SF 408

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

A bill for an act
relating to veterans; providing tuition assistance for military veterans and their
surviving spouses and children at public colleges and universities; providing for
tuition and fee reimbursement for military veterans and their surviving spouses
and children at public colleges and universities; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 197.

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

Section 1.

new text begin [197.66] VETERANS' TUITION AND FEE REIMBURSEMENT.
new text end

new text begin Subdivision 1. 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.
new text end

new text begin (c) "Veteran" means a person who served in the armed forces of the United States,
a reserve component of the armed forces, or the Minnesota National Guard, excluding
members of the Reserve Officers' Training Corps whose only service has been attendance
at a service academy, and who meets all of the following qualifications:
new text end

new text begin (1) at the time of entering federal active military service the person was one of
the following:
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new text begin (i) a Minnesota resident;
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new text begin (ii) a Minnesota resident within six months of entering federal active military
service; or
new text end

new text begin (iii) enrolled at a public institution of higher education;
new text end

new text begin (2) the person:
new text end

new text begin (i) served at least two years of federal active duty;
new text end

new text begin (ii) served less than two years of federal active duty and received an honorable
discharge for medical reasons directly connected with that service; or
new text end

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

new text begin (3) the person received an honorable discharge after leaving each period of federal
active duty service; and
new text end

new text begin (4) the person returned to this state within six months after leaving federal active
duty service, or, if married to a person in continued military service stationed outside
this state, returned to this state within six months after the spouse left service or was
stationed within this state.
new text end

new text begin "Veteran" includes a person who otherwise qualifies as either a resident or a student
under clause (1), but has not left federal active duty service and has served at least two
years of federal active duty or has served more than 90 days of federal active duty
in a foreign country during a time of hostilities in that foreign country and provides
documentation demonstrating an honorable service record.
new text end

new text begin (d) "Public institution of higher education" includes all campuses of the University
of Minnesota and all campuses of the Minnesota State Colleges and Universities.
new text end

new text begin (e) "Tuition" includes 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 (f) "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 Subd. 2. new text end

new text begin Tuition reimbursement program administration. new text end

new text begin The commissioner
of veteran affairs shall administer a tuition reimbursement program for veterans and the
spouses and children of eligible veterans as defined in subdivision 4, paragraph (a), who
enroll in and attend any public institution of higher education.
new text end

new text begin Subd. 3. new text end

new text begin Tuition reimbursement for veterans. new text end

new text begin A veteran who is a student at a
public institution of higher education must be reimbursed upon satisfactory completion of
a graduate or undergraduate semester in any public institution of higher education in this
state for all tuition charged for up to 128 credits or eight semesters, whichever is longer.
The amount of reimbursement may not exceed the total cost of the veteran's tuition, less
the amount of any tuition or academic fees paid to, or on behalf of, the veteran, other
education related grants or payments for which the veteran is eligible or which the veteran
has received under applicable federal and state programs for veterans, and any other
grants or scholarships that the veteran receives specifically for the payment of tuition. The
commissioner must assist the veteran in applying for all educational benefits that may be
available to the veteran under applicable federal and state law.
new text end

new text begin Subd. 4. new text end

new text begin Tuition reimbursement for spouses and children of certain veterans.
new text end

new text begin (a) For purposes of this subdivision, "eligible veteran" means a person verified by the
commissioner to be either:
new text end

new text begin (1) a person who has served on active duty under honorable conditions in the United
States armed forces, in forces incorporated as part of the United States armed forces, in
the National Guard, or in a reserve component of the United States armed forces who was
a resident of this state at the time of entry into that service and who, while a resident of
this state, died on active duty, died as the result of a service-connected disability, or died in
the line of duty while on active or inactive duty for training purposes; or
new text end

new text begin (2) a person who was a resident of this state at the time of entry into service and
who the United States Department of Veteran Affairs has awarded at least a 30 percent
service-connected disability rating under United States Code, title 38, section 1114 or 1134.
new text end

