HB284ENROLLED
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HB284
E4UF92C-2
By Representatives Starnes, Oliver, Brown, Paschal, Robertson
RFD: Ways and Means Education
First Read: 05-Mar-24
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First Read: 05-Mar-24
Enrolled, An Act,
Relating to the Alabama G.I. and Dependents Educational
Benefit Act; to amend Sections 31-6-4, 31-6-5, as last amended
by Act 2023-350, 2023 Regular Session, 31-6-6, and 31-6-11,
Code of Alabama 1975, to remove the Department of Defense
tuition assistance cap and in lieu thereof provide a tuition
cap of four hundred dollars ($400) per semester hour.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-6-4, 31-6-5, as last amended by
Act 2023-350, 2023 Regular Session, 31-6-6, and 31-6-11, Code
of Alabama 1975, are amended to read as follows:
"§31-6-4
(a) Any child whose father or mother:
(1) Was killed or died in line of duty or is listed as
missing in action or is or was a prisoner of war or whose
death or permanent total disabilities were service-connected
while serving as a member of the armed forces;
(2) Died from a disability incurred from military
service, as established by the State Department of Veterans'
Affairs, after having been discharged under conditions other
than dishonorable and after having served at least 90 days
consecutively in the armed forces prior to and/or subsequent
to the date on which the disability occurred, or who was
honorably discharged by reason of a qualifying
service-connected disability after serving less than 90 days;
(3) Was killed or died while on state active duty
status as defined in Section 31-12-1, or whose death results
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status as defined in Section 31-12-1, or whose death results
proximately and within three years from an injury received
while on state active duty status; or
(4) Has been assigned 100 percent permanent or total
disability rated by the United States Veterans'
Administration, or was discharged or retired from the armed
forces with a 40 percent or more disability and maintained
that percentage;
may attend any qualifying school for a period of five
standard academic years, not to exceed 45 months or the
equivalent of 45 months if enrolled part-time, pursuant to the
tuition reimbursement guidelines as provided in subsection
(c). Training under this section must be initiated prior to
the child's thirtieth birthday, and must be completed within
eight years after its initiation, except for delays caused by
military service during the training period, and in no case
may training be received under this chapter beyond the
thirty-eighth birthday of the child.
(b) The educational benefits provided by this section
to children making application for benefits for the first time
beginning with the fall term of the 2014-2015 academic year,
and thereafter, shall be limited to undergraduate courses of
study only, and the value of tuition paid shall be limited to
the in-state tuition rate of the qualifying school attended.
(c) For those first filing for benefits under this
chapter on or after July 31, 2017, and for those attending a
qualifying private school, the educational benefit shall be
for tuition reimbursement and books and fees reimbursement.
The value of tuition paid per semester hour (or equivalent)
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The value of tuition paid per semester hour (or equivalent)
shall be limited to the rate of the Department of Defense
Tuition Assistance Cap four hundred dollars ($400) . The value
of the books and fees paid per semester shall be limited to
one thousand dollars ($1,000) per student.
(d) For the purpose of the minimum disability
requirement provided for in subdivision (a)(4), the dependent
of any veteran whose disability rating as of July 31, 2017, is
at least 20 percent but less than 40 percent shall qualify for
the benefits of this chapter, provided that the dependent
shall file application for the benefits before July 31, 2023,
and the dependent is reasonably expected to be eligible to
attend a qualifying school in the next academic year."
"§31-6-5
(a) Any spouse or widow whose spouse, during their
marriage:
(1) Was killed or died in the line of duty or is listed
as missing in action or is or was a prisoner of war while
serving as a member of the armed forces;
(2) Died from a disability incurred from military
service;
(3) Was killed or died while on state active duty
status as defined in Section 31-12-1, or whose death results
proximately and within three years from an injury sustained
while on state active duty status; or
(4) Is 100 percent permanently and totally disabled,
whose permanent and total disabilities were service-connected;
shall be entitled to training in any qualifying school for a
period of five standard academic years, not to exceed 45
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period of five standard academic years, not to exceed 45
months, or to training for the equivalent of 45 months if
enrolled part-time, pursuant to the tuition reimbursement
guidelines as provided in subsection (c). One change of
program will be allowed without counseling. All training
received under this section must be completed within eight
years after its initiation. This section shall not apply to
the spouse of any deceased serviceman or veteran who has
remarried prior to applying for and obtaining educational
benefits under this section, and should any spouse of the
deceased serviceman or veteran remarry during the time he or
she is in attendance upon any of the qualifying schools
mentioned in this section, then he or she shall pay tuition
and fees for the course of study or attendance upon the
qualifying school from the time of the remarriage.
(b) The educational benefits provided by this section
to spouses and widows making application for benefits for the
first time beginning with the fall term of the 2014-2015
academic year, and thereafter, shall be limited to
undergraduate courses of study only, and the value of tuition
paid shall be limited to the in-state tuition rate of the
qualifying school attended.
(c) For those first filing for benefits under this
chapter on or after July 31, 2017, and for those attending a
qualifying private school, the educational benefit shall be
for tuition reimbursement and books and fees reimbursement.
The value of tuition paid per semester hour (or equivalent)
shall be limited to the rate of the Department of Defense
Tuition Assistance Cap four hundred dollars ($400) . The value
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Tuition Assistance Cap four hundred dollars ($400) . The value
of the books and fees paid per semester shall be limited to
one thousand dollars ($1,000) per student."
