ASSEMBLY, No. 3128

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MARCH 7, 2022

 


 

Sponsored by:

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

Co-Sponsored by:

Assemblywoman Matsikoudis

 

 

 

 

SYNOPSIS

     Provides tuition benefits at public institutions of higher education to New Jersey residents who are members of reserve component of Armed Forces of United States.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning tuition benefits for members of a reserve component of the Armed Forces of the United States and amending P.L.1999, c.46 and P.L.2005, c.317.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 20 of P.L.1999, c.46 (C.18A:62-23) is amended to read as follows:

     20.  As used in sections 20-25 of [this act,] P.L.1999, c.46 (C.18A:62-23 through 18A:62-28):

     "Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard, or the equivalent training for members of a reserve component of the Armed Forces of the United States.

     “Member of a reserve component of the Armed Forces of the United States” means a person who is a resident of New Jersey and is a member of the Army Reserve, Navy Reserve, Marine Reserve, Air Force Reserve, or Coast Guard Reserve.

(cf: P.L.1999, c.46, s.20)

 

     2.    Section 21 of P.L.1999, c.46 (C.18A:62-24) is amended to read as follows:

     21.  a.  Any member of the New Jersey National Guard and any member of a reserve component of the Armed Forces of the United States shall be permitted to attend regularly-scheduled courses at any public institution of higher education in this State enumerated in N.J.S.18A:62-1 and receive up to 16 credits per semester tuition-free provided that:

     (1)   the member has completed Initial Active Duty Training and, except as otherwise provided pursuant to subsection c. of this section, is in good standing as an active member of the New Jersey National Guard, or is a member in good standing of a reserve component of the Armed Forces of the United States;

     (2)   the member has been accepted to pursue a course of undergraduate study and is enrolled as an undergraduate student in good standing at that institution or a course of graduate study and is enrolled as a graduate student in good standing at that institution;

     (3)   the member has applied for all available State student grants and scholarships and all available federal student grants and scholarships for which the member is eligible; and

     (4)   as applicable, the member has applied for tuition benefits available through the United States Department of Veterans Affairs for which the member is eligible under the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.), except that such application shall not be required in the case of a tuition benefit transfer by the member as permitted by federal law, or has applied for federal tuition benefits available to members of a reserve component of the Armed Forces of the United States.

     b.    The State shall reimburse a public institution of higher education for the tuition cost of each National Guard member and of each member of a reserve component of the Armed Forces of the United States who enrolls in the institution pursuant to the provisions of this section to the extent that the tuition cost is not paid through tuition benefits available to the member through the United States Department of Veterans Affairs under the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.), or available under a federal tuition assistance program for members of a reserve component of the Armed Forces of the United States.

     c.     Any member of the New Jersey National Guard or any member of a reserve component of the Armed Forces of the United States whose enrollment in a public institution of higher education on a tuition-free basis pursuant to subsection a. of this section is interrupted by a deployment to active duty shall be permitted to receive the free tuition benefit after discharge from service under conditions other than dishonorable.  In the event of a non-medical discharge or a medical discharge that is not caused by an illness or injury related to the performance of duties for the National Guard or for a reserve component of the Armed Forces of the United States, eligibility for the free tuition benefit shall begin from the date of discharge and shall continue for one semester or a period of time equal to the length of the deployment, whichever is longer.  In the event of medical discharge or medical retirement as a result of illness or injury incurred in the combat theater, as a result of terrorist action, or in the response to a natural disaster, eligibility for the free tuition benefit shall begin from the date of discharge or retirement and shall continue until completion of the degree program in which enrolled or for five years, whichever occurs first.

(cf: P.L.2009, c.208, s.1)

 

     3.    Section 22 of P.L.1999, c.46 (C.18A:62-25) is amended to read as follows:

     22.  Any child or surviving spouse of a member of the New Jersey National Guard and any resident of New Jersey who is a child or surviving spouse of a member of a reserve component of the Armed Forces of the United States who heretofore completed Initial Active Duty Training, and was killed in the performance of his duties while on active duty with the New Jersey National Guard or while on active duty with a reserve component of the Armed Forces of the United States, or who hereafter completes Initial Active Duty Training and is killed in the performance of his duties while a member of the New Jersey National Guard, or is killed in the performance of his duties as a member of a reserve component of the Armed Forces of the United States, shall be permitted to attend regularly-scheduled courses at any public institution of higher education in this State enumerated in N.J.S.18A:62-1 and receive up to 16 credits per semester tuition-free provided that:

     a.     the child or spouse has been accepted to pursue a course of undergraduate study and is enrolled as an undergraduate student in good standing at that institution or a course of graduate study and is enrolled as a graduate student in good standing at that institution;

     b.    the child or spouse has applied for all available State student grants and scholarships and all available federal student grants and scholarships for which the child or spouse is eligible;

     c.     as applicable, the child or spouse has applied for tuition benefits available through the United States Department of Veterans Affairs for which the child or spouse is eligible under the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.) or has applied for federal tuition benefits available under a tuition assistance program of a reserve component of the Armed Forces of the United States; and

     d.    available classroom space permits and tuition-paying students constitute the minimum number required for the course.

(cf: P.L.2009, c.208, s.2)

 

     4.    Section 1 of P.L.2005, c.317 (C.18A:62-24.1) is amended to read as follows:

     1.    No public institution of higher education in this State shall impose a nonresident tuition rate or differential fee on a member of the New Jersey National Guard or a member of a reserve component of the Armed Forces of the United States, if the member meets the criteria set forth in section 21 of P.L.1999, c.46 (C.18A:62-24).

(cf: P.L.2005, c.317, s.1)

 

     5.    Section 2 of P.L.2005, c.317 (C.18A:62-25.1) is amended to read as follows:

     2.    No public institution of higher education in this State shall impose a nonresident tuition rate or differential fee on a child or surviving spouse of a member of the New Jersey National Guard or a member of a reserve component of the Armed Forces of the United States, if the child or surviving spouse meets the criteria set forth in section 22 of P.L.1999, c.46 (C.18A:62-25).

(cf: P.L.2005, c.317, s.2)

 

     6.    This act shall take effect immediately and shall first be applicable to the academic year following enactment.

STATEMENT

 

     This bill provides tuition benefits at public institutions of higher education in this State to New Jersey residents who are members of a reserve component of the Armed Forces of the United States and to certain children and surviving spouses of those members.  

     Under current law, a member of the New Jersey National Guard is permitted to attend regularly-scheduled courses at a public institution of higher education and receive up to 16 credits per semester tuition-free. The law also provides a tuition benefit to a child or surviving spouse of a member of the National Guard who was or is killed in the performance of his or her duties, if available classroom space permits and the tuition-paying students constitute the minimum number required for the course.

     This bill amends current law to extend these tuition benefits to a member of a reserve component of the Armed Forces of the United States who is a resident of New Jersey, and to a child or surviving spouse of such a member of the reserves who was or is killed in the performance of his or her duties.  The bill requires the child or surviving spouse to be a resident of New Jersey for the tuition benefits to apply.

     For purposes of the bill, the reserve components of the Armed Forces of the United States include the Army Reserve, Navy Reserve, Marine Reserve, Air Force Reserve, and Coast Guard Reserve.

     The bill takes effect immediately upon enactment and is first applicable to the academic year following enactment.