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