HSB 329 (LSB 2529YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act providing for a waiver of tuition and mandatory fees at regents institutions and community colleges for peace officers and their legal dependents and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256.231  Peace officer tuition waiver reimbursement —— fund —— appropriation.
   1.  A peace officer tuition waiver reimbursement fund is created in the state treasury as a separate fund under the control of the commission. Moneys deposited in the fund are appropriated to the commission for the purpose of reimbursing institutions of higher education governed by the state board of regents and community colleges for the cost of waivers of tuition and mandatory fees for peace officers and their legal dependents under chapter 260K and chapter 262, subchapter XVIII.
   2.  The commission shall establish a process whereby an institution or community college may apply to the commission for reimbursement of the cost of waivers of tuition and mandatory fees for peace officers and their legal dependents under chapter 260K and chapter 262, subchapter XVIII. The process shall include but is not limited to application timelines, procedures for documentation of costs, and procedures for the proration of reimbursements if the moneys available in the peace officer tuition waiver reimbursement fund are insufficient or anticipated to be insufficient to cover the full cost of reimbursements in a fiscal year.
   3.  Notwithstanding section 8.33, moneys appropriated to the fund that remain unencumbered or unobligated shall not revert at the close of the fiscal year but shall remain in the fund and shall remain available for expenditure for the purpose of this section.
    Sec. 2.  NEW SECTION.  260K.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Community college” means a community college established under chapter 260C.
   2.  “Legal dependent” means a person considered a legal dependent of a peace officer for purposes of the free application for federal student aid.
   3.  “Peace officer” means the same as defined in section 801.4.
    Sec. 3.  NEW SECTION.  260K.2  Tuition and fee waiver for peace officers.
   1.  A community college shall waive tuition and mandatory fees for a peace officer to whom all of the following apply:
   a.  The officer is a resident of Iowa.
   b.  The officer is certified through the Iowa law enforcement academy and such certification has not been revoked or suspended.
   c.  The officer meets all admission requirements of the community college.
   d.  The officer is pursuing a degree that relates to a career in law enforcement.
   e.  The officer submits to the community college documentation showing proof of employment as a peace officer and proof of residence in Iowa each year the officer applies for and receives the tuition waiver.
   2.  A peace officer may receive the tuition waiver for up to three years if the officer continues to meet the requirements of this chapter. The three years of eligibility start once the officer applies for and receives the tuition waiver for the first time and continue for the next three consecutive years.
    Sec. 4.  NEW SECTION.  260K.3  Tuition and fee waiver for legal dependents of peace officers.
   1.  A community college shall waive tuition and mandatory fees for a legal dependent of a peace officer to whom all of the following apply:
   a.  The dependent is a resident of Iowa.
   b.  The dependent executes an agreement with the community college that provides for all of the following:
   (1)  The dependent will reside in Iowa for at least five years after the dependent receives a degree from the community college.
   (2)  To demonstrate the dependent’s compliance with subparagraph (1), the dependent will file a tax return with the department of revenue for each year of the five-year period and provide proof of such filing to the community college in a manner prescribed by the community college.
   (3)  If the dependent fails to comply with subparagraph (1) or (2), the dependent agrees to repay the community college the amount of any waiver received by the dependent under this section upon request.
   c.  The dependent has not previously earned an associate or baccalaureate degree.
   d.  The dependent completes and submits a free application for federal student aid.
   e.  The dependent submits to the community college documentation showing proof of the peace officer’s employment as a peace officer and current certification by the Iowa law enforcement academy and proof of the officer’s and dependent’s residence in Iowa each year the legal dependent applies for and receives the tuition waiver.
   2.  The legal dependent may receive the tuition waiver for up to three years if the legal dependent continues to meet the requirements of this chapter. The three years of tuition waiver eligibility start once the legal dependent applies for and receives the tuition waiver for the first time and continue for the next three consecutive years.
