SF 645

as introduced - 90th Legislature (2017 - 2018) Posted on 02/07/2017 08:44am

A bill for an act
relating to higher education; providing educational assistance to translators who
assisted United States troops; amending Minnesota Statutes 2016, section 197.791,
subdivisions 4, 5a.

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

Section 1.

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

Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under this section
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) new text begin A person is eligible for educational assistance under this section if:
new text end

new text begin (1) the person:
new text end

new text begin (i) is a national of Iraq or Afghanistan who has a visa that permits the person to reside
in the United States and attend an eligible institution; or is a lawful permanent resident as
defined in United States Code, title 8, section 1101, or a naturalized United States citizen
who immigrated from Iraq or Afghanistan;
new text end

new text begin (ii) worked directly with United States armed forces as a translator for a period of at
least 12 months;
new text end

new text begin (iii) obtained a favorable written recommendation from a general or flag officer in the
chain of command of the United States armed forces unit that was supported by the person;
new text end

new text begin (iv) has cleared a background check and screening, as determined by a general or flag
officer in the chain of command of the United States armed forces unit that was supported
by the person; and
new text end

new text begin (v) resides in Minnesota; and
new text end

new text begin (2) the person receiving the educational assistance:
new text end

new text begin (i) is an undergraduate or graduate student at an eligible institution;
new text end

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

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

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

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

new text begin (vi) has completed the Free Application for Federal Student Aid (FAFSA).
new text end

new text begin (c) A person meets the eligibility requirements under paragraph (b), clause (1), if the
person has special immigrant status for serving as a translator with the United States armed
forces under Public Law 109-163, section 1059, and resides in Minnesota.
new text end

new text begin (d) new text end A person's eligibility terminates when the person becomes eligible for benefits under
section 135A.52.

deleted text begin (c) deleted text end new text begin (e) new text end 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.

deleted text begin (d) deleted text end new text begin (f) new text end 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.

deleted text begin (e) deleted text end new text begin (g) new text end 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. 2.

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
applicants, 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, paragraphs (a),
clause (1), and deleted text begin (c) to deleted text end (e) new text begin to (g), or under subdivision 4, paragraphs (b), clause (1), and (e)
to (g) 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) $2,000 per fiscal year for apprenticeship expenses;

(2) $2,000 per fiscal year for on-the-job training;

(3) $1,000 for a job placement credit payable to an eligible employer upon hiring 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 $3,000 in aggregate benefits under this paragraph may be paid to or on behalf
of an individual in one fiscal year, and not more than $9,000 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.

Sec. 3. new text begin RULEMAKING.
new text end

new text begin The commissioner of veterans affairs shall adopt rules to carry out the provisions of
sections 1 and 2.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2018. Section 3 is effective the day following final
enactment.
new text end