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S.B. 212
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8 LONG TITLE
9 General Description:
10 This bill provides a tuition waiver at all public institutions of higher education for
11 disabled service members, and spouses and children of service members killed or
12 disabled in federal service on or after January 1, 2002.
13 Highlighted Provisions:
14 This bill:
15 . defines "service member";
16 . defines "killed" and "disabled";
17 . provides that the surviving spouse and children of service members killed while on
18 federal active service shall receive tuition waivers at public institutions of higher
19 education under specific circumstances;
20 . provides that the spouse and children of service members at least 50% disabled
21 while on federal active service shall receive tuition waivers at public institutions of
22 higher education under specific circumstances; and
23 . provides that a service member who is at least 50% disabled shall receive tuition
24 waivers at public institutions of higher education.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 53B-8f-101, Utah Code Annotated 1953
32 53B-8f-102, Utah Code Annotated 1953
33 53B-8f-103, Utah Code Annotated 1953
34 53B-8f-104, Utah Code Annotated 1953
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53B-8f-101 is enacted to read:
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39 53B-8f-101. Title.
40 This chapter is known as the "Service Member and Dependent Tuition Act."
41 Section 2. Section 53B-8f-102 is enacted to read:
42 53B-8f-102. Definitions.
43 As used in this chapter:
44 (1) "Child" means an individual who:
45 (a) is a natural or adopted child of a deceased or disabled service member; and
46 (b) was under the age of 25 at the time of the service member's death or disability.
47 (2) "Disabled" means that the service member is at least 50% disabled, as determined
48 by the federal Department of Veterans' Affairs, and the service member's disability was the
49 direct and proximate result of a traumatic injury incurred while serving on federal active duty
50 on or after January 1, 2002.
51 (3) "Division" means the Division of Veteran's Affairs.
52 (4) "Killed" means that the service member's death is the direct and proximate result of
53 a traumatic injury incurred while serving on federal active duty on or after January 1, 2002.
54 (5) "Service member" means:
55 (a) any member of the Utah National Guard serving on active military service in an
56 organized military unit; or
57 (b) any member of a reserve unit located within the state.
58 (6) "State institution of higher education" means those institutions designated in
59 Section 53B-1-102 .
60 (7) "Traumatic injury" means a wound or the condition of the body caused by external
61 force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object, or other
62 physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease,
63 radiation, or bacteria.
64 (8) "Tuition" means tuition at the rate charged for residents of the state.
65 Section 3. Section 53B-8f-103 is enacted to read:
66 53B-8f-103. Tuition waivers for spouses and children of service members killed or
67 disabled on active duty -- Qualifications -- Limitations.
68 (1) Beginning in the 2006-07 academic year, and subject to the limitations in
69 Subsections (2), (3), and (4) a state institution of higher education shall waive tuition for each
70 child and spouse of a service member who is or has been killed or disabled, and any service
71 member who is disabled, while on active federal service if the individual meets the following
72 requirements:
73 (a) applies, qualifies, and is admitted as a full-time, part-time, or summer school
74 student in a program of study leading to a degree or certificate;
75 (b) is a resident student of the state as determined under Section 53B-8-102 ;
76 (c) applies to the division for a waiver of tuition under this chapter and provides
77 evidence satisfactory to the division that:
78 (i) the applicant was a service member disabled while on active federal service;
79 (ii) the applicant is the surviving spouse or child of a service member who was killed
80 or the spouse or child of a service member who was disabled while on active federal service;
81 (iii) the course or courses for which the applicant is seeking a tuition waiver meet the
82 requirements of Subsection (2); and
83 (iv) the applicant meets the other requirements of this section;
84 (d) for a child of a service member killed or disabled while on active federal service,
85 applies under Subsection (1)(c) for the first time before the age of 25;
86 (e) is certified by the financial aid officer at the higher education institution as needing
87 the tuition waiver in order to meet recognized educational expenses, with the understanding
88 that if the applicant's family income, excluding any income from death benefits attributable to
89 the service member's death or disability, is below 400% of the poverty level under federal
90 poverty guidelines, income from any death or disability benefits accruing to the applicant as a
91 result of the death or disability may not be counted as family income in determining financial
92 need under this Subsection (1)(e);
93 (f) maintains satisfactory academic progress, as defined by the institution of higher
94 education, for each term or semester in which the individual is enrolled, which may be
95 measured by the definition used for federal student assistance programs under Title IV of the
96 Higher Education Act of 1965; and
97 (g) has not achieved a bachelor's degree and has received tuition reimbursement under
98 this chapter for less than 124 semester credits or 180 quarter credits at an institution of higher
99 education.
100 (2) The applicant shall be eligible for a tuition waiver under this section of not more
101 than nine semesters or the equivalent number of quarters.
102 (3) Tuition shall be waived only to the extent that the tuition is not covered or paid by
103 any scholarship, trust fund, statutory benefit, or any other source of tuition coverage available
104 for a waiver under this chapter.
105 (4) An institution of higher education shall waive tuition under this chapter only for
106 courses that are applicable toward the degree or certificate requirements of the program in
107 which the child or spouse is enrolled.
108 Section 4. Section 53B-8f-104 is enacted to read:
109 53B-8f-104. Notice of tuition waiver approval -- Annual appropriation.
110 (1) Upon receiving an application under Subsection 53B-8f-103 (1)(c), the division
111 shall determine whether the applicant and the courses for which tuition waiver is sought meet
112 the requirements of Section 53B-8f-103 and, if so, shall approve the application and notify the
113 higher education institution that the application has been approved.
114 (2) The division shall provide the necessary forms and applications and cooperate with
115 the state's institutions of higher education in developing efficient procedures for the
116 implementation of this chapter.
117 (3) The division shall annually report to the Legislature's Higher Education
118 Appropriations Subcommittee on the number of individuals for whom tuition has been waived
119 at each institution and the total amounts paid under this chapter for the fiscal year.
120 (4) The Legislature shall annually appropriate the funds necessary to implement this
121 chapter, including moneys to offset the tuition waivers at each institution.
Legislative Review Note
as of 2-7-06 8:54 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.