HF 533

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to veterans; providing tuition assistance for veterans and their surviving
spouses and children at public colleges and universities; appropriating money;
amending Minnesota Statutes 2006, sections 136A.01, subdivision 2; 197.775,
subdivision 4; 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.

Minnesota Statutes 2006, section 197.775, subdivision 4, is amended to read:

Subd. 4.

Delayed payment of tuition.

A state college or university may not assess
late fees or other late charges for veterans who are eligible to receive federal new text begin or state
new text end educational assistance and who have applied for that assistance but not yet received it,
nor may they prevent these students from registering for a subsequent term because of
outstanding tuition charges that arise from delayed federal new text begin or state new text end payments. The state
college or university may request without delay the amount of tuition above expected
federal new text begin and state new text end educational assistance and may require payment of the full amount of
tuition owed by the veteran within 30 days of receipt of the expected federal new text begin or state
new text end educational assistance.

Sec. 3.

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 means
all charges for enrollment and attendance, academic fees, program fees, and all other
payments or charges required for individual courses.
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" means a postsecondary institution located in this state.
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) 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; and
new text end

new text begin (5) is in compliance with section 136A.121, subdivision 2, clause (5).
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) "Time of hostilities" means any action by the armed forces of the United
States that is recognized by the issuance of a presidential proclamation or a presidential
executive order and in which the armed forces expeditionary medal or other campaign
service medals are awarded according to presidential executive order, and any additional
period or place that the commissioner determines and designates, after consultation with
the United States Department of Defense, to be a period or place where the United States
is in a conflict that places persons at such a risk that service in a foreign country during
that period or in that place should be considered to be included.
new text end

new text begin (j) "Veteran" has the meaning given in section 197.447, and also includes a service
member who has received an honorable discharge after leaving each period of federal
active duty service and has:
new text end

new text begin (1) served 90 days or more of federal active duty in a foreign country during a time
of hostilities in that country; or
new text end

new text begin (2) received a service-related medical discharge from any period of service in a
foreign country during a time of hostilities in that country.
new text end

new text begin A service member who has fulfilled the requirements for being a veteran under this
paragraph but is still serving actively in the United States armed forces is also a veteran
for the purposes of this section.
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 16 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 who has served in the military at
any time on or after August 2, 1990, and 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 who has served in the military at any time on or
after August 2, 1990, and 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 providing the military service described in clause (1), items (i) to (iv),
was a Minnesota resident within six months of the time of the person'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 person'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 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
director considers necessary to determine an applicants 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 who has not provided sufficient proof of
eligibility for the program. An applicant may appeal the director'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 regarding the applicant's eligibility for the
program. An approval of an applicant's eligibility by the director 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.
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
applicant'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
institution.
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 person'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
person's status as a veteran, except veterans disability payments from the United States
Veterans Administration.
new text end

new text begin (c) The total amount of assistance for an eligible person under paragraph (b) must
not exceed the total cost of attendance at an eligible institution up to 128 credits or eight
semesters, whichever is greater.
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. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from the
general fund to the director of the Office of Higher Education for the Minnesota GI Bill
program. This appropriation does not expire and is available until expended. No more
than $25,000 of this appropriation may be spent in each fiscal year for the total cost of
administration of the program by the Minnesota Office of Higher Education and the
eligible institutions.
new text end