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HF 2541

as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2017 10:03am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; expanding the Minnesota GI Bill program; amending
Minnesota Statutes 2016, section 197.791, subdivisions 2, 3, 4, 5, 5a.

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

Section 1.

Minnesota Statutes 2016, section 197.791, subdivision 2, is amended to read:


Subd. 2.

Program established.

The Minnesota GI Bill program is established to provide
postsecondary educational assistancenew text begin , apprenticeship and on-the-job training benefits, and
other professional and educational benefits
new text end to eligible Minnesota veterans and to the children
and spouses of deceased and severely disabled Minnesota veterans.

The commissioner, in cooperation with eligible postsecondary educational institutions,
shall administer the program for the purpose of providing postsecondary educational
assistance to eligible persons in accordance with this section. 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.

Sec. 2.

Minnesota Statutes 2016, section 197.791, subdivision 3, is amended to read:


Subd. 3.

Duties; responsibilities.

(a) The commissioner shall establish policies and
procedures including, but not limited to, procedures for student application record keeping,
information sharing, payment of educational assistance benefitsnew text begin under subdivision 5, payment
of apprenticeship or on-the-job training benefits under subdivision 5a, payment of other
educational or professional benefits under subdivision 5b
new text end , and other procedures the
commissioner considers appropriate and necessary for effective and efficient administration
of the program established in this section.

(b) The commissioner may delegate part or all of the administrative procedures for the
program to responsible representatives of participating eligible institutions. The commissioner
may execute an interagency agreement with the Minnesota Office of Higher Education for
services the commissioner determines necessary to administer the program.

Sec. 3.

Minnesota Statutes 2016, section 197.791, subdivision 4, is amended to read:


Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under deleted text begin this sectiondeleted text end new text begin
subdivisions 5 and 5a
new text end if:

(1) the person is:

(i) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time;

(ii) a nonveteran who has served honorably for a total of five 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 September
11, 2001;

(iii) the surviving spouse or child of a person who has served in the military and who
has died as a direct result of that military service, only if the surviving spouse or child is
eligible to receive federal education benefits under United States Code, title 38, chapter 33,
as amended, or United States Code, title 38, chapter 35, as amended; or

(iv) the spouse or child of a person who has served in the military at any time and who
has a total and permanent service-connected disability as rated by the United States Veterans
Administration, only if the spouse or child is eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35, as amended; and

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

(3) the person receiving the educational assistance:

(i) is an undergraduate or graduate student at an eligible institution;

(ii) is maintaining satisfactory academic progress as defined by the institution for students
participating in federal Title IV programs;

(iii) is enrolled in an education program leading to a certificate, diploma, or degree at
an eligible institution;

(iv) has applied for educational assistance under this section prior to the end of the
academic term for which the assistance is being requested;

(v) is in compliance with child support payment requirements under section 136A.121,
subdivision 2
, clause (5); and

(vi) has completed the Free Application for Federal Student Aid (FAFSA).

(b) A person's eligibility terminates when the person becomes eligible for benefits under
section 135A.52.

(c) To determine eligibility, the commissioner may require official documentation,
including the person'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 commissioner considers necessary
to determine eligibility.

(d) The commissioner may deny eligibility or terminate benefits under this section to
any person who has not provided sufficient documentation to determine eligibility for the
program. An applicant may appeal the commissioner's eligibility determination or termination
of benefits in writing to the commissioner at any time. The commissioner must rule on any
application or appeal within 30 days of receipt of all documentation that the commissioner
requires. The decision of the commissioner regarding an appeal is final. However, an
applicant whose appeal of an eligibility determination has been rejected by the commissioner
may submit an additional appeal of that determination in writing to the commissioner at
any time that the applicant is able to provide substantively significant additional information
regarding the applicant's eligibility for the program. An approval of an applicant's eligibility
by the commissioner following an appeal by the applicant is not retroactively effective for
more than one year or the semester of the person's original application, whichever is later.

(e) Upon receiving an application with insufficient documentation to determine eligibility,
the commissioner must notify the applicant within 30 days of receipt of the application that
the application is being suspended pending receipt by the commissioner of sufficient
documentation from the applicant to determine eligibility.

Sec. 4.

Minnesota Statutes 2016, section 197.791, subdivision 5, is amended to read:


Subd. 5.

deleted text begin Benefitdeleted text end new text begin Educational assistancenew text end amount.

(a) On approval by the commissioner
of eligibility for the program, the applicant shall be awarded, on a funds-available basis,
the educational assistance under the program for use at any time according to program rules
at any eligible institution.

