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Minnesota Legislature

Office of the Revisor of Statutes

HF 1594

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

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to the military; expanding the reenlistment bonus program; providing for
certain academic awards; amending Minnesota Statutes 2006, section 192.501,
subdivisions 1b, 2.

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

Section 1.

Minnesota Statutes 2006, section 192.501, subdivision 1b, is amended to
read:


Subd. 1b.

Reenlistment new text beginor commissioning new text endbonus program.

(a) The adjutant
general may establish a program to provide a reenlistment new text beginor commissioning new text endbonus to
eligible members of the Minnesota National Guard who extend their deleted text beginenlistmentdeleted text end new text beginterm of
service
new text endin the National Guard within the limitations of this subdivision.

(b) Eligibility for the bonus is limited to deleted text beginan enlisteddeleted text end new text begina new text endmember of the National
Guarddeleted text begin, as defined in section 190.05, subdivision 6,deleted text end who:

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

(2) has 12 or fewer years of service creditable for retirement; and

(3) has military training and expertise deemed by the adjutant general as sufficiently
important to the readiness of the National Guard or a unit of the National Guard to warrant
the payment of a bonus in an amount to generally encourage the member's reenlistment
in the National Guardnew text begin, or the member's acceptance of a commission as an officer in the
National Guard
new text end.

The adjutant general may, within the limitations of this paragraph and other
applicable laws, determine additional eligibility criteria for the bonus, and must specify all
of the criteria in regulations and publish changes as necessary.

(c) The deleted text beginreenlistmentdeleted text end bonus payments must be made on a schedule that is determined
and published in department regulations by the adjutant general.

(d) If a member fails to complete a term of reenlistment new text beginor an obligated term of
commissioned service
new text endfor which a bonus was paid, the adjutant general may seek to
recoup a prorated amount of the bonus as determined by the adjutant general.

Sec. 2.

Minnesota Statutes 2006, 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.

(c) Notwithstanding paragraph (b), clause (1), for a person who:

(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 (g); or

(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 (g).

(d) If a member of the Minnesota National Guard is killed in the line of state active
service or federally funded state active service, 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, with each eligible person independently subject to the
credit hours limit in paragraph (g).

(e) The adjutant general may, within the limitations of paragraphs (b) to (d) and
other applicable laws, determine additional eligibility criteria for the grant, and must
specify the criteria in department regulations and publish changes as necessary.

(f) 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,
butnew text begin, except as specifically provided for in paragraph (h),new text end 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 (d), 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.

(g) Paragraphs (b) to (e) 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.

(h) new text beginAwards made under this paragraph must not be counted against the limitation
contained in this subdivision. In addition to other benefits authorized under this
subdivision, the adjutant general may award to highly qualified persons who agree to
join the Minnesota National Guard an amount not to exceed $1,000 for the purpose
of reimbursement for postsecondary education expenses not covered by other awards
received under this subdivision. These awards must be made on a competitive basis.
The adjutant general shall determine the standards and procedure for awards under this
paragraph. The maximum number of awards that may be issued under this paragraph in
any calendar year is 25. No person may receive more than one award under this paragraph.
new text end

new text begin (i) new text endTuition and textbook reimbursement grants received under this subdivision may
not be considered by the Minnesota Office of Higher Education 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 (i)deleted text endnew 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. 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.

deleted text begin (j)deleted text endnew text begin (k)new text end 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:

(1) basic combat training, advanced individual training, annual training, and periodic
inactive duty training;

(2) special training periodically made available to reserve members;

(3) service performed in accordance with section 190.08, subdivision 3; and

(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.