CHAPTER 121
S.P. 1017 - L.D. 2585
Resolve, to Establish the National Guard Education Assistance Pilot Program
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine National Guard is a valuable resource for the State of Maine; and
Whereas, those in service to Maine deserve to be recognized and rewarded for their service; and
Whereas, it is imperative that this legislation take effect in time to allow members of the Maine National Guard to attend classes in the summer; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. National Guard Education Assistance Pilot Program. Resolved: That the National Guard Education Assistance Pilot Program is established.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Course" means a class taught over a semester, trimester, quarter or term.
B. "Degree program" means a course of study programmed to culminate in a specific degree, diploma or certificate.
C. "Maine National Guard member" or "member" means a member of a federally recognized unit of the Maine National Guard.
D. "State postsecondary education institution" means the University of Maine System, the Maine Maritime Academy, the Maine Technical College System or any other college or university system established as a public instrumentality in this State.
E. "Tuition" means the total semester, trimester, quarter or term or classroom-hour cost of instruction to the student as periodically published in the catalog of a state postsecondary education institution, including mandatory fees and lab fees but excluding all other expenses such as book charges, room and board.
F. "Unsatisfactory participant" means a member of the Maine National Guard who has accumulated 9 or more unexcused absences from unit training assemblies or who, without proper authority, fails to attend or complete the entire period of annual training.
2. Tuition grant for Maine National Guard member. A Maine National Guard member who meets the prerequisites of subsection 3 is entitled to a 100% tuition grant at any state postsecondary education institution. The Maine National Guard shall provide the cost of tuition to a member who meets the requirements of subsection 3.
3. Minimum prerequisites. To qualify for a tuition waiver pursuant to subsection 2, the Maine National Guard member must:
A. Have successfully completed basic training or received a commission;
B. Be a satisfactory participant in the Maine National Guard; and
C. Enter into a written contractual commitment with the Maine National Guard to serve in the Maine National Guard for at least one year beyond the end of the term for which a tuition grant is granted.
4. Cessation of benefits. The tuition grant benefits granted under this section cease upon:
A. Accumulation of 150 credit hours, or the equivalent, of tuition grant assistance by the Maine National Guard member;
B. Unsatisfactory participation by the Maine National Guard member in the Maine National Guard as certified to the state postsecondary education institution by the Adjutant General; or
C. Failure by the Maine National Guard member to maintain good academic standing at the state postsecondary education institution.
5. Restitution. Repayment of tuition waiver benefits is required pursuant to this subsection.
A. A Maine National Guard member shall repay the Maine National Guard the full amount of education assistance received for each course during the preceding semester, trimester, quarter or term that:
(1) The member fails to complete; or
(2) The member completes but for which the member earns a grade lower than 2.0 on a 4.0 scale.
B. If the member becomes an unsatisfactory participant with the Maine National Guard or does not remain in good academic standing with the state postsecondary education institution, then the Maine National Guard member shall repay the full amount of tuition grant received for all courses taken during the preceding semester, trimester, quarter or term to the Maine National Guard.
C. If the member does not fulfill the member's contractual obligation to the Maine National Guard as defined in subsection 3, paragraph C, then the Adjutant General shall notify the Maine National Guard member in writing that the member is liable for restitution and the member shall repay the Maine National Guard the full amount of the tuition grant received during the last school year.
A member may appeal the requirement to make restitution pursuant to this subsection if the member files a written notice of intent to appeal with the Adjutant General within 30 days of notice that the member is liable for restitution. During the pendency of the appeal, the requirement of restitution is postponed. If the Adjutant General determines that the member, in fact, met the requirements for restitution as described in paragraph A, B or C and that there were not sufficient extenuating circumstances to excuse the failure of the member to complete satisfactorily the course or participation in the Maine National Guard, the Adjutant General shall inform the member of this determination and the member shall make restitution to the Maine National Guard for those courses for which the Adjutant General determines the member is liable. The decision of the Adjutant General is final and may not be appealed.
6. In-state tuition rates. Regardless of the state of residence, a member of the Maine National Guard who has met the requirements of this section and is attending a state postsecondary education institution qualifies for in-state tuition rates; and be it further
Sec. 2. Data-keeping; report. Resolved: That the Department of Defense, Veterans and Emergency Management shall keep and analyze data on the effects of the education assistance pilot program on recruitment and retention of Maine National Guard members. The department shall report to the joint standing committee of the Legislature having jurisdiction over legal and veterans' affairs in January 2001 and 2002; and be it further
Sec. 3. Funding cap. Resolved: That grants may not be made after June 30, 2001 or after the funds allocated in this resolve are exhausted, whichever is later; and be it further
Sec. 4. Application. Resolved: That this resolve applies to school semesters, trimesters, quarters or terms beginning on or after the effective date of this resolve; and be it further
Sec. 5. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.
2000-01
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF
Military Educational Benefits
All Other $300,000
Provides one-time funds for the cost of tuition for eligible members of the Maine National Guard.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 5, 2000.
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