House Study Bill 329 - Introduced 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 1 fees at regents institutions and community colleges for 2 peace officers and their legal dependents and making 3 appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2529YC (2) 91 je/jh
H.F. _____ Section 1. NEW SECTION . 256.231 Peace officer tuition 1 waiver reimbursement fund appropriation. 2 1. A peace officer tuition waiver reimbursement fund is 3 created in the state treasury as a separate fund under the 4 control of the commission. Moneys deposited in the fund are 5 appropriated to the commission for the purpose of reimbursing 6 institutions of higher education governed by the state board 7 of regents and community colleges for the cost of waivers of 8 tuition and mandatory fees for peace officers and their legal 9 dependents under chapter 260K and chapter 262, subchapter 10 XVIII. 11 2. The commission shall establish a process whereby an 12 institution or community college may apply to the commission 13 for reimbursement of the cost of waivers of tuition and 14 mandatory fees for peace officers and their legal dependents 15 under chapter 260K and chapter 262, subchapter XVIII. The 16 process shall include but is not limited to application 17 timelines, procedures for documentation of costs, and 18 procedures for the proration of reimbursements if the moneys 19 available in the peace officer tuition waiver reimbursement 20 fund are insufficient or anticipated to be insufficient to 21 cover the full cost of reimbursements in a fiscal year. 22 3. Notwithstanding section 8.33, moneys appropriated to the 23 fund that remain unencumbered or unobligated shall not revert 24 at the close of the fiscal year but shall remain in the fund and 25 shall remain available for expenditure for the purpose of this 26 section. 27 Sec. 2. NEW SECTION . 260K.1 Definitions. 28 As used in this chapter, unless the context otherwise 29 requires: 30 1. Community college means a community college established 31 under chapter 260C. 32 2. Legal dependent means a person considered a legal 33 dependent of a peace officer for purposes of the free 34 application for federal student aid. 35 -1- LSB 2529YC (2) 91 je/jh 1/ 9
H.F. _____ 3. Peace officer means the same as defined in section 1 801.4. 2 Sec. 3. NEW SECTION . 260K.2 Tuition and fee waiver for 3 peace officers. 4 1. A community college shall waive tuition and mandatory 5 fees for a peace officer to whom all of the following apply: 6 a. The officer is a resident of Iowa. 7 b. The officer is certified through the Iowa law enforcement 8 academy and such certification has not been revoked or 9 suspended. 10 c. The officer meets all admission requirements of the 11 community college. 12 d. The officer is pursuing a degree that relates to a career 13 in law enforcement. 14 e. The officer submits to the community college 15 documentation showing proof of employment as a peace officer 16 and proof of residence in Iowa each year the officer applies 17 for and receives the tuition waiver. 18 2. A peace officer may receive the tuition waiver for up to 19 three years if the officer continues to meet the requirements 20 of this chapter. The three years of eligibility start once the 21 officer applies for and receives the tuition waiver for the 22 first time and continue for the next three consecutive years. 23 Sec. 4. NEW SECTION . 260K.3 Tuition and fee waiver for 24 legal dependents of peace officers. 25 1. A community college shall waive tuition and mandatory 26 fees for a legal dependent of a peace officer to whom all of the 27 following apply: 28 a. The dependent is a resident of Iowa. 29 b. The dependent executes an agreement with the community 30 college that provides for all of the following: 31 (1) The dependent will reside in Iowa for at least five 32 years after the dependent receives a degree from the community 33 college. 34 (2) To demonstrate the dependents compliance with 35 -2- LSB 2529YC (2) 91 je/jh 2/ 9
H.F. _____ subparagraph (1), the dependent will file a tax return with the 1 department of revenue for each year of the five-year period 2 and provide proof of such filing to the community college in a 3 manner prescribed by the community college. 4 (3) If the dependent fails to comply with subparagraph (1) 5 or (2), the dependent agrees to repay the community college 6 the amount of any waiver received by the dependent under this 7 section upon request. 8 c. The dependent has not previously earned an associate or 9 baccalaureate degree. 10 d. The dependent completes and submits a free application 11 for federal student aid. 12 e. The dependent submits to the community college 13 documentation showing proof of the peace officers employment 14 as a peace officer and current certification by the Iowa law 15 enforcement academy and proof of the officers and dependents 16 residence in Iowa each year the legal dependent applies for and 17 receives the tuition waiver. 18 2. The legal dependent may receive the tuition waiver for 19 up to three years if the legal dependent continues to meet 20 the requirements of this chapter. The three years of tuition 21 waiver eligibility start once the legal dependent applies for 22 and receives the tuition waiver for the first time and continue 23 for the next three consecutive years. 24 3. The death of a peace officer in the line of duty that 25 occurs after an otherwise eligible legal dependents submission 26 of an application for a tuition waiver shall not disqualify 27 the dependent from receiving the tuition waiver. In such 28 case, in lieu of the requirements of subsection 1, paragraph 29 e , the legal dependent shall submit verification in a manner 30 prescribed by the community college from the officers employer 31 attesting to all of the following: 32 a. At the time of the officers death, the employer was 33 employing the officer as a peace officer. 34 b. The officer died in the line of duty. 35 -3- LSB 2529YC (2) 91 je/jh 3/ 9