(b) The amount of educational assistance in any semester or term for an eligible person
must be determined by subtracting from the eligible person's cost of attendance the amount
the person received or was eligible to receive in that semester or term from:

(1) the federal Pell Grant;

(2) the state grant program under section 136A.121; and

(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 person's status as
a veteran, except veterans disability payments from the United States Veterans Administration
and payments made under the Veterans Retraining Assistance Program (VRAP).

(c) The amount of educational assistance for any eligible person who is a full-time
student must not exceed the following:

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

deleted text begin (2)deleted text end new text begin (1)new text end $3,000 per state fiscal year; and

deleted text begin (3)deleted text end new text begin (2)new text end $10,000 in a lifetime.

new text begin (d) A person eligible under this subdivision may use the benefit amounts for the following
purposes:
new text end

new text begin (1) licensing or certification tests, the successful completion of which demonstrates an
individual's possession of the knowledge or skill required to enter into, maintain, or advance
in employment in a predetermined and identified vocation or profession, provided that the
tests and the licensing or credentialing organizations or entities that offer the tests are
approved by the commissioner;
new text end

new text begin (2) tests for admission to institutions of higher learning or graduate schools;
new text end

new text begin (3) national tests providing an opportunity for course credit at institutions of higher
learning;
new text end

new text begin (4) a preparatory course for a test that is required or used for admission to an institution
of higher education or a graduate program; and
new text end

new text begin (5) any fee associated with the pursuit of a professional or educational objective specified
in clauses (1) to (4).
new text end

new text begin (e) If an eligible person receives benefits under subdivision 5, the eligible person's
aggregate benefits under this subdivision and subdivision 5 must not exceed $10,000 in the
eligible person's lifetime.
new text end

new text begin (f) If an eligible person receives benefits under subdivision 5a, the eligible person's
aggregate benefits under this subdivision and subdivision 5a must not exceed $10,000 in
the eligible person's lifetime.
new text end

For a part-time student, the amount of educational assistance must not exceed $500 per
semester or term of enrollment. For the purpose of this paragraph, a part-time undergraduate
student is a student taking fewer than 12 credits or the equivalent for a semester or term of
enrollment and a part-time graduate student is a student considered part time by the eligible
institution the graduate student is attending. The minimum award for undergraduate and
graduate students is $50 per term.

Sec. 5.

Minnesota Statutes 2016, section 197.791, subdivision 5a, is amended to read:


Subd. 5a.

Apprenticeship and on-the-job training.

(a) The commissioner, in
consultation with the commissioners of employment and economic development and labor
and industry, shall develop and implement an apprenticeship and on-the-job training program
to administer a portion of the Minnesota GI Bill program to pay benefit amounts to eligible
deleted text begin applicantsdeleted text end new text begin personsnew text end , as provided in this subdivision.

(b) An "eligible employer" means an employer operating a qualifying apprenticeship or
on-the-job training program that has been approved by the commissioner.

(c) A person is eligible for apprenticeship and on-the-job training assistance under this
subdivision if the person meets the criteria established under subdivision 4, deleted text begin paragraphsdeleted text end new text begin
paragraph
new text end (a)deleted text begin , clause (1), and (c) to (e)deleted text end . new text begin The commissioner may determine eligibility as
provided in subdivision 4, paragraph (c), and may deny or terminate benefits as prescribed
under subdivision 4, paragraphs (d) and (e).
new text end The amount of assistance paid to or on behalf
of an eligible individual under this subdivision must not exceed the following:

(1) deleted text begin $2,000deleted text end new text begin $3,000new text end per fiscal year for apprenticeship expenses;

(2) deleted text begin $2,000deleted text end new text begin $3,000new text end per fiscal year for on-the-job training;

(3) $1,000 for a job placement credit payable to an eligible employer upon hiring new text begin and
completion of six consecutive months' employment of
new text end a person receiving assistance under
this subdivision; and

(4) $1,000 for a job placement credit payable to an eligible employer after a person
receiving assistance under this subdivision has been employed by the eligible employer for
at least 12 consecutive months as a full-time employee.

No more than deleted text begin $3,000deleted text end new text begin $5,000new text end in aggregate benefits under this paragraph may be paid to or
on behalf of an individual in one fiscal year, and not more than deleted text begin $9,000deleted text end new text begin $10,000new text end in aggregate
benefits under this paragraph may be paid to or on behalf of an individual over any period
of time.

(d) Assistance for apprenticeship expenses and on-the-job training is available for
qualifying programs, which must, at a minimum, meet the following criteria:

(1) the training must be with an eligible employer;

(2) the training must be documented and reported;

(3) the training must reasonably be expected to lead to an entry-level position; and

(4) the position must require at least six months of training to become fully trained.