Scholarships awarded under this Section may be used by a | ||||||
25 | spouse or child
without regard to his or her age. The holder of | ||||||
26 | a Scholarship
awarded under this Section shall be subject to |
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1 | all examinations and academic
standards, including the | ||||||
2 | maintenance of minimum grade levels, that are
applicable | ||||||
3 | generally to other enrolled students at the Illinois | ||||||
4 | institution of
higher learning where the Scholarship is being | ||||||
5 | used.
If the surviving spouse
remarries or if there is a | ||||||
6 | divorce between the veteran or serviceperson and
his or her | ||||||
7 | spouse while the dependent is pursuing his or her course of
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8 | study, Scholarship benefits will be terminated at the end of | ||||||
9 | the term for
which he or she is presently enrolled. Such | ||||||
10 | dependents shall also be
entitled, upon proper proof and | ||||||
11 | application, to enroll in any extension
course offered by a | ||||||
12 | State supported Illinois institution of higher learning
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13 | without payment of tuition and approved fees.
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14 | The holder of a MIA/POW Scholarship authorized under this | ||||||
15 | Section shall
not be required to pay any matriculation or | ||||||
16 | application fees, tuition,
activities fees, graduation fees or | ||||||
17 | other fees, except multipurpose
building fees or similar fees | ||||||
18 | for supplies and materials.
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19 | Any dependent who has been or shall be awarded a MIA/POW | ||||||
20 | Scholarship shall
be reimbursed by the appropriate institution | ||||||
21 | of higher learning for any
fees which he or she has paid and | ||||||
22 | for which exemption is granted under this
Section if | ||||||
23 | application for reimbursement is made within 2 months following
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24 | the end of the school term for which the fees were paid.
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25 | (b) In lieu of the benefit provided in subsection (a), any | ||||||
26 | spouse,
natural child, legally adopted child, or step-child of |
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1 | an eligible veteran
or serviceperson, which spouse or child has | ||||||
2 | a physical, mental or
developmental disability, shall be | ||||||
3 | entitled to receive, upon application and
proper proof, a | ||||||
4 | benefit to be used for the purpose of defraying the cost of
the | ||||||
5 | attendance or treatment of such spouse or child at one or more
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6 | appropriate therapeutic, rehabilitative or educational | ||||||
7 | facilities. The
application and proof may be made by the parent | ||||||
8 | or legal guardian of the
spouse or child on his or her behalf.
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9 | The total benefit provided to any beneficiary under this | ||||||
10 | subsection shall
not exceed the cost equivalent of 4 calendar | ||||||
11 | years of full-time enrollment,
including summer terms, at the | ||||||
12 | University of Illinois. Whenever
practicable in the opinion of | ||||||
13 | the Department of Veterans' Affairs, payment
of benefits under | ||||||
14 | this subsection shall be made directly to the facility,
the | ||||||
15 | cost of attendance or treatment at which is being defrayed, as | ||||||
16 | such
costs accrue.
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17 | (c) The benefits of this Section shall be administered by | ||||||
18 | and paid for out
of funds made available to the Illinois | ||||||
19 | Department of Veterans' Affairs.
The amounts that become due to | ||||||
20 | any state supported Illinois institution of
higher learning | ||||||
21 | shall be payable by the Comptroller to such institution on
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22 | vouchers approved by the Illinois Department of Veterans' | ||||||
23 | Affairs. The
amounts that become due under subsection (b) of | ||||||
24 | this Section shall be
payable by warrant upon vouchers issued | ||||||
25 | by the Illinois Department of
Veterans' Affairs and approved by | ||||||
26 | the Comptroller. The Illinois Department
of Veterans' Affairs |
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1 | shall determine the eligibility of the persons
who make | ||||||
2 | application for the benefits provided for in this Section.
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3 | (d) A spouse, natural child, legally adopted child, or | ||||||
4 | step-child of an eligible veteran or serviceperson is not | ||||||
5 | eligible to receive any benefits under this Section if he or | ||||||
6 | she is receiving grant assistance under Section 40 of the | ||||||
7 | Higher Education Student Assistance Act. | ||||||
8 | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | ||||||
9 | 100-201, eff. 8-18-17.)
