SLS 23RS-35 REENGROSSED 2023 Regular Session SENATE BILL NO. 115 BY SENATORS BOUDREAUX, BARROW, BOUIE, CARTER, CATHEY, CONNICK, CORTEZ, DUPLESSIS, FESI, FIELDS, HARRIS, HENRY, HENSGENS, HEWITT, JACKSON, KLEINPETER, LUNEAU, MCMATH, MILLIGAN, FRED MILLS, ROBERT MILLS, MIZELL, PEACOCK, POPE, PRICE, SMITH, STINE, TALBOT, TARVER, WHITE AND WOMACK Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. VETERANS. Provides relative to educational benefits for children, spouses, and surviving spouses of certain veterans. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 29:288 and to enact R.S. 17:1686(D) and R.S. 29:771.1, relative 3 to educational benefits for children and spouses of certain veterans; to provide 4 definitions; to provide relative to eligibility; to provide for a veteran benefits and 5 services poster; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 29:288 is hereby amended and reenacted and R.S. 29:771.1 is hereby 8 enacted to read as follows: 9 §288. Educational benefits for children, spouses, and surviving spouses of veterans 10 A.(1) For the purpose of this Subsection, "qualified veteran" shall mean 11 a member of the armed forces of the United States of America who: 12 (a) Was either killed in action, died in active service from other causes, 13 is missing in action, is a prisoner of war, died as a result of a service-connected 14 disability incurred during a wartime period as defined in R.S. 29:251.2, or who, 15 prior to death, was rated ninety to one hundred percent service-connected 16 disabled by the United States Department of Veterans Affairs by evaluation of 17 the Rating Schedule or was determined by the department to be unemployable Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 115 SLS 23RS-35 REENGROSSED 1 as a result of a service-connected disability, and who was a resident of Louisiana 2 for a period of not less than twelve months immediately preceding entrance into 3 service or for a period not less than twenty-four months prior to the veteran's 4 death. 5 (b) Is rated ninety to one hundred percent service-connected disabled by 6 the United States Department of Veterans Affairs by evaluation of the Rating 7 Schedule or is determined by the department to be unemployable as a result of 8 a service-connected disability and has been a resident of Louisiana for a period 9 of not less than twenty-four months prior to the veteran's child's admission into 10 a program of education at a public postsecondary institution. 11 (2) Children, Any child, not less than sixteen nor more than twenty-five years 12 of age, spouses, and surviving spouses, within ten years from the date of eligibility, 13 of members of the armed forces of the United States of America who were killed in 14 action or died in active service from other causes or who are missing in action or 15 who are prisoners of war or who died as a result of a service-connected disability 16 incurred during a wartime period defined in R.S. 29:251.2 and who for a period of 17 not less than twelve months immediately preceding their entrance into service were 18 residents of this state and children not less than sixteen nor more than twenty-five 19 years of age of veterans rated ninety to one hundred percent service-connected 20 disabled by the United States Department of Veterans Affairs by evaluation of the 21 Rating Schedule and children not less than sixteen nor more than twenty-five years 22 of age of veterans who have been determined by the department to be unemployable 23 as a result of a service-connected disability of a qualified veteran may attend any 24 state college or university, including institutions under the jurisdiction of the Board 25 of Supervisors of Community and Technical Colleges public postsecondary 26 education institution within the state, without having to pay tuition, matriculation, 27 registration, laboratory, athletic, medical, and other school-imposed fees, including 28 but not limited to nonresidency and other special fees if the veteran has been a 29 resident of this state for a period of not less than twenty-four months immediately Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 115 SLS 23RS-35 REENGROSSED 1 preceding the dependent's admission into a program of education. 2 B.(1) For the purpose of this Subsection, "qualified veteran" shall mean 3 a member of the armed forces of the United States of America who: 4 (a) Was killed in action, died in active service from other causes, is 5 missing in action, is a prisoner of war, died as a result of a service-connected 6 disability incurred during a wartime period as defined in R.S. 29:251.2, or who, 7 prior to death, was rated ninety to one hundred percent service-connected 8 disabled by the United States Department of Veterans Affairs by evaluation of 9 the Rating Schedule or was determined by the department to be unemployable 10 as a result of a service-connected disability, and was a resident of Louisiana for 11 a period of not less than twelve months immediately preceding entrance into 12 service or for a period not less than twenty-four months prior to death. 13 (2) A spouse or surviving spouse of a qualified veteran, within ten years 14 from the date of eligibility, may attend any public postsecondary education 15 institution within the state, without having to pay tuition, matriculation, 16 registration, laboratory, athletic, medical, and other school-imposed fees, 17 including but not limited to nonresidency and other special fees. 18 C. The public postsecondary education institution shall not grant the 19 benefits provided under the provisions of this Section if the student has received 20 or is receiving the benefits provided under the provisions of R.S. 17:1686. 