Senate File 451 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON VETERANS
                                           AFFAIRS

                                       (SUCCESSOR TO SSB 1006)


    Passed Senate,  Date               Passed House, 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, and certain military
  3    persons, and their spouses and dependent children at Iowa's
  4    public universities and community colleges.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1211SV 83
  7 kh/nh/8

PAG LIN



  1  1    Section 1.  Section 260C.14, subsection 14, Code 2009, is
  1  2 amended to read as follows:
  1  3    14.  a.  In its discretion, adopt rules relating to the
  1  4 classification of students enrolled in the community college
  1  5 who are residents of Iowa's sister states as residents or
  1  6 nonresidents for tuition and fee purposes.
  1  7    b.  (1)  Adopt rules to classify as residents for purposes
  1  8 of tuition and mandatory fees, qualified veterans and
  1  9 qualified military persons and their spouses and dependent
  1 10 children who are domiciled in this state while enrolled in a
  1 11 community college.  A spouse or dependent child of a military
  1 12 person or veteran shall not be deemed a resident under this
  1 13 paragraph "b" unless the qualified military person or
  1 14 qualified veteran meets the requirements of subparagraph (2),
  1 15 subparagraph division (b) or (c), as appropriate.
  1 16    (2)  For purposes of this paragraph "b", unless the context
  1 17 otherwise requires:
  1 18    (a)  "Dependent child" means a student who was claimed by a
  1 19 qualified military person or qualified veteran as a dependent
  1 20 on the qualified military person's or qualified veteran's
  1 21 internal revenue service tax filing for the previous tax year.
  1 22    (b)  "Qualified military person" means a person on active
  1 23 duty in the military service of the United States who is
  1 24 stationed at Rock Island arsenal.  If the qualified military
  1 25 person is transferred, deployed, or restationed while the
  1 26 person's spouse or child is enrolled in the community college,
  1 27 the spouse or child shall continue to be classified as a
  1 28 resident until the close of the fiscal year in which the
  1 29 spouse or child is enrolled.
  1 30    (c)  "Qualified veteran" means a person who meets the
  1 31 following requirements:
  1 32    (i)  Is eligible for benefits, or has exhausted the
  1 33 benefits, under the federal Post=9/11 Veterans Educational
  1 34 Assistance Act of 2008.
  1 35    (ii)  Is domiciled in this state.
  2  1    Sec. 2.  Section 262.9, subsection 16, Code 2009, is
  2  2 amended to read as follows:
  2  3    16.  a.  In its discretion, adopt rules relating to the
  2  4 classification of students enrolled in institutions of higher
  2  5 education under the board who are residents of Iowa's sister
  2  6 states as residents or nonresidents for fee purposes.
  2  7    b.  (1)  Adopt rules to classify as residents for purposes
  2  8 of tuition and mandatory fees, qualified veterans and
  2  9 qualified military persons and their spouses and dependent
  2 10 children who are domiciled in this state while enrolled in an
  2 11 institution of higher education under the board.  A spouse or
  2 12 dependent child of a military person or veteran shall not be
  2 13 deemed a resident under this paragraph "b" unless the
  2 14 qualified military person or qualified veteran meets the
  2 15 requirements of subparagraph (2), subparagraph division (b) or
  2 16 (c), as appropriate.
  2 17    (2)  For purposes of this paragraph "b", unless the context
  2 18 otherwise requires:
  2 19    (a)  "Dependent child" means a student who was claimed by a
  2 20 qualified military person or qualified veteran as a dependent
  2 21 on the qualified military person's or qualified veteran's
  2 22 internal revenue service tax filing for the previous tax year.
  2 23    (b)  "Qualified military person" means a person on active
  2 24 duty in the military service of the United States who is
  2 25 stationed at Rock Island arsenal.  If the qualified military
  2 26 person is transferred, deployed, or restationed while the
  2 27 person's spouse or child is enrolled in an institution of
  2 28 higher education under the control of the board, the spouse or
  2 29 child shall continue to be classified as a resident until the
  2 30 close of the fiscal year in which the spouse or child is
  2 31 enrolled.
  2 32    (c)  "Qualified veteran" means a person who meets the
  2 33 following requirements:
  2 34    (i)  Is eligible for benefits, or has exhausted the
  2 35 benefits, under the federal Post=9/11 Veterans Educational
  3  1 Assistance Act of 2008.
  3  2    (ii)  Is domiciled in this state.
  3  3                           EXPLANATION
  3  4    This bill requires the state board of regents and the
  3  5 boards of directors of the state's community colleges to adopt
  3  6 rules that classify qualified military veterans and qualified
  3  7 military persons, and their spouses and dependent children,
  3  8 who are domiciled in this state while enrolled in a regents
  3  9 university or community college, as residents for purposes of
  3 10 tuition and fees.
  3 11    The "qualified veteran" must be eligible for benefits under
  3 12 the federal Post=9/11 Veterans Educational Assistance Act of
  3 13 2008 and be domiciled in this state, whether or not the
  3 14 veteran is attending classes, in order for the spouse or
  3 15 dependent child to be eligible for status as a resident.
  3 16    The bill defines "qualified military person" as a person on
  3 17 active duty who is stationed at Rock Island arsenal.  If the
  3 18 person is transferred, deployed, or restationed while the
  3 19 person's spouse or child is enrolled, the spouse or child
  3 20 shall continue to be classified as a resident.
  3 21    The bill may create a state mandate as provided in Code
  3 22 chapter 25B.
  3 23 LSB 1211SV 83
  3 24 kh/nh/8