AL
Alabama House Bill HB284

Alabama 2024 Regular Session

Alabama House Bill HB284 Compare Versions

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33 HB284
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55 By Representatives Starnes, Oliver, Brown, Paschal, Robertson
66 RFD: Ways and Means Education
77 First Read: 05-Mar-24
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13-6 HB284 Enrolled
13+6 D8S9NTN-1 12/18/2023 MAP (L)ma 2023-2833
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1515 First Read: 05-Mar-24
16-Enrolled, An Act,
16+SYNOPSIS:
17+Existing law allows qualifying schools under the
18+Alabama G.I. and Dependents Educational Benefit Act
19+either to waive unpaid fees or to bill students for
20+educational fees remaining unpaid after applying
21+tuition reimbursement benefits from third parties.
22+This bill would require qualifying schools
23+receiving tuition reimbursement benefits on behalf of
24+veterans and their spouses, widows, or children under
25+the act to make use of offsets and write offs of unpaid
26+educational fees to the same extent as tuition
27+reimbursement benefits received from the United States
28+Department of Veterans Affairs.
29+A BILL
30+TO BE ENTITLED
31+AN ACT
1732 Relating to the Alabama G.I. and Dependents Educational
18-Benefit Act; to amend Sections 31-6-4, 31-6-5, as last amended
19-by Act 2023-350, 2023 Regular Session, 31-6-6, and 31-6-11,
20-Code of Alabama 1975, to remove the Department of Defense
21-tuition assistance cap and in lieu thereof provide a tuition
22-cap of four hundred dollars ($400) per semester hour.
23-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24-Section 1. Sections 31-6-4, 31-6-5, as last amended by
25-Act 2023-350, 2023 Regular Session, 31-6-6, and 31-6-11, Code
26-of Alabama 1975, are amended to read as follows:
27-"§31-6-4
28-(a) Any child whose father or mother:
29-(1) Was killed or died in line of duty or is listed as
30-missing in action or is or was a prisoner of war or whose
31-death or permanent total disabilities were service-connected
32-while serving as a member of the armed forces;
33-(2) Died from a disability incurred from military
34-service, as established by the State Department of Veterans'
35-Affairs, after having been discharged under conditions other
36-than dishonorable and after having served at least 90 days
37-consecutively in the armed forces prior to and/or subsequent
38-to the date on which the disability occurred, or who was
39-honorably discharged by reason of a qualifying
40-service-connected disability after serving less than 90 days;
41-(3) Was killed or died while on state active duty
42-status as defined in Section 31-12-1, or whose death results
33+Benefit Act; to amend Section 31-6-15, Code of Alabama 1975,
34+to require qualifying schools receiving tuition reimbursement
35+benefits on behalf of veterans and their spouses, widows, or
36+children to make use of offsets and write offs of unpaid fees
37+to the same extent as tuition reimbursement benefits received
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72-status as defined in Section 31-12-1, or whose death results
73-proximately and within three years from an injury received
74-while on state active duty status; or
75-(4) Has been assigned 100 percent permanent or total
76-disability rated by the United States Veterans'
77-Administration, or was discharged or retired from the armed
78-forces with a 40 percent or more disability and maintained
79-that percentage;
80-may attend any qualifying school for a period of five
81-standard academic years, not to exceed 45 months or the
82-equivalent of 45 months if enrolled part-time, pursuant to the
83-tuition reimbursement guidelines as provided in subsection
84-(c). Training under this section must be initiated prior to
85-the child's thirtieth birthday, and must be completed within
86-eight years after its initiation, except for delays caused by
87-military service during the training period, and in no case
88-may training be received under this chapter beyond the
89-thirty-eighth birthday of the child.
90-(b) The educational benefits provided by this section
91-to children making application for benefits for the first time
92-beginning with the fall term of the 2014-2015 academic year,
93-and thereafter, shall be limited to undergraduate courses of
94-study only, and the value of tuition paid shall be limited to
95-the in-state tuition rate of the qualifying school attended.
96-(c) For those first filing for benefits under this
97-chapter on or after July 31, 2017, and for those attending a
98-qualifying private school, the educational benefit shall be
99-for tuition reimbursement and books and fees reimbursement.
100-The value of tuition paid per semester hour (or equivalent)
67+to the same extent as tuition reimbursement benefits received
68+from the United States Department of Veterans Affairs.
69+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
70+Section 1. Section 31-6-15, Code of Alabama 1975, is
71+amended to read as follows:
72+"§31-6-15
73+(a) The benefits provided in this chapter shall be paid
74+from an annual appropriation from the Education Trust Fund to
75+reimburse every qualifying school in which benefits are given
76+to veterans and their spouses, widows, or children under this
77+chapter. Reimbursement shall be made timely at the end of each
78+academic quarter or semester for all tuition reimbursements
79+for the certified invoices submitted by the institution or
80+school to the State Department of Veterans' Affairs, and shall
81+be supported by names of the students receiving the benefits,
82+together with the amounts claimed for each student. Any amount
83+of in-state tuition, books, or fees not paid by the
84+combination of federal, state, and third party funds may be
85+billed to students receiving the benefits or waived by the
86+institution or school. Qualifying schools receiving tuition
87+reimbursement benefits on behalf of veterans and their
88+spouses, widows, or children under this chapter shall make use
89+of offsets and write-offs to the same extent as tuition
90+reimbursement benefits received from the United States
91+Department of Veterans Affairs.