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10 | Section 10. The Higher Education Student Assistance Act is | ||||||
11 | amended by changing Section 40 as follows:
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12 | (110 ILCS 947/40)
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13 | Sec. 40. Illinois Veteran grant program. | ||||||
14 | (a) As used in this Section: | ||||||
15 | "Qualified applicant" means a person who served in the | ||||||
16 | Armed Forces of the United States, a Reserve component of the | ||||||
17 | Armed Forces, or the Illinois National Guard, excluding members | ||||||
18 | of the Reserve Officers' Training Corps and those whose only | ||||||
19 | service has been attendance at a service academy, and who meets | ||||||
20 | all of the following qualifications of either paragraphs (1) | ||||||
21 | through (4) or paragraphs (2), (3), and (5) : | ||||||
22 | (1) At the time of entering federal active duty service | ||||||
23 | the person was one of the following: | ||||||
24 | (A) An Illinois resident. |
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1 | (B) An Illinois resident within 6 months of | ||||||
2 | entering such service. | ||||||
3 | (C) Enrolled at a State-controlled university or | ||||||
4 | public community college in this State. | ||||||
5 | (2) The person meets one of the following requirements: | ||||||
6 | (A) He or she served at least one year of federal | ||||||
7 | active duty. | ||||||
8 | (B) He or she served less than one year of federal | ||||||
9 | active duty and received an honorable discharge for | ||||||
10 | medical reasons directly connected with such service. | ||||||
11 | (C) He or she served less than one year of federal | ||||||
12 | active duty and was discharged prior to August 11, | ||||||
13 | 1967. | ||||||
14 | (D) He or she served less than one year of federal | ||||||
15 | active duty in a foreign country during a time of | ||||||
16 | hostilities in that foreign country. | ||||||
17 | (3) The person received an honorable discharge after | ||||||
18 | leaving each period of federal active duty service. | ||||||
19 | (4) The person returned to this State within 6 months | ||||||
20 | after leaving federal active duty service, or, if married | ||||||
21 | to a person in continued military service stationed outside | ||||||
22 | this State, returned to this State within 6 months after | ||||||
23 | his or her spouse left service or was stationed within this | ||||||
24 | State. | ||||||
25 | (5) The person does not meet the requirements of | ||||||
26 | paragraph (1), but (i) is a resident of Illinois at the |
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1 | time of application to the Commission and (ii) at some | ||||||
2 | point after leaving federal active duty service, was a | ||||||
3 | resident of Illinois for at least 15 consecutive years. | ||||||
4 | "Qualified dependent" means any spouse or natural born or | ||||||
5 | legally adopted child of a veteran of the United States Armed | ||||||
6 | Forces who meets all of the following qualifications: | ||||||
7 | (1) Has earned a high school diploma or high school | ||||||
8 | equivalency certificate or is at least 18 years of age and, | ||||||
9 | for a natural born or legally adopted child of a veteran, | ||||||
10 | less than 26 years of age, unless granted an extension by | ||||||
11 | the Commission due to a qualifying illness or debilitating | ||||||
12 | condition. | ||||||
13 | (2) Meets the cumulative grade point average | ||||||
14 | requirements of the postsecondary institution. | ||||||
15 | (3) Is a resident of Illinois for the term in which the | ||||||
16 | grant under subsection (i) is transferred. | ||||||
17 | "Time of hostilities" means any action by the Armed Forces | ||||||
18 | of the United States that is recognized by the issuance of a | ||||||
19 | Presidential proclamation or a Presidential executive order | ||||||
20 | and in which the Armed Forces expeditionary medal or other | ||||||
21 | campaign service medals are awarded according to Presidential | ||||||
22 | executive order. | ||||||
23 | (b) A person who otherwise qualifies under the definition | ||||||
24 | of "qualified applicant" under subsection (a) of this Section | ||||||
25 | but has not left federal active duty service and has served at | ||||||
26 | least one year of federal active duty or has served for less |
