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Illinois General Assembly· HB 5093Governor Approved

HIGHER ED-IN-STATE TUITION, the official text

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HB5093 Enrolled                     LRB104 17927 LNS 31364 b

1   AN ACT concerning education.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The University of Illinois Act is amended by

5 changing 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

9 contrary, for tuition purposes until July 1, 2026, the Board

10 of Trustees shall deem an individual an Illinois resident,

11 until the individual establishes a residence outside of this

12 State, if all of the following 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
    HB5093 Enrolled      -2-  LRB104 17927 LNS 31364 b

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

9 semester that begins on or after May 20, 2003 (the effective

10 date of Public Act 93-7) but before July 1, 2026. Any revenue

11 lost by the University in implementing this subsection (a)

12 shall be absorbed by the University Income Fund.

13  (a-5) Notwithstanding any other provision of law to the

14 contrary, beginning July 1, 2026, an individual, other than an

15 individual who has a non-immigrant alien status that precludes

16 an intent to permanently reside in the United States under

17 subsection (a) of Section 1101 of Title 8 of the United States

18 Code, shall be charged tuition by the Board of Trustees at the

19 same rate as an Illinois resident if the individual meets all

20 of the requirements of either paragraph (1) or (2):

21  (1) The individual:

22  (A) attended a public or private high school in

23  this State for at least 2 years before enrolling at the

24  University;

25  (B) graduated from a public or private high school

26  in this State or received the equivalent of a high
    HB5093 Enrolled      -3-       LRB104 17927 LNS 31364 b

1   school diploma in this State;

2   (C) (blank) attended high school while residing in

3   this State and has not established residency outside

4   of this State before enrolling at the University; and

5   (D) agrees to swear and affirm to the University

6   that the individual will file an application to become

7   a permanent resident of the United States at the

8   earliest opportunity if the individual is eligible to

9   do so and is not a citizen or lawful permanent resident

10  of the United States.

11  (2) The individual:

12  (A) attended any of the following for at least 2

13  years and attended for a cumulative total of at least 3

14  years before enrolling at the University:

15                   (i) a public or private high school in this

16  State;

17                   (ii) a public community college in a community

18  college district organized under the Public

19  Community College Act; or

20                   (iii) a combination of those educational

21  institutions set forth in subdivisions (i) and

22  (ii) of this subparagraph (A);

23  (B) has at the time of enrollment:

24                   (i) graduated from a public or private high

25  school in this State or received the equivalent of

26  a high school diploma in this State; and
    HB5093 Enrolled  -4-   LRB104 17927 LNS 31364 b

1                    (ii) earned an associate degree from or

2   completed at least 60 credit hours of graded,

3   transferable coursework at a public community

4   college in a community college district organized

5   under the Public Community College Act;

6   (C) (blank) attended an educational institution

7   set forth in subdivision (i) or (ii) of subparagraph

8   (A) of this paragraph (2) while residing in this State

9   and has not established residency outside of this

10  State before enrolling at the University; and

11  (D) agrees to swear and affirm to the University

12  that the individual will file an application to become

13  a permanent resident of the United States at the

14  earliest opportunity if the individual is eligible to

15  do so and is not a citizen or lawful permanent resident

16  of the United States.

17  (b) If a person is on active military duty and stationed in

18 Illinois, then the Board of Trustees shall deem that person

19 and any of his or her dependents Illinois residents for

20 tuition purposes. Beginning with the 2009-2010 academic year,

21 if a person is on active military duty and is stationed out of

22 State, but he or she was stationed in this State for at least 3

23 years immediately prior to being reassigned out of State, then

24 the Board of Trustees shall deem that person and any of his or

25 her dependents Illinois residents for tuition purposes, as

26 long as that person or his or her dependent (i) applies for
    HB5093 Enrolled  -5-              LRB104 17927 LNS 31364 b

1 admission to the University within 18 months of the person on

2 active military duty being reassigned or (ii) remains

3 continuously enrolled at the University. Beginning with the

4 2013-2014 academic year, if a person is utilizing benefits

5 under the federal Post-9/11 Veterans Educational Assistance

6 Act of 2008 or any subsequent variation of that Act, then the

7 Board of Trustees shall deem that person an Illinois resident

8 for tuition purposes. Beginning with the 2015-2016 academic

9 year, if a person is utilizing benefits under the federal

10 All-Volunteer Force Educational Assistance Program, then the

11 Board of Trustees shall deem that person an Illinois resident

12 for tuition purposes. Beginning with the 2019-2020 academic

13 year, per the federal requirements for maintaining approval

14 for veterans' education benefits under 38 U.S.C. 3679(c), if a

15 person is on active military duty or is receiving veterans'

16 education benefits, then the Board of Trustees shall deem that

17 person an Illinois resident for tuition purposes for any

18 academic quarter, semester, or term, as applicable.

19  (c) The Board of Trustees may adopt a policy to implement

20 and administer this Section and may adopt a policy for the

21 classification of in-state residents, for tuition purposes,

22 based on residency in this State.

23  (d) The General Assembly finds and declares that this

24 Section is a State law within the meaning of subsection (d) of

25 Section 1621 of Title 8 of the United States Code.

26  (e) The changes made to this Section by this amendatory
    HB5093 Enrolled         -6-  LRB104 17927 LNS 31364 b

1 Act of the 104th General Assembly apply beginning with the
2 2027-2028 academic year.
3 (Source: P.A. 103-876, eff. 1-1-25.)

4   Section 10. The Southern Illinois University Management

5 Act is amended by changing Section 8d-5 as follows:

6   (110 ILCS 520/8d-5)

7   Sec. 8d-5. In-state tuition charge.

8   (a) Notwithstanding any other provision of law to the

9 contrary, for tuition purposes until July 1, 2026, the Board

10 shall deem an individual an Illinois resident, until the

11 individual establishes a residence outside of this State, if

12 all of the following 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

24  the University not earlier than the 2003 fall semester.
    HB5093 Enrolled      -7-       LRB104 17927 LNS 31364 b

1   (5) In the case of an individual who is not a citizen

2   or a permanent resident of the United States, the

3   individual provides the University with an affidavit

4   stating that the individual will file an application to

5   become a permanent resident of the United States at the

6   earliest opportunity the individual is eligible to do so.

7   This subsection (a) applies only to tuition for a term or

8 semester that begins on or after May 20, 2003 (the effective

9 date of Public Act 93-7) but before July 1, 2026. Any revenue

10 lost by the University in implementing this subsection (a)

11 shall be absorbed by the University Income Fund.

