Kentucky 2024 Regular Session

Kentucky House Bill HB409 Latest Draft

Bill / Introduced Version

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AN ACT relating to military-connected educational benefits. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 164.507 is amended to read as follows: 3 
(1) The nonremarried spouse, regardless of age, and any child, stepchild, or orphan, 4 
under the age of twenty-six (26), of a deceased veteran shall not be required to pay 5 
any matriculation or tuition fees upon admission to any state-supported university, 6 
junior college, or vocational training institute for a period not in excess of forty-five 7 
(45) months[ in order to obtain a diploma, nor in excess of the lesser number of 8 
months required for a certificate of completion], if the deceased parent or spouse: 9 
(a) 1. Served in the Armed Forces of the United States during a national 10 
emergency, wars declared by Congress, or actions of the United 11 
Nations;[ or] 12 
2. Died while on active duty in the Armed Forces of the United States 13 
regardless of wartime service; or 14 
3. Died as a result of a service-connected disability acquired while on 15 
active duty with the Armed Forces of the United States regardless of 16 
wartime service; and 17 
(b) 1. Was a resident of the Commonwealth of Kentucky at the time of death; 18 
or 19 
2. Was married to a resident of Kentucky at the time of death; and 20 
3. If discharged, was under honorable conditions. 21 
(2) In order to obtain the benefits provided[conferred] by this section[subsection (1)], 22 
the parent-child relationship must be shown by birth certificate, adoption papers, 23 
marriage certificate, or other documentary evidence. A stepchild must have been a 24 
member of the veteran's household at the time of the veteran's death. The spousal 25 
relationship must be shown by a marriage certificate or other documentary 26 
evidence. The parent's or spouse's service and the cause of death must be evidenced 27  UNOFFICIAL COPY  	24 RS BR 1462 
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by certification from the records of the Kentucky Department of Military Affairs, 1 
the United States Department of Veterans Affairs Records, or the Department of 2 
Defense of the United States. In the event one so admitted to a state-supported 3 
university, junior college, or vocational training institution under this section shall 4 
have obtained a cash scholarship paid or payable to the institution, from whatever 5 
source, the amount of the scholarship shall be applied to the credit of the applicant 6 
in the payment of incidental expenses of attendance at the institution, and any 7 
balance, if the terms of the scholarship permit, shall be returned to the applicant. 8 
(3) A student entitled to benefits provided in this section shall complete the Free 9 
Application for Federal Student Aid to determine the level of need and eligibility 10 
for federal and state financial aid programs. The amount of tuition waived shall 11 
not exceed the cost of tuition and mandatory fees at the institution less any 12 
federal grants received. 13 
Section 2.   KRS 164.515 is amended to read as follows: 14 
(1) The spouse, regardless of age, and any child, stepchild, or orphan, under the age of 15 
twenty-six (26), of a: 16 
(a) Permanently and totally disabled member of the Kentucky National Guard or 17 
Reserve Component injured while on state active duty, active duty for 18 
training, or inactive duty training;[, or a ] 19 
(b) Permanently and totally disabled war veteran;[, or a ] 20 
(c) Veteran with a fifty percent (50%) or higher[one hundred percent (100%)] 21 
service-connected disability rating[disabled veteran] regardless of wartime 22 
service;[, or ] 23 
(d) Prisoner of war; or  24 
(e) Member of the Armed Services declared missing in action; 25 
 shall not be required to pay any matriculation or tuition fees upon his or her 26 
admission to any state-supported institution of higher education or to any state-27  UNOFFICIAL COPY  	24 RS BR 1462 
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supported vocational training school for a period not in excess of forty-five (45) 1 
months[ in order to obtain a diploma, nor in excess of the lesser number of months 2 
required for a certificate of completion]. 3 
(2) To be entitled to benefits under this section the parent or stepparent of the child 4 
claiming benefits if living must be rated permanently and totally disabled for 5 
pension purposes or have a disability rating of fifty percent (50%) or higher[one 6 
hundred percent (100%) disabled] for compensation purposes by the United States 7 
Department of Veterans Affairs or the Department of Defense. If the veteran is 8 
deceased, the claim to benefits is to be based on the rating held by the veteran at the 9 
time of death or if a prisoner of war or missing in action, must have been declared 10 
as such by the Department of Defense. Members of the Kentucky National Guard 11 
must be rated at fifty percent (50%) or higher permanently [and totally ]disabled as 12 
provided in KRS Chapter 342. The parent's, stepparent's, or spouse's service and 13 
rating must be evidenced by certification from the records of the Kentucky 14 
Department of Military Affairs, United States Department of Veterans Affairs, or 15 
the Department of Defense of the United States. 16 
(3) The parent-child relationship must be shown by birth certificate, legal adoption 17 
papers, marriage certificate, or other documentary evidence. A stepchild must be a 18 
member of the veteran's household. The spousal relationship must be shown by a 19 
marriage certificate or other documentary evidence. 20 
(4) To entitle a spouse, child, stepchild, or orphan to benefit under this section the 21 
disabled member of the National Guard or Reserve Component veteran living or 22 
deceased must have served on state active duty, active duty for training, or inactive 23 
duty training or active duty with the Armed Forces of the United States, and his or 24 
her discharge must have been under honorable conditions. He or she must be a 25 
resident or, if deceased, have been a resident of the Commonwealth of Kentucky. 26 
(5) No provision of this section shall serve to deny these benefits to an eligible spouse, 27  UNOFFICIAL COPY  	24 RS BR 1462 
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child, stepchild, or orphan, who enlists, or who fulfills a military obligation, in the 1 
Armed Forces of the United States and is discharged under honorable conditions; 2 
the period of time spent in the military service to be compensated by like time, 3 
beyond the age of twenty-six (26) years if required, but not in excess of the period 4 
of enrollment as set forth in subsection (1) of this section. 5 
(6) The marriage of an eligible child, stepchild, or orphan, shall not serve to deny full 6 
entitlement to the benefits provided in this section. 7 
(7) A student entitled to benefits provided in this section shall complete the Free 8 
Application for Federal Student Aid to determine the level of need and eligibility 9 
for federal and state financial aid programs. The amount of tuition waived shall 10 
not exceed the cost of tuition and mandatory fees at the institution less any 11 
federal grants received. 12