HB2086 - 542R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 14, article 1, Arizona Revised Statutes, is amended by adding section 15-1809, to read:

START_STATUTE15-1809. Tuition and fee waiver scholarships for children and spouses of veterans, active duty military and national guard and reserve members and veterans with a disability; requirements

A. The Arizona board of regents shall provide a tuition and fee waiver scholarship at any university under the jurisdiction of the Arizona board of regents and each community college district shall provide a tuition and fee waiver scholarship at any community college in that community college district to the child or spouse of a person who meets all of the following conditions:

1. Resides in this state.

2. Was honorably discharged from the United States armed forces after serving on active military duty, excluding training, for more than one hundred eighty days and who served a portion of the person's active duty during any national emergency declared in accordance with federal law.

3. Entered the service at a location in this state.

4. Declared this state as the person's home of record in the manner provided by the applicable service or would have been determined to be a resident of this state for the purposes of section 15-1802 at the time the person entered the service.

5. Has not received a tuition and fee waiver scholarship pursuant to subsection E of this section. If the person qualifies for a tuition and fee waiver scholarship pursuant to subsection E of this section, the person shall certify to the Arizona board of regents in a manner prescribed by the Arizona board of regents that the person waives the person's right to receive a tuition and fee waiver scholarship pursuant to subsection E of this section before the child or spouse of the person is eligible to receive a tuition and fee waiver scholarship pursuant to this subsection.

B. The Arizona board of regents shall provide a tuition and fee waiver scholarship at any university under the jurisdiction of the Arizona board of regents and each community college district shall provide a tuition and fee waiver scholarship at any community college in that community college district to the child or spouse of a person who meets all of the following conditions:

1. Currently serves on active military duty in the United States armed forces.

2. Served on active military duty in the United States armed forces for more than one hundred eighty days, excluding training.

3. Served a portion of the person's active duty during any national emergency declared in accordance with federal law.

4. Entered the service at a location in this state.

5. Declared this state as the person's home of record in the manner provided by the applicable service or would have been determined to be a resident of this state for the purposes of section 15-1802 at the time the person entered the service.

C. The Arizona board of regents shall provide a tuition and fee waiver scholarship at any university under the jurisdiction of the Arizona board of regents and each community college district shall provide a tuition and fee waiver scholarship at any community college in that community college district to the child or spouse of a person who meets all of the following conditions:

1. Resides in this state.

2. Served in the national guard or the United States armed forces reserves under the authority of title 10 of the United States Code.

3. Was honorably discharged from the national guard or the United States armed forces reserves after being deployed for more than one hundred twenty days outside of the United States in a designated area of operation that is considered a war zone by the United States department of defense.

4. Entered the service at a location in this state.

D. The Arizona board of regents shall provide a tuition and fee waiver scholarship at any university under the jurisdiction of the Arizona board of regents and each community college district shall provide a tuition and fee waiver scholarship at any community college in that community college district to the child or spouse of a person who meets all of the following conditions:

1. Resides in this state.

2. Serves in the national guard or the United States armed forces reserves under the authority of title 10 of the United States Code.

3. Has been deployed for more than one hundred twenty days outside of the United States in a designated area of operation that is considered a war zone by the United States department of defense.

4. Entered the service at a location in this state.

E. The Arizona board of regents shall provide a tuition and fee waiver scholarship at any university under the jurisdiction of the Arizona board of regents and each community college district shall provide a tuition and fee waiver scholarship at any community college in that community college district to a person who meets all of the following conditions:

1. Resides in this state.

3. Entered the service at a location in this state.

5. Has a disability rating determined by the United States department of veterans affairs of seventy percent or more.

6. A child or the spouse of the person has not received a tuition and fee waiver scholarship pursuant to subsection A of this section.

F. If a person receives a tuition and fee waiver scholarship pursuant to subsection E of this section, the person's children and spouse are not eligible to receive a tuition and fee waiver scholarship pursuant to subsection A of this section.

G. To qualify for a scholarship under subsection A, B, C or d of this section, the spouse or child must be classified as a resident under section 15-1802 on the date of the spouse's or child's registration.

H. A person may not receive a scholarship under this section for more than a cumulative total of one hundred fifty credit hours.

I. The Arizona board of regents and each community college district governing board shall require each person who seeks a scholarship under this section to submit to the Arizona board of regents or the community college district governing board an application in the form and manner prescribed by the Arizona board of regents or the community college district governing board and evidence that the applicant qualifies for the scholarship not later than the last class date of the semester or term to which the scholarship applies. The Arizona board of regents or the community college district governing board may encourage applicants to submit the application and evidence at an earlier date.

J. A scholarship under this section may not be awarded to a person who, at the time of the person's registration, is entitled to receive educational benefits under federal legislation that may be used only to pay tuition and fees if the value of those benefits received in a semester or other term is equal to or exceeds the value of the scholarship for the same semester or other term. If the value of those federal benefits does not equal or exceed the value of the scholarship under this section for the same semester or other term, the person is entitled to receive both those federal benefits and the scholarship under this section in the same semester or other term. The combined amount of the federal benefits plus the amount of the scholarship under this section received in a semester or other term may not exceed the cost of tuition and fees for that semester or other term.

K. A person may not receive a scholarship under this section if the person either:

1. Is in default on a loan made or guaranteed for educational purposes by the government.

2. Has received a tuition waiver scholarship pursuant to section 15-1808 or 15-1809.01 or any other section or reimbursement pursuant to section 26-179.

L. The Arizona board of regents and each community college district governing board may establish a fee for extraordinary costs associated with a specific course or program and may provide that the scholarship under this section does not apply to this fee.

M. In determining whether to admit a person to any certificate program or any baccalaureate, graduate, postgraduate or professional degree program, a university under the jurisdiction of the Arizona board of regents or a community college as defined in section 15-1401 may not consider the fact that the person is eligible or has applied for a scholarship under this section.

N. For the purposes of this section, a person is the child of another person if either:

1. The person is the stepchild or the biological or adopted child of the other person.

2. The other person claimed the person as a dependent on a federal income tax return filed for the preceding year or will claim the person as a dependent on a federal income tax return for the current year. END_STATUTE