House File 22 - Introduced



                                       HOUSE FILE       
                                       BY  WHITAKER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the definition of resident for purposes of
  2    tuition and fees for qualified veterans at Iowa's public
  3    universities and community colleges and for programs
  4    administered by the college student aid commission, and
  5    establishing a veterans educational assistance council.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1029HH 83
  8 kh/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  35A.18  VETERANS EDUCATIONAL
  1  2 ASSISTANCE COUNCIL.
  1  3    1.  A veterans educational assistance council is
  1  4 established within the department for purposes of advising
  1  5 veterans throughout the United States about the educational
  1  6 opportunities and student support services available to
  1  7 veterans who meet the residency requirements of the state's
  1  8 public postsecondary educational institutions.  The council
  1  9 shall do all of the following:
  1 10    a.  Identify resources which can be used to advise veterans
  1 11 throughout the United States about the educational
  1 12 opportunities and services available in this state, and work
  1 13 to improve the quality and quantity of educational
  1 14 opportunities and student support services for veterans.  The
  1 15 council shall assess the availability of and need for
  1 16 resources, educational opportunities, and student support
  1 17 services, and shall submit its findings and recommendations
  1 18 relating to potential and available resources, student support
  1 19 services, and educational opportunities for qualified veterans
  1 20 and their families in an annual report to the general assembly
  1 21 and the governor by January 15.
  1 22    b.  Work with the state's public universities and community
  1 23 colleges and with the American council on education to ensure
  1 24 that each public postsecondary educational institution in the
  1 25 state is a member of the servicemembers opportunity colleges
  1 26 consortium.
  1 27    2.  The council shall consist of seven voting members
  1 28 appointed by the governor to six=year terms beginning on July
  1 29 1 of the year of appointment.  However, the governor shall
  1 30 initially appoint two voting members for two=year terms, two
  1 31 voting members for four=year terms, and three voting members
  1 32 for six=year terms.  No member shall serve more than two
  1 33 consecutive six=year terms.  The council shall elect from
  1 34 among its members a chairperson and vice chairperson who shall
  1 35 serve for two=year terms and may be reelected.  Vacancies on
  2  1 the council shall be filled for the unexpired portion of the
  2  2 term in the same manner as regular appointments are made.
  2  3    3.  In addition to the members appointed by the governor,
  2  4 the director of the department, the adjutant general, the
  2  5 chairperson of the state board of regents, and the director of
  2  6 the department of education shall serve as nonvoting, ex
  2  7 officio members of the council.
  2  8    Sec. 2.  Section 260C.14, subsection 14, Code 2009, is
  2  9 amended to read as follows:
  2 10    14.  a.  In its discretion, adopt rules relating to the
  2 11 classification of students enrolled in the community college
  2 12 who are residents of Iowa's sister states as residents or
  2 13 nonresidents for tuition and fee purposes.
  2 14    b.  Adopt rules to classify qualified veterans and
  2 15 qualified veterans' spouses and dependent children as
  2 16 residents for purposes of tuition and fees.  A spouse or
  2 17 dependent child of a veteran shall not be deemed a resident
  2 18 under this paragraph "b" unless the veteran meets all of the
  2 19 requirements of subparagraph (2).
  2 20    (1)  For purposes of this paragraph "b", "dependent child"
  2 21 means a student who was claimed by a qualified veteran as a
  2 22 dependent on the qualified veteran's internal revenue service
  2 23 tax filing for the previous tax year.
  2 24    (2)  For purposes of this paragraph "b", "qualified
  2 25 veteran" means a person who meets the following requirements:
  2 26    (a)  Is eligible for benefits under the federal "Post=9/11
  2 27 Veterans Educational Assistance Act of 2008".
  2 28    (b)  Is domiciled in this state during the veteran's course
  2 29 of study at the community college.
  2 30    (c)  Accepts, during the veteran's course of study at the
  2 31 community college, a community service position approved by
  2 32 the president of the community college; or participates in an
  2 33 internship or cooperative program established by the president
  2 34 of the community college or by the community college in which
  2 35 the veteran is enrolled.
  3  1    Sec. 3.  Section 261.2, Code 2009, is amended by adding the
  3  2 following new subsection:
  3  3    NEW SUBSECTION.  10.  Adopt rules defining "resident" for
  3  4 purposes of this chapter.  The definition adopted by rule
  3  5 shall include but not be limited to a qualified veteran and
  3  6 the qualified veteran's spouse and dependent children as
  3  7 defined for purposes of section 260C.14, subsection 14,
  3  8 paragraph "b", or section 262.9, subsection 16, paragraph "b".
