SB1174 - 562R

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

Section 1. Section 15-1808, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1808. Tuition waiver scholarships; eligibility; definitions

A. The Arizona board of regents, after verification by the Arizona peace officers memorial board, by the Arizona fallen firefighter memorial committee, by the adjutant general of the national guard or by the Arizona department of veterans' services that a person is a child or the spouse of a peace officer, correctional officer, firefighter, emergency paramedic, national guard member or member of the United States armed forces who was a resident of the state of Arizona or stationed in Arizona and who was killed in the line of duty or who died from injuries suffered in the line of duty while traveling to or from duty, shall provide the person who qualifies under subsection B D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any university under the jurisdiction of the Arizona board of regents. A district as defined in section 15-1401, after verification by the Arizona peace officers memorial board, by the Arizona fallen firefighter memorial committee, by the adjutant general of the national guard or by the Arizona department of veterans' services that a person is the child or the spouse of a peace officer, correctional officer, firefighter, emergency paramedic, national guard member or member of the United States armed forces who was a resident of Arizona or stationed in Arizona and who was killed in the line of duty or who died from injuries suffered in the line of duty while traveling to or from duty, shall provide the person who qualifies under subsection B D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any community college under the jurisdiction of the district.

B. The Arizona board of regents, after verification by the Arizona peace officers memorial board, the Arizona fallen firefighter memorial committee or the department of veterans' services that a person is a child or the spouse of a person who meets the requirements prescribed in subsection C of this section, shall provide the person who qualifies under subsection D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any university under the jurisdiction of the Arizona board of regents. A district as defined in section 15-1401, after verification by the Arizona peace officers memorial board, the Arizona fallen firefighter memorial committee or the department of veterans' services that a person is a child or the spouse of a person who meets the requirements prescribed in subsection C of this section, shall provide the person who qualifies under subsection D of this section and who otherwise meets the qualifications for admission with a tuition waiver scholarship at any community college under the jurisdiction of the district. notwithstanding section 15-1809, if sufficient monies are available, the Arizona board of regents shall distribute surplus monies that were appropriated to the spouses of military veterans tuition scholarship fund established by section 15-1809 to each university under the jurisdiction of the Arizona board of regents for the costs associated with the tuition waiver scholarships provided pursuant to this subsection.

C. To be eligible for a tuition waiver scholarship under subsection B of this section, the applicant must be the child or spouse of a person who meets all of the following criteria:

1. Was a veteran of the United States armed forces or was serving or previously served as a peace officer, a firefighter or a member of the United States armed forces at the time of the person's death. It is not a requirement for the purposes of this paragraph that the person was employed as a peace officer or firefighter or was serving on active duty as a member of the United States armed forces at the time of the person's death.

2. Was a resident of this state at the time of the person's death.

3. Suffered a posttraumatic stress injury in the line of duty. Documentation that the peace officer or firefighter at any point received a disability pension under section 38-844 for a posttraumatic stress injury or benefits under title 38, chapter 5, article 4.2 for a posttraumatic stress injury is prima facie evidence that the peace officer or firefighter met the requirements of this paragraph. A discharge or other document from the United States armed forces showing that the member or veteran of the United States armed forces was discharged because of or suffered from a posttraumatic stress injury, or documentation from the United states department of veterans affairs showing that the member or veteran suffered from a posttraumatic stress injury, is prima facie evidence that the member or veteran met the requirements of this paragraph.

4. Died by suicide.

B. D. The tuition waiver scholarships shall be limited to children who are thirty years of age or younger or a spouse who has not remarried and shall be limited for a spouse or for any one child to not more than sixty-four credit hours at Arizona community colleges and a total number of credits including any transfer credits from an Arizona community college equal to the number of credits required for a baccalaureate degree at Arizona universities for that student's initially declared course of study.

C. E. A member of the Arizona national guard who received a purple heart citation on or after September 11, 2001 or a former member of the Arizona national guard who was medically discharged from the Arizona national guard due to an injury or disability suffered during status under title 10, United States Code, in weekend training status, in annual training status or in response to a state of emergency declared by the governor is eligible for a tuition waiver scholarship provided for in this section.

D. F. The Arizona board of regents, after verification by the Arizona department of veterans' services that a person is a member or former member of the United States armed forces who received a purple heart citation, who was a resident of the state of Arizona or was stationed in Arizona at the time of the injury that resulted in the purple heart citation and whose disability rating determined by the United States department of veterans affairs is fifty percent or more, shall provide the person who otherwise meets the qualifications for admission with a tuition waiver scholarship at any university under the jurisdiction of the board. A district as defined in section 15-1401, after verification by the Arizona department of veterans' services that a person is a member or former member of the United States armed forces who received a purple heart citation, who was a resident of the state of Arizona or was stationed in Arizona at the time of the injury that resulted in the purple heart citation and whose disability rating determined by the United States department of veterans affairs is fifty percent or more, shall provide the person who otherwise meets the qualifications for admission with a tuition waiver scholarship at any community college under the jurisdiction of the district. A person who is convicted of a class 1, 2, 3, 4 or 5 felony is ineligible for a tuition waiver scholarship as provided for in this subsection.

E. G. For the purposes of this section:

1. "Correctional officer" means a person, other than an elected official, who is employed by this state or a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a state, county or municipal correctional institution, including counselors but excluding secretarial, clerical and professionally trained personnel.

2. "Emergency paramedic" means a person who has been trained in an emergency paramedic training program certified by the director of the department of health services or in an equivalent training program and who is certified by the director of the department of health services to render services pursuant to section 36-2205.

3. "Firefighter" means a professional firefighter who is a member of a state, federal, tribal, city, county, district or private fire department.

4. "Peace officers officer" means sheriffs of counties a county sheriff, constables a constable, marshals a marshal, a police officers of cities and towns officer of a city or town, an individual who is commissioned personnel of by the department of public safety and a police officers officer who is appointed by a community college district governing boards board or the Arizona board of regents who have received a certificate from the Arizona peace officer standards and training board, and any other state, federal, tribal, city or county officers officer who is vested by law with a duty to maintain public order and make arrests. END_STATUTE

Sec. 2. Eligibility; reimbursement for 2023-2024 and 2024-2025 school years; delayed repeal

A. Beginning July 1, 2023, a person who meets the requirements prescribed in section 15-1808, subsections B and C, Arizona Revised Statutes, as added by this act, is eligible to receive a tuition waiver scholarship as prescribed in this act regardless of the date on which the eligible person's parent or spouse suffered the posttraumatic stress injury or died by suicide.

B. A person who is eligible to receive a tuition waiver scholarship pursuant to subsection A of this section and who did not receive a tuition waiver scholarship pursuant to section 15-1808, Arizona Revised Statutes, during either the 2023-2024 or 2024-2025 school year, or both, is eligible for reimbursement from the Arizona board of regents or the community college district, whichever applies, in an amount equal to the tuition waiver scholarship award that the person was eligible to receive for each school year, minus any gifts, grants, scholarships or other tuition benefits that the person received during each school year.

C. This section is repealed from and after December 31, 2028.

Sec. 3. Retroactivity

This act applies retroactively to from and after June 30, 2023.