MISSISSIPPI LEGISLATURE
2008 Regular Session
To: Military Affairs; Appropriations
By: Representatives Rogers (61st), Baker (74th), Hamilton (6th), Jennings, Weathersby, Palazzo
AN ACT TO AMEND SECTION 33-7-405, MISSISSIPPI CODE OF 1972, TO PROVIDE AUTHORITY FOR THE ADJUTANT GENERAL TO AUTHORIZE PAYMENT OF STATE EDUCATIONAL ASSISTANCE PROGRAM FUNDS FOR SOLDIERS WHO COMPLETE COMMISSIONING AND EDUCATIONAL REQUIREMENTS IN THE MISSISSIPPI NATIONAL GUARD; TO AMEND SECTION 33-7-407, MISSISSIPPI CODE OF 1972, TO ESTABLISH ELIGIBILITY REQUIREMENTS AND DISBURSEMENT OF FUNDS TO OFFICERS COMMISSIONED INTO THE MISSISSIPPI ARMY NATIONAL GUARD; TO AMEND SECTION 33-7-409, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 33-7-413, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE MANAGEMENT OF APPROPRIATED STATE EDUCATIONAL ASSISTANCE PROGRAM FUNDS BY THE MISSISSIPPI MILITARY DEPARTMENT; TO CODIFY SECTION 33-7-415, MISSISSIPPI CODE OF 1972, TO REQUIRE QUALIFYING CANDIDATES FOR THE COMMISSIONING INCENTIVE BONUS TO SUBMIT A REQUEST FOR PAYMENT OF SUCH BONUS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 33-7-405, Mississippi Code of 1972, is amended as follows:
33-7-405. (1) The Adjutant General is hereby authorized to pay the tuition, room and board for any active member of the Mississippi National Guard who is enrolled or may enroll within the State of Mississippi in an accredited institution of higher learning, vocational education school or junior college. To be eligible for such benefits, the individual, at the time of his initial enrollment, must be a captain, lieutenant, warrant officer, cadet, officer candidate or enlisted member of the Mississippi National Guard, or a member of such guard who is participating in the educational program authorized by this section as of the effective date of this article; be at least seventeen (17) years of age; and be a resident and a qualified elector of the State of Mississippi. To be eligible for the room and board grant, an individual must also be in an officer producing program and be selected to receive the grant by the Adjutant General. The tuition may only be used for undergraduate studies and vocational education courses, whether such coursework is taken on a semester or clock-hour basis. In no event will any individual be eligible for payment of tuition after receipt of an undergraduate degree, whether received through this article or not. No person shall be eligible for a tuition and/or a room and board grant for more than ten (10) years after the date of the first tuition payment for him under this article. The Adjutant General shall set up minimum standards for performance that must be met in order to maintain eligibility for continuing in the program.
(2) The Adjutant General is hereby authorized to pay up to Five Thousand Dollars ($5,000.00) to soldiers who are commissioned into the Mississippi National Guard and complete all educational requirements. The payment shall be made in two installments. The initial payment of Three Thousand Dollars ($3,000.00) shall be made directly to the soldiers who, on their commissioning date, also have completed ninety (90) semester hours of college work toward a baccalaureate degree within the State of Mississippi in an accredited institution of higher learning, vocational education school or junior college. The final payment shall be made to the officer upon completion of both Basic Officer's Leadership Course (BOLC) and completion of a baccalaureate degree from an accredited university or college. To be eligible for such benefits, the individual, at the time of his initial payment, must be a captain, lieutenant or warrant officer and a member of the Mississippi National Guard; be at least seventeen (17) years of age; and be a resident and a qualified elector of the State of Mississippi. The Adjutant General shall set up minimum standards for performance that must be met in order to maintain eligibility for continuing in the program.
SECTION 2. Section 33-7-407, Mississippi Code of 1972, is amended as follows:
33-7-407. In addition to the prerequisites of Section 33-7-405, the following requirements must be met:
(a) In order to be eligible to receive payment of tuition, room and board, as provided by subsection (1) of Section 33-7-405, the following requirements must be met:
(i) The active member must have completed basic training, be a commissioned officer, be a cadet or be an officer candidate.
(ii) He must be a member in good standing with the active Mississippi National Guard, as prescribed by regulations promulgated by the Department of the Army, the Department of the Air Force and the Military Department of Mississippi, at the time of application and during the entire semester/quarter for which benefits are received.
(iii) The active member must not be eligible for veterans' educational assistance pursuant to 38 USCS Sections 1601 through 1643 or pursuant to 38 USCS Sections 1651 through 1698.
