January 24, 2006, Introduced by Reps. Angerer, Gleason, Mayes, Wojno, Espinoza, Leland, Farrah, Donigan, Tobocman, Plakas, Kathleen Law, Spade and Lemmons, III and referred to the Committee on Appropriations.
A bill to establish an undergraduate tuition waiver program
for certain dependents of the reserve components of the United
States armed forces called to federal active duty; to provide for
the administration of the tuition waiver program; and to prescribe
certain powers and duties of certain state officers, agencies, and
departments.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "guard
and reserve dependents' tuition waiver act".
Sec. 2. As used in this act:
(a) "Academic year" means the period from August 1 of a
calendar year to July 31 of the next calendar year.
(b) "Authority" means the Michigan higher education assistance
authority created by 1960 PA 77, MCL 390.951 to 390.961.
(c) "Eligible dependent" means a spouse or natural or adopted
child of a qualified individual.
(d) "Eligible tuition" means the tuition charged by an
institution of higher education for an undergraduate class.
(e) "Institution of higher education" means a degree- or
certificate-granting public or independent nonprofit college or
university, junior college, or community college in this state.
(f) "Qualified individual" means an individual who is a
resident of this state, who is not a current member of the United
State armed forces or a full-time member of a reserve component of
the United States armed forces, who is a member of any reserve
component of the United States armed forces, and who is called to
federal active duty and serves on active duty for at least 90
consecutive days.
(g) "Reserve component of the United States armed forces"
means any of the following:
(i) The army national guard of the United States.
(ii) The army, naval, marine corps, air force, and coast guard
reserves.
(iii) The air national guard of the United States.
(h) "Undergraduate classes" means classes or courses that
provide a student with academic credit applicable toward a
bachelor's or associate's degree from an institution of higher
education.
Sec. 3. The guard and reserve dependents' tuition waiver
program is created, to be administered by the authority. The
authority shall do all of the following:
(a) Provide tuition waivers at institutions of higher
education for eligible dependents under this act.
(b) Develop a tuition waiver agreement to be entered into by a
tuition waiver recipient and the institution of higher education
that contains the terms of a tuition waiver made under this act and
the rights and obligations of the recipient and the institution of
higher education.
(c) Promulgate rules to implement and administer this act
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328.
Sec. 4. (1) Beginning in the 2006-2007 academic year, an
institution of higher education that agrees to participate in the
tuition waiver program established by this act shall waive tuition
in an amount determined under subsection (2) for any eligible
dependent who meets all of the following requirements:
(a) Is enrolled in that academic year as a student in 1 or
more undergraduate classes at an institution of higher education.
(b) Is a United States citizen or permanent resident of the
United States.
(c) Is less than 60 years of age.
(d) Has resided continuously in this state for the 6 months
immediately preceding the date of his or her application and is not
a resident of any other state.
(e) Has signed a written tuition waiver agreement with the
institution of higher education.
(f) Is in compliance with this act and the rules promulgated
under this act.
(g) Has not been convicted of a felony involving an assault,
physical injury, or death.
(h) Meets any other standards established in rules promulgated
by the authority under section 3.
(2) The amount of a tuition waiver described in subsection (1)
in an academic year is $2,500.00 or an amount equal to all of the
eligible dependent's eligible tuition in that academic year,
whichever is less.
(3) All of the following apply to an eligible dependent:
(a) He or she shall only receive tuition assistance in
semesters, quarters, or terms that begin after his or her spouse or
parent becomes a qualified individual.
(b) He or she shall not receive tuition assistance in any
semester, quarter, or term that begins after the qualified
individual returns from active duty.
(c) He or she shall not receive tuition waiver assistance
under this act in more than 4 academic years.
Sec. 5. (1) Beginning in the 2006-2007 academic year, within
60 days after the end of an academic year, an institution of higher
education shall apply to the authority for reimbursement of tuition
waived under this act in that academic year. The application shall
include the total number of eligible dependents whose tuition was
waived; the total amount of reimbursement requested by the
institution of higher education; and an itemization of the waivers
that includes the name of each eligible dependent receiving a
tuition waiver, the amount of that waiver, and a certification that
the eligible dependent meets the eligibility requirements for
tuition reimbursement under this act in the amount requested by the
institution of higher education.
(2) The authority shall verify the amount of reimbursement to
which an institution of higher education is entitled and report
that information to the house and senate appropriation
subcommittees on higher education and community colleges.
(3) The legislature shall appropriate money for reimbursement
to the institution of higher education if the institution receives
annual appropriations from this state or to the authority for
distribution to the institution of higher education if the
institution does not receive annual appropriations from this state.
Money appropriated under this subsection shall be used only for
tuition waivers under this act.