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1 | than one year of federal active duty in a foreign country | ||||||
2 | during a time of hostilities in that foreign country and who | ||||||
3 | can provide documentation demonstrating an honorable service | ||||||
4 | record is eligible to receive assistance under this Section. | ||||||
5 | (c) A grant recipient qualified applicant is not required | ||||||
6 | to pay any tuition or mandatory fees while attending a | ||||||
7 | State-controlled university or public community college in | ||||||
8 | this State for a period that is based on the length of the | ||||||
9 | qualified applicant's federal active duty service, as verified | ||||||
10 | on his or her U.S. Department of Defense form DD-214, | ||||||
11 | calculated as follows: | ||||||
12 | (1) 72 credit hours (or 60% of the maximum payable | ||||||
13 | benefit) for 12 or more months but less than 18 months of | ||||||
14 | active duty service; | ||||||
15 | (2) 84 credit hours (or 70% of the maximum payable | ||||||
16 | benefit) for 18 or more months but less than 24 months of | ||||||
17 | active duty service; | ||||||
18 | (3) 96 credit hours (or 80% of the maximum payable | ||||||
19 | benefit) for 24 or more months but less than 30 months of | ||||||
20 | service; | ||||||
21 | (4) 108 credit hours (or 90% of the maximum payable | ||||||
22 | benefit) for 30 or more months but less than 36 months of | ||||||
23 | service; or | ||||||
24 | (5) 120 credit hours (or 100% of the maximum payable | ||||||
25 | benefit) for 36 or more months of service. equivalent to 4 | ||||||
26 | years of full-time enrollment, including summer terms. |
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1 | A qualified applicant who has previously received benefits | ||||||
2 | under this Section for a non-mandatory fee shall continue to | ||||||
3 | receive benefits covering such fees while he or she is enrolled | ||||||
4 | in a continuous program of study. The qualified applicant shall | ||||||
5 | no longer receive a grant covering non-mandatory fees if he or | ||||||
6 | she fails to enroll during an academic term, unless he or she | ||||||
7 | is serving federal active duty service.
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8 | (d) A person qualified applicant who has been or is to be | ||||||
9 | awarded assistance under this Section shall receive that | ||||||
10 | assistance if the person qualified applicant notifies his or | ||||||
11 | her postsecondary institution of that fact by the end of the | ||||||
12 | school term for which assistance is requested. | ||||||
13 | (e) Assistance under this Section is considered an | ||||||
14 | entitlement that the State-controlled college or public | ||||||
15 | community college in which the person qualified applicant is | ||||||
16 | enrolled shall honor without any condition other than the | ||||||
17 | person's qualified applicant's maintenance of minimum grade | ||||||
18 | levels and a satisfactory student loan repayment record | ||||||
19 | pursuant to subsection (c) of Section 20 of this Act. | ||||||
20 | (f) The Commission shall administer the grant program | ||||||
21 | established by this Section and shall make all necessary and | ||||||
22 | proper rules not inconsistent with this Section for its | ||||||
23 | effective implementation. | ||||||
24 | (g) All applications for assistance under this Section must | ||||||
25 | be made to the Commission on forms that the Commission shall | ||||||
26 | provide. The Commission shall determine the form of application |
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1 | and the information required to be set forth in the | ||||||
2 | application, and the Commission shall require qualified | ||||||
3 | applicants to submit with their applications any supporting | ||||||
4 | documents that the Commission deems necessary. Upon request, | ||||||
5 | the Department of Veterans' Affairs shall assist the Commission | ||||||
6 | in determining the eligibility of applicants for assistance | ||||||
7 | under this Section. | ||||||
8 | (h) Assistance under this Section is available as long as | ||||||
9 | the federal government provides educational benefits to | ||||||
10 | veterans. Assistance must not be paid under this Section after | ||||||
11 | 6 months following the termination of educational benefits to | ||||||
