HB-4001, As Passed House, March 22, 2005
January 27, 2005, Introduced by Reps. Caul, Brown and Ball and referred to the Committee on Veterans Affairs and Homeland Security.
A bill to establish an undergraduate tuition waiver program
for children of certain deceased or disabled members of the armed
forces of the United States; to provide for the administration of
the tuition waiver program; to prescribe certain powers and duties
of certain state officers, agencies, and departments; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"children of veterans tuition act".
Sec. 2. As used in this act:
(a) "Academic year" means the period from August 1 of a
calendar year to July 31 of the next calendar year.
(b) "Authority" means the Michigan higher education assistance
authority created by 1960 PA 77, MCL 390.951 to 390.961.
(c) "Eligible institution" means a degree or certificate
granting public or independent nonprofit college or university,
junior college, or community college in this state.
(d) "Eligible tuition" means the tuition charged by an
eligible institution for an undergraduate class.
(e) Full-time" means enrolled in at least 12 credit hours in
an academic semester or its equivalent number of credit hours in a
term or quarter, as determined by the authority.
(f) "Michigan veteran" means an individual whose legal
residence immediately before entering military service was in this
state and who does not later reside outside of this state for a
period of more than 2 years, or an individual who establishes legal
residency in this state after entering military service.
(g) "Undergraduate class" means a class or course that
provides a student with academic credit applicable toward a
bachelor or associate degree from an eligible institution.
Sec. 3. The children of veterans tuition waiver program is
created, to be administered by the authority. The authority shall
do all of the following:
(a) Provide tuition waivers at eligible institutions for
eligible students under this act.
(b) Develop a tuition waiver agreement to be entered into by a
tuition waiver recipient and the eligible institution that contains
the terms of a tuition waiver made under this act and the rights
and obligations of the recipient and the eligible institution.
(c) Within 120 days after the effective date of this act,
notify recipients of benefits under 1935 PA 245, MCL 35.111 to
35.112, of the repeal of that act and the availability of tuition
waivers under this act.
(d) Promulgate rules to implement and administer this act
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. The rules may include additional standards of
eligibility for students to receive tuition waivers under this act.
Sec. 4. (1) Beginning in the 2005-2006 academic year, an
eligible institution that agrees to participate in the tuition
waiver program established by this act shall waive tuition in an
amount determined under subsection (2) for any student who meets
all of the following requirements:
(a) Is enrolled in that academic year as a full-time student
in undergraduate classes at an eligible institution.
(b) Is a United States citizen or permanent resident of the
United States.
(c) Is more than 16 and less than 26 years of age.
(d) Is the natural or adopted child of a Michigan veteran and
the Michigan veteran meets or met any of the following:
(i) He or she was killed in action or died from another cause
while serving in a war or war condition in which the United States
was or is a participant.
(ii) The United States department of veterans affairs has
determined that he or she died or is totally and permanently
disabled as a result of a service-connected illness or injury.
(iii) The United States department of veterans affairs has
determined he or she was permanently and totally disabled as a
result of a service-connected illness or injury before death, and
he or she died from any cause.
(iv) He or she is officially listed by the United States
government as missing in action in a foreign country.
(e) Has resided continuously in this state for the 12 months
immediately preceding the date of his or her application and is not
a resident of any other state.
(f) Has maintained a cumulative grade point average of at
least 2.25 in any undergraduate classes he or she completed at any
eligible institution in any previous academic years.
(g) Has signed a written tuition waiver agreement with the
eligible institution.
(h) Is in compliance with this act and the rules promulgated
under this act.
(i) Has not been convicted of a felony involving an assault,
physical injury, or death.
(j) Meets any other standards established in rules promulgated
by the authority under section 3.
(2) Except as provided in subsection (3), the amount of a
tuition waiver described in subsection (1) in an academic year is
$2,800.00, or an amount equal to all of the student's eligible
tuition in that academic year, whichever is less.
(3) If a student is receiving tuition waiver assistance in the
2004-2005 academic year under the tuition waiver program provided
in 1935 PA 245, MCL 35.111 to 35.112, is a person described in
section 1(3) of 1935 PA 245, MCL 35.111, and meets the eligibility
requirements of this act, the amount of the tuition waiver for that
student in the 2005-2006 academic year is an amount equal to the
student's eligible tuition in that academic year.
(4) An individual shall not receive tuition waiver assistance
under this act, or under this act and the tuition waiver program
provided in 1935 PA 245, MCL 35.111 to 35.112, in more than 4
academic years.
Sec. 5. (1) Beginning in the 2005-2006 academic year, within
60 days after the end of an academic year an eligible institution
shall apply to the authority for reimbursement of tuition waived
under this act in that academic year. The application shall include
the total number of students whose tuition was waived; the total
amount of reimbursement requested by the eligible institution; and
an itemization of the waivers that includes the name of each
student receiving a tuition waiver, the amount of that waiver, the
student's grade point average for the academic year, the student's
cumulative grade point average, the student's transcript for the
academic year, and a certification that the student meets the
eligibility requirements for tuition reimbursement under this act
in the amount requested by the eligible institution.
(2) The authority shall verify the amount of reimbursement to
which an eligible institution is required and report that
information to the house and senate appropriation subcommittees on
higher education and community colleges.
(3) The legislature shall appropriate money for reimbursement
to the eligible institution if the institution receives annual
appropriations from this state or to the authority for distribution
to the eligible institution if the institution does not receive
annual appropriations from this state. Money appropriated under
this subsection shall be used only for tuition waivers under this
act.
Enacting section 1. 1935 PA 245, MCL 35.111 to 35.112, is
repealed effective July 31, 2005.
Enacting section 2. This act does not take effect unless
Senate Bill No.____ or House Bill No. 4002(request no. 00021'05 a)
of the 93rd Legislature is enacted into law.