First Substitute S.B. 44

Senator Luz Robles proposes the following substitute bill:

1 GI BILL TUITION GAP COVERAGE
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Luz Robles
5 House Sponsor: Val L. Peterson
6
7 LONG TITLE
8 General Description:
9 This bill provides grants to qualifying military veterans who have maximized certain
10 federal benefits.
11 Highlighted Provisions:
12 This bill:
13 . creates the GI Bill Tuition Gap Program, which provides recipients of the federal
14 Post-9/11 GI Bill benefits with additional grants to complete an associate's or
15 bachelor's degree at certain institutions of higher education when federal benefits
16 have been maximized;
17 . defines terms;
18 . directs the State Board of Regents to
19 . develop policies to implement and administer the program, within statutory
20 guidelines; and
21 . distribute the program money to institutions of higher education; and
22 . establishes time limits that qualified military veterans may receive program grants.
23 Money Appropriated in this Bill:
24 This bill appropriates:
25 . to the State Board of Regents - Student Assistance, as an ongoing appropriation:

26 . from the General Fund, $250,000, which is nonlapsing for fiscal year 2012-13.
27 Other Special Clauses:
28 This bill takes effect on July 1, 2012.
29 Utah Code Sections Affected:
30 ENACTS:
31 53B-13b-101, Utah Code Annotated 1953
32 53B-13b-102, Utah Code Annotated 1953
33 53B-13b-103, Utah Code Annotated 1953
34 53B-13b-104, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53B-13b-101 is enacted to read:
38 CHAPTER 13b. GI BILL TUITION GAP PROGRAM ACT
39 53B-13b-101. Title.
40 This chapter is known as the "GI Bill Tuition Gap Program Act."
41 Section 2. Section 53B-13b-102 is enacted to read:
42 53B-13b-102. Definitions.
43 As used in this chapter:
44 (1) "Federal program" means the Post-9/11 Veterans Educational Assistance Act of
45 2008, Pub. L. No. 110-252.
46 (2) "Institution of higher education" or "institution" means a:
47 (a) credit-granting higher education institution within the state system of higher
48 education; or
49 (b) private, nonprofit college or university in the state that is accredited by the
50 Northwest Association of Schools and Colleges.
51 (3) "Program" means the GI Bill Tuition Gap Program created in this chapter.
52 (4) (a) "Qualifying military veteran" means an individual who:
53 (i) is a resident student under Section 53B-8-102 and rules of the board;
54 (ii) is accepted into an institution with a program leading to an associate's degree or a
55 bachelor's degree;
56 (iii) has qualified for the federal program;

57 (iv) has maximized the federal benefit under the federal program; and
58 (v) has not completed an associate's degree or a bachelor's degree.
59 (b) "Qualifying military veteran" does not include a family member.
60 Section 3. Section 53B-13b-103 is enacted to read:
61 53B-13b-103. Establishment of the GI Bill Tuition Gap Program.
62 There is established a GI Bill Tuition Gap Program to serve qualifying military veterans
63 with tuition assistance at institutions of higher education when federal benefits under the
64 federal program are no longer available and a qualifying military veteran has not finished an
65 associate's or a bachelor's degree.
66 Section 4. Section 53B-13b-104 is enacted to read:
67 53B-13b-104. Guidelines for administration of the program.
68 (1) The board shall use the guidelines in this section to develop policies to implement
69 and administer the program.
70 (2) (a) The board shall allocate money appropriated for the program to institutions to
71 provide grants for qualifying military veterans.
72 (b) The board may not use program money for administrative costs or overhead.
73 (c) An institution may not use more an 3% of its program money for administrative
74 costs or overhead.
75 (d) Money returned to the board under Subsection (3)(b) shall be used for future
76 allocations to institutions.
77 (3) (a) An institution shall award a program grant to a qualifying military veteran on an
78 annual basis but distribute the money one quarter or semester at a time, with continuing awards
79 contingent upon the qualifying military veteran maintaining satisfactory academic progress as
80 defined by the institution in published policies or rules.
81 (b) At the conclusion of the academic year, money distributed to an institution that was
82 not awarded to a qualifying military veteran or used for allowed administrative purposes shall
83 be returned to the board.
84 (4) A qualifying military veteran may receive a program grant until the earlier of the
85 following occurs:
86 (a) the qualifying military veteran completes the requirements for an associate's or
87 bachelor's degree; or

88 (b) 12 months from the time when the qualifying military veteran receives an initial
89 program grant.
90 (5) A qualifying military veteran who receives a program grant may only use the grant
91 toward tuition at an institution of higher education in the state.
92 (6) The board may accept grants, gifts, bequests, and devises of real and personal
93 property from any source for the purpose of awarding grants to qualifying military veterans in
94 addition to those funded by the state.
95 Section 5. Appropriation.
96 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
97 following sums of money are appropriated from resources not otherwise appropriated, or
98 reduced from amounts previously appropriated, out of the funds or accounts indicated for the
99 fiscal year beginning July 1, 2012 and ending June 30, 2013. These are additions to any
100 amounts previously appropriated for fiscal year 2013.
101 To State Board of Regents - Student Assistance
102 From General Fund $250,000
103 Schedule of Programs:
104 GI Bill Tuition Gap Program $250,000
105 The Legislature intends that, under Section 63J-1-603 of the Utah Code, appropriations
106 under this section not lapse at the close of fiscal year 2013, the use of any non-lapsing funds is
107 limited to the GI Bill Tuition Gap Program.
108 Section 6. Effective date.
109 This bill takes effect on July 1, 2012.