Bill Text: AZ HB2165 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Veteran education; fund; advisory committee
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-03-24 - Referred to Senate RULES Committee [HB2165 Detail]
Download: Arizona-2015-HB2165-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2165 |
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AN ACT
amending title 41, chapter 3, article 7, Arizona Revised Statutes, by adding section 41‑608.06; amending title 43, chapter 10, article 5, Arizona Revised Statutes, by adding section 43-1086.01; relating to veterans education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 41-608.06, to read:
41-608.06. Post-9/11 veteran education relief fund; advisory committee; definitions
A. The post-9/11 veteran education relief fund is established consisting of private donations, grants, bequests and any other monies received for that purpose. The department shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. The monies in the fund are continuously appropriated to the department solely for the purposes described in this section.
B. The post-9/11 veteran education relief advisory committee is established to determine appropriate uses of the monies in the post-9/11 veteran education relief fund as provided in this section. The advisory committee consists of the director or the director's designee and the following members:
1. one member who is designated by the Arizona Board of Regents.
2. one member who holds an Arizona teacher or substitute teacher certification whose teaching experience includes college level or HIGH SCHOOL education.
3. one retired or currently serving active duty National Guard or Reserve military member who has served as a command career counselor or in a regular assignment that included duty for oversight of training or education programs.
4. two members from the general public who HAVE professional or work experience THAT includes human resource development.
5. one member from AN education profession WHO IS employed by a public or private school entity.
6. two members WHO ARE military members INCLUDING active National Guard or Reserve MEMBERS, military retirees as defined IN SECTION 38-942, veterans who are members of veteran organizations under the Arizona board of regents, veterans who have a service-connected disability OR their family members.
c. Except for the director, the governor shall appoint the members based on recommendations by the director, the adjutant general, the Arizona board of regents and commanders of military bases or reserve centers in this state. Appointed members serve at the pleasure of the governor FOR a term of service of two years that MAY be extended or renewed by THE governor at the recommendation of the director. The advisory committee shall elect a chairperson from among the appointed members.
D. The advisory committee shall:
1. Establish criteria for the use of monies in the fund.
2. Establish and revise as necessary the application process for financial assistance.
3. Review and evaluate applications.
4. Make other recommendations as necessary.
E. The advisory committee may meet in executive session, with notice pursuant to section 38-431.02, to review and evaluate applications. Applications for financial assistance and all committee considerations and evaluations of the applications are confidential.
F. The monies in the fund shall be used to provide financial assistance pursuant to this subsection. A qualifying military veteran may apply for financial assistance for the cost of tuition at a university under the jurisdiction of the Arizona board of regents that is a veteran supportive campus as defined in section 41‑609. The assistance shall be based on financial need up to the amount of tuition that the qualifying military veteran was charged in the last year that the veteran received benefits under the post-9/11 veterans educational assistance act of 2008 (P.L. 110‑252). Tuition assistance payments shall be made directly to the university by the advisory committee.
g. THE ADVISORY COMMITTEE SHALL ADOPT RULES TO CARRY OUT THE PURPOSES OF THIS ARTICLE THAT INCLUDE ALL OF THE FOLLOWING:
1. MECHANISMS TO PUBLICIZE THE AVAILABILITY OF FINANCIAL ASSISTANCE TO POTENTIAL QUALIFYING MILITARY VETERANS.
2. INFORMATION ON CREDIT QUALIFICATION.
3. PROCEDURES TO ENSURE THAT FINANCIAL ASSISTANCE AWARDS MADE PRIOR TO WITHDRAWAL FROM A UNIVERSITY DUE TO MILITARY ACTIVATION REMAIN AVAILABLE UPON REENTRY TO A UNIVERSITY.
H. The director may allocate up to five percent of the donations received for administering the fund and the financial assistance program under this section, including the hiring of an employee to process applications and provide support to the committee. The department shall provide reasonable office space and other necessary resources for the employee.
I. The director shall receive private donations for deposit in the fund and issue receipts to the donors. Private donations may qualify for the purposes of income tax credits under section 43-1086.01. The director may receive donations in any amount, but donations that qualify for tax credits are subject to the limits prescribed by section 43-1086.01. Donations to the fund that otherwise qualify under the tax credit limits prescribed by section 43‑1086.01 but that exceed a combined total of one million dollars in any calendar year, on a first come first served basis, do not qualify for the income tax credits. The director shall provide the taxpayer a donation receipt, which shall include the taxpayer's full name and address, the last four digits of the taxpayer's social security number and the amount of the donation. The director shall designate on the donation receipt whether the donation qualifies under the limits prescribed by this subsection and section 43-1086.01. The director shall send a record of receipts that qualify under this subsection to the department of revenue.
J. On or before March 31 of each year, the director shall provide an audit by an independent certified public accountant of the fund and of the aggregate amount authorized by the director for income tax credits under subsection G of this section. The director shall promptly submit a certified copy of the audit to the auditor general. The auditor general may make further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title. If the auditor general does not take further action within thirty days after the audit is filed, the audit is considered to be sufficient. The director shall pay the costs of the certified public accountant and the auditor general from the administration allocation under subsection F of this section.
K. For the purposes of this section "QUALIFYING MILITARY VETERAN" MEANS A PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:
1. IS ELIGIBLE FOR IN-STATE TUITION STATUS PURSUANT TO SECTION 15‑1802, SUBSECTION G.
2. IS ATTENDING A UNIVERSITY UNDER THE JURISDICTION OF THE ARIZONA BOARD Of REGENTS that is a veteran supportive campus as defined in section 41‑609.
3. MAINTAINS A GRADE POINT AVERAGE OF AT LEAST 2.2 ON A 4.0 SCALE, OR THE EQUIVALENT.
4. HAS QUALIFIED FOR BENEFITS UNDER THE POST-9/11 VETERANS EDUCATIONAL ASSISTANCE ACT OF 2008 (P.L. 110-252).
5. HAS NOT TRANSFERRED ANY PORTION OF THE PERSON'S BENEFITS UNDER THE PROGRAM TO A DEPENDENT.
6. IS WITHIN ONE YEAR OF COMPLETION OF THE PERSON'S FIRST BACCALAUREATE DEGREE AS A FULL-TIME STUDENT OR WITHIN TWO YEARS OF COMPLETION OF THE PERSON'S FIRST BACCALAUREATE DEGREE AS A PART-TIME STUDENT.
Sec. 2. Title 43, chapter 10, article 5, Arizona Revised Statutes, is amended by adding section 43-1086.01, to read:
43-1086.01. Credit for donation to the post-9/11 veteran education relief fund
A. A credit is allowed against the taxes imposed by this title for cash contributions made by a taxpayer during the taxable year to the post‑9/11 veteran education relief fund established in section 41-608.06. The amount of the credit is the lowest of the following amounts, as applicable:
1. The total amount of contributions to the fund by the taxpayer during the taxable year.
2. Two hundred dollars of contributions during the taxable year by a taxpayer filing as a single individual or a head of household.
3. Four hundred dollars of contributions during the taxable year by a married couple filing a joint return.
4. The taxpayer's tax liability for the taxable year.
B. A husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half of the tax credit that would have been allowed on a joint return.