   3.  The death of a peace officer in the line of duty that occurs after an otherwise eligible legal dependent’s submission of an application for a tuition waiver shall not disqualify the dependent from receiving the tuition waiver. In such case, in lieu of the requirements of subsection 1, paragraph “e”, the legal dependent shall submit verification in a manner prescribed by the community college from the officer’s employer attesting to all of the following:
   a.  At the time of the officer’s death, the employer was employing the officer as a peace officer.
   b.  The officer died in the line of duty.
    Sec. 5.  NEW SECTION.  260K.4  Tuition waiver —— amount and eligibility.
   The community college shall waive one hundred percent of the officer’s or legal dependent’s tuition and mandatory fees remaining due after subtracting awarded federal financial aid grants and state scholarships and grants during the time the officer or legal dependent is enrolled. To remain eligible, the officer or legal dependent must comply with all requirements of the community college for continued attendance and award of a degree.
    Sec. 6.  NEW SECTION.  260K.5  Documented verification.
   An application for the tuition waiver by a peace officer or legal dependent must include documented verification of the officer’s or dependent’s satisfaction of section 260K.2, subsection 1, or section 260K.3, subsection 1, as applicable, in a manner prescribed by the community college. The officer or dependent shall include such verification when the officer or legal dependent is initially applying to the community college to obtain a tuition waiver and subsequently as determined by the community college.
    Sec. 7.  NEW SECTION.  260K.6  Notice of eligibility decision.
   A community college shall send written notice of the peace officer’s or legal dependent’s eligibility or ineligibility for the tuition waiver after receiving an application for a waiver. If the officer or legal dependent is determined not to be eligible for the tuition waiver, the notice shall include the reason or reasons for such determination.
    Sec. 8.  NEW SECTION.  262.105  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Institution” means an institution of higher education governed by the state board of regents.
   2.  “Legal dependent” means a person considered a legal dependent of a peace officer for purposes of the free application for federal student aid.
   3.  “Peace officer” means the same as defined in section 801.4.
    Sec. 9.  NEW SECTION.  262.106  Tuition and fee waiver for peace officers.
   1.  An institution shall waive undergraduate tuition and mandatory fees for a peace officer to whom all of the following apply:
   a.  The officer is a resident of Iowa.
   b.  The officer is certified through the Iowa law enforcement academy and such certification has not been revoked or suspended.
   c.  The officer meets all admission requirements of the institution.
   d.  The officer is pursuing a degree that relates to a career in law enforcement.
   e.  The officer submits to the institution documentation showing proof of employment as a peace officer and proof of residence in Iowa each year the officer applies for and receives the tuition waiver.
   2.  A peace officer may receive the tuition waiver for up to five years if the officer continues to meet the requirements of this chapter. The five years of eligibility start once the officer applies for and receives the tuition waiver for the first time and continue for the next five consecutive years.
    Sec. 10.  NEW SECTION.  262.107  Tuition and fee waiver for legal dependents of peace officers.
   1.  An institution shall waive undergraduate tuition and mandatory fees for a legal dependent of a peace officer to whom all of the following apply:
   a.  The dependent is a resident of Iowa.
   b.  The dependent executes an agreement with the institution that provides for all of the following:
   (1)  The dependent will reside in Iowa for at least five years after the dependent receives a degree from the institution.
   (2)  To demonstrate the dependent’s compliance with subparagraph (1), the dependent will file a tax return with the department of revenue for each year of the five-year period and provide proof of such filing to the institution in a manner prescribed by the institution.
   (3)  If the dependent fails to comply with subparagraph (1) or (2), the dependent agrees to repay the institution the amount of any waiver received by the dependent under this section upon request.
   c.  If the dependent is pursuing an associate degree, the dependent has not previously earned an associate or baccalaureate degree. If the dependent is pursuing a baccalaureate degree, the dependent has not previously earned a baccalaureate degree.
   d.  The dependent completes and submits a free application for federal student aid.
   e.  The dependent submits to the institution documentation showing proof of the peace officer’s employment as a peace officer and current certification by the Iowa law enforcement academy and proof of the officer’s and dependent’s residence in Iowa each year the legal dependent applies for and receives the tuition waiver.
