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