1999

HOUSE BILL 99-1332

BY REPRESENTATIVES Taylor, Paschall, Stengel, Chavez, Coleman, Dean, Gagliardi, George, Hefley, Kester, Lawrence, Lee, Leyba, McKay, Miller, Mitchell, Morrison, Scott, Spence, Spradley, Swenson, Tapia, Witwer, Young, and Zimmerman;

also SENATORS Blickensderfer, Dyer, Weddig, Congrove, Hernandez, Lamborn, Musgrave, and Tebedo.

SECTION 1.  23-5-111.4 (2) (a), (2) (b) (II), (2) (b) (IV), (2) (c), (3), (6), the introductory portion to 23-5-111.4 (7), and 23-5-111.4 (7) (b), Colorado Revised Statutes, are amended to read:

23-5-111.4.  Tuition for members of the national guard. (2) (a)  Any person who is a member of the Colorado national guard, upon being accepted for enrollment at any designated institution of higher education, shall be permitted to pursue studies leading toward a bachelor's degree, a postgraduate degree, an associate degree, or a certificate of completion with at least fifty percent but not more than seventy-five one hundred percent of the cost of tuition paid by the department of military affairs, subject to available appropriations, for so long as such person remains a member of the Colorado national guard, but such tuition payments shall not be made for more than one hundred thirty-two semester hours or one hundred ninety-eight quarter hours or for more than eight years.

(b)  In order to qualify for the tuition assistance authorized by this section, such member:

(II)  May not be drawing tuition from any other tuition assistance program funded by a private employer that, when combined with the assistance in this section, would exceed one hundred percent of the tuition costs;

(IV)  Must agree to serve two years one year in the Colorado national guard for each year semester of tuition assistance granted. For purposes of this section, one semester shall be equal to fifteen semester hours or twenty-three quarter hours.

(c)  In providing the tuition assistance to members pursuant to paragraph (a) of this subsection (2), the department of military affairs is encouraged to consider providing assistance on a priority basis to newly-enlisted members in their first term of service and who enlist in those military specialties that are experiencing shortages as determined by the department.

(3)  For the purposes of this section, "designated institution of higher education" means the university of southern Colorado, Adams state college, Mesa state college, Metropolitan state college of Denver, Fort Lewis college, Western state college of Colorado, all independent area vocational schools, all local district colleges, the university of northern Colorado, the university of Colorado at Boulder, the university of Colorado at Denver, the university of Colorado at Colorado Springs, based on the amount of in-state tuition for general studies at the university of Colorado at Boulder, Colorado state university, the Colorado school of mines, the university of Colorado health sciences center, and all community colleges governed by the state board for community colleges and occupational education. Tuition assistance at the university of Colorado health sciences center shall be based on the amount of in-state tuition for general studies at the university of Colorado at Boulder.

(6)  Any person who fails to serve the required two-year one-year period in the Colorado national guard for each year semester of tuition assistance granted, in violation of such person's agreement under subsection (2) of this section, shall be required to repay to the department of military affairs the tuition assistance granted for each such year and any and all collection fees incurred by the department of military affairs. Any such repayment of tuition assistance shall be credited to the Colorado national guard tuition fund created in subsection (9) of this section.

(7)  The department of military affairs shall promulgate rules and regulations for the administration of tuition assistance as provided in this section, including, but not limited to, the following:

(b)  Procedures to be followed by designated institutions of higher education in reporting the member's academic standing and in providing timely billing to the department of military affairs;

SECTION 2.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

____________________________ ____________________________

Russell George Ray Powers

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE

____________________________ ____________________________

Judith M. Rodrigue Patricia K. Dicks

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________

Bill Owens

GOVERNOR OF THE STATE OF COLORADO