12  (a-5) Notwithstanding any other provision of law to the

13 contrary, beginning July 1, 2026, an individual, other than an

14 individual who has a non-immigrant alien status that precludes

15 an intent to permanently reside in the United States under

16 subsection (a) of Section 1101 of Title 8 of the United States

17 Code, shall be charged tuition by the Board at the same rate as

18 an Illinois resident if the individual meets all of the

19 requirements of either paragraph (1) or (2):

20  (1) The individual:

21  (A) attended a public or private high school in

22  this State for at least 2 years before enrolling at the

23  University;

24  (B) graduated from a public or private high school

25  in this State or received the equivalent of a high

26  school diploma in this State;
    HB5093 Enrolled      -8-   LRB104 17927 LNS 31364 b

1   (C) (blank) attended high school while residing in

2   this State and has not established residency outside

3   of this State before enrolling at the University; and

4   (D) agrees to swear and affirm to the University

5   that the individual will file an application to become

6   a permanent resident of the United States at the

7   earliest opportunity if the individual is eligible to

8   do so and is not a citizen or lawful permanent resident

9   of the United States.

10  (2) The individual:

11  (A) attended any of the following for at least 2

12  years and attended for a cumulative total of at least 3

13  years before enrolling at the University:

14                   (i) a public or private high school in this

15  State;

16                   (ii) a public community college in a community

17  college district organized under the Public

18  Community College Act; or

19                   (iii) a combination of those educational

20  institutions set forth in subdivisions (i) and

21  (ii) of this subparagraph (A);

22  (B) has at the time of enrollment:

23                   (i) graduated from a public or private high

24  school in this State or received the equivalent of

25  a high school diploma in this State; and

26                   (ii) earned an associate degree from or
    HB5093 Enrolled  -9-   LRB104 17927 LNS 31364 b

1   completed at least 60 credit hours of graded,

2   transferable coursework at a public community

3   college in a community college district organized

4   under the Public Community College Act;

5   (C) (blank) attended an educational institution

6   set forth in subdivision (i) or (ii) of subparagraph

7   (A) of this paragraph (2) while residing in this State

8   and has not established residency outside of this

9   State before enrolling at the University; and

10  (D) agrees to swear and affirm to the University

11  that the individual will file an application to become

12  a permanent resident of the United States at the

13  earliest opportunity if the individual is eligible to

14  do so and is not a citizen or lawful permanent resident

15  of the United States.

16  (b) If a person is on active military duty and stationed in

17 Illinois, then the Board shall deem that person and any of his

18 or her dependents Illinois residents for tuition purposes.

19 Beginning with the 2009-2010 academic year, if a person is on

20 active military duty and is stationed out of State, but he or

21 she was stationed in this State for at least 3 years

22 immediately prior to being reassigned out of State, then the

23 Board shall deem that person and any of his or her dependents

24 Illinois residents for tuition purposes, as long as that

25 person or his or her dependent (i) applies for admission to the

26 University within 18 months of the person on active military
    HB5093 Enrolled          - 10 - LRB104 17927 LNS 31364 b

1 duty being reassigned or (ii) remains continuously enrolled at

2 the University. Beginning with the 2013-2014 academic year, if

3 a person is utilizing benefits under the federal Post-9/11

4 Veterans Educational Assistance Act of 2008 or any subsequent

5 variation of that Act, then the Board shall deem that person an

6 Illinois resident for tuition purposes. Beginning with the

7 2015-2016 academic year, if a person is utilizing benefits

8 under the federal All-Volunteer Force Educational Assistance

9 Program, then the Board shall deem that person an Illinois

10 resident for tuition purposes. Beginning with the 2019-2020

11 academic year, per the federal requirements for maintaining

12 approval for veterans' education benefits under 38 U.S.C.

13 3679(c), if a person is on active military duty or is receiving

14 veterans' education benefits, then the Board of Trustees shall

15 deem that person an Illinois resident for tuition purposes for

16 any academic quarter, semester, or term, as applicable.

17  (c) The Board may adopt a policy to implement and

18 administer this Section and may adopt a policy for the

19 classification of in-state residents, for tuition purposes,

20 based on residency in this State.

21  (d) The General Assembly finds and declares that this

22 Section is a State law within the meaning of subsection (d) of

23 Section 1621 of Title 8 of the United States Code.

24  (e) The changes made to this Section by this amendatory

25 Act of the 104th General Assembly apply beginning with the

26 2027-2028 academic year.
    HB5093 Enrolled         - 11 - LRB104 17927 LNS 31364 b

1 (Source: P.A. 103-876, eff. 1-1-25.)

2   Section 15. The Chicago State University Law is amended by

3 changing Section 5-88 as follows:

4   (110 ILCS 660/5-88)

5   Sec. 5-88. In-state tuition charge.

6   (a) Notwithstanding any other provision of law to the

7 contrary, for tuition purposes until July 1, 2026, the Board

8 shall deem an individual an Illinois resident, until the

9 individual establishes a residence outside of this State, if

10 all of the following conditions are met:

11  (1) The individual resided with his or her parent or

12  guardian while attending a public or private high school

13  in this State.

14  (2) The individual graduated from a public or private

15  high school or received the equivalent of a high school

16  diploma in this State.

17  (3) The individual attended school in this State for

18  at least 3 years as of the date the individual graduated

19  from high school or received the equivalent of a high

20  school diploma.

21  (4) The individual registers as an entering student in

22  the University not earlier than the 2003 fall semester.

23  (5) In the case of an individual who is not a citizen

24  or a permanent resident of the United States, the
    HB5093 Enrolled      - 12 - LRB104 17927 LNS 31364 b

1   individual provides the University with an affidavit

2   stating that the individual will file an application to

3   become a permanent resident of the United States at the

4   earliest opportunity the individual is eligible to do so.

5   This subsection (a) applies only to tuition for a term or

6 semester that begins on or after May 20, 2003 (the effective

7 date of Public Act 93-7) but before July 1, 2026. Any revenue

8 lost by the University in implementing this subsection (a)

9 shall be absorbed by the University Income Fund.

10  (a-5) Notwithstanding any other provision of law to the

11 contrary, beginning July 1, 2026, an individual, other than an

12 individual who has a non-immigrant alien status that precludes

13 an intent to permanently reside in the United States under

14 subsection (a) of Section 1101 of Title 8 of the United States

15 Code, shall be charged tuition by the Board at the same rate as

16 an Illinois resident if the individual meets all of the

17 requirements of either paragraph (1) or (2):

18  (1) The individual:

19  (A) attended a public or private high school in

20  this State for at least 2 years before enrolling at the

21  University;

22  (B) graduated from a public or private high school

23  in this State or received the equivalent of a high

24  school diploma in this State;

25  (C) (blank) attended high school while residing in

26  this State and has not established residency outside
    HB5093 Enrolled      - 13 - LRB104 17927 LNS 31364 b

1   of this State before enrolling at the University; and

2   (D) agrees to swear and affirm to the University

3   that the individual will file an application to become

4   a permanent resident of the United States at the

5   earliest opportunity if the individual is eligible to

6   do so and is not a citizen or lawful permanent resident

7   of the United States.