"§31-6-6
(a) The spouse and children of any veteran who is
suffering from 40 to 90 percent service-connected disability
brought about from service in the Armed Forces of the United
States, or the widow and children of a deceased veteran who
was suffering from 40 percent or more of service-connected
disability at the time of death, as established by the State
Department of Veterans' Affairs, shall be entitled to the
following educational advantages and opportunities:
(1) The spouse or widow shall be entitled to up to 27
months of schooling, or the equivalent of 27 months if
enrolled part-time, in any qualifying school, pursuant to the
tuition reimbursement guidelines as provided in subsection
(d). One change of program will be allowed without counseling.
All training received at qualifying schools under this
subdivision must be completed within a period of six years
after its initiation.
(2) Each child of a disabled veteran shall be entitled
to five standard academic years, or the equivalent of 45
months if enrolled part-time, in any qualifying school
pursuant to the tuition reimbursement guidelines as provided
in subsection (d). One change of program will be allowed
without counseling. Training under this subdivision must be
initiated prior to the child's twenty-sixth birthday, and must
be completed within eight years after its initiation, except
for delays caused by military service during the training
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for delays caused by military service during the training
period, and in no case may training be received under this
section beyond the thirty-fourth birthday of the child.
(b) For the purpose of the minimum disability
requirement provided for in subsection (a), the dependent of
any veteran whose disability rating as of July 31, 2017, is at
least 20 percent but less than 40 percent shall qualify for
the benefits of this chapter, provided that the dependent
shall file application for benefits before July 31, 2023, and
the dependent is reasonably expected to be eligible to attend
a qualifying school in the next academic year.
(c) The educational benefits provided by this section
to spouses, children, and widows making application for
benefits for the first time beginning with the fall term of
the 2014-2015 academic year, and thereafter, shall be limited
to undergraduate courses of study only, and the value of
tuition paid shall be limited to the in-state tuition rate of
the qualifying school attended.
(d) For those first filing for benefits under this
chapter on or after July 31, 2017, and for those attending a
qualifying private school, the educational benefit shall be
for tuition reimbursement and books and fees reimbursement.
The value of tuition paid per semester hour (or equivalent)
shall be limited to the rate of the Department of Defense
Tuition Assistance Cap four hundred dollars ($400) . The value
of the books and fees paid per semester shall be limited to
one thousand dollars ($1,000) per student."
"§31-6-11
(a) Before the application of a spouse, widow, or child
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(a) Before the application of a spouse, widow, or child
of a disabled veteran or a deceased veteran or serviceman for
educational benefits under this chapter is approved, proof,
satisfactory to the State Department of Veterans' Affairs,
must be submitted of all of the following:
(1) Establishing the identification of the spouse,
widow, or child as the spouse, widow, or child of the veteran
or serviceman, as the case may be.
(2) Of the veteran or serviceman having been a
permanent resident of the State of Alabama for at least one
year immediately prior to his or her entrance into service, or
if the applicant is the spouse, widow, or child of a totally
and permanently disabled veteran, then proof either of the
veteran's having been a permanent resident of the State of
Alabama for at least one year prior to his or her entrance
into service or proof that the veteran has been a bona fide
resident of this state for at least five years immediately
prior to the filing of the application for benefits under this
chapter or immediately prior to his or her death if the
veteran is deceased.
(3) Of the veteran or serviceman having been a
permanent resident of the State of Alabama for at least two
years immediately prior to the filing of the application for
benefits under this chapter or has filed an Alabama income tax
return as a resident individual for the previous 10 years or
is a current resident and was discharged from active duty
within the prior 12 months. If the veteran or serviceman is
deceased, his or her dependent may still qualify if the
veteran or serviceman met this residency requirement at the
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veteran or serviceman met this residency requirement at the
time of his or her death. Alabama income tax return
information, including, but not limited to, the type of return
filed, necessary to show the residency requirements under this
chapter have been met is hereby exempted from the
confidentiality provisions of Section 40-2A-10, and shall be
provided by the Department of Revenue to the State Department
of Veterans' Affairs upon request. Such requests and the
significance of the information provided shall be requested by
the State Department of Veterans' Affairs as necessary when
other residency information is not available, and the
department shall adopt rules and procedures to effect the
provisions of this section as needed.
(4) Of the spouse, widow, or child being a current
resident of the State of Alabama.
(5) An honorable discharge or other proof of honorable
termination of service of the veteran or serviceman in the
armed forces for a period of at least 90 days, or service of
less than 90 days if the veteran or serviceman was discharged
or released by reason of a qualifying service-connected
disability.
(b) For those first filing for benefits under this
chapter on or after July 31, 2017, and for those attending a
qualifying private school, the educational benefit shall be
for tuition reimbursement and books and fees reimbursement.
The value of tuition paid per semester hour (or equivalent)
shall be limited to the rate of the Department of Defense
Tuition Assistance Cap four hundred dollars ($400) . The value
of the books and fees paid per semester shall be limited to
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of the books and fees paid per semester shall be limited to
one thousand dollars ($1,000) per student."
Section 2. This act shall become effective on July 31,
2024.
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2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 02-Apr-24.
John Treadwell
Clerk
Senate 08-May-24 Amended and Passed
House 09-May-24 Concurred in Senate
Amendment
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