Louisiana 2012 2012 Regular Session

Louisiana House Bill HB435 Engrossed / Bill

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Regular Session, 2012
HOUSE BILL NO. 435
BY REPRESENTATIVES LORUSSO, BROADWATER, BROWN, ABRAMSON,
ADAMS, ANDERS, ARMES, ARNOL D, BADON, BARRAS, BARROW,
BERTHELOT, BILLIOT, STUART BISHOP, WESLEY BISHOP, BROSSETT,
BURFORD, HENRY BURNS, TIM BURNS, BURRELL, CARMODY, CARTER,
CHAMPAGNE, CHANEY, CONNICK, COX, CROMER, DANAHAY, DIXON,
DOVE, EDWARDS, FANNIN, FOIL, FRANKLIN, GAINES, GAROFALO,
GEYMANN, GISCLAIR, GREENE, GUILLORY, GUINN, HARRIS, HARRISON,
HAVARD, HAZEL, HENRY, HENSGENS, HI LL, HODGES, HOFFMANN,
HOLLIS, HONORE, HOWARD, HUNTER, HUVAL , GIROD JACKSON,
KATRINA JACKSON, JAMES, JEFFERSON, JOHNSON, JONES, KLECKLEY,
LAMBERT, NANCY LANDRY, TERRY LANDRY, LEBAS, LEGER, LEOPOL D,
LIGI, LOPINTO, MACK, MILLER, MONTOUCET, MORENO, JAY MORRIS,
JIM MORRIS, NORTON, ORTEGO, PEARSON, PIERRE, PONTI, POPE, PRICE,
PUGH, PYLANT, REYNOLDS, RI CHARD, RICHARDSON, RITCHIE,
SCHEXNAYDER, SCHRODER, SEABAUGH, SHADOIN, SIMON, SMITH, ST.
GERMAIN, TALBOT, THIBAUT, THIERRY, THOMPSON, WHITNEY,
ALFRED WILLIAMS, PATRICK WILLIAMS, AND WILLMOTT
STUDENT/LOANS-SCHOLARSHP:  Provides scholarship opportunities to certain military
veterans
AN ACT1
To enact R.S. 17:2137(E), relative to resident classification for tuition purposes at public2
colleges and universities; to provide that certain veterans shall be entitled to resident3
classification for such purposes without regard to length of time of residency in the4
state; to provide conditions and limitations; to provide relative to implementation;5
to provide an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 17:2137(E) is hereby enacted to read as follows: 8
ยง2137. Tuition fees for members of the armed forces and dependents; and for9
certain individuals who have served in the armed forces; resident10
classification11
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HB NO. 435
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E.(1) Except for tuition charged to a veteran eligible for benefits under the1
Yellow Ribbon Program pursuant to a Yellow Ribbon Agreement between a public2
postsecondary education institution and the United States Department of Veteran3
Affairs under Title 38 U.S.C. Chapter 33, effective for the 2012-2013 academic year4
and thereafter, a student who is a resident of Louisiana and is enrolled in or is5
applying for enrollment in a Louisiana public college or university, who has served6
in the Armed Forces of the United States as defined by 10 U.S.C. 101(a)(4), and who7
also meets the requirements of Paragraph (2) of this Subsection is entitled to resident8
classification for tuition purposes without regard to length of time of residency in the9
state.10
(2) In addition to the provisions of Paragraph (1) of this Subsection, the11
student shall meet at least one of the following conditions to qualify for resident12
classification for tuition amount purposes:13
(a) Has served on active duty for a continuous period of no less than two14
years, and received an Honorable Discharge, as verified by a United States15
Department of Defense Form 214, within one year of enrolling in a Louisiana public16
college or university.17
(b) Is currently serving in a Reserve Component of the Armed Forces of the18
United States as defined by 10 U.S.C.101(c) and as verified by a memorandum from19
the student's commanding officer.20
(c) Has been assigned a service-connected disability by the United States21
Department of Veterans Affairs.22
(3) The Board of Regents and each public postsecondary education23
management board shall adopt rules and guidelines necessary to implement the24
provisions of this Subsection.25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If28 HLS 12RS-808	REENGROSSED
HB NO. 435
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Lorusso	HB No. 435
Abstract: Provides that a student who is a La. resident and who is enrolled in or is applying
for enrollment in a La. public college or university and who has served in the U.S.
Armed Forces and who meets certain other eligibility requirements shall be entitled
to resident classification for tuition purposes without regard to length of time of
residency in the state.
Present law provides for education of students in the state of La. Regulates public colleges,
universities, or other institutions of learning with regards to requirements for admission.
Provides that members of the armed forces and their dependents shall be entitled to resident
classification for tuition amount purposes without regard to length of time of residency in
the state.  Proposed law retains present law.
Proposed law additionally provides (beginning with the 2012-2013 academic year) that a
student who is a La. resident, who is enrolled in or is applying for enrollment in a La. public
college or university, who has served in the U.S. Armed Forces as defined by federal law (10
U.S.C. 101(a)(4)), and who meets certain other eligibility requirements, shall be entitled to
resident classification for tuition amount purposes without regard to length of time of
residency in the state. Proposed law does not apply to tuition charged a student under the
Yellow Ribbon Program (Title 38 U.S.C., Chapter 33).
Proposed law specifies that in addition to its other provisions, the student must meet at least
one of the following conditions:
(1)Has served on active duty for a continuous period of no less than two years, and
received an Honorable Discharge, as verified by a U.S. Dept. of Defense Form 214,
within one year of enrolling in a La. public college or university.
(2)Is currently serving in a Reserve Component of the U.S. Armed Forces as defined
by federal law (10 U.S.C. 101(c)) and as verified by a memorandum from the
student's commanding officer. 
(3)Has been assigned a service-connected disability by the U.S. Dept. of Veterans
Affairs.
Proposed law requires that the Board of Regents and each public postsecondary education
management board adopt rules and guidelines to implement its provisions.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:2137(E)) HLS 12RS-808	REENGROSSED
HB NO. 435
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Summary of Amendments Adopted by House
Committee Amendments Proposed by 	House Committee on Education to the original
bill.
1. Changes proposed law to make it applicable to a student who is enrolled in or is
applying to enroll in a La. public college or university, who has served in the
U.S. Armed Forces as defined by a specified federal law, and who also meets
other proposed law requirements rather than to make it applicable to a student
who is enrolled in a La. public college or university, who is a veteran, and who
meets other proposed law conditions.
2. Deletes proposed law provision defining the word "veteran" to mean a person
who meets at least one of the specified conditions in proposed law and provides
instead that the student must meet at least one of the specified conditions to
qualify for resident classification for tuition amount purposes.
3. Relative to the proposed law condition that the student is currently serving in a
Reserve Component of the U.S. Armed Forces, adds provision that such service
be verified by the student's commanding officer.
4. Makes technical corrections.
House Floor Amendments to the engrossed  bill.
1. Authorizes tuition and residency benefits of proposed law to be granted to
persons assigned a service-connected disability by the U.S. Dept. of Veterans
Affairs.
2. Provides an exception to proposed law for veterans eligible for benefits under the
Yellow Ribbon Program.
3. Requires persons qualifying for 	proposed law to be a resident of La.
4. Removes the requirement in proposed law that rules and guidelines for
implementation of proposed law be promulgated in accordance with the
Administrative Procedure Act.