(iv) The active member must not (1) be eligible for educational assistance pursuant to 10 USCS Sections 2131 through 2135, or (2) have qualified for an enlistment bonus pursuant to 37 USCS 308c within the past six (6) years. Nothing in this paragraph shall be construed to render ineligible any active member who is eligible for or has received a reenlistment bonus pursuant to 37 USCS 308b. The Adjutant General is authorized and empowered, in his discretion, to waive the disqualifications for assistance, or any one of them, established in items (1) and (2) of this subparagraph upon a determination by him that all monies appropriated to fund the National Guard Educational Assistance Law will not be expended to provide benefits for eligible active members and that it would be in the best interests of the Mississippi National Guard to assist other active members who, but for the disqualifications established in this paragraph, would be eligible to receive assistance pursuant to this article.
(b) (i) In order to be eligible for initial payment of Three Thousand Dollars ($3,000.00), as provided by subsection (2) of Section 33-7-405, the following requirements must be met:
1. The individual must be a member of the Mississippi National Guard in good standing who is eligible for and enters Officer Candidate School (OCS), completes the training program and accepts a commission by oath of office and is appointed a second lieutenant with federal recognition into the Mississippi Army National Guard and has completed ninety (90) semester hours toward a bachelor's degree;
2. The individual must be a member of the Reserve Officer Training Corps (ROTC) who completes his or her baccalaureate degree, accepts a commission by oath of office and is appointed a second lieutenant with federal recognition into the Mississippi National Guard;
3. The individual must be a member of the Mississippi Army National Guard in good standing who is eligible to receive a direct commission by meeting the prerequisite regulatory requirements, executes the oath of office and is commissioned by federal recognition as a company grade officer in the rank of second lieutenant, first lieutenant or captain into the Mississippi Army National Guard and has received a baccalaureate degree; or
4. The individual must be a civilian who is eligible for membership in the Mississippi Army National Guard that is contingent upon receiving a direct commission with federal recognition as a company grade officer in the rank of second lieutenant, first lieutenant or captain as a result of his or her civilian education, training and qualifications as a physician, dentist, nurse, veterinarian, attorney, engineer or other related applicable profession and executes the oath of office; and
5. The individual must agree to serve six (6) years as an officer in the Mississippi Army National Guard by signing a DA 4836 Officer Service Obligation upon commissioning.
(ii) In order to be eligible for the second installment of Two Thousand Dollars ($2,000.00), as provided by subsection (2) of Section 33-7-405, the following requirements must be met:
1. The individual must be an officer in the Mississippi Army National Guard in good standing who completes the Basic Officer's Leadership Course (BOLC) and has completed the requirements for a baccalaureate degree;
2. The individual must be an officer in the Mississippi Army National Guard who was commissioned with federal recognition as a company grade officer in the rank of second lieutenant, first lieutenant or captain as a result of his or her civilian education, training and qualifications as a physician, dentist, nurse, veterinarian, attorney, engineer or other related applicable profession and executes the oath of office and completes initial training requirements; and
3. The individual must be agree to serve six (6) years as an officer in the Mississippi Army National Guard by signing a DA 4836 Officer Service Obligation upon commissioning.
(iii) Disbursement:
1. Upon commissioning into the Mississippi Army National Guard, providing proof of ninety (90) semester hours completed and signing the Officer Service Agreement, the officer will be paid Three Thousand Dollars ($3,000.00) as provided in subparagraph (i) of this paragraph (b). After completion of BOLC and baccalaureate degree requirements the officer will be paid the remaining Two Thousand Dollars ($2,000.00) as provided in subparagraph (ii) of this paragraph (b).
2. Termination of the payment with recoupment will occur if the officer fails to complete the required six (6) years of service. Recoupment will be prorated based on the ratio that the amount of time served by the individual under the DA 4836 Officer Service Obligation bears to the total amount of time required of the individual to serve as stipulated by the obligation agreement.
SECTION 3. Section 33-7-409, Mississippi Code of 1972, is amended as follows:
33-7-409. In the event the individual's service in the Mississippi National Guard is terminated or his service becomes unsatisfactory while receiving the benefits afforded by this program, as provided by Section 33-7-405(1), the benefits will be terminated. After termination for the above causes, an individual will be ineligible for any further benefits under this article. If for any reason an individual is dismissed from any school for academic or disciplinary reasons, he is ineligible for future benfits from this program. The Adjutant General shall be the final authority for making such determinations.
SECTION 4. Section 33-7-413, Mississippi Code of 1972, is amended as follows:
33-7-413. The Adjutant General of Mississippi will annually submit to the Legislature through the Legislative Budget Office an estimated budget to support the provisions of this article. The Legislature shall fund this article by separate appropriation as part of the State Educational Assistance Program budget managed by the Mississippi National Guard. The funds shall be subject to audit by the State Auditor of Public Accounts.
SECTION 5. The following shall be codified as Section 33-7-415, Mississippi Code of 1972:
33-7-415. Candidates qualifying for the commissioning incentive bonus authorized under Section 33-7-405(2) shall submit, through appropriate command channels to the Incentive Manager of the Mississippi Military Department, a request for payment of the incentive.
SECTION 6. This act shall take effect and be in force from and after July 1, 2008.