173.234. Definitions--grants to be awarded, when, duration--duties of the board--rulemaking authority--eligibility criteria--sunset provision.

Definitions--grants to be awarded, when, duration--duties of theboard--rulemaking authority--eligibility criteria--sunsetprovision.

173.234. 1. As used in this section, unless the context clearlyrequires otherwise, the following terms mean:

(1) "Board", the coordinating board for higher education;

(2) "Books", any books required for any course for which tuition waspaid by a grant awarded under this section;

(3) "Eligible student", the natural, adopted, or stepchild of aqualifying military member, who is less than twenty-five years of age andwho was a dependent of a qualifying military member at the time of death orinjury, or the spouse of a qualifying military member which was the spouseof a veteran at the time of death or injury;

(4) "Grant", the veteran's survivors grant as established in thissection;

(5) "Institution of postsecondary education", any approved Missouripublic institution of postsecondary education, as defined in subdivision(3) of section 173.1102;

(6) "Qualifying military member", any member of the military of theUnited States, whether active duty, reserve, or national guard, who servedin the military after September 11, 2001, during time of war and for whomthe following criteria apply:

(a) A veteran was a Missouri resident when first entering themilitary service or at the time of death or injury;

(b) A veteran died or was injured as a result of combat action or aveteran's death or injury was certified by the Department of Veterans'Affairs medical authority to be attributable to an illness or accident thatoccurred while serving in combat, or became eighty percent disabled as aresult of injuries or accidents sustained in combat action after September11, 2001; and

(c) "Combat veteran", a Missouri resident who is discharged foractive duty service having served since September 11, 2001, and received aDD214 in a geographic area entitled to receive combat pay tax exclusionexemption, hazardous duty pay, or imminent danger pay, or hostile fire pay;

(7) "Survivor", an eligible student of a qualifying military member;

(8) "Tuition", any tuition or incidental fee, or both, charged by aninstitution of postsecondary education for attendance at the institution bya student as a resident of this state. The tuition grant shall not exceedthe amount of tuition charged a Missouri resident at the University ofMissouri-Columbia for attendance.

2. Within the limits of the amounts appropriated therefor, thecoordinating board for higher education shall award annually up totwenty-five grants to survivors of qualifying military members to attendinstitutions of postsecondary education in this state, which shall continueto be awarded annually to eligible recipients as long as the recipientachieves and maintains a cumulative grade point average of at least two andone-half on a four-point scale, or its equivalent. If the waiting list ofeligible survivors exceeds fifty, the coordinating board may petition thegeneral assembly to expand the quota. If the quota is not expanded, thenthe eligibility of survivors on the waiting list shall be extended.

3. A survivor may receive a grant under this section only so long asthe survivor is enrolled in a program leading to a certificate, or anassociate or baccalaureate degree. In no event shall a survivor receive agrant beyond the completion of the first baccalaureate degree, regardlessof age.

4. The coordinating board for higher education shall:

(1) Promulgate all necessary rules and regulations for theimplementation of this section; and

(2) Provide the forms and determine the procedures necessary for asurvivor to apply for and receive a grant under this section.

5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2008, shall beinvalid and void.

6. In order to be eligible to receive a grant under this section, asurvivor shall be certified as eligible by the Missouri veterans'commission.

7. A survivor who is enrolled or has been accepted for enrollment asan undergraduate postsecondary student at an approved institution ofpostsecondary education, and who is selected to receive a grant under thissection, shall receive the following:

(1) An amount not to exceed the actual tuition charged at theapproved institution of postsecondary education where the survivor isenrolled or accepted for enrollment;

(2) An allowance of up to two thousand dollars per semester for roomand board; and

(3) The actual cost of books, up to a maximum of five hundred dollarsper semester.

8. A survivor who is a recipient of a grant may transfer from oneapproved public institution of postsecondary education to another withoutlosing his or her entitlement under this section. The board shall makenecessary adjustments in the amount of the grant. If a grant recipient atany time withdraws from the institution of postsecondary education so thatunder the rules and regulations of that institution he or she is entitledto a refund of any tuition, fees, room and board, books, or other charges,the institution shall pay the portion of the refund to which he or she isentitled attributable to the grant for that semester or similar gradingperiod to the board.

9. If a survivor is granted financial assistance under any otherstudent aid program, public or private, the full amount of such aid shallbe reported to the board by the institution and the eligible survivor.

10. Nothing in this section shall be construed as a promise orguarantee that a person will be admitted to an institution of postsecondaryeducation or to a particular institution of postsecondary education, willbe allowed to continue to attend an institution of postsecondary educationafter having been admitted, or will be graduated from an institution ofpostsecondary education.

11. The benefits conferred by this section shall be available to anyacademically eligible student of a qualifying military member. Survivingchildren who are eligible shall be permitted to apply for full benefitsconferred by this section until they reach twenty-five years of age.

12. Pursuant to section 23.253, RSMo, of the Missouri sunset act:

(1) The provisions of the new program authorized under this sectionshall sunset automatically six years after August 28, 2008, unlessreauthorized by an act of the general assembly; and

(2) If such program is reauthorized, the program authorized underthis section shall sunset automatically twelve years after the effectivedate of the reauthorization of this section; and

(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.

(L. 2008 H.B. 1678, A.L. 2009 H.B. 427)

Sunset date 8-28-14, unless reauthorized

Termination date 9-01-15, unless reauthorized