HF 265

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to veterans; establishing the Minnesota GI Bill program for veterans;
assigning responsibilities; determining eligibility; defining the assistance amount;
appropriating money; amending Minnesota Statutes 2006, section 136A.01,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 197.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 136A.01, subdivision 2, is amended to
read:

Subd. 2.

Responsibilities.

The Minnesota Office of Higher Education is responsible
for:

(1) necessary state level administration of financial aid new text begin and Minnesota GI Bill
new text end programs, including accounting, auditing, and disbursing state and federal financial aid
funds, and reporting on financial aid programs to the governor and the legislature;

(2) approval, registration, licensing, and financial aid eligibility of private collegiate
and career schools, under sections 136A.61 to 136A.71 and chapter 141;

(3) administering the Learning Network of Minnesota;

(4) negotiating and administering reciprocity agreements;

(5) publishing and distributing financial aid information and materials, and other
information and materials under section 136A.87, to students and parents;

(6) collecting and maintaining student enrollment and financial aid data and
reporting data on students and postsecondary institutions to develop and implement a
process to measure and report on the effectiveness of postsecondary institutions;

(7) administering the federal programs that affect students and institutions on a
statewide basis; and

(8) prescribing policies, procedures, and rules under chapter 14 necessary to
administer the programs under its supervision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007, and applies to
qualifying coursework taken on or after that date.
new text end

Sec. 2.

new text begin [197.791] MINNESOTA GI BILL PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin It is the policy of the state of Minnesota to provide
postsecondary educational assistance to Minnesota veterans who have provided honorable
service to this state and nation as members of the United States armed forces, whether
in peacetime or in war, and to the spouses and children of Minnesota veterans who have
become severely disabled or deceased during or as the direct result of military service.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
specified.
new text end

new text begin (c) "Cost of attendance" for both undergraduate and graduate students has the
meaning given in section 136A.121, subdivision 6.
new text end

new text begin (d) "Child" means a natural or adopted child of a person described in subdivision 5,
paragraph (a), clause (1), item (i) or (ii).
new text end

new text begin (e) "Director" means the director of the Minnesota Office of Higher Education.
new text end

new text begin (f) "Eligible institution" has the meaning given in section 136A.101, subdivision 4.
new text end

new text begin (g) "Eligible student" means a person who:
new text end

new text begin (1) if the student is an undergraduate student, has applied for the federal Pell Grant
and the Minnesota State Grant;
new text end

new text begin (2) is maintaining satisfactory academic progress as defined by the institution for
students participating in federal Title IV programs;
new text end

new text begin (3) is enrolled in an education program leading to a certificate, diploma, or degree
at an eligible institution;
new text end

new text begin (4) is enrolled at least half time as defined in section 136A.101, subdivision 7b, if an
undergraduate student, or is enrolled for four credits or more if a graduate student; and
new text end

new text begin (5) has applied for educational assistance under the Minnesota GI Bill program prior
to the end of the academic term for which the assistance is being requested.
new text end

new text begin (h) "Program" means the Minnesota GI Bill program established in this section,
unless otherwise specified.
new text end

new text begin (i) "Veteran" has the meaning given in section 197.447, and also includes a service
member who has fulfilled the requirements for being a veteran but is still serving actively
in the United States armed forces.
new text end

new text begin Subd. 3. new text end

new text begin Program established. new text end

new text begin There is established a program to provide
postsecondary educational assistance to eligible Minnesota veterans and to the children
and spouses of deceased and severely disabled Minnesota veterans. This program may be
cited as the "Minnesota GI Bill program."
new text end

new text begin The director, in consultation with the commissioner and in cooperation with
eligible postsecondary educational institutions, shall expend a biennial appropriation
for the purpose of providing postsecondary educational assistance to eligible persons
in accordance with this program. Each public postsecondary educational institution in
the state must participate in the program and each private postsecondary educational
institution in the state is encouraged to participate in the program. Any participating
private institution may suspend or terminate its participation in the program at the end
of any semester or other academic term.
new text end

new text begin Subd. 4. new text end

new text begin Duties; responsibilities. new text end

new text begin (a) The director, in consultation with the
commissioner, shall establish policies and procedures including, but not limited to,
procedures for student application record keeping, information sharing, payment to
participating eligible institutions, and other procedures the director considers appropriate
and necessary for effective and efficient administration of the program established in
this section.
new text end

new text begin (b) The director, in consultation with the commissioner, may delegate part or
all of the administrative procedures for the program to responsible representatives of
participating eligible institutions.
new text end