8   (2) The individual:

9   (A) attended any of the following for at least 2

10  years and attended for a cumulative total of at least 3

11  years before enrolling at the University:

12                   (i) a public or private high school in this

13  State;

14                   (ii) a public community college in a community

15  college district organized under the Public

16  Community College Act; or

17                   (iii) a combination of those educational

18  institutions set forth in subdivisions (i) and

19  (ii) of this subparagraph (A);

20  (B) has at the time of enrollment:

21                   (i) graduated from a public or private high

22  school in this State or received the equivalent of

23  a high school diploma in this State; and

24                   (ii) earned an associate degree from or

25  completed at least 60 credit hours of graded,

26  transferable coursework at a public community
    HB5093 Enrolled  - 14 - LRB104 17927 LNS 31364 b

1   college in a community college district organized

2   under the Public Community College Act;

3   (C) (blank) attended an educational institution

4   set forth in subdivision (i) or (ii) of subparagraph

5   (A) of this paragraph (2) while residing in this State

6   and has not established residency outside of this

7   State before enrolling at the University; and

8   (D) agrees to swear and affirm to the University

9   that the individual will file an application to become

10  a permanent resident of the United States at the

11  earliest opportunity if the individual is eligible to

12  do so and is not a citizen or lawful permanent resident

13  of the United States.

14  (b) If a person is on active military duty and stationed in

15 Illinois, then the Board shall deem that person and any of his

16 or her dependents Illinois residents for tuition purposes.

17 Beginning with the 2009-2010 academic year, if a person is on

18 active military duty and is stationed out of State, but he or

19 she was stationed in this State for at least 3 years

20 immediately prior to being reassigned out of State, then the

21 Board shall deem that person and any of his or her dependents

22 Illinois residents for tuition purposes, as long as that

23 person or his or her dependent (i) applies for admission to the

24 University within 18 months of the person on active military

25 duty being reassigned or (ii) remains continuously enrolled at

26 the University. Beginning with the 2013-2014 academic year, if
    HB5093 Enrolled          - 15 - LRB104 17927 LNS 31364 b

1 a person is utilizing benefits under the federal Post-9/11

2 Veterans Educational Assistance Act of 2008 or any subsequent

3 variation of that Act, then the Board shall deem that person an

4 Illinois resident for tuition purposes. Beginning with the

5 2015-2016 academic year, if a person is utilizing benefits

6 under the federal All-Volunteer Force Educational Assistance

7 Program, then the Board shall deem that person an Illinois

8 resident for tuition purposes. Beginning with the 2019-2020

9 academic year, per the federal requirements for maintaining

10 approval for veterans' education benefits under 38 U.S.C.

11 3679(c), if a person is on active military duty or is receiving

12 veterans' education benefits, then the Board of Trustees shall

13 deem that person an Illinois resident for tuition purposes for

14 any academic quarter, semester, or term, as applicable.

15  (c) The Board may adopt a policy to implement and

16 administer this Section and may adopt a policy for the

17 classification of in-state residents, for tuition purposes,

18 based on residency in this State.

19  (d) The General Assembly finds and declares that this

20 Section is a State law within the meaning of subsection (d) of

21 Section 1621 of Title 8 of the United States Code.

22  (e) The changes made to this Section by this amendatory

23 Act of the 104th General Assembly apply beginning with the

24 2027-2028 academic year.

25 (Source: P.A. 103-876, eff. 1-1-25.)
    HB5093 Enrolled         - 16 - LRB104 17927 LNS 31364 b

1   Section 20. The Eastern Illinois University Law is amended

2 by changing Section 10-88 as follows:

3   (110 ILCS 665/10-88)

4   Sec. 10-88. In-state tuition charge.

5   (a) Notwithstanding any other provision of law to the

6 contrary, for tuition purposes until July 1, 2026, the Board

7 shall deem an individual an Illinois resident, until the

8 individual establishes a residence outside of this State, if

9 all of the following 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
    HB5093 Enrolled      - 17 - LRB104 17927 LNS 31364 b

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

4 semester that begins on or after May 20, 2003 (the effective

5 date of Public Act 93-7) but before July 1, 2026. Any revenue

6 lost by the University in implementing this subsection (a)

7 shall be absorbed by the University Income Fund.

8   (a-5) Notwithstanding any other provision of law to the

9 contrary, beginning July 1, 2026, an individual, other than an

10 individual who has a non-immigrant alien status that precludes

11 an intent to permanently reside in the United States under

12 subsection (a) of Section 1101 of Title 8 of the United States

13 Code, shall be charged tuition by the Board at the same rate as

14 an Illinois resident if the individual meets all of the

15 requirements of either paragraph (1) or (2):

16  (1) The individual:

17  (A) attended a public or private high school in

18  this State for at least 2 years before enrolling at the

19  University;

20  (B) graduated from a public or private high school

21  in this State or received the equivalent of a high

22  school diploma in this State;

23  (C) (blank) attended high school while residing in

24  this State and has not established residency outside

25  of this State before enrolling at the University; and

26  (D) agrees to swear and affirm to the University
    HB5093 Enrolled      - 18 - LRB104 17927 LNS 31364 b

1   that the individual will file an application to become

2   a permanent resident of the United States at the

3   earliest opportunity if the individual is eligible to

4   do so and is not a citizen or lawful permanent resident

5   of the United States.

6   (2) The individual:

7   (A) attended any of the following for at least 2

8   years and attended for a cumulative total of at least 3

9   years before enrolling at the University:

10                   (i) a public or private high school in this

11  State;

12                   (ii) a public community college in a community

13  college district organized under the Public

14  Community College Act; or

15                   (iii) a combination of those educational

16  institutions set forth in subdivisions (i) and

17  (ii) of this subparagraph (A);

18  (B) has at the time of enrollment:

19                   (i) graduated from a public or private high

20  school in this State or received the equivalent of

21  a high school diploma in this State; and

22                   (ii) earned an associate degree from or

23  completed at least 60 credit hours of graded,

24  transferable coursework at a public community

25  college in a community college district organized

26  under the Public Community College Act;
    HB5093 Enrolled  - 19 - LRB104 17927 LNS 31364 b

1   (C) (blank) attended an educational institution

2   set forth in subdivision (i) or (ii) of subparagraph

3   (A) of this paragraph (2) while residing in this State

4   and has not established residency outside of this

5   State before enrolling at the University; and

6   (D) agrees to swear and affirm to the University

7   that the individual will file an application to become

8   a permanent resident of the United States at the

9   earliest opportunity if the individual is eligible to

10  do so and is not a citizen or lawful permanent resident

11  of the United States.

12  (b) If a person is on active military duty and stationed in

13 Illinois, then the Board shall deem that person and any of his

14 or her dependents Illinois residents for tuition purposes.