12 | veterans by the federal government, except for persons who | ||||||
13 | already have begun their education with assistance under this | ||||||
14 | Section. If the federal government terminates educational | ||||||
15 | benefits to veterans and at a later time resumes those | ||||||
16 | benefits, assistance under this Section shall resume. | ||||||
17 | (i) Beginning with the 2020-2021 academic year, a grant | ||||||
18 | awarded under this Section may be transferred to a qualified | ||||||
19 | dependent if the qualified dependent's spouse or parent meets | ||||||
20 | all of the following qualifications: | ||||||
21 | (1) He or she is a qualified applicant under subsection | ||||||
22 | (a) or (b). | ||||||
23 | (2) He or she has served at least 6 years of federal | ||||||
24 | active duty service and at least 2 years of Reserve or | ||||||
25 | Individual Ready Reserve service. | ||||||
26 | (3) He or she has no federal veterans' educational |
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1 | benefits or no federal veterans' educational benefits | ||||||
2 | dedicated only to the payment of tuition and fees, such as | ||||||
3 | Chapter 31 or 33 benefits, for an enrolled term or semester | ||||||
4 | that exceed the value of a grant under this Section. | ||||||
5 | (4) He or she is a resident of Illinois during the term | ||||||
6 | of the qualified dependent's enrollment unless the veteran | ||||||
7 | has been recalled to active duty outside the State or has | ||||||
8 | rejoined the military and is outside the State pursuant to | ||||||
9 | military orders. However, a veteran who has a | ||||||
10 | service-connected disability rating, as determined by the | ||||||
11 | U.S. Department of Veterans Affairs, of 90% to 100% or is | ||||||
12 | unemployable based on a total disability, as determined by | ||||||
13 | the U.S. Department of Veterans Affairs, is not required to | ||||||
14 | maintain Illinois residency while his or her qualified | ||||||
15 | dependent receives benefits under this subsection. | ||||||
16 | A qualified dependent of a person who was killed in the | ||||||
17 | line of duty, was a prisoner of war, was missing in action, had | ||||||
18 | a service-connected disability rating, as determined by the | ||||||
19 | U.S. Department of Veterans Affairs, of 90% to 100%, was | ||||||
20 | unemployable based on a total disability, as determined by the | ||||||
21 | U.S. Department of Veterans Affairs, or died as a result of | ||||||
22 | injury or illness directly related to his or her military | ||||||
23 | service is eligible for a grant transfer of no less than 120 | ||||||
24 | credit hours under this subsection if the spouse or parent | ||||||
25 | would have otherwise met the qualifications under this | ||||||
26 | subsection. A dependent who is a natural born or legally |
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1 | adopted child of a veteran may still qualify for a grant under | ||||||
2 | this subsection if he or she marries or if his or her parents | ||||||
3 | divorce. | ||||||
4 | Benefits under this Section may not be used simultaneously | ||||||
5 | by both the veteran and his or her qualified dependent. A | ||||||
6 | veteran may revoke or otherwise change the transfer of his or | ||||||
7 | her benefits to a qualified dependent under this subsection at | ||||||
8 | any time but may not transfer his or her benefits to the same | ||||||
9 | qualified dependent again once those benefits have been revoked | ||||||
10 | for that qualified dependent. Benefits under this Section may | ||||||
11 | not be transferred to a qualified dependent if he or she is | ||||||
12 | receiving grant assistance under Section 30-14.2 of the School | ||||||
13 | Code. | ||||||
14 | A veteran may transfer benefits under this subsection to | ||||||
15 | multiple qualified dependents; however, the total number of | ||||||
16 | credit hours of assistance transferred may not exceed 120 | ||||||
17 | credit hours, and a veteran may transfer benefits to only one | ||||||
18 | qualified dependent at a time.
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19 | (Source: P.A. 94-583, eff. 8-15-05.)
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20 | Section 99. Effective date. This Act takes effect July 1, | ||||||
21 | 2019.".
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