H.F. _____ Sec. 5. NEW SECTION . 260K.4 Tuition waiver amount and 1 eligibility. 2 The community college shall waive one hundred percent of 3 the officers or legal dependents tuition and mandatory fees 4 remaining due after subtracting awarded federal financial 5 aid grants and state scholarships and grants during the 6 time the officer or legal dependent is enrolled. To remain 7 eligible, the officer or legal dependent must comply with all 8 requirements of the community college for continued attendance 9 and award of a degree. 10 Sec. 6. NEW SECTION . 260K.5 Documented verification. 11 An application for the tuition waiver by a peace officer 12 or legal dependent must include documented verification of 13 the officers or dependents satisfaction of section 260K.2, 14 subsection 1, or section 260K.3, subsection 1, as applicable, 15 in a manner prescribed by the community college. The officer 16 or dependent shall include such verification when the officer 17 or legal dependent is initially applying to the community 18 college to obtain a tuition waiver and subsequently as 19 determined by the community college. 20 Sec. 7. NEW SECTION . 260K.6 Notice of eligibility decision. 21 A community college shall send written notice of the peace 22 officers or legal dependents eligibility or ineligibility 23 for the tuition waiver after receiving an application for a 24 waiver. If the officer or legal dependent is determined not to 25 be eligible for the tuition waiver, the notice shall include 26 the reason or reasons for such determination. 27 Sec. 8. NEW SECTION . 262.105 Definitions. 28 As used in this subchapter, unless the context otherwise 29 requires: 30 1. Institution means an institution of higher education 31 governed by the state board of regents. 32 2. Legal dependent means a person considered a legal 33 dependent of a peace officer for purposes of the free 34 application for federal student aid. 35 -4- LSB 2529YC (2) 91 je/jh 4/ 9
H.F. _____ 3. Peace officer means the same as defined in section 1 801.4. 2 Sec. 9. NEW SECTION . 262.106 Tuition and fee waiver for 3 peace officers. 4 1. An institution shall waive undergraduate tuition and 5 mandatory fees for a peace officer to whom all of the following 6 apply: 7 a. The officer is a resident of Iowa. 8 b. The officer is certified through the Iowa law enforcement 9 academy and such certification has not been revoked or 10 suspended. 11 c. The officer meets all admission requirements of the 12 institution. 13 d. The officer is pursuing a degree that relates to a career 14 in law enforcement. 15 e. The officer submits to the institution documentation 16 showing proof of employment as a peace officer and proof 17 of residence in Iowa each year the officer applies for and 18 receives the tuition waiver. 19 2. A peace officer may receive the tuition waiver for up to 20 five years if the officer continues to meet the requirements 21 of this chapter. The five years of eligibility start once the 22 officer applies for and receives the tuition waiver for the 23 first time and continue for the next five consecutive years. 24 Sec. 10. NEW SECTION . 262.107 Tuition and fee waiver for 25 legal dependents of peace officers. 26 1. An institution shall waive undergraduate tuition and 27 mandatory fees for a legal dependent of a peace officer to whom 28 all of the following apply: 29 a. The dependent is a resident of Iowa. 30 b. The dependent executes an agreement with the institution 31 that provides for all of the following: 32 (1) The dependent will reside in Iowa for at least 33 five years after the dependent receives a degree from the 34 institution. 35 -5- LSB 2529YC (2) 91 je/jh 5/ 9
H.F. _____ (2) To demonstrate the dependents compliance with 1 subparagraph (1), the dependent will file a tax return with the 2 department of revenue for each year of the five-year period and 3 provide proof of such filing to the institution in a manner 4 prescribed by the institution. 5 (3) If the dependent fails to comply with subparagraph 6 (1) or (2), the dependent agrees to repay the institution the 7 amount of any waiver received by the dependent under this 8 section upon request. 9 c. If the dependent is pursuing an associate degree, 10 the dependent has not previously earned an associate or 11 baccalaureate degree. If the dependent is pursuing a 12 baccalaureate degree, the dependent has not previously earned 13 a baccalaureate degree. 14 d. The dependent completes and submits a free application 15 for federal student aid. 16 e. The dependent submits to the institution documentation 17 showing proof of the peace officers employment as a peace 18 officer and current certification by the Iowa law enforcement 19 academy and proof of the officers and dependents residence 20 in Iowa each year the legal dependent applies for and receives 21 the tuition waiver. 22 2. The legal dependent may receive the tuition waiver for 23 up to five years if the legal dependent continues to meet the 24 requirements of this chapter. The five years of tuition waiver 25 eligibility start once the legal dependent applies for and 26 receives the tuition waiver for the first time and continue for 27 the next five consecutive years. 28 3. The death of a peace officer in the line of duty that 29 occurs after an otherwise eligible legal dependents submission 30 of an application for a tuition waiver shall not disqualify 31 the dependent from receiving the tuition waiver. In such 32 case, in lieu of the requirements of subsection 1, paragraph 33 e , the legal dependent shall submit verification in a manner 34 prescribed by the institution from the officers employer 35 -6- LSB 2529YC (2) 91 je/jh 6/ 9