15 Beginning with the 2009-2010 academic year, if a person is on

16 active military duty and is stationed out of State, but he or

17 she was stationed in this State for at least 3 years

18 immediately prior to being reassigned out of State, then the

19 Board shall deem that person and any of his or her dependents

20 Illinois residents for tuition purposes, as long as that

21 person or his or her dependent (i) applies for admission to the

22 University within 18 months of the person on active military

23 duty being reassigned or (ii) remains continuously enrolled at

24 the University. Beginning with the 2013-2014 academic year, if

25 a person is utilizing benefits under the federal Post-9/11

26 Veterans Educational Assistance Act of 2008 or any subsequent
    HB5093 Enrolled          - 20 - LRB104 17927 LNS 31364 b

1 variation of that Act, then the Board shall deem that person an

2 Illinois resident for tuition purposes. Beginning with the

3 2015-2016 academic year, if a person is utilizing benefits

4 under the federal All-Volunteer Force Educational Assistance

5 Program, then the Board shall deem that person an Illinois

6 resident for tuition purposes. Beginning with the 2019-2020

7 academic year, per the federal requirements for maintaining

8 approval for veterans' education benefits under 38 U.S.C.

9 3679(c), if a person is on active military duty or is receiving

10 veterans' education benefits, then the Board of Trustees shall

11 deem that person an Illinois resident for tuition purposes for

12 any academic quarter, semester, or term, as applicable.

13  (c) The Board may adopt a policy to implement and

14 administer this Section and may adopt a policy for the

15 classification of in-state residents, for tuition purposes,

16 based on residency in this State.

17  (d) The General Assembly finds and declares that this

18 Section is a State law within the meaning of subsection (d) of

19 Section 1621 of Title 8 of the United States Code.

20  (e) The changes made to this Section by this amendatory

21 Act of the 104th General Assembly apply beginning with the

22 2027-2028 academic year.

23 (Source: P.A. 103-876, eff. 1-1-25.)

24  Section 25. The Governors State University Law is amended

25 by changing Section 15-88 as follows:
    HB5093 Enrolled         - 21 - LRB104 17927 LNS 31364 b

1   (110 ILCS 670/15-88)

2   Sec. 15-88. In-state tuition charge.

3   (a) Notwithstanding any other provision of law to the

4 contrary, for tuition purposes until July 1, 2026, the Board

5 shall deem an individual an Illinois resident, until the

6 individual establishes a residence outside of this State, if

7 all of the following conditions are met:

8   (1) The individual resided with his or her parent or

9   guardian while attending a public or private high school

10  in this State.

11  (2) The individual graduated from a public or private

12  high school or received the equivalent of a high school

13  diploma in this State.

14  (3) The individual attended school in this State for

15  at least 3 years as of the date the individual graduated

16  from high school or received the equivalent of a high

17  school diploma.

18  (4) The individual registers as an entering student in

19  the University not earlier than the 2003 fall semester.

20  (5) In the case of an individual who is not a citizen

21  or a permanent resident of the United States, the

22  individual provides the University with an affidavit

23  stating that the individual will file an application to

24  become a permanent resident of the United States at the

25  earliest opportunity the individual is eligible to do so.
    HB5093 Enrolled      - 22 - LRB104 17927 LNS 31364 b

1   This subsection (a) applies only to tuition for a term or

2 semester that begins on or after May 20, 2003 (the effective

3 date of Public Act 93-7) but before July 1, 2026. Any revenue

4 lost by the University in implementing this subsection (a)

5 shall be absorbed by the University Income Fund.

6   (a-5) Notwithstanding any other provision of law to the

7 contrary, beginning July 1, 2026, an individual, other than an

8 individual who has a non-immigrant alien status that precludes

9 an intent to permanently reside in the United States under

10 subsection (a) of Section 1101 of Title 8 of the United States

11 Code, shall be charged tuition by the Board at the same rate as

12 an Illinois resident if the individual meets all of the

13 requirements of either paragraph (1) or (2):

14  (1) The individual:

15  (A) attended a public or private high school in

16  this State for at least 2 years before enrolling at the

17  University;

18  (B) graduated from a public or private high school

19  in this State or received the equivalent of a high

20  school diploma in this State;

21  (C) (blank) attended high school while residing in

22  this State and has not established residency outside

23  of this State before enrolling at the University; and

24  (D) agrees to swear and affirm to the University

25  that the individual will file an application to become

26  a permanent resident of the United States at the
    HB5093 Enrolled      - 23 - LRB104 17927 LNS 31364 b

1   earliest opportunity if the individual is eligible to

2   do so and is not a citizen or lawful permanent resident

3   of the United States.

4   (2) The individual:

5   (A) attended any of the following for at least 2

6   years and attended for a cumulative total of at least 3

7   years before enrolling at the University:

8                    (i) a public or private high school in this

9   State;

10                   (ii) a public community college in a community

11  college district organized under the Public

12  Community College Act; or

13                   (iii) a combination of those educational

14  institutions set forth in subdivisions (i) and

15  (ii) of this subparagraph (A);

16  (B) has at the time of enrollment:

17                   (i) graduated from a public or private high

18  school in this State or received the equivalent of

19  a high school diploma in this State; and

20                   (ii) earned an associate degree from or

21  completed at least 60 credit hours of graded,

22  transferable coursework at a public community

23  college in a community college district organized

24  under the Public Community College Act;

25  (C) (blank) attended an educational institution

26  set forth in subdivision (i) or (ii) of subparagraph
    HB5093 Enrolled  - 24 - LRB104 17927 LNS 31364 b

1   (A) of this paragraph (2) while residing in this State

2   and has not established residency outside of this

3   State before enrolling at the University; and

4   (D) agrees to swear and affirm to the University

5   that the individual will file an application to become

6   a permanent resident of the United States at the

7   earliest opportunity if the individual is eligible to

8   do so and is not a citizen or lawful permanent resident

9   of the United States.

10  (b) If a person is on active military duty and stationed in

11 Illinois, then the Board shall deem that person and any of his

12 or her dependents Illinois residents for tuition purposes.

13 Beginning with the 2009-2010 academic year, if a person is on

14 active military duty and is stationed out of State, but he or

15 she was stationed in this State for at least 3 years

16 immediately prior to being reassigned out of State, then the

17 Board shall deem that person and any of his or her dependents

18 Illinois residents for tuition purposes, as long as that

19 person or his or her dependent (i) applies for admission to the

20 University within 18 months of the person on active military

21 duty being reassigned or (ii) remains continuously enrolled at

22 the University. Beginning with the 2013-2014 academic year, if

23 a person is utilizing benefits under the federal Post-9/11

24 Veterans Educational Assistance Act of 2008 or any subsequent

25 variation of that Act, then the Board shall deem that person an

26 Illinois resident for tuition purposes. Beginning with the
    HB5093 Enrolled          - 25 - LRB104 17927 LNS 31364 b

1 2015-2016 academic year, if a person is utilizing benefits

2 under the federal All-Volunteer Force Educational Assistance

3 Program, then the Board shall deem that person an Illinois

4 resident for tuition purposes. Beginning with the 2019-2020

5 academic year, per the federal requirements for maintaining

6 approval for veterans' education benefits under 38 U.S.C.

