Bill Text: IL SB1255 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Amends the Scholarships Article of the School Code. With regard to the MIA/POW Scholarship, provides that the definition of "eligible veteran or serviceperson" includes, among other requirements, a veteran or serviceperson who is a resident of Illinois at the time of application for the Scholarship and, at some point after leaving service, was a resident of Illinois for at least 15 consecutive years. Further amends the Illinois Veteran grant program under the Higher Education Student Assistance Act. Removes a provision providing that a person is a qualified applicant if he or she 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. Provides that a person is a qualified applicant if, despite not meeting other requirements, he or she is a resident of Illinois at the time of application to the Illinois Student Assistance Commission and, at some point after leaving federal active duty service, was a resident of Illinois for at least 15 consecutive years. Changes the definition of "qualified dependent" to include a spouse of a veteran of the United States Armed Forces who meets certain qualifications. Effective July 1, 2019.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1255 Detail]

Download: Illinois-2019-SB1255-Introduced.html

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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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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 Section 40 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

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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.
"Qualified dependent" means any natural born or legally
adopted child of a veteran of the United States Armed Forces
who meets all of the following qualifications:
(1) Has earned a high school diploma or high school
equivalency certificate and is at least 18 years of age but
less than 26 years of age, unless granted an extension by
the Commission due to a qualifying illness or debilitating
condition.

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(2) Meets the cumulative grade point average
requirements of the postsecondary institution.
(3) Is a resident of Illinois for the term in which the
grant under subsection (i) is transferred.
"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 the definition
of "qualified applicant" 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 grant recipient 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

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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 person qualified applicant who has been or is to be
awarded assistance under this Section shall receive that
assistance if the person 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 person qualified applicant is
enrolled shall honor without any condition other than the
person's 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

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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.
(i) Beginning with the 2019-2020 academic year, a grant
awarded under this Section may be transferred to a qualified
dependent if the qualified dependent's parent meets all of the
following qualifications:
(1) He or she is a qualified applicant under subsection
(a) or (b).
(2) He or she has served at least 6 years of federal
active duty service and at least 2 years of Reserve or
Individual Ready Reserve service.
(3) He or she has no federal veterans' educational
benefits or no federal veterans' educational benefits
dedicated only to the payment of tuition and fees, such as
Chapter 31 or 33 benefits, for an enrolled term or semester

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

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veteran may revoke or otherwise change the transfer of his or
her benefits to a qualified dependent under this subsection at
any time but may not transfer his or her benefits to the same
qualified dependent again once those benefits have been revoked
for that qualified dependent.
A veteran may transfer benefits under this subsection 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.
(Source: P.A. 94-583, eff. 8-15-05.)
Section 99. Effective date. This Act takes effect July 1,
2019.