92+(b) The Department of Examiners of Public Accounts may
93+audit the records of any two-year or four-year institution of
94+higher education that receives any reimbursement as a result
95+of this chapter to the same extent, degree, and scope as
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130-The value of tuition paid per semester hour (or equivalent)
131-shall be limited to the rate of the Department of Defense
132-Tuition Assistance Cap four hundred dollars ($400) . The value
133-of the books and fees paid per semester shall be limited to
134-one thousand dollars ($1,000) per student.
135-(d) For the purpose of the minimum disability
136-requirement provided for in subdivision (a)(4), the dependent
137-of any veteran whose disability rating as of July 31, 2017, is
138-at least 20 percent but less than 40 percent shall qualify for
139-the benefits of this chapter, provided that the dependent
140-shall file application for the benefits before July 31, 2023,
141-and the dependent is reasonably expected to be eligible to
142-attend a qualifying school in the next academic year."
143-"§31-6-5
144-(a) Any spouse or widow whose spouse, during their
145-marriage:
146-(1) Was killed or died in the line of duty or is listed
147-as missing in action or is or was a prisoner of war while
148-serving as a member of the armed forces;
149-(2) Died from a disability incurred from military
150-service;
151-(3) Was killed or died while on state active duty
152-status as defined in Section 31-12-1, or whose death results
153-proximately and within three years from an injury sustained
154-while on state active duty status; or
155-(4) Is 100 percent permanently and totally disabled,
156-whose permanent and total disabilities were service-connected;
157-shall be entitled to training in any qualifying school for a
158-period of five standard academic years, not to exceed 45
125+of this chapter to the same extent, degree, and scope as
126+audits performed on other public educational institutions. The
127+institution shall submit to the Legislature and the State
128+Department of Veterans' Affairs each year, before any
129+subsequent reimbursement may be applied for or considered, a
130+full accounting of any receipts, disbursements, assets,
131+liabilities, and other resources as of the date of the close
132+of the immediately preceding academic year."
133+Section 2. This act shall become effective on October
134+1, 2024.
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188-period of five standard academic years, not to exceed 45
189-months, or to training for the equivalent of 45 months if
190-enrolled part-time, pursuant to the tuition reimbursement
191-guidelines as provided in subsection (c). One change of
192-program will be allowed without counseling. All training
193-received under this section must be completed within eight
194-years after its initiation. This section shall not apply to
195-the spouse of any deceased serviceman or veteran who has
196-remarried prior to applying for and obtaining educational
197-benefits under this section, and should any spouse of the
198-deceased serviceman or veteran remarry during the time he or
199-she is in attendance upon any of the qualifying schools
200-mentioned in this section, then he or she shall pay tuition
201-and fees for the course of study or attendance upon the
202-qualifying school from the time of the remarriage.
203-(b) The educational benefits provided by this section
204-to spouses and widows making application for benefits for the
205-first time beginning with the fall term of the 2014-2015
206-academic year, and thereafter, shall be limited to
207-undergraduate courses of study only, and the value of tuition
208-paid shall be limited to the in-state tuition rate of the
209-qualifying school attended.
210-(c) For those first filing for benefits under this
211-chapter on or after July 31, 2017, and for those attending a
212-qualifying private school, the educational benefit shall be
213-for tuition reimbursement and books and fees reimbursement.
214-The value of tuition paid per semester hour (or equivalent)
215-shall be limited to the rate of the Department of Defense
216-Tuition Assistance Cap four hundred dollars ($400) . The value
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246-Tuition Assistance Cap four hundred dollars ($400) . The value
247-of the books and fees paid per semester shall be limited to
248-one thousand dollars ($1,000) per student."
249-"§31-6-6
250-(a) The spouse and children of any veteran who is
251-suffering from 40 to 90 percent service-connected disability
252-brought about from service in the Armed Forces of the United
253-States, or the widow and children of a deceased veteran who
254-was suffering from 40 percent or more of service-connected
255-disability at the time of death, as established by the State
256-Department of Veterans' Affairs, shall be entitled to the
257-following educational advantages and opportunities:
258-(1) The spouse or widow shall be entitled to up to 27
259-months of schooling, or the equivalent of 27 months if
260-enrolled part-time, in any qualifying school, pursuant to the
261-tuition reimbursement guidelines as provided in subsection
262-(d). One change of program will be allowed without counseling.
263-All training received at qualifying schools under this
264-subdivision must be completed within a period of six years
265-after its initiation.