new text begin (b) A resident student who is: (1) a spouse of an eligible veteran, (2) an unremarried
spouse of an eligible veteran, or (3) a child of an eligible veteran if the child is at least 18
but not yet 26 years of age and is a full-time student at a campus of a public institution
of higher education in this state, must be reimbursed upon satisfactory completion of a
graduate or undergraduate semester for all tuition charged for up to 128 credits or eight
semesters, whichever is longer, less the amount of any tuition fees paid to or on behalf
of the student, other education-related grants or payments for which the student is
eligible or which the student has received under applicable federal and state programs for
veterans and their families, and any other grants or scholarships that the student receives
specifically for the payment of tuition.
new text end

new text begin (c) The reimbursement under this subdivision for spouses applies only during the
first ten years after the veteran received the service-connected disability rating or died,
whichever is applicable.
new text end

new text begin Subd. 5. new text end

new text begin Attendance at other institutions. new text end

new text begin Reimbursement of tuition and fees for
a course may be provided at any institution of higher education other than the one from
which the veteran, spouse, or child is receiving a degree or certificate of graduation or
course completion if:
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new text begin (1) the curriculum at the institution consists only of courses necessary to complete a
degree in a particular course of study; and
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new text begin (2) the course is accepted as transfer credits at the public institution from which the
veteran, spouse, or child is receiving a degree but is not available at that institution.
new text end

new text begin Subd. 6. new text end

new text begin Child support and maintenance agreements. new text end

new text begin The commissioner may
provide reimbursement under this subdivision to a veteran who is delinquent in child
support or maintenance payments or who owes past support, medical expenses, or birth
expenses only if the veteran provides one of the following:
new text end

new text begin (1) a repayment agreement into which the veteran has entered that has been accepted
by the applicable county child support agency, and has been kept current for the six-month
period immediately preceding the date of the application; or
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new text begin (2) a statement that the veteran is not delinquent in child support or maintenance
payments and does not owe past support, medical expenses, or birth expenses signed by
the applicable county human services department representative within seven working
days before the date of the application.
new text end

new text begin Subd. 7. new text end

new text begin Academic standing. new text end

new text begin A veteran, spouse, or child may not receive
reimbursement under this section for any semester in which that person fails to receive at
least a 2.0 grade point average or an average grade of a "C."
new text end

new text begin Subd. 8. new text end

new text begin Reporting requirements. new text end

new text begin The commissioner shall determine the number
of days after the commencement of an academic term that begins after December 31,
2006, by which a veteran, spouse, or child who will be seeking reimbursement under this
section must provide the commissioner of veterans affairs with the following information:
new text end

new text begin (1) the veteran's, spouse's, or child's name;
new text end

new text begin (2) the educational institution to be attended;
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new text begin (3) whether the veteran, spouse, or child is enrolled full-time or part-time at the
educational institution; and
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new text begin (4) an estimate of the amount of tuition reimbursement that will be claimed at the
end of the academic term.
new text end

new text begin Subd. 9. new text end

new text begin Application for reimbursement. new text end

new text begin An application for reimbursement of
tuition under this section must:
new text end

new text begin (1) be completed and received by the commissioner no later than 60 days after the
completion of the semester or course, provided that the commissioner may accept an
application received more than 60 days after the completion of the semester or course if
the applicant shows good cause for the delayed receipt;
new text end

new text begin (2) contain the information necessary to establish eligibility as determined by the
commissioner;
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new text begin (3) be on the application form provided by the commissioner; and
new text end

new text begin (4) contain the signatures of both the applicant and a representative of the institution
or school certifying that the applicant has satisfactorily completed the semester or credits
for which reimbursement is requested.
new text end

new text begin The commissioner has final authority to determine a person's eligibility for benefits.
new text end

new text begin Subd. 10. new text end

new text begin Standing appropriation. new text end

new text begin The commissioner must annually certify the
reimbursement costs of the program in this section and that amount is appropriated from
the general fund to the commissioner for reimbursement of the costs of the program.
new text end