new text begin Subd. 5. new text end

new text begin Eligibility. new text end

new text begin (a) A person is eligible for educational assistance under this
section if:
new text end

new text begin (1) the person is:
new text end

new text begin (i) a veteran who is serving or has served honorably in any branch or unit of the
United States armed forces at any time on or after August 2, 1990;
new text end

new text begin (ii) a nonveteran who has served honorably for a total of sixteen years or more
cumulatively as a member of the Minnesota national guard or any other active or reserve
component of the United States armed forces, and any part of that service occurred on
or after August 2, 1990;
new text end

new text begin (iii) the surviving spouse or child of a person described in item (i) or (ii) who has
died as a direct result of that military service; or
new text end

new text begin (iv) the spouse or child of a person described in item (i) or (ii) who has a total
and permanent service-connected disability as rated by the United States veterans
administration;
new text end

new text begin (2) the person described in clause (1), item (i) or (ii) had Minnesota as the persona??s
state of residence at the time of the persona??s initial enlistment or any reenlistment in
the United States armed forces;
new text end

new text begin (3) the person receiving the educational assistance is a Minnesota resident, as
defined in section 136A.101, subdivision 8; and
new text end

new text begin (4) the person receiving the educational assistance is an eligible student.
new text end

new text begin (b) A persona??s eligibility terminates when the person becomes eligible for benefits
under section 135A.52.
new text end

new text begin (c) As proof of honorable service and disability or death status for a veteran or service
member, the director, by policy and in consultation with the commissioner, may require
official documentation, including the persona??s federal form DD-214 or other official
military discharge papers, correspondence from the United States veterans administration,
birth certificate, marriage certificate, proof of enrollment at an eligible institution, signed
affidavits, proof of residency, proof of identity, or any other official documentation the
director considers necessary to determine an applicanta??s eligibility status.
new text end

new text begin (d) The director, in consultation with the commissioner, may deny eligibility or
terminate benefits under this section to any person the director considers to have not
provided sufficient proof of eligibility for the program. An applicant may appeal the
directora??s eligibility determination in writing to the director at any time. The director must
rule on any application or appeal within 30 days of receipt of all documentation that the
director requires. Upon receiving an application with insufficient documentation, the
director must notify the applicant within 30 days of receipt of the application that the
application is being suspended pending receipt by the director of sufficient documentation
from the applicant. The decision of the director regarding an appeal is final. However, an
applicant whose appeal of an eligibility determination has been rejected by the director
may submit an additional appeal of that determination in writing to the director at any
time that the applicant is able to provide substantively significant additional information
relating to the persona??s eligibility for the program. An approval of an applicanta??s eligibility
by the director following an appeal by the applicant is not retroactively effective beyond
the later of one year previously or the semester of the persona??s original application.
new text end

new text begin Subd. 6. new text end

new text begin Benefit entitlement amount. new text end

new text begin (a) On approval by the director of an
applicanta??s eligibility for the program, the applicant is entitled to educational assistance
under the program, for use at any time according to program rules at any eligible
postsecondary educational institution in the state. Eligibility for the program terminates
upon exhaustion of a persona??s benefits as specified in paragraph (c).
new text end

new text begin (b) The amount of educational assistance in any semester or term for an eligible
person must be determined by subtracting from the eligible persona??s cost of attendance
at that eligible public institution, or in the case of an eligible private institution the cost
of attendance for a comparable program at the Twin Cities campus of the University of
Minnesota, the amount received in that semester or term by that person from:
new text end

new text begin (1) the federal Pell Grant;
new text end

new text begin (2) the state grant program; and
new text end

new text begin (3) any federal military or veterans educational benefits, including, but not limited
to, the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
vocational rehabilitation benefits, and any other federal benefits associated with the
persona??s status as a veteran, except veterans disability payments from the United States
veterans administration.
new text end

new text begin (c) The amount of education assistance for any eligible person must not exceed any
of the following amounts:
new text end

new text begin (1) $1,000 per semester or term of enrollment;
new text end

new text begin (2) $3,000 per state fiscal year; and
new text end

new text begin (3) $10,000 total.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007, and applies to
qualifying coursework taken on or after that date.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the director of the Office of Higher
Education for use in fiscal years 2008 and 2009 for the program described in section 2.
This appropriation does not expire and is available until expended. No more than $25,000
of this appropriation may be expended in any year for administration of the program by
the Minnesota Office of Higher Education and the eligible institutions combined.
new text end