HF 455

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the military; extending the time period
for adjutant general of the Minnesota National Guard
to make tuition reimbursement grants to members who
have served in active military service; amending
Minnesota Statutes 2004, section 192.501, subdivision
2.

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

Section 1.

Minnesota Statutes 2004, section 192.501,
subdivision 2, is amended to read:

Subd. 2.

Tuition and textbook reimbursement grant
program.

(a) The adjutant general shall establish a program to
provide tuition and textbook reimbursement grants to eligible
members of the Minnesota National Guard within the limitations
of this subdivision.

(b) Eligibility is limited to a member of the National
Guard who:

(1) is serving satisfactorily as defined by the adjutant
general;

(2) is attending a postsecondary educational institution,
as defined by section 136A.15, subdivision 6, including a
vocational or technical school operated or regulated by this
state or another state or province; and

(3) provides proof of satisfactory completion of
coursework, as defined by the adjutant general.

deleted text begin In addition, deleted text end new text begin (c) Notwithstanding paragraph (b), clause (1),
for a person who:
new text end

new text begin (1) has satisfactorily completed the person's service
contract in the Minnesota National Guard or the portion of it
involving selective reserve status, for which any part of that
service was spent serving honorably in federal active service or
federally funded state active service since September 11, 2001,
the person's eligibility is extended for a period of two years,
plus an amount of time equal to the duration of that person's
active service, subject to the credit hours limit in paragraph
(h); or
new text end

new text begin (2) has served honorably in the Minnesota National Guard
and has been separated or discharged from that organization due
to a service connected injury, disease, or disability, the
eligibility period is extended for eight years beyond the date
of separation, subject to the credit hours limit in paragraph
(h).
new text end

new text begin (d) Notwithstanding paragraph (b), clause (1), a member or
former member of the Minnesota National Guard who is eligible
for tuition and textbook reimbursement grant benefits under this
section and has eligibility remaining under the credit hours
limit in paragraph (h), and who has a service-connected
disability rating of 30 percent or more as certified by the
United States Department of Veterans Affairs, may transfer the
person's remaining eligibility to the person's spouse for use in
place of the member or former member, subject to the credit
hours limit in paragraph (h) for the member and spouse combined,
and subject to any time limits applicable to the member or
former member. Notwithstanding any such transfer of grant
benefits by the member or former member to the person's spouse,
the person may revoke that transfer at any time; however, any
such revocation does not restore the credit hours of eligibility
already used by the spouse.
new text end

new text begin (e) new text end If a member of the Minnesota National Guard is killed
in the line of state active service or federally funded state
active service, deleted text begin as defined in section 190.05, subdivisions 5a
and 5b, deleted text end the member's surviving spouse, and any surviving
dependent who has not yet reached 24 years of age, is eligible
for a tuition and textbook reimbursement grant new text begin , with each
eligible person independently subject to the credit hours limit
in paragraph (h) new text end .

new text begin (f) new text end The adjutant general may, within the limitations of
deleted text begin this paragraph deleted text end new text begin paragraphs (b) to (e) new text end and other applicable laws,
determine additional eligibility criteria for the grant, and
must specify the criteria in department regulations and publish
changes as necessary.

deleted text begin (c) deleted text end new text begin (g) new text end The amount of a tuition and textbook reimbursement
grant must be specified on a schedule as determined and
published in department regulations by the adjutant general, but
is limited to a maximum of an amount equal to the greater of:

(1) up to 100 percent of the cost of tuition for lower
division programs in the College of Liberal Arts at the Twin
Cities campus of the University of Minnesota in the most recent
academic year; or

(2) up to 100 percent of the cost of tuition for the
program in which the person is enrolled at that Minnesota public
institution, or if that public institution is outside the state
of Minnesota, for the cost of a comparable program at the
University of Minnesota, except that in the case of a survivor
as defined in paragraph (b), the amount of the tuition and
textbook reimbursement grant for coursework satisfactorily
completed by the person is limited to 100 percent of the cost of
tuition for postsecondary courses at a Minnesota public
educational institution.

deleted text begin Paragraph deleted text end new text begin (h) Paragraphs new text end (b) new text begin to (f) new text end notwithstanding, a
person is no longer eligible for a grant under this subdivision
once the person has received grants under this subdivision for
the equivalent of 208 quarter credits or 144 semester credits of
coursework.

deleted text begin (d) deleted text end new text begin (i) new text end Tuition and textbook reimbursement grants received
under this subdivision may not be considered by the Minnesota
Higher Education Services Office or by any other state board,
commission, or entity in determining a person's eligibility for
a scholarship or grant-in-aid under sections 136A.095 to
136A.1311.

deleted text begin (e) deleted text end new text begin (j) new text end If a member fails to complete a term of enlistment
during which a tuition and textbook reimbursement grant was
paid, the adjutant general may seek to recoup a prorated amount
as determined by the adjutant general. new text begin However, this authority
does not apply to a person whose separation from the Minnesota
National Guard is due to a medical condition or financial
hardship.
new text end

new text begin (k) For purposes of this section, the terms "active
service," "state active service," "federally funded state active
service," and "federal active service" have the meanings given
in section 190.05, subdivisions 5 to 5c, respectively, except
that for purposes of paragraph (c), clause (1), these terms
exclude service performed exclusively for purposes of:
new text end

new text begin (1) basic combat training, advanced individual training,
annual training, and periodic inactive duty training;
new text end

new text begin (2) special training periodically made available to reserve
members;
new text end

new text begin (3) service performed in accordance with section 190.08,
subdivision 3; and
new text end

new text begin (4) service performed as part of the active guard/reserve
program pursuant to United States Code, title 32, section
502(f), or other applicable authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to persons who have served
in the Minnesota National Guard at any time since September 11,
2001, and if the person has died in the line of service, to the
person's surviving spouse and dependents as well.
new text end