7 3679(c), if a person is on active military duty or is receiving

8 veterans' education benefits, then the Board of Trustees shall

9 deem that person an Illinois resident for tuition purposes for

10 any academic quarter, semester, or term, as applicable.

11  (c) The Board may adopt a policy to implement and

12 administer this Section and may adopt a policy for the

13 classification of in-state residents, for tuition purposes,

14 based on residency in this State.

15  (d) The General Assembly finds and declares that this

16 Section is a State law within the meaning of subsection (d) of

17 Section 1621 of Title 8 of the United States Code.

18  (e) The changes made to this Section by this amendatory

19 Act of the 104th General Assembly apply beginning with the

20 2027-2028 academic year.

21 (Source: P.A. 103-876, eff. 1-1-25.)

22  Section 30. The Illinois State University Law is amended

23 by changing Section 20-88 as follows:

24  (110 ILCS 675/20-88)
    HB5093 Enrolled         - 26 - LRB104 17927 LNS 31364 b

1   Sec. 20-88. In-state tuition charge.

2   (a) Notwithstanding any other provision of law to the

3 contrary, for tuition purposes until July 1, 2026, the Board

4 shall deem an individual an Illinois resident, until the

5 individual establishes a residence outside of this State, if

6 all of the following 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

26 semester that begins on or after May 20, 2003 (the effective
    HB5093 Enrolled      - 27 - LRB104 17927 LNS 31364 b

1 date of Public Act 93-7) but before July 1, 2026. Any revenue

2 lost by the University in implementing this subsection (a)

3 shall be absorbed by the University Income Fund.

4   (a-5) Notwithstanding any other provision of law to the

5 contrary, beginning July 1, 2026, an individual, other than an

6 individual who has a non-immigrant alien status that precludes

7 an intent to permanently reside in the United States under

8 subsection (a) of Section 1101 of Title 8 of the United States

9 Code, shall be charged tuition by the Board at the same rate as

10 an Illinois resident if the individual meets all of the

11 requirements of either paragraph (1) or (2):

12  (1) The individual:

13  (A) attended a public or private high school in

14  this State for at least 2 years before enrolling at the

15  University;

16  (B) graduated from a public or private high school

17  in this State or received the equivalent of a high

18  school diploma in this State;

19  (C) (blank) attended high school while residing in

20  this State and has not established residency outside

21  of this State before enrolling at the University; and

22  (D) agrees to swear and affirm to the University

23  that the individual will file an application to become

24  a permanent resident of the United States at the

25  earliest opportunity if the individual is eligible to

26  do so and is not a citizen or lawful permanent resident
    HB5093 Enrolled      - 28 - LRB104 17927 LNS 31364 b

1   of the United States.

2   (2) The individual:

3   (A) attended any of the following for at least 2

4   years and attended for a cumulative total of at least 3

5   years before enrolling at the University:

6                    (i) a public or private high school in this

7   State;

8                    (ii) a public community college in a community

9   college district organized under the Public

10  Community College Act; or

11                   (iii) a combination of those educational

12  institutions set forth in subdivisions (i) and

13  (ii) of this subparagraph (A);

14  (B) has at the time of enrollment:

15                   (i) graduated from a public or private high

16  school in this State or received the equivalent of

17  a high school diploma in this State; and

18                   (ii) earned an associate degree from or

19  completed at least 60 credit hours of graded,

20  transferable coursework at a public community

21  college in a community college district organized

22  under the Public Community College Act;

23  (C) (blank) attended an educational institution

24  set forth in subdivision (i) or (ii) of subparagraph

25  (A) of this paragraph (2) while residing in this State

26  and has not established residency outside of this
   HB5093 Enrolled  - 29 - LRB104 17927 LNS 31364 b

1  State before enrolling at the University; and

2  (D) agrees to swear and affirm to the University

3  that the individual will file an application to become

4  a permanent resident of the United States at the

5  earliest opportunity if the individual is eligible to

6  do so and is not a citizen or lawful permanent resident

7  of the United States.

8  (b) If a person is on active military duty and stationed in

9 Illinois, then the Board shall deem that person and any of his

10 or her dependents Illinois residents for tuition purposes.

11 Beginning with the 2009-2010 academic year, if a person is on

12 active military duty and is stationed out of State, but he or

13 she was stationed in this State for at least 3 years

14 immediately prior to being reassigned out of State, then the

15 Board shall deem that person and any of his or her dependents

16 Illinois residents for tuition purposes, as long as that

17 person or his or her dependent (i) applies for admission to the

18 University within 18 months of the person on active military

19 duty being reassigned or (ii) remains continuously enrolled at

20 the University. Beginning with the 2013-2014 academic year, if

21 a person is utilizing benefits under the federal Post-9/11

22 Veterans Educational Assistance Act of 2008 or any subsequent

23 variation of that Act, then the Board shall deem that person an

24 Illinois resident for tuition purposes. Beginning with the

25 2015-2016 academic year, if a person is utilizing benefits

26 under the federal All-Volunteer Force Educational Assistance
    HB5093 Enrolled          - 30 - LRB104 17927 LNS 31364 b

1 Program, then the Board shall deem that person an Illinois

2 resident for tuition purposes. Beginning with the 2015-2016

3 academic year, if a person is utilizing benefits under the

4 federal All-Volunteer Force Educational Assistance Program,

5 then the Board of Trustees shall deem that person an Illinois

6 resident for tuition purposes. Beginning with the 2019-2020

7 academic year, per the federal requirements for maintaining

8 approval for veterans' education benefits under 38 U.S.C.

9 3679(c), if a person is on active military duty or is receiving

10 veterans' education benefits, then the Board of Trustees shall

11 deem that person an Illinois resident for tuition purposes for

12 any academic quarter, semester, or term, as applicable.

13  (c) The Board may adopt a policy to implement and

14 administer this Section and may adopt a policy for the

15 classification of in-state residents, for tuition purposes,

16 based on residency in this State.

17  (d) The General Assembly finds and declares that this

18 Section is a State law within the meaning of subsection (d) of

19 Section 1621 of Title 8 of the United States Code.

20  (e) The changes made to this Section by this amendatory

21 Act of the 104th General Assembly apply beginning with the

22 2027-2028 academic year.

23 (Source: P.A. 103-876, eff. 1-1-25.)

24  Section 35. The Northeastern Illinois University Law is

25 amended by changing Section 25-88 as follows:
    HB5093 Enrolled         - 31 - LRB104 17927 LNS 31364 b

1   (110 ILCS 680/25-88)

2   Sec. 25-88. In-state tuition charge.

3   (a) Notwithstanding any other provision of law to the

4 contrary, for tuition purposes until July 1, 2026, the Board

5 shall deem an individual an Illinois resident, until the

6 individual establishes a residence outside of this State, if

7 all of the following conditions are met:

8   (1) The individual resided with his or her parent or

9   guardian while attending a public or private high school

10  in this State.

11  (2) The individual graduated from a public or private

12  high school or received the equivalent of a high school

13  diploma in this State.