21 * * * 22 §771.1. Veteran benefits and services poster 23 A. The Louisiana Workforce Commission shall consult with the 24 department of veterans affairs to create and distribute a veteran's benefits and 25 services poster. The poster shall, at a minimum, include information regarding 26 the following services available to veterans: 27 (1) Contact and website information for the department of veterans 28 affairs and its services offered to veterans. 29 (2) Contact information for the United States Department of Veterans Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 115 SLS 23RS-35 REENGROSSED 1 Affairs Veterans Crisis Line. 2 (3) Mental health and substance abuse prevention resources. 3 (4) Veteran homelessness prevention resources. 4 (5) Veteran disability compensation and pension claims filing assistance. 5 (6) Educational, workforce, and training resources. 6 (7) Louisiana state property and military retiree pay tax exemptions 7 available to veterans. 8 (8) State veteran home and cemetery benefits. 9 B. Every employer in the state with more than fifty full-time equivalent 10 employees shall display the poster created pursuant to this Section in a 11 conspicuous place accessible to employees in the workplace. 12 Section 2. R.S. 17:1686(D) is hereby enacted to read as follows: 13 §1686. Scholarship for a child of a military person killed in performance of duty 14 * * * 15 D. The public postsecondary education institution shall not grant the 16 benefits provided under the provisions of this Section if the student has received 17 or is receiving the benefits provided under the provisions of R.S. 29:288. 18 Section 3. This Act shall become effective upon signature by the governor or, if not 19 signed by the governor, upon expiration of the time for bills to become law without signature 20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 21 vetoed by the governor and subsequently approved by the legislature, this Act shall become 22 effective on the day following such approval. The original instrument was prepared by Cheryl Serrett. The following digest, which does not constitute a part of the legislative instrument, was prepared by Thomas L. Tyler. DIGEST SB 115 Reengrossed 2023 Regular Session Boudreaux Present law (R.S. 29:288) provides for spouses and children of certain veterans who were killed in action, died during active service, died as a result of a service-connected disability, who are missing in action, or who are prisoners of war to receive a tuition and fee waiver at public postsecondary institutions. Proposed law allows the waiver to be granted to the spouses and children of deceased Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 115 SLS 23RS-35 REENGROSSED veterans who, prior to death, were rated ninety to one hundred percent disabled or determined to be unemployable as a result of a service-connected disability. Present law limits the waiver to veterans who had resided in Louisiana for at least 12 months prior to entrance into the service. Proposed law also allows the tuition and fee waiver to be granted to spouses or children of certain veterans who had been residents of Louisiana for at least 24 months prior to death. Present law further allows children of certain living disabled veterans to receive a tuition and fee waiver. Proposed law makes technical amendments relative to placement of provisions in present law. Present law (R.S. 17:1686) provides for a tuition waiver for certain children of deceased veterans who died as a result of injuries sustained in the course of duty. Proposed law prohibits postsecondary education institutions from providing tuition waivers to students under both provisions of law. Proposed law requires the Louisiana Workforce Commission to consult with the department of veterans affairs to create and distribute a veteran's benefits and services poster. Proposed law provides for the poster to include information regarding, at a minimum, the following services available to veterans: (1)Contact and website information for the department of veterans affairs and its services offered to veterans. (2)Contact information for the U.S. Department of Veterans Affairs Veterans Crisis Line. (3)Mental health and substance abuse prevention resources. (4)Veteran homelessness prevention resources. (5)Veteran disability compensation and pension claims filing assistance. (6)Educational, workforce, and training resources. (7)Louisiana state property and military retiree pay tax exemptions available to veterans. (8)State veteran home and cemetery benefits. Proposed law requires every employer in the state with more than 50 full-time equivalent employees to display the poster in a conspicuous place accessible to employees in the workplace. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 29:288; adds R.S. 17:1686(D) and R.S. 29:771.1) Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 115 SLS 23RS-35 REENGROSSED Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Education to the original bill 1. Provides for the creation and distribution of a veteran's benefits and services poster. 2. Requires every employer in the state with more than fifty full-time equivalent employees to display the poster in a conspicuous place accessible to employees in the workplace. Senate Floor Amendments to engrossed bill 1. Technical legislative bureau amendments. Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.