HF 3696

as introduced - 89th Legislature (2015 - 2016) Posted on 04/04/2016 04:22pm

A bill for an act
relating to military veterans; authorizing additional uses of GI Bill benefits;
making changes to the GI Bill; amending Minnesota Statutes 2014, section
197.791, subdivisions 1, 2, 3, 4, 5, 5a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 197.791, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
specified.

(c) "Cost of attendance" for undergraduate students has the meaning given in section
136A.121, subdivision 6, multiplied by a factor of 1.2. Cost of attendance for graduate
students has the meaning given in section 136A.121, subdivision 6, multiplied by a factor
of 1.2, using the tuition and fee maximum established by law for four-year programs. For
purposes of calculating the cost of attendance for graduate students, full time is eight
credits or more per term or the equivalent.

(d) "Child" means a natural or adopted child of a person described in subdivision 4,
paragraph (a), clause (1), item (i) or (ii).

(e) "Eligible institution" means a postsecondary institution under section 136A.101,
subdivision 4, or a graduate school licensed or registered with the state of Minnesota
serving only graduate students.

(f) "Program" means the Minnesota GI Bill program established in this section,
unless otherwise specified.

deleted text begin (g) deleted text end deleted text begin "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 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.
deleted text end

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

deleted 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
deleted text end

deleted text begin (2) been awarded any of the following medals:
deleted text end

deleted text begin (i) Armed Forces Expeditionary Medal;
deleted text end

deleted text begin (ii) Kosovo Campaign Medal;
deleted text end

deleted text begin (iii) Afghanistan Campaign Medal;
deleted text end

deleted text begin (iv) Iraq Campaign Medal;
deleted text end

deleted text begin (v) Global War on Terrorism Expeditionary Medal; or
deleted text end

deleted text begin (vi) any other campaign medal authorized for service after September 11, 2001; or
deleted text end

deleted text begin (3) received a service-related medical discharge from any period of service in a
foreign country during a time of hostilities in that country.
deleted text end

A service member who has fulfilled the requirements for being a veteran deleted text begin under this
paragraph deleted text end but is still serving actively in the United States armed forces is also a veteran
for the purposes of this section.

Sec. 2.

Minnesota Statutes 2014, section 197.791, subdivision 2, is amended to read:

Subd. 2.

Program established.

The Minnesota GI Bill program is established to
provide postsecondary educational assistance new text begin , apprenticeship and on-the-job training
benefits, and other professional and educational benefits new text end to eligible Minnesota veterans
and to the children and spouses of deceased and severely disabled Minnesota veterans.

The commissioner, in cooperation with eligible postsecondary educational
institutions, shall administer the program for the purpose of providing postsecondary
educational assistance to eligible persons in accordance with this section. 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.

Sec. 3.

Minnesota Statutes 2014, section 197.791, subdivision 3, is amended to read:

Subd. 3.

Duties; responsibilities.

(a) The commissioner shall establish policies
and procedures including, but not limited to, procedures for student application
record keeping, information sharing, payment of educational assistance benefits new text begin under
subdivision 5, payment of apprenticeship or on-the-job training benefits under subdivision
5a, payment of other educational or professional benefits under subdivision 5b new text end , and other
procedures the commissioner considers appropriate and necessary for effective and
efficient administration of the program established in this section.

(b) The commissioner may delegate part or all of the administrative procedures
for the program to responsible representatives of participating eligible institutions. The
commissioner may execute an interagency agreement with the Minnesota Office of Higher
Education for services the commissioner determines necessary to administer the program.

Sec. 4.

Minnesota Statutes 2014, section 197.791, subdivision 4, is amended to read:

Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under deleted text begin this
section deleted text end new text begin subdivision 5 new text end 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) A person's eligibility terminates when the person becomes eligible for benefits
under section 135A.52.

(c) 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.

(d) 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.

(e) 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. 5.

Minnesota Statutes 2014, section 197.791, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Benefit deleted text end new text begin Educational assistance new text end amount.

(a) On approval by the
commissioner of eligibility for the program, the applicant shall be awarded, on a
funds-available basis, the educational assistance under the program for use at any time
according to program rules at any eligible institution.

(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 the
amount the person received or was eligible to receive in that semester or term from:

(1) the federal Pell Grant;

(2) the state grant program under section 136A.121; and

(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 and payments made under the Veterans Retraining Assistance
Program (VRAP).

(c) The amount of educational assistance for any eligible person who is a full-time
student must not exceed the following:

deleted text begin (1) $1,000 per semester or term of enrollment;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end $3,000 per state fiscal year; and

deleted text begin (3) deleted text end new text begin (2) new text end $10,000 in a lifetime.

For a part-time student, the amount of educational assistance must not exceed
$500 per semester or term of enrollment. For the purpose of this paragraph, a part-time
undergraduate student is a student taking fewer than 12 credits or the equivalent for a
semester or term of enrollment and a part-time graduate student is a student considered
part time by the eligible institution the graduate student is attending. The minimum award
for undergraduate and graduate students is $50 per term.

Sec. 6.

Minnesota Statutes 2014, 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 deleted text begin applicants deleted text end new text begin persons new text end , 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, deleted text begin paragraphs
deleted text end new text begin paragraph new text end (a), clause (1) deleted text begin , and (c) to (e) deleted text end . new text begin The commissioner may determine eligibility as
provided in subdivision 4, paragraph (c), and may deny or terminate benefits as prescribed
under subdivision 4, paragraphs (d) and (e). 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 deleted text begin 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 deleted text end 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. 7.

Minnesota Statutes 2014, section 197.791, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Additional professional or educational benefits. new text end

new text begin (a) The commissioner
shall develop and implement a program to administer a portion of the Minnesota GI
Bill program to pay additional benefit amounts to eligible persons as provided under
this subdivision.
new text end

new text begin (b) A person is eligible for additional benefits under this subdivision if the person
meets the criteria established under subdivision 4, paragraph (a), clause (1). The
commissioner may determine eligibility as provided in subdivision 4, paragraph (c), and
may deny or terminate benefits as prescribed under subdivision 4, paragraphs (d) and
(e). The amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following amounts:
new text end

new text begin (1) $3,000 per state fiscal year; and
new text end

new text begin (2) $10,000 in a lifetime.
new text end

new text begin (c) A person eligible under this subdivision may use the benefit amounts for the
following purposes:
new text end

new text begin (1) licensing or certification tests, the successful completion of which demonstrates
an individual's possession of the knowledge or skill required to enter into, maintain, or
advance in employment in a predetermined and identified vocation or profession, provided
the tests and the licensing or credentialing organizations or entities that offer the tests are
approved by the commissioner;
new text end

new text begin (2) tests for admission to institutions of higher learning or graduate schools;
new text end

new text begin (3) national tests providing an opportunity for course credit at institutions of higher
learning;
new text end

new text begin (4) a preparatory course for a test that is required or used for admission to an
institution of higher education or graduate program; and
new text end

new text begin (5) any fee associated with the pursuit of a professional or educational objective
specified in clauses (1) to (4).
new text end

new text begin (d) If an eligible person receives benefits under subdivision 5, the eligible person's
aggregate benefits under this subdivision and subdivision 5 must not exceed $10,000
in the eligible person's lifetime.
new text end

new text begin (e) If an eligible person receives benefits under subdivision 5a, the eligible person's
aggregate benefits under this subdivision and subdivision 5a must not exceed $10,000
in the eligible person's lifetime.
new text end