14  (3) The individual attended school in this State for

15  at least 3 years as of the date the individual graduated

16  from high school or received the equivalent of a high

17  school diploma.

18  (4) The individual registers as an entering student in

19  the University not earlier than the 2003 fall semester.

20  (5) In the case of an individual who is not a citizen

21  or a permanent resident of the United States, the

22  individual provides the University with an affidavit

23  stating that the individual will file an application to

24  become a permanent resident of the United States at the

25  earliest opportunity the individual is eligible to do so.
    HB5093 Enrolled      - 32 - LRB104 17927 LNS 31364 b

1   This subsection (a) applies only to tuition for a term or

2 semester that begins on or after May 20, 2003 (the effective

3 date of Public Act 93-7) but before July 1, 2026. Any revenue

4 lost by the University in implementing this subsection (a)

5 shall be absorbed by the University Income Fund.

6   (a-5) Notwithstanding any other provision of law to the

7 contrary, beginning July 1, 2026, an individual, other than an

8 individual who has a non-immigrant alien status that precludes

9 an intent to permanently reside in the United States under

10 subsection (a) of Section 1101 of Title 8 of the United States

11 Code, shall be charged tuition by the Board at the same rate as

12 an Illinois resident if the individual meets all of the

13 requirements of either paragraph (1) or (2):

14  (1) The individual:

15  (A) attended a public or private high school in

16  this State for at least 2 years before enrolling at the

17  University;

18  (B) graduated from a public or private high school

19  in this State or received the equivalent of a high

20  school diploma in this State;

21  (C) (blank) attended high school while residing in

22  this State and has not established residency outside

23  of this State before enrolling at the University; and

24  (D) agrees to swear and affirm to the University

25  that the individual will file an application to become

26  a permanent resident of the United States at the
    HB5093 Enrolled      - 33 - LRB104 17927 LNS 31364 b

1   earliest opportunity if the individual is eligible to

2   do so and is not a citizen or lawful permanent resident

3   of the United States.

4   (2) The individual:

5   (A) attended any of the following for at least 2

6   years and attended for a cumulative total of at least 3

7   years before enrolling at the University:

8                    (i) a public or private high school in this

9   State;

10                   (ii) a public community college in a community

11  college district organized under the Public

12  Community College Act; or

13                   (iii) a combination of those educational

14  institutions set forth in subdivisions (i) and

15  (ii) of this subparagraph (A);

16  (B) has at the time of enrollment:

17                   (i) graduated from a public or private high

18  school in this State or received the equivalent of

19  a high school diploma in this State; and

20                   (ii) earned an associate degree from or

21  completed at least 60 credit hours of graded,

22  transferable coursework at a public community

23  college in a community college district organized

24  under the Public Community College Act;

25  (C) (blank) attended an educational institution

26  set forth in subdivision (i) or (ii) of subparagraph
    HB5093 Enrolled  - 34 - LRB104 17927 LNS 31364 b

1   (A) of this paragraph (2) while residing in this State

2   and has not established residency outside of this

3   State before enrolling at the University; and

4   (D) agrees to swear and affirm to the University

5   that the individual will file an application to become

6   a permanent resident of the United States at the

7   earliest opportunity if the individual is eligible to

8   do so and is not a citizen or lawful permanent resident

9   of the United States.

10  (b) If a person is on active military duty and stationed in

11 Illinois, then the Board shall deem that person and any of his

12 or her dependents Illinois residents for tuition purposes.

13 Beginning with the 2009-2010 academic year, if a person is on

14 active military duty and is stationed out of State, but he or

15 she was stationed in this State for at least 3 years

16 immediately prior to being reassigned out of State, then the

17 Board shall deem that person and any of his or her dependents

18 Illinois residents for tuition purposes, as long as that

19 person or his or her dependent (i) applies for admission to the

20 University within 18 months of the person on active military

21 duty being reassigned or (ii) remains continuously enrolled at

22 the University. Beginning with the 2013-2014 academic year, if

23 a person is utilizing benefits under the federal Post-9/11

24 Veterans Educational Assistance Act of 2008 or any subsequent

25 variation of that Act, then the Board shall deem that person an

26 Illinois resident for tuition purposes. Beginning with the
    HB5093 Enrolled          - 35 - LRB104 17927 LNS 31364 b

1 2015-2016 academic year, if a person is utilizing benefits

2 under the federal All-Volunteer Force Educational Assistance

3 Program, then the Board shall deem that person an Illinois

4 resident for tuition purposes. Beginning with the 2019-2020

5 academic year, per the federal requirements for maintaining

6 approval for veterans' education benefits under 38 U.S.C.

7 3679(c), if a person is on active military duty or is receiving

8 veterans' education benefits, then the Board of Trustees shall

9 deem that person an Illinois resident for tuition purposes for

10 any academic quarter, semester, or term, as applicable.

11  (c) The Board may adopt a policy to implement and

12 administer this Section and may adopt a policy for the

13 classification of in-state residents, for tuition purposes,

14 based on residency in this State.

15  (d) The General Assembly finds and declares that this

16 Section is a State law within the meaning of subsection (d) of

17 Section 1621 of Title 8 of the United States Code.

18  (e) The changes made to this Section by this amendatory

19 Act of the 104th General Assembly apply beginning with the

20 2027-2028 academic year.

21 (Source: P.A. 103-876, eff. 1-1-25.)

22  Section 40. The Northern Illinois University Law is

23 amended by changing Section 30-88 as follows:

24  (110 ILCS 685/30-88)
    HB5093 Enrolled         - 36 - LRB104 17927 LNS 31364 b

1   Sec. 30-88. In-state tuition charge.

2   (a) Notwithstanding any other provision of law to the

3 contrary, for tuition purposes until July 1, 2026, the Board

4 shall deem an individual an Illinois resident, until the

5 individual establishes a residence outside of this State, if

6 all of the following 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

26 semester that begins on or after May 20, 2003 (the effective
    HB5093 Enrolled      - 37 - LRB104 17927 LNS 31364 b

1 date of Public Act 93-7) but before July 1, 2026. Any revenue

2 lost by the University in implementing this subsection (a)

3 shall be absorbed by the University Income Fund.

4   (a-5) Notwithstanding any other provision of law to the

5 contrary, beginning July 1, 2026, an individual, other than an

6 individual who has a non-immigrant alien status that precludes

7 an intent to permanently reside in the United States under

8 subsection (a) of Section 1101 of Title 8 of the United States

9 Code, shall be charged tuition by the Board at the same rate as

10 an Illinois resident if the individual meets all of the

11 requirements of either paragraph (1) or (2):

12  (1) The individual:

13  (A) attended a public or private high school in

14  this State for at least 2 years before enrolling at the

15  University;

16  (B) graduated from a public or private high school

17  in this State or received the equivalent of a high

18  school diploma in this State;

19  (C) (blank) attended high school while residing in

20  this State and has not established residency outside

21  of this State before enrolling at the University; and

22  (D) agrees to swear and affirm to the University

23  that the individual will file an application to become

24  a permanent resident of the United States at the

25  earliest opportunity if the individual is eligible to

26  do so and is not a citizen or lawful permanent resident
    HB5093 Enrolled      - 38 - LRB104 17927 LNS 31364 b

1   of the United States.

