SENATE BILL No. 735

 

 

September 6, 2007, Introduced by Senators PAPPAGEORGE, ALLEN, GARCIA, BIRKHOLZ, RICHARDVILLE, HARDIMAN, KAHN, JELINEK, VAN WOERKOM, PATTERSON, CROPSEY, GILBERT, CASSIS, McMANUS, OLSHOVE, KUIPERS, JANSEN, SWITALSKI, STAMAS, CHERRY, JACOBS, BROWN, BARCIA, GLEASON, WHITMER, SANBORN, BASHAM, BISHOP, ANDERSON, SCHAUER, HUNTER, SCOTT, CLARK-COLEMAN and CLARKE and referred to the Committee on Senior Citizens and Veterans Affairs.

 

 

     A bill to establish an undergraduate tuition waiver program

 

for certain disabled veterans of the armed forces of the United

 

States; to provide for the administration of the tuition waiver

 

program; and to prescribe certain powers and duties of certain

 

state officers, agencies, and departments.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"disabled veterans tuition waiver act".

 

     Sec. 3. 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 the equivalent number of credit hours in a

 

term or quarter, as determined by the authority.

 

     (f) "Qualified veteran" means an individual who meets all of

 

the following:

 

     (i) Either his or her legal residence immediately before

 

entering military service was in this state and he or she did not

 

later reside outside of this state for a period of more than 2

 

years or he or she established legal residency in this state after

 

entering military service.

 

     (ii) He or she served as a member of any branch of the armed

 

forces of the United States and received an honorable discharge or

 

a discharge for physical reasons with an honorable record.

 

     (iii) His or her military service included service in the

 

Persian Gulf combat zone as part of Operation Iraqi Freedom or in

 

southern or central Asia as part of Operation Enduring Freedom.

 

     (iv) He or she qualifies for disability compensation under 38

 

USC 1110 or 1131.

 

     (g) "Undergraduate class" means a class or course that

 

provides a student with academic credit applicable toward a

 

bachelor's or associate's degree from an eligible institution.

 

     Sec. 5. The 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

 

qualified veterans 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) 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 qualified veterans to receive tuition waivers under

 

this act.

 

     Sec. 7. (1) Beginning in the 2008-2009 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 qualified veteran

 

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) 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.

 

     (d) Has maintained a cumulative grade point average of at

 

least 2.0 in any undergraduate classes he or she completed at any

 

eligible institution in any previous academic years.


 

     (e) Has signed a written tuition waiver agreement with the

 

eligible institution.

 

     (f) Has provided the eligible institution with a service-

 

connected disability rating notification letter from the federal

 

department of veterans affairs that establishes his or her

 

disability rating for purposes of 38 USC 1110 or 1131.

 

     (g) Meets any other eligibility requirements under this act or

 

the rules promulgated under this act.

 

     (h) Has not been convicted of a felony involving an assault,

 

physical injury, or death.

 

     (2) Except as provided in subsection (3), the amount of a

 

tuition waiver described in subsection (1) in an academic year is

 

an amount equal to 1 of the following percentages of all of the

 

qualified veteran's eligible tuition in that academic year:

 

     (a) If his or her disability is rated 10% in the letter

 

provided under subsection (1)(f), 10%.

 

     (b) If his or her disability is rated 20% in the letter

 

provided under subsection (1)(f), 20%.

 

     (c) If his or her disability is rated 30% in the letter

 

provided under subsection (1)(f), 30%.

 

     (d) If his or her disability is rated 40% in the letter

 

provided under subsection (1)(f), 40%.

 

     (e) If his or her disability is rated 50% in the letter

 

provided under subsection (1)(f), 50%.

 

     (f) If his or her disability is rated 60% in the letter

 

provided under subsection (1)(f), 60%.

 

     (g) If his or her disability is rated 70% in the letter


 

provided under subsection (1)(f), 70%.

 

     (h) If his or her disability is rated 80% in the letter

 

provided under subsection (1)(f), 80%.

 

     (i) If his or her disability is rated 90% in the letter

 

provided under subsection (1)(f), 90%.

 

     (j) If his or her disability is rated as total in the letter

 

provided under subsection (1)(f), 100%.

 

     (3) A qualified veteran shall not receive tuition waiver

 

assistance under this act in more than 4 academic years.

 

     Sec. 9. (1) Beginning in the 2008-2009 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 qualified veterans 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 qualified veteran receiving a tuition waiver, the

 

amount of that waiver, the qualified veteran's grade point average

 

for the academic year, the qualified veteran's cumulative grade

 

point average, the qualified veteran's transcript for the academic

 

year, and a certification that the qualified veteran 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 entitled 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.