SENATE SUBSTITUTE FOR

HB-5451, As Passed House, June 12, 2014HB-5451, As Passed Senate, June 12, 2014

HOUSE BILL NO. 5451

A bill to provide for tuition assistance at certain

educational institutions for Michigan national guard members; and

to prescribe duties for certain state officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"Michigan national guard tuition assistance act".

Sec. 2. As used in this act:

(a) "Active service" means that term as defined in section 105

of the Michigan military act, 1967 PA 150, MCL 32.505.

(b) "Adjutant general" means the adjutant general of this

state.

classes, in which an eligible person is enrolled for the purpose of

House Bill No. 5451 as amended June 12, 2014

obtaining a not-yet-completed training program, obtaining a not-

yet-completed certificate program, or obtaining a not-yet-completed

associate, bachelor's, or master's degree.

(d) "Eligible educational institution" means a public or

private college, university, vocational school, technical school,

or trade school located in this state.

(e) "Eligible person" means a member of the Michigan national

guard who meets all of the following conditions:

(i) Is in active service.

(ii) Is not absent without leave or under charges described in

the Michigan code of military justice of 1980, 1980 PA 523, MCL

32.1001 to 32.1148.

(iii)>> Any other criteria determined by the adjutant general

consistent with Michigan national guard recruiting and retention

requirements.

(f) "Fund" means the Michigan national guard tuition

assistance fund created in section 4.

(g) "Tuition" means the cost of a course of study at an

eligible educational institution, including the cost of

instructional fees, laboratory fees, computer fees, and other fees

directly related to that eligible person's specific course of study

at that eligible educational institution. Tuition does not include

the cost of books and study materials.

(h) "Tuition assistance program" means the Michigan national

guard tuition assistance program created in section 3.

Sec. 3. (1) The Michigan national guard tuition assistance

program is created within the department of military and veterans

affairs.

(2) The adjutant general shall administer the tuition

assistance program and prescribe forms and procedures to

effectively carry out the tuition assistance program.

(3) An eligible person may apply for tuition assistance from

the tuition assistance program before enrolling in an eligible

educational institution. The adjutant general shall approve the

application if the applicant is an eligible person and if there is

sufficient money in the fund to cover the amount of tuition

assistance determined to be available under this subsection by the

adjutant general in that academic year. The adjutant general shall

determine the amount of tuition assistance that may be provided

under this subsection in any academic year. The amount of tuition

assistance determined by the adjutant general under this subsection

shall apply to all eligible persons.

(4) If an eligible person has enrolled in an eligible

educational institution and has not applied for and received

tuition assistance from the tuition assistance program, the

eligible person may apply for tuition assistance for tuition paid

to the eligible educational institution in that current academic

year. The adjutant general shall approve the application if the

applicant is an eligible person and if there is sufficient money in

the fund to cover the amount of tuition assistance determined to be

available under this subsection by the adjutant general in that

academic year. The adjutant general shall determine the amount of

House Bill No. 5451 as amended June 12, 2014

tuition assistance that may be provided under this subsection in

any academic year. The amount of tuition assistance determined by

the adjutant general under this subsection shall apply to all

eligible persons.

(5) The tuition assistance program applies to any course of

study that is intended to culminate in vocational or technical

training, a certificate, or the eligible person's first associate

degree, bachelor's degree, or master's degree.

(6) The tuition assistance program applies to an eligible

person notwithstanding any other educational incentive or benefit

received by the eligible person under any other educational

assistance program provided by any other law.

(7) Upon completion of a course of study, an eligible person

who successfully applied for << >> tuition assistance

under

subsection (3) or (4) shall provide evidence of attendance and

completion of the course of study <<with a minimum grade point

average of 2.0 on a 4.0 scale, as applicable, in that current

semester,>> in a manner prescribed by the

adjutant general.

(8) <<If an>> eligible person who received tuition assistance

under

subsection (3) or who received reimbursement for the cost of

tuition under subsection (4) << >> did not complete the

course of

study for which it was granted<<, that eligible person>> shall

reimburse the fund in an

amount and in a manner prescribed by the adjutant general <<unless the

eligible person was deployed in a state or federal status that resulted

in the eligible person's inability to complete the course of study. In

that case, the matter shall be determined by the adjutant general>>.

Sec. 4. (1) The Michigan national guard tuition assistance

fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from the fund.

(3) The balance of money in the fund shall not exceed

$10,000,000.00. Any balance of money in the fund in excess of

$10,000,000.00 shall lapse to the general fund. Money in the fund

at the close of the fiscal year shall remain in the fund and,

except as otherwise provided in this subsection, shall not lapse to

the general fund.

(4) The department of military and veterans affairs shall be

the administrator of the fund for auditing purposes.

(5) The adjutant general shall expend money from the fund to

provide tuition assistance to an eligible person for the cost of

tuition to an eligible educational institution under section 3(3)

or to reimburse an eligible person for the cost of tuition paid to

an eligible educational institution under section 3(4) for a course

of study completed by the eligible person.