House File 2628 - Introduced HOUSE FILE BY HOGG Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to educational benefits for children of current 2 or former members of the armed forces and providing 3 appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5270YH 81 6 kh/gg/14 PAG LIN 1 1 Section 1. Section 35.9, Code Supplement 2005, is amended 1 2 to read as follows: 1 3 35.9 EXPENDITURE BY COMMISSION == APPROPRIATION. 1 4 1. The departmentof veterans affairsmay expend not more 1 5 thansix hundredone thousand dollars per year for any one 1 6 child who has lived in the state of Iowa for two years 1 7 preceding application for aid, and who is the child of a 1 8 person who died during active federal military service while 1 9 serving in the armed forces or during active federal military 1 10 service in the Iowa national guard or other military component 1 11 of the United States, to defray the expenses of tuition, 1 12 matriculation, laboratory and similar fees, books and 1 13 supplies, board, lodging, and any other reasonably necessary 1 14 expense for the child or children incident to attendance in 1 15 this state at an educational or training institution of 1 16 college grade, or in a business or vocational training school 1 17 with standards approved by the department of veterans affairs. 1 18 2. A child eligible to receive funds under this section 1 19 shall not receive more thanthreefive thousand dollars under 1 20 this section during the child's lifetime. 1 21 3. There is appropriated from the general fund of the 1 22 state to the department, for each fiscal year, an amount 1 23 necessary to pay aid pursuant to this section. 1 24 Sec. 2. Section 35.10, Code Supplement 2005, is amended to 1 25 read as follows: 1 26 35.10 ELIGIBILITY AND PAYMENT OF AID. 1 27 Eligibility for aid shall be determined upon application to 1 28 the department of veterans affairs, whose decision is final. 1 29 The eligibility of eligible applicants shall be certified by 1 30 the department of veterans affairs to the director of the 1 31 department of administrative services, and all amounts that 1 32 are or become due to an individual or a training institution 1 33 under this chapter shall be paid to the individual or 1 34 institution by the director of the department of 1 35 administrative services upon receipt by the director of 2 1 certification by the president or governing board of the 2 2 educational or training institution as to accuracy of charges 2 3 made, and as to the attendance of the individual at the 2 4 educational or training institution. The department of 2 5 veterans affairs may pay over the annual sumof four hundred 2 6 dollarsset forth in section 35.9 to the educational or 2 7 training institution in a lump sum, or in installments as the 2 8 circumstances warrant, upon receiving from the institution 2 9 such written undertaking as the department may require to 2 10 assure the use of funds for the child for the authorized 2 11 purposes and for no other purpose. A person is not eligible 2 12 for the benefits of this chapter until the person has 2 13 graduated from a high school or educational institution 2 14 offering a course of training equivalent to high school 2 15 training. 2 16 Sec. 3. NEW SECTION. 261.21 ACTIVE DUTY CHILDREN'S 2 17 SCHOLARSHIP. 2 18 1. The active duty children's scholarship is established 2 19 to be administered by the commission. A person who meets all 2 20 of the following criteria is eligible for a scholarship under 2 21 this section: 2 22 a. The person graduated from a public or accredited 2 23 nonpublic high school in Iowa. 2 24 b. The person is enrolled in a community college, an 2 25 institution of higher education governed by the state board of 2 26 regents, or an accredited private institution as defined in 2 27 section 261.9. 2 28 c. The person is the child of a person who is an eligible 2 29 member of the armed forces of the United States as defined in 2 30 subsection 4 2 31 2. The scholarship shall be for an amount not to exceed 2 32 the highest resident tuition rate set by a community college 2 33 established under chapter 260C. 2 34 3. If a person receiving scholarship moneys under this 2 35 section discontinues attendance before the end of any term, 3 1 the entire amount of any refund due that person, up to the 3 2 amount of any payments made under the scholarship, shall be 3 3 paid by the institution of enrollment to the state for deposit 3 4 in the general fund of the state. 3 5 4. For purposes of this section, "eligible member of the 3 6 armed forces of the United States" means a resident of this 3 7 state who is or was a member of the national guard, reserve, 3 8 or regular component of the armed forces of the United States 3 9 who has served at least ninety days of active duty service, 3 10 excluding initial active duty training, on or after September 3 11 11, 2001. 3 12 5. A person eligible for funds pursuant to section 35.9 3 13 who meets the requirements of subsection 1 is eligible for a 3 14 scholarship under this section. 3 15 Sec. 4. Section 261.25, Code Supplement 2005, is amended 3 16 by adding the following new subsection: 3 17 NEW SUBSECTION. 2A. There is appropriated from the 3 18 general fund of the state to the commission, for each fiscal 3 19 year, an amount necessary to award active duty children's 3 20 scholarships to persons eligible pursuant to section 261.21. 3 21 EXPLANATION 3 22 This bill establishes an active duty children's scholarship 3 23 to be administered by the college student aid commission, and 3 24 provides standing, unlimited appropriations from the general 3 25 fund of the state to the commission to provide scholarships to 3 26 all eligible persons and to the department of veterans affairs 3 27 to pay educational death benefits for children whose parent 3 28 died during active duty service. The bill raises the amount 3 29 of the educational death benefit to $1,000 per year and to 3 30 $5,000 over the child's lifetime. Current amounts are $600 3 31 and $3,000, respectively. The bill makes a conforming change 3 32 to permit the department to pay the $1,000 annual amount to 3 33 the educational or training institution in a lump sum. 3 34 A person is eligible for a scholarship if the person has 3 35 graduated from a public or accredited nonpublic high school in 4 1 Iowa; is enrolled in a community college, state university, or 4 2 an accredited private institution; and is the child of a 4 3 person who is a resident of this state who is or was a member 4 4 of the national guard, reserve, or regular component of the 4 5 armed forces of the United States, and who has served 90 days 4 6 or more on or after September 11, 2001. A person who received 4 7 educational death benefits from the department of veterans 4 8 affairs who meets the requirements for an active duty 4 9 children's scholarship is also eligible for the scholarship. 4 10 The scholarship amount is limited to not more than an 4 11 amount equivalent to the highest resident tuition rate set by 4 12 a community college. 4 13 If a person receiving a scholarship discontinues attendance 4 14 before the end of any term, the refund due that person must be 4 15 paid to the state and deposited in the general fund of the 4 16 state. 4 17 LSB 5270YH 81 4 18 kh:nh/gg/14.1