House Study Bill 93 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON ALONS) A BILL FOR An Act eliminating the war orphans educational assistance fund 1 and transferring moneys and related duties to the veterans 2 trust fund and the commission of veterans affairs. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1466YC (5) 85 aw/sc
H.F. _____ Section 1. Section 35A.13, subsection 6, Code 2013, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . m. Assisting in the education of orphaned 3 children of veterans, as defined in section 35.1, as provided 4 in subsection 6A of this section. 5 Sec. 2. Section 35A.13, Code 2013, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 6A. a. (1) The commission shall not 8 expend more than six hundred dollars per year for any one child 9 who has lived in the state of Iowa for two years preceding 10 application for state educational assistance, and who is the 11 child of a person who died prior to September 11, 2001, during 12 active federal military service while serving in the armed 13 forces or during active federal military service in the Iowa 14 national guard or other military component of the United 15 States, to defray the expenses of tuition, matriculation, 16 laboratory and similar fees, books and supplies, board, 17 lodging, and any other reasonably necessary expense for the 18 child or children incident to attendance in this state at an 19 educational or training institution of college grade, or in a 20 business or vocational training school with standards approved 21 by the department. 22 (2) A child eligible to receive funds under this subsection 23 shall not receive more than three thousand dollars under this 24 paragraph “a” during the child’s lifetime. 25 b. (1) Upon application by a child who is less than 26 thirty-one years of age, and who is the child of a person who 27 died on or after September 11, 2001, during active federal 28 military service while serving in the armed forces or during 29 active federal military service in the Iowa national guard 30 or other military component of the United States, and who 31 at the time of entering into active military service had 32 maintained the person’s residence in the state for a period 33 of at least six months immediately before entering into 34 active military service, the commission shall provide state 35 -1- LSB 1466YC (5) 85 aw/sc 1/ 4
H.F. _____ educational assistance in an amount of no more than the highest 1 resident undergraduate tuition rate established per year for 2 an institution of higher learning under the control of the 3 state board of regents less the amount of any state and federal 4 education benefits, grants, or scholarships received by the 5 child, or the amount of the child’s established financial need, 6 whichever is less, to defray the expenses of tuition at any 7 postsecondary educational institution in this state. 8 (2) A child eligible to receive state educational 9 assistance under this paragraph “b” shall begin postsecondary 10 education prior to reaching age twenty-six, shall not receive 11 more than an amount equal to five times the highest resident 12 undergraduate tuition rate established per year for an 13 institution of higher learning under the control of the state 14 board of regents during the child’s lifetime, and shall, to 15 remain eligible for assistance, meet the academic progress 16 standards of the postsecondary educational institution. 17 Payments for state educational assistance for a child under 18 this paragraph “b” shall be made to the applicable postsecondary 19 educational institution. The college student aid commission 20 may, if requested, assist the commission in administering this 21 paragraph “b” . 22 c. Eligibility for assistance pursuant to this subsection 23 shall be determined upon application to the commission, whose 24 decision is final. The eligibility of applicants shall be 25 certified by the commission to the director of the department 26 of administrative services, and all amounts that are or 27 become due an individual or a training institution under this 28 subsection shall be paid to the individual or institution by 29 the director of the department of administrative services upon 30 receipt by the director of certification by the president or 31 governing board of the educational or training institution 32 as to accuracy of charges made, and as to the attendance of 33 the individual at the educational or training institution. 34 The commission may pay over the annual sum set forth in this 35 -2- LSB 1466YC (5) 85 aw/sc 2/ 4
H.F. _____ subsection to the educational or training institution in a lump 1 sum, or in installments as the circumstances warrant, upon 2 receiving from the institution such written undertaking as the 3 department may require to assure the use of funds for the child 4 for the authorized purposes and for no other purpose. A person 5 is not eligible for the benefits of this subsection until 6 the person has graduated from a high school or educational 7 institution offering a course of training equivalent to high 8 school training. 9 d. Any expense incurred in carrying out the provisions of 10 this subsection shall be chargeable to the trust fund. 11 Sec. 3. REPEAL. Sections 35A.19, 35A.20, 35A.21, and 12 35A.22, Code 2013, are repealed. 13 Sec. 4. TRANSFER OF FUNDS. All unencumbered and unobligated 14 moneys remaining in the war orphans educational assistance fund 15 on July 1, 2013, shall be transferred to the veterans trust 16 fund created in section 35A.13. 17 Sec. 5. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 18 1. Any rule, regulation, form, order, or directive 19 promulgated by the department of veterans affairs as required 20 to administer and enforce the provisions for the operation 21 of the war orphans educational assistance fund, created in 22 section 35A.19, shall continue in full force and effect until 23 amended, repealed, or supplemented by affirmative action of the 24 commission of veterans affairs. 25 2. Any award issued by the department of veterans affairs, 26 under section 35A.21, and in effect on the effective date 27 of this Act, shall continue in full force and effect until 28 expiration or renewal. 29 EXPLANATION 30 This bill eliminates the war orphans educational assistance 31 fund under the control of the department of veterans affairs. 32 The bill transfers all unencumbered and unobligated moneys in 33 the war orphans educational assistance fund to the veterans 34 trust fund under the control of the commission of veterans 35 -3- LSB 1466YC (5) 85 aw/sc 3/ 4
H.F. _____ affairs. The bill also transfers to the commission of veterans 1 affairs current Code duties regarding educational assistance to 2 orphaned children of veterans. 3 -4- LSB 1466YC (5) 85 aw/sc 4/ 4