2   (2) The individual:

3   (A) attended any of the following for at least 2

4   years and attended for a cumulative total of at least 3

5   years before enrolling at the University:

6                    (i) a public or private high school in this

7   State;

8                    (ii) a public community college in a community

9   college district organized under the Public

10  Community College Act; or

11                   (iii) a combination of those educational

12  institutions set forth in subdivisions (i) and

13  (ii) of this subparagraph (A);

14  (B) has at the time of enrollment:

15                   (i) graduated from a public or private high

16  school in this State or received the equivalent of

17  a high school diploma in this State; and

18                   (ii) earned an associate degree from or

19  completed at least 60 credit hours of graded,

20  transferable coursework at a public community

21  college in a community college district organized

22  under the Public Community College Act;

23  (C) (blank) attended an educational institution

24  set forth in subdivision (i) or (ii) of subparagraph

25  (A) of this paragraph (2) while residing in this State

26  and has not established residency outside of this
   HB5093 Enrolled  - 39 - LRB104 17927 LNS 31364 b

1  State before enrolling at the University; and

2  (D) agrees to swear and affirm to the University

3  that the individual will file an application to become

4  a permanent resident of the United States at the

5  earliest opportunity if the individual is eligible to

6  do so and is not a citizen or lawful permanent resident

7  of the United States.

8  (b) If a person is on active military duty and stationed in

9 Illinois, then the Board shall deem that person and any of his

10 or her dependents Illinois residents for tuition purposes.

11 Beginning with the 2009-2010 academic year, if a person is on

12 active military duty and is stationed out of State, but he or

13 she was stationed in this State for at least 3 years

14 immediately prior to being reassigned out of State, then the

15 Board shall deem that person and any of his or her dependents

16 Illinois residents for tuition purposes, as long as that

17 person or his or her dependent (i) applies for admission to the

18 University within 18 months of the person on active military

19 duty being reassigned or (ii) remains continuously enrolled at

20 the University. Beginning with the 2013-2014 academic year, if

21 a person is utilizing benefits under the federal Post-9/11

22 Veterans Educational Assistance Act of 2008 or any subsequent

23 variation of that Act, then the Board shall deem that person an

24 Illinois resident for tuition purposes. Beginning with the

25 2015-2016 academic year, if a person is utilizing benefits

26 under the federal All-Volunteer Force Educational Assistance
    HB5093 Enrolled          - 40 - LRB104 17927 LNS 31364 b

1 Program, then the Board shall deem that person an Illinois

2 resident for tuition purposes. Beginning with the 2019-2020

3 academic year, per the federal requirements for maintaining

4 approval for veterans' education benefits under 38 U.S.C.

5 3679(c), if a person is on active military duty or is receiving

6 veterans' education benefits, then the Board of Trustees shall

7 deem that person an Illinois resident for tuition purposes for

8 any academic quarter, semester, or term, as applicable.

9   (c) The Board may adopt a policy to implement and

10 administer this Section and may adopt a policy for the

11 classification of in-state residents, for tuition purposes,

12 based on residency in this State.

13  (d) The General Assembly finds and declares that this

14 Section is a State law within the meaning of subsection (d) of

15 Section 1621 of Title 8 of the United States Code.

16  (e) The changes made to this Section by this amendatory

17 Act of the 104th General Assembly apply beginning with the

18 2027-2028 academic year.

19 (Source: P.A. 103-876, eff. 1-1-25.)

20  Section 45. The Western Illinois University Law is amended

21 by changing Section 35-88 as follows:

22  (110 ILCS 690/35-88)

23  Sec. 35-88. In-state tuition charge.

24  (a) Notwithstanding any other provision of law to the
    HB5093 Enrolled         - 41 - LRB104 17927 LNS 31364 b

1 contrary, for tuition purposes until July 1, 2026, the Board

2 shall deem an individual an Illinois resident, until the

3 individual establishes a residence outside of this State, if

4 all of the following conditions are met:

5   (1) The individual resided with his or her parent or

6   guardian while attending a public or private high school

7   in this State.

8   (2) The individual graduated from a public or private

9   high school or received the equivalent of a high school

10  diploma in this State.

11  (3) The individual attended school in this State for

12  at least 3 years as of the date the individual graduated

13  from high school or received the equivalent of a high

14  school diploma.

15  (4) The individual registers as an entering student in

16  the University not earlier than the 2003 fall semester.

17  (5) In the case of an individual who is not a citizen

18  or a permanent resident of the United States, the

19  individual provides the University with an affidavit

20  stating that the individual will file an application to

21  become a permanent resident of the United States at the

22  earliest opportunity the individual is eligible to do so.

23  This subsection (a) applies only to tuition for a term or

24 semester that begins on or after May 20, 2003 (the effective

25 date of Public Act 93-7) but before July 1, 2026. Any revenue

26 lost by the University in implementing this subsection (a)
    HB5093 Enrolled      - 42 - LRB104 17927 LNS 31364 b

1 shall be absorbed by the University Income Fund.

2   (a-5) Notwithstanding any other provision of law to the

3 contrary, beginning July 1, 2026, an individual, other than an

4 individual who has a non-immigrant alien status that precludes

5 an intent to permanently reside in the United States under

6 subsection (a) of Section 1101 of Title 8 of the United States

7 Code, shall be charged tuition by the Board at the same rate as

8 an Illinois resident if the individual meets all of the

9 requirements of either paragraph (1) or (2):

10  (1) The individual:

11  (A) attended a public or private high school in

12  this State for at least 2 years before enrolling at the

13  University;

14  (B) graduated from a public or private high school

15  in this State or received the equivalent of a high

16  school diploma in this State;

17  (C) (blank) attended high school while residing in

18  this State and has not established residency outside

19  of this State before enrolling at the University; and

20  (D) agrees to swear and affirm to the University

21  that the individual will file an application to become

22  a permanent resident of the United States at the

23  earliest opportunity if the individual is eligible to

24  do so and is not a citizen or lawful permanent resident

25  of the United States.