266-(2) Each child of a disabled veteran shall be entitled
267-to five standard academic years, or the equivalent of 45
268-months if enrolled part-time, in any qualifying school
269-pursuant to the tuition reimbursement guidelines as provided
270-in subsection (d). One change of program will be allowed
271-without counseling. Training under this subdivision must be
272-initiated prior to the child's twenty-sixth birthday, and must
273-be completed within eight years after its initiation, except
274-for delays caused by military service during the training
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304-for delays caused by military service during the training
305-period, and in no case may training be received under this
306-section beyond the thirty-fourth birthday of the child.
307-(b) For the purpose of the minimum disability
308-requirement provided for in subsection (a), the dependent of
309-any veteran whose disability rating as of July 31, 2017, is at
310-least 20 percent but less than 40 percent shall qualify for
311-the benefits of this chapter, provided that the dependent
312-shall file application for benefits before July 31, 2023, and
313-the dependent is reasonably expected to be eligible to attend
314-a qualifying school in the next academic year.
315-(c) The educational benefits provided by this section
316-to spouses, children, and widows making application for
317-benefits for the first time beginning with the fall term of
318-the 2014-2015 academic year, and thereafter, shall be limited
319-to undergraduate courses of study only, and the value of
320-tuition paid shall be limited to the in-state tuition rate of
321-the qualifying school attended.
322-(d) For those first filing for benefits under this
323-chapter on or after July 31, 2017, and for those attending a
324-qualifying private school, the educational benefit shall be
325-for tuition reimbursement and books and fees reimbursement.
326-The value of tuition paid per semester hour (or equivalent)
327-shall be limited to the rate of the Department of Defense
328-Tuition Assistance Cap four hundred dollars ($400) . The value
329-of the books and fees paid per semester shall be limited to
330-one thousand dollars ($1,000) per student."
331-"§31-6-11
332-(a) Before the application of a spouse, widow, or child
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362-(a) Before the application of a spouse, widow, or child
363-of a disabled veteran or a deceased veteran or serviceman for
364-educational benefits under this chapter is approved, proof,
365-satisfactory to the State Department of Veterans' Affairs,
366-must be submitted of all of the following:
367-(1) Establishing the identification of the spouse,
368-widow, or child as the spouse, widow, or child of the veteran
369-or serviceman, as the case may be.
370-(2) Of the veteran or serviceman having been a
371-permanent resident of the State of Alabama for at least one
372-year immediately prior to his or her entrance into service, or
373-if the applicant is the spouse, widow, or child of a totally
374-and permanently disabled veteran, then proof either of the
375-veteran's having been a permanent resident of the State of
376-Alabama for at least one year prior to his or her entrance
377-into service or proof that the veteran has been a bona fide
378-resident of this state for at least five years immediately
379-prior to the filing of the application for benefits under this
380-chapter or immediately prior to his or her death if the
381-veteran is deceased.
382-(3) Of the veteran or serviceman having been a
383-permanent resident of the State of Alabama for at least two
384-years immediately prior to the filing of the application for
385-benefits under this chapter or has filed an Alabama income tax
386-return as a resident individual for the previous 10 years or
387-is a current resident and was discharged from active duty
388-within the prior 12 months. If the veteran or serviceman is
389-deceased, his or her dependent may still qualify if the
390-veteran or serviceman met this residency requirement at the
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420-veteran or serviceman met this residency requirement at the
421-time of his or her death. Alabama income tax return
422-information, including, but not limited to, the type of return
423-filed, necessary to show the residency requirements under this
424-chapter have been met is hereby exempted from the
425-confidentiality provisions of Section 40-2A-10, and shall be
426-provided by the Department of Revenue to the State Department
427-of Veterans' Affairs upon request. Such requests and the
428-significance of the information provided shall be requested by
429-the State Department of Veterans' Affairs as necessary when
430-other residency information is not available, and the
431-department shall adopt rules and procedures to effect the
432-provisions of this section as needed.
433-(4) Of the spouse, widow, or child being a current
434-resident of the State of Alabama.
435-(5) An honorable discharge or other proof of honorable
436-termination of service of the veteran or serviceman in the
437-armed forces for a period of at least 90 days, or service of
438-less than 90 days if the veteran or serviceman was discharged
439-or released by reason of a qualifying service-connected
440-disability.
441-(b) For those first filing for benefits under this
442-chapter on or after July 31, 2017, and for those attending a
443-qualifying private school, the educational benefit shall be
444-for tuition reimbursement and books and fees reimbursement.
445-The value of tuition paid per semester hour (or equivalent)
446-shall be limited to the rate of the Department of Defense
447-Tuition Assistance Cap four hundred dollars ($400) . The value
448-of the books and fees paid per semester shall be limited to
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478-of the books and fees paid per semester shall be limited to
479-one thousand dollars ($1,000) per student."
480-Section 2. This act shall become effective on July 31,
481-2024.
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486-2024.
487-________________________________________________
488-Speaker of the House of Representatives
489-________________________________________________
490-President and Presiding Officer of the Senate
491-House of Representatives
492-I hereby certify that the within Act originated in and
493-was passed by the House 02-Apr-24.
494-John Treadwell
495-Clerk
496-Senate 08-May-24 Amended and Passed
497-House 09-May-24 Concurred in Senate
498-Amendment
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