  3  9    Sec. 4.  Section 262.9, subsection 16, Code 2009, is
  3 10 amended to read as follows:
  3 11    16.  a.  In its discretion, adopt rules relating to the
  3 12 classification of students enrolled in institutions of higher
  3 13 education under the board who are residents of Iowa's sister
  3 14 states as residents or nonresidents for fee purposes.
  3 15    b.  Adopt rules to classify qualified veterans and
  3 16 qualified veterans' spouses and dependent children as
  3 17 residents for purposes of tuition and fees.  A spouse or
  3 18 dependent child of a veteran shall not be deemed a resident
  3 19 under this paragraph "b" unless the veteran meets all of the
  3 20 requirements of subparagraph (2).
  3 21    (1)  For purposes of this paragraph "b", "dependent child"
  3 22 means a student who was claimed by the qualified veteran as a
  3 23 dependent on the qualified veteran's internal revenue service
  3 24 tax filing for the previous tax year.
  3 25    (2)  For purposes of this paragraph "b", "qualified
  3 26 veteran" means a person who meets the following requirements:
  3 27    (a)  Is eligible for benefits under the federal "Post=9/11
  3 28 Veterans Educational Assistance Act of 2008".
  3 29    (b)  Is domiciled in this state during the veteran's course
  3 30 of study at the institution of enrollment.
  3 31    (c)  Accepts, during the veteran's course of study at the
  3 32 institution of enrollment, a community service position
  3 33 approved by the president of the institution; or participates
  3 34 in an internship or cooperative program established by the
  3 35 president of the institution or by the college or institution
  4  1 in which the veteran is enrolled.
  4  2                           EXPLANATION
  4  3    This bill requires the state board of regents and the
  4  4 boards of directors of the state's community colleges to adopt
  4  5 rules that classify qualified military veterans and their
  4  6 spouses and dependent children as residents for purposes of
  4  7 tuition and fees, establishes a veterans educational
  4  8 assistance council to advise veterans throughout the country
  4  9 about the educational opportunities and student support
  4 10 services available to veterans in this state, and requires the
  4 11 college student aid commission to include in its definition of
  4 12 resident a qualified veteran and the qualified veteran's
  4 13 spouse and dependent children.
  4 14    The bill defines "qualified veteran" to mean a person who
  4 15 is eligible for benefits under the federal Post=9/11 Veterans
  4 16 Educational Assistance Act of 2008, is domiciled in this state
  4 17 while at a public postsecondary educational institution in
  4 18 Iowa, and accepts a community service position or participates
  4 19 in an internship or cooperative program.  The veteran must
  4 20 fulfill all of these requirements in order for the spouse or
  4 21 dependent child to be eligible for status as a resident.
  4 22    The veterans educational assistance council is established
  4 23 within the department of veterans affairs and is comprised of
  4 24 seven voting and four nonvoting, ex officio members.  The
  4 25 council is charged with identifying resources that can be used
  4 26 to advise veterans throughout the United States about the
  4 27 educational opportunities and services available in this
  4 28 state, and working to improve the quality and quantity of
  4 29 educational opportunities and student support services for
  4 30 veterans.  The council is directed to assess the availability
  4 31 of and need for resources, educational opportunities, and
  4 32 student support services, and shall submit its findings and
  4 33 recommendations in an annual report to the General Assembly
  4 34 and the Governor by January 15.
  4 35    In addition, the council is directed to work with the
  5  1 state's public postsecondary educational institutions and the
  5  2 American council on education to ensure that each institution
  5  3 is a member of the  servicemembers opportunity colleges
  5  4 consortium.  The consortium consists of colleges and
  5  5 universities that provide educational opportunities for
  5  6 servicemembers and their families and its member colleges
  5  7 agree to accept each other's credits in transfer.
  5  8    The college student aid commission is directed to include
  5  9 qualified veterans, their spouses, and dependent children
  5 10 within its definition of resident, in order that they qualify
  5 11 for the scholarship, grant, and loan programs administered by
  5 12 the commission.
  5 13    The bill may create a state mandate as provided in Code
  5 14 chapter 25B.
  5 15 LSB 1029HH 83
  5 16 kh/nh/8.1