Senate File 451 - Enrolled




                                          SENATE FILE 451

                             AN ACT
 RELATING TO THE DEFINITION OF RESIDENT FOR PURPOSES OF
    UNDERGRADUATE TUITION AND FEES FOR QUALIFIED VETERANS,
    AND CERTAIN MILITARY PERSONS, AND THEIR SPOUSES AND
    DEPENDENT CHILDREN AT IOWA'S PUBLIC UNIVERSITIES AND
    COMMUNITY COLLEGES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 260C.14, subsection 14, Code 2009, is
 amended to read as follows:
    14.  a.  In its discretion, adopt rules relating to the
 classification of students enrolled in the community college
 who are residents of Iowa's sister states as residents or
 nonresidents for tuition and fee purposes.
    b.  (1)  Adopt rules to classify as residents for purposes
 of tuition and mandatory fees, qualified veterans and
 qualified military persons and their spouses and dependent
 children who are domiciled in this state while enrolled in a
 community college.  A spouse or dependent child of a military
 person or veteran shall not be deemed a resident under this
 paragraph "b" unless the qualified military person or
 qualified veteran meets the requirements of subparagraph (2),
 subparagraph division (b) or (c), as appropriate.
    (2)  For purposes of this paragraph "b", unless the context
 otherwise requires:
    (a)  "Dependent child" means a student who was claimed by a
 qualified military person or qualified veteran as a dependent
 on the qualified military person's or qualified veteran's
 internal revenue service tax filing for the previous tax year.
    (b)  "Qualified military person" means a person on active
 duty in the military service of the United States who is
 stationed at Rock Island arsenal.  If the qualified military
 person is transferred, deployed, or restationed while the
 person's spouse or child is enrolled in the community college,
 the spouse or child shall continue to be classified as a
 resident until the close of the fiscal year in which the
 spouse or child is enrolled.
    (c)  "Qualified veteran" means a person who meets the
 following requirements:
    (i)  Is eligible for benefits, or has exhausted the
 benefits, under the federal Post=9/11 Veterans Educational
 Assistance Act of 2008.
    (ii)  Is domiciled in this state.
    Sec. 2.  Section 262.9, subsection 16, Code 2009, is
 amended to read as follows:
    16.  a.  In its discretion, adopt rules relating to the
 classification of students enrolled in institutions of higher
 education under the board who are residents of Iowa's sister
 states as residents or nonresidents for fee purposes.
    b.  (1)  Adopt rules to classify as residents for purposes
 of undergraduate tuition and mandatory fees, qualified
 veterans and qualified military persons and their spouses and
 dependent children who are domiciled in this state while
 enrolled in an institution of higher education under the
 board.  A spouse or dependent child of a military person or
 veteran shall not be deemed a resident under this paragraph
 "b" unless the qualified military person or qualified veteran
 meets the requirements of subparagraph (2), subparagraph
 division (b) or (c), as appropriate.
    (2)  For purposes of this paragraph "b", unless the context
 otherwise requires:
    (a)  "Dependent child" means a student who was claimed by a
 qualified military person or qualified veteran as a dependent
 on the qualified military person's or qualified veteran's
 internal revenue service tax filing for the previous tax year.
    (b)  "Qualified military person" means a person on active
 duty in the military service of the United States who is
 stationed at Rock Island arsenal.  If the qualified military
 person is transferred, deployed, or restationed while the
 person's spouse or child is enrolled in an institution of
 higher education under the control of the board, the spouse or
 child shall continue to be classified as a resident until the
 close of the fiscal year in which the spouse or child is
 enrolled.
    (c)  "Qualified veteran" means a person who meets the
 following requirements:
    (i)  Is eligible for benefits, or has exhausted the
 benefits, under the federal Post=9/11 Veterans Educational
 Assistance Act of 2008.
    (ii)  Is domiciled in this state.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 451, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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