   2.  The legal dependent may receive the tuition waiver for up to five years if the legal dependent continues to meet the requirements of this chapter. The five years of tuition waiver eligibility start once the legal dependent applies for and receives the tuition waiver for the first time and continue for the next five consecutive years.
   3.  The death of a peace officer in the line of duty that occurs after an otherwise eligible legal dependent’s submission of an application for a tuition waiver shall not disqualify the dependent from receiving the tuition waiver. In such case, in lieu of the requirements of subsection 1, paragraph “e”, the legal dependent shall submit verification in a manner prescribed by the institution from the officer’s employer attesting to all of the following:
   a.  At the time of the officer’s death, the employer was employing the officer as a peace officer.
   b.  The officer died in the line of duty.
    Sec. 11.  NEW SECTION.  262.108  Tuition waiver —— amount and eligibility.
   The institution shall waive one hundred percent of the officer’s or legal dependent’s tuition and mandatory fees remaining due after subtracting awarded federal financial aid grants and state scholarships and grants during the time the officer or legal dependent is enrolled. To remain eligible, the officer or legal dependent must comply with all requirements of the institution for continued attendance and award of a degree.
    Sec. 12.  NEW SECTION.  262.109  Documented verification.
   An application for the tuition waiver by a peace officer or legal dependent must include documented verification of the officer’s or dependent’s satisfaction of section 262.106, subsection 1, or section 262.107, subsection 1, as applicable, in a manner prescribed by the institution. The officer or dependent shall include such verification when the officer or legal dependent is initially applying to the institution to obtain a tuition waiver and subsequently as determined by the institution.
    Sec. 13.  NEW SECTION.  262.110  Notice of eligibility decision.
   An institution shall send written notice of the peace officer’s or legal dependent’s eligibility or ineligibility for the tuition waiver after receiving an application for a waiver. If the officer or legal dependent is determined not to be eligible for the tuition waiver, the notice shall include the reason or reasons for such determination.
    Sec. 14.  NEW SECTION.  321P.10  Surcharge.
   A surcharge of ten dollars is imposed on each citation issued using a system. A local authority shall transfer all moneys collected pursuant to this section to the treasurer of state on a monthly basis for deposit in the peace officer tuition waiver reimbursement fund created in section 256.231.
    Sec. 15.  IMPLEMENTATION OF ACT.  The funds generated as a result of the enactment of this Act are intended to cover the costs of any state mandate included in this Act and this specification of state funding shall be deemed to meet all the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by, and enforcement of this Act against, all affected political subdivisions.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires institutions of higher education governed by the state board of regents and community colleges to waive tuition and mandatory fees for peace officers, as defined in the bill. The bill provides requirements to receive such a waiver, including residency in Iowa, current certification through the Iowa law enforcement academy, meeting admission requirements, and pursuing a degree that relates to a career in law enforcement. The bill provides for a similar waiver of tuition and mandatory fees for the legal dependent of a peace officer. A legal dependent must agree to reside in Iowa for five years after receiving a degree or repay the amount of the waiver. A waiver lasts for five years at a regents institution and three years at a community college. The bill provides procedures for applying for and retaining eligibility for such waivers.
   The bill creates a peace officer tuition waiver reimbursement fund in the state treasury under the control of the college student aid commission. The bill appropriates moneys deposited in the fund to the commission for the purpose of reimbursing regents institutions and community colleges for the cost of waivers of tuition and mandatory fees under the bill. The bill directs the commission to establish a process whereby a regents institution or community college may apply to the commission for reimbursement of such costs.
   The bill imposes a surcharge of $10 on citations issued by local authorities using automated or remote systems for traffic law enforcement under Code chapter 321P. The bill requires local authorities to transfer such moneys to the treasurer of state for deposit in the peace officer tuition waiver reimbursement fund.
   The bill may include a state mandate as defined in Code section 25B.3. The bill provides that funds generated in the bill are intended to cover the costs of any state mandate included in the bill. The inclusion of this specification of state funding is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.