H.F. _____ attesting to all of the following: 1 a. At the time of the officers death, the employer was 2 employing the officer as a peace officer. 3 b. The officer died in the line of duty. 4 Sec. 11. NEW SECTION . 262.108 Tuition waiver amount and 5 eligibility. 6 The institution shall waive one hundred percent of the 7 officers or legal dependents tuition and mandatory fees 8 remaining due after subtracting awarded federal financial 9 aid grants and state scholarships and grants during the 10 time the officer or legal dependent is enrolled. To remain 11 eligible, the officer or legal dependent must comply with all 12 requirements of the institution for continued attendance and 13 award of a degree. 14 Sec. 12. NEW SECTION . 262.109 Documented verification. 15 An application for the tuition waiver by a peace officer 16 or legal dependent must include documented verification of 17 the officers or dependents satisfaction of section 262.106, 18 subsection 1, or section 262.107, subsection 1, as applicable, 19 in a manner prescribed by the institution. The officer or 20 dependent shall include such verification when the officer or 21 legal dependent is initially applying to the institution to 22 obtain a tuition waiver and subsequently as determined by the 23 institution. 24 Sec. 13. NEW SECTION . 262.110 Notice of eligibility 25 decision. 26 An institution shall send written notice of the peace 27 officers or legal dependents eligibility or ineligibility 28 for the tuition waiver after receiving an application for a 29 waiver. If the officer or legal dependent is determined not to 30 be eligible for the tuition waiver, the notice shall include 31 the reason or reasons for such determination. 32 Sec. 14. NEW SECTION . 321P.10 Surcharge. 33 A surcharge of ten dollars is imposed on each citation issued 34 using a system. A local authority shall transfer all moneys 35 -7- LSB 2529YC (2) 91 je/jh 7/ 9
H.F. _____ collected pursuant to this section to the treasurer of state on 1 a monthly basis for deposit in the peace officer tuition waiver 2 reimbursement fund created in section 256.231. 3 Sec. 15. IMPLEMENTATION OF ACT. The funds generated as 4 a result of the enactment of this Act are intended to cover 5 the costs of any state mandate included in this Act and this 6 specification of state funding shall be deemed to meet all the 7 state funding-related requirements of section 25B.2, subsection 8 3, and no additional state funding shall be necessary for the 9 full implementation of this Act by, and enforcement of this Act 10 against, all affected political subdivisions. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanations substance by the members of the general assembly. 14 This bill requires institutions of higher education governed 15 by the state board of regents and community colleges to waive 16 tuition and mandatory fees for peace officers, as defined in 17 the bill. The bill provides requirements to receive such a 18 waiver, including residency in Iowa, current certification 19 through the Iowa law enforcement academy, meeting admission 20 requirements, and pursuing a degree that relates to a career 21 in law enforcement. The bill provides for a similar waiver of 22 tuition and mandatory fees for the legal dependent of a peace 23 officer. A legal dependent must agree to reside in Iowa for 24 five years after receiving a degree or repay the amount of the 25 waiver. A waiver lasts for five years at a regents institution 26 and three years at a community college. The bill provides 27 procedures for applying for and retaining eligibility for such 28 waivers. 29 The bill creates a peace officer tuition waiver 30 reimbursement fund in the state treasury under the control of 31 the college student aid commission. The bill appropriates 32 moneys deposited in the fund to the commission for the purpose 33 of reimbursing regents institutions and community colleges for 34 the cost of waivers of tuition and mandatory fees under the 35 -8- LSB 2529YC (2) 91 je/jh 8/ 9
H.F. _____ bill. The bill directs the commission to establish a process 1 whereby a regents institution or community college may apply to 2 the commission for reimbursement of such costs. 3 The bill imposes a surcharge of $10 on citations issued by 4 local authorities using automated or remote systems for traffic 5 law enforcement under Code chapter 321P. The bill requires 6 local authorities to transfer such moneys to the treasurer 7 of state for deposit in the peace officer tuition waiver 8 reimbursement fund. 9 The bill may include a state mandate as defined in Code 10 section 25B.3. The bill provides that funds generated in the 11 bill are intended to cover the costs of any state mandate 12 included in the bill. The inclusion of this specification 13 of state funding is intended to reinstate the requirement 14 of political subdivisions to comply with any state mandates 15 included in the bill. 16 -9- LSB 2529YC (2) 91 je/jh 9/ 9