26  (2) The individual:
    HB5093 Enrolled  - 43 - LRB104 17927 LNS 31364 b

1   (A) attended any of the following for at least 2

2   years and attended for a cumulative total of at least 3

3   years before enrolling at the University:

4                    (i) a public or private high school in this

5   State;

6                    (ii) a public community college in a community

7   college district organized under the Public

8   Community College Act; or

9                    (iii) a combination of those educational

10  institutions set forth in subdivisions (i) and

11  (ii) of this subparagraph (A);

12  (B) has at the time of enrollment:

13                   (i) graduated from a public or private high

14  school in this State or received the equivalent of

15  a high school diploma in this State; and

16                   (ii) earned an associate degree from or

17  completed at least 60 credit hours of graded,

18  transferable coursework at a public community

19  college in a community college district organized

20  under the Public Community College Act;

21  (C) (blank) attended an educational institution

22  set forth in subdivision (i) or (ii) of subparagraph

23  (A) of this paragraph (2) while residing in this State

24  and has not established residency outside of this

25  State before enrolling at the University; and

26  (D) agrees to swear and affirm to the University
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1  that the individual will file an application to become

2  a permanent resident of the United States at the

3  earliest opportunity if the individual is eligible to

4  do so and is not a citizen or lawful permanent resident

5  of the United States.

6  (b) If a person is on active military duty and stationed in

7 Illinois, then the Board shall deem that person and any of his

8 or her dependents Illinois residents for tuition purposes.

9 Beginning with the 2009-2010 academic year, if a person is on

10 active military duty and is stationed out of State, but he or

11 she was stationed in this State for at least 3 years

12 immediately prior to being reassigned out of State, then the

13 Board shall deem that person and any of his or her dependents

14 Illinois residents for tuition purposes, as long as that

15 person or his or her dependent (i) applies for admission to the

16 University within 18 months of the person on active military

17 duty being reassigned or (ii) remains continuously enrolled at

18 the University. Beginning with the 2013-2014 academic year, if

19 a person is utilizing benefits under the federal Post-9/11

20 Veterans Educational Assistance Act of 2008 or any subsequent

21 variation of that Act, then the Board shall deem that person an

22 Illinois resident for tuition purposes. Beginning with the

23 2015-2016 academic year, if a person is utilizing benefits

24 under the federal All-Volunteer Force Educational Assistance

25 Program, then the Board shall deem that person an Illinois

26 resident for tuition purposes. Beginning with the 2019-2020
    HB5093 Enrolled          - 45 - LRB104 17927 LNS 31364 b

1 academic year, per the federal requirements for maintaining

2 approval for veterans' education benefits under 38 U.S.C.

3 3679(c), if a person is on active military duty or is receiving

4 veterans' education benefits, then the Board of Trustees shall

5 deem that person an Illinois resident for tuition purposes for

6 any academic quarter, semester, or term, as applicable.

7   (c) The Board may adopt a policy to implement and

8 administer this Section and may adopt a policy for the

9 classification of in-state residents, for tuition purposes,

10 based on residency in this State.

11  (d) The General Assembly finds and declares that this

12 Section is a State law within the meaning of subsection (d) of

13 Section 1621 of Title 8 of the United States Code.

14  (e) The changes made to this Section by this amendatory

15 Act of the 104th General Assembly apply beginning with the

16 2027-2028 academic year.

17 (Source: P.A. 103-876, eff. 1-1-25.)

18  Section 50. The Public Community College Act is amended by

19 changing Section 6-4a as follows:

20  (110 ILCS 805/6-4a)

21  Sec. 6-4a. In-state tuition charge.

22  (a) Notwithstanding any other provision of law to the

23 contrary, for tuition purposes, a board shall, until July 1,

24 2027, deem an individual an Illinois resident, until the
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1 individual establishes a residence outside of this State, if

2 all of the following conditions are met:

3   (1) The individual resided with his or her parent or

4   guardian while attending a public or private high school

5   in this State.

6   (2) The individual graduated from a public or private

7   high school or received the equivalent of a high school

8   diploma in this State.

9   (3) The individual attended school in this State for

10  at least 3 years as of the date the individual graduated

11  from high school or received the equivalent of a high

12  school diploma.

13  (4) The individual registers as an entering student in

14  the community college not earlier than the 2003 fall

15  semester.

16  (5) In the case of an individual who is not a citizen

17  or a permanent resident of the United States, the

18  individual provides the community college with an

19  affidavit stating that the individual will file an

20  application to become a permanent resident of the United

21  States at the earliest opportunity the individual is

22  eligible to do so.

23  (a-5) Beginning July 1, 2027, notwithstanding any other

24 provision of law to the contrary, for tuition purposes, a

25 board shall deem an individual, other than an individual who

26 has a nonimmigrant alien status that precludes an intent to
    HB5093 Enrolled        - 47 - LRB104 17927 LNS 31364 b

1 permanently reside in the United States under subsection (a)

2 of Section 1101 of Title 8 of the United States Code, an

3 Illinois resident if all of the following conditions are met:

4   (1) The individual attended a public or private high

5   school in this State.

6   (2) The individual graduated from a public or private

7   high school in this State or received the equivalent of a

8   high school diploma in this State.

9   (3) The individual attended school in this State for

10  at least 3 years as of the date the individual graduated

11  from high school or received the equivalent of a high

12  school diploma in this State.

13  (4) The individual registers as an entering student in

14  the community college not earlier than the 2027 fall

15  semester.

16  (5) In the case of an individual who is not a citizen

17  or a permanent resident of the United States, the

18  individual provides the community college with an

19  affidavit stating that the individual will file an

20  application to become a permanent resident of the United

21  States at the earliest opportunity the individual is

22  eligible to do so.

23  (b) This Section applies only to tuition for a term or

24 semester that begins on or after the effective date of this

25 amendatory Act of the 93rd General Assembly.

26  (c) Beginning with the 2013-2014 academic year, if a
    HB5093 Enrolled    - 48 - LRB104 17927 LNS 31364 b

1 person is utilizing benefits under the federal Post-9/11

2 Veterans Educational Assistance Act of 2008 or any subsequent

3 variation of that Act, then the board shall deem that person an

4 Illinois resident for tuition purposes.

5   (d) Beginning with the 2015-2016 academic year, if a

6 person is utilizing benefits under the federal All-Volunteer

7 Force Educational Assistance Program, then the board shall

8 deem that person an Illinois resident for tuition purposes.

9   (e) Beginning with the 2019-2020 academic year, per the

10 federal requirements for maintaining approval for veterans'

11 education benefits under 38 U.S.C. 3679(c), if a person is on

12 active military duty or is receiving veterans' education

13 benefits, then the board shall deem that person an Illinois

14 resident for tuition purposes for any academic quarter,

15 semester, or term, as applicable.

16 (Source: P.A. 101-424, eff. 8-16-19.)

17  Section 55. The Retention of Illinois Students and Equity

18 Act is amended by changing Section 10 as follows:

19  (110 ILCS 986/10)

20  Sec. 10. Definition. In this Act, "Illinois resident"

21 includes any person who is (i) deemed an Illinois resident for

22 tuition purposes under State law or (ii) charged tuition at

23 the same rate as an Illinois resident under State law.

24 (Source: P.A. 101-21, eff. 1-1-20.)
   HB5093 Enrolled  - 49 - LRB104 17927 LNS 31364 b

1  Section 97. Severability. The provisions of this Act are

2 severable under Section 1.31 of the Statute on Statutes.

3  Section 99. Effective date. This Act takes effect upon

4 becoming law.
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