November 19, 2008, Introduced by Rep. Alma Smith and referred to the Committee on Tax Policy.
A bill to amend 1996 PA 195, entitled
"Police officer's and fire fighter's survivor tuition act,"
by amending section 3 (MCL 390.1243); and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Beginning in the 1996-1997 academic year, and
subject
to the limitations in subsections (2), (3), and (4) this
section, a state institution of higher education shall waive
tuition for each child and surviving spouse of a Michigan police
officer or Michigan fire fighter who has been or is killed in the
line of duty if the child or surviving spouse meets all of the
following requirements:
(a) Applies, qualifies, and is admitted as a full-time, part-
time, or summer school student in a program of study leading to a
degree or certificate.
(b) Is a legal resident of the state for at least the 12
consecutive months immediately preceding his or her application.
For an individual who is a dependent of his or her parent,
residency status shall be determined by the parent's residency. For
an individual who is not a dependent, residency status shall be
determined in the same manner as under title IV of the higher
education act of 1965, Public Law 89-329, 79 Stat. 1232.
(c) Applies to the department for tuition waiver under this
act and provides evidence satisfactory to the department that he or
she is the child or the surviving spouse of a Michigan police
officer or Michigan fire fighter who was killed in the line of
duty, that the course or courses for which he or she is seeking a
tuition waiver meet the requirements of subsection (2), and that he
or she meets the other requirements of this section.
(d) For a child of a Michigan police officer or Michigan fire
fighter who was killed in the line of duty, applies under
subdivision (c) for the first time before the age of 21.
(e) Is certified by the financial aid officer at the state
institution of higher education as needing the tuition waiver in
order to meet recognized educational expenses. If the child's or
surviving spouse's family income, excluding any income from death
benefits attributable to the Michigan police officer's or Michigan
fire fighter's death, is below 400% of poverty level under federal
poverty guidelines published by the United States department of
health and human services, income from any death benefits accruing
to the child or surviving spouse as a result of the Michigan police
officer's or Michigan fire fighter's death shall not be counted as
family income in determining financial need under this subdivision.
(f) Maintains satisfactory academic progress, as defined by
the state institution of higher education, for each term or
semester in which he or she is enrolled. The satisfactory progress
definition used by an institution for federal student assistance
programs under title IV of the higher education act of 1965 is
acceptable for the purposes of this act.
(g) Has not achieved a bachelor's degree and has received
tuition reimbursement under this act for less than 124 semester
credits or 180 term credits at an institution of higher education.
(2) A state institution of higher education shall waive
tuition under this act only for courses that are applicable toward
the degree or certificate requirements of the program in which the
child or surviving spouse is enrolled.
(3) A child or surviving spouse of a Michigan police officer
or Michigan fire fighter who was killed in the line of duty is
eligible for tuition waiver under this section for not more than a
total of 9 semesters or the equivalent number of terms or quarters.
(4) Tuition shall be waived only to the extent that the
tuition is not covered or paid by any scholarship, trust fund,
statutory benefit, or any other source of tuition coverage
available to the person eligible for a waiver under this act.
(5) This section does not apply after the 2006-2007 academic
year.
(6) Beginning on the effective date of the amendatory act that
added this subsection, the Michigan higher education assistance
authority created by 1960 PA 77, MCL 390.951 to 390.961, shall
notify each state institution of higher education of the pending
repeal of this act and the timetable described in subsection (5).
Enacting section 1. The police officer's and fire fighter's
survivor tuition act, 1996 PA 195, MCL 390.1241 to 390.1246, is
repealed effective October 1, 2007.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6680(request no.
01102'07) of the 94th Legislature is enacted into law.