SENATE BILL No. 1140

 

 

November 8, 2018, Introduced by Senators HERTEL, GREGORY, HOOD, CONYERS, SCHMIDT    and ANANICH and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1996 PA 195, entitled

 

"Police officer's and fire fighter's survivor tuition grant act,"

 

by amending sections 2 and 3 (MCL 390.1242 and 390.1243), section 2

 

as amended by 2016 PA 295 and section 3 as amended by 2012 PA 470.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Academic year" means the period from September 1 of a

 

calendar year to August 31 of the next calendar year.

 

     (b) "Child" means an individual who is a natural or adopted

 

child of a deceased Michigan police officer or deceased Michigan

 

fire fighter and who was under the age of 21 at the time of the

 

Michigan police officer's or Michigan fire fighter's death.

 

     (c) "Department" means the department of treasury.


     (d) "Eligible student" means a child or surviving spouse of a

 

Michigan police officer or Michigan fire fighter who was or is

 

killed in the line of duty.

 

     (e) "Eligible tuition" means the tuition charged by a state

 

institution of higher education for an undergraduate class.

 

     (f) "Gift aid" means formal scholarships or grants from

 

sources that do not require repayment.

 

     (g) (f) "Killed" means that the Michigan police officer's or

 

Michigan fire fighter's death is the direct and proximate result of

 

a traumatic injury incurred in the line of duty.

 

     (h) (g) "Line of duty" means an action that a Michigan police

 

officer or Michigan fire fighter is obligated or authorized to

 

perform by rule, regulation, condition of employment or service, or

 

law, including, but not limited to, a social, ceremonial, or

 

athletic function that the Michigan police officer or Michigan fire

 

fighter is assigned to or compensated for by the public agency he

 

or she serves.

 

     (i) (h) "Michigan police officer" means a sheriff or sheriff's

 

deputy of a sheriff's department in this state; village or township

 

marshal of a village or township in this state; officer of the

 

police department of any city, village, or township in this state;

 

officer of the Michigan state police; or any other police officer

 

or law enforcement officer trained and licensed or certified under

 

the Michigan commission on law enforcement standards act, 1965 PA

 

203, MCL 28.601 to 28.615.

 

     (j) (i) "Michigan fire fighter" means a member including

 

volunteer members and members paid on call of a fire department, or


other organization that provides fire suppression and other fire-

 

related services, of a city, township, village, or county who is

 

responsible for or is in a capacity that includes responsibility

 

for the extinguishment of fires. Michigan fire fighter does not

 

include a person whose job description, duties, or responsibilities

 

do not include direct involvement in fire suppression.

 

     (k) (j) "Occupational disease" means a disease that routinely

 

constitutes a special hazard in, or is commonly regarded as

 

concomitant of, the Michigan police officer's or Michigan fire

 

fighter's occupation.

 

     (l) (k) "State institution of higher education" means a public

 

community or junior college established under section 7 of article

 

VIII of the state constitution of 1963 or part 25 of the revised

 

school code, 1976 PA 451, MCL 380.1601 to 380.1607, or a state

 

university described in section 4, 5, or 6 of article VIII of the

 

state constitution of 1963.

 

     (m) (l) "Survivor's tuition grant" means a tuition grant

 

awarded to an eligible student under this act.

 

     (n) (m) "Traumatic injury" means a wound or the condition of

 

the body caused by external force, including, but not limited to,

 

an injury inflicted by bullet, explosive, sharp instrument, blunt

 

object or other physical blow, fire, smoke, chemical, electricity,

 

climatic condition, infectious disease, radiation, or bacteria, but

 

excluding an injury resulting from stress, strain, or occupational

 

disease.

 

     (o) (n) "Undergraduate class" means a class or course that

 

provides a student with academic credit applicable toward a


bachelor or associate degree from a state institution of higher

 

education.

 

     Sec. 3. (1) The police officer's and fire fighter's survivor

 

tuition program is created, to be administered by the department.

 

     (2) Beginning in the 2012-2013 academic year, the department

 

shall provide a survivor's tuition grant in an amount determined by

 

the department under subsection (3) to each eligible student if all

 

of the following requirements are met:

 

     (a) The student applies, qualifies, and is admitted as a full-

 

time, part-time, or summer school student in a program of study

 

leading to a degree or certificate at a state institution of higher

 

education.

 

     (b) The student is a legal resident of the state for at least

 

the 12 consecutive months immediately preceding his or her

 

application. For an individual who is a dependent of his or her

 

parent, residency status shall be determined by the parent's

 

residency. For an individual who is not a dependent, residency

 

status is determined in the same manner as under title IV of 20 USC

 

1070 to 1070h.

 

     (c) The student applies to the department for a survivor's

 

tuition grant under this act and provides evidence satisfactory to

 

the department that he or she is an eligible student, that the

 

course or courses for which he or she is seeking a survivor's

 

tuition grant meet the requirements of subsection (3), and that he

 

or she meets the other requirements of this section.

 

     (d) If the student is a child of a Michigan police officer or

 

Michigan fire fighter who was killed in the line of duty, he or she


applies for a survivor's tuition grant under subdivision (c) for

 

the first time before the age of 26.

 

     (e) The financial aid officer at the state institution of

 

higher education certifies to the department that the student needs

 

the survivor's tuition grant in order to meet student's eligible

 

tuition expenses exceed the total of all other gift aid available

 

to the student; certifies the amount of that the student needs for

 

those tuition expenses; excess; and certifies that the tuition rate

 

or rates used to determine the amount of those expenses do not

 

exceed that excess are not greater than the rate or rates charged

 

to residents of this state. If the eligible student's family

 

income, excluding any income from death benefits attributable to

 

the Michigan police officer's or Michigan fire fighter's death, is

 

below 400% of poverty level under federal poverty guidelines

 

published by the United States department of health and human

 

services, the institution shall not include income from any death

 

benefits accruing to the eligible student as a result of the

 

Michigan police officer's or Michigan fire fighter's death as

 

family income in determining financial need under this subdivision.

 

     (f) The student maintains satisfactory academic progress, as

 

defined by the state institution of higher education, for each term

 

or semester in which he or she is enrolled. The satisfactory

 

progress definition used by an institution for federal student

 

assistance programs under 20 USC 1070 to 1070h is acceptable for

 

the purposes of this act.

 

     (g) The student has not received a bachelor's degree and has

 

received tuition assistance under this act for fewer than 124


semester credits or 180 term credits at an institution of higher

 

education.

 

     (h) The student has not received a survivor's tuition grant in

 

more than a total of 9 semesters or the equivalent number of terms

 

or quarters.

 

     (3) The amount of a survivor's tuition grant in an academic

 

year is the amount of the student's eligible tuition in that

 

academic year that is not covered or paid by any scholarship, trust

 

fund, statutory benefit, or any other source of tuition coverage

 

less all other gift aid available to the eligible student. The

 

department may reduce the amount of a survivor's tuition grant if

 

it determines that the tuition rate or rates used to determine the

 

amount that by the state institution of higher education certifies

 

under subsection (2)(e) that the student needs exceed to determine

 

the amount of the survivor's tuition grant are greater than the

 

tuition rate or rates charged by the institution in that academic

 

year to residents of this state.