Sub. H. B. No. 280 As Reported by the House Veterans Affairs Committee

As Reported by the House Veterans Affairs Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 280

Representatives Dovilla, Wachtmann

Cosponsors: Representatives Mecklenborg, Gardner, Buchy, Grossman, Brenner, Gonzales, Goodwin, Derickson, Fende, Blair, Hackett, Maag, Lundy, Stebelton, Letson, Sprague, Reece, Johnson, Rosenberger, Pillich, Bubp, Butler, Hagan, C., Landis, Milkovich, Yuko

A BILL

To amend sections 5910.01, 5910.02, and 5919.34 and

to enact section 5910.07 of the Revised Code to

qualify for a War Orphans Scholarship, children of

military veterans who participated in an operation

for which the Armed Forces Expeditionary Medal was

awarded, and to authorize the administrators of

the Ohio National Guard Scholarship Program and

the Ohio War Orphans Scholarship Program to apply

for, and receive and accept, grants, and to

receive and accept gifts, bequests, and

contributions, from public and private sources.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5910.01, 5910.02, and 5919.34 be	12
amended and section 5910.07 of the Revised Code be enacted to read	13
as follows:	14

Sec. 5910.01. As used in this chapter and section 5919.34 of	15
the Revised Code:	16

(A) "Child" includes natural and adopted children and	17
stepchildren who have not been legally adopted by the veteran	18
parent provided that the relationship between the stepchild and	19
the veteran parent meets the following criteria:	20

(1) The veteran parent is married to the child's natural or	21
adoptive parent at the time application for a scholarship granted	22
under this chapter is made; or if the veteran parent is deceased,	23
the child's natural or adoptive parent was married to the veteran	24
parent at the time of the veteran parent's death;	25

(2) The child resided with the veteran parent for a period of	26
not less than ten consecutive years immediately prior to making	27
application for the scholarship; or if the veteran parent is	28
deceased, the child resided with the veteran parent for a period	29
of not less than ten consecutive years immediately prior to the	30
veteran parent's death;	31

(3) The child received financial support from the veteran	32
parent for a period of not less than ten consecutive years	33
immediately prior to making application for the scholarship; or if	34
the veteran parent is deceased, the child received financial	35
support from the veteran parent for a period of not less than ten	36
consecutive years immediately prior to the veteran parent's death.	37

(B) "Veteran" includes ~~either~~any of the following:

(1) Any person who was a member of the armed services of the	39
United States for a period of ninety days or more, or who was	40
discharged from the armed services due to a disability incurred	41
while a member with less than ninety days' service, or who died	42
while a member of the armed services; provided that such service,	43
disability, or death occurred during one of the following periods:	44
April 6, 1917, to November 11, 1918; December 7, 1941, to December	45
31, 1946; June 25, 1950, to January 31, 1955; January 1, 1960, to	46
May 7, 1975; August 2, 1990, to the end of operations conducted as	47
a result of the invasion of Kuwait by Iraq, including support for	48
operation desert shield and operation desert storm, as declared by	49
the president of the United States or the congress; October 7,	50
2001, to the end of operation enduring freedom as declared by the	51
president of the United States or the congress; March 20, 2003, to	52
the end of operation Iraqi freedom as declared by the president of	53
the United States or the congress; or any other period of conflict	54
established by the United States department of veterans affairs	55
for pension purposes;	56

(2) Any person who was a member of the armed services of the	57
United States and participated in an operation for which the armed	58
forces expeditionary medal was awarded;	59

(3) Any person who served as a member of the United States	60
merchant marine and to whom either of the following applies:	61

(a) The person has an honorable report of separation from the	62
active duty military service, form DD214 or DD215.	63

(b) The person served in the United States merchant marine	64
between December 7, 1941, and December 31, 1946, and died on	65
active duty while serving in a war zone during that period of	66
service.	67

(C) "Armed services of the United States" or "United States	68
armed forces" includes the army, air force, navy, marine corps,	69
coast guard, and such other military service branch as may be	70
designated by congress as a part of the armed forces of the United	71
States.	72

(D) "Board" means the Ohio war orphans scholarship board	73
created by section 5910.02 of the Revised Code.	74

(E) "Disabled" means having a sixty per cent or greater	75
service-connected disability or receiving benefits for permanent	76
and total nonservice-connected disability, as determined by the	77
United States department of veterans affairs.	78

(F) "United States merchant marine" includes the United	79
States army transport service and the United States naval	80
transport service.	81

Sec. 5910.02. There is hereby created an Ohio war orphans	82
scholarship board as part of the department of veterans services.	83
The board consists of eight members as follows: the chancellor of	84
the Ohio board of regents or the chancellor's designee; the	85
director of veterans services or the director's designee; one	86
member of the house of representatives, appointed by the speaker;	87
one member of the senate, appointed by the president of the	88
senate; and four members appointed by the governor, one of whom	89
shall be a representative of the American Legion, one of whom	90
shall be a representative of the Veterans of Foreign Wars, one of	91
whom shall be a representative of the Disabled American Veterans,	92
and one of whom shall be a representative of the AMVETS. At least	93
ninety days prior to the expiration of the term of office of the	94
representative of a veterans organization appointed by the	95
governor, the governor shall notify the state headquarters of the	96
affected organization of the need for an appointment and request	97
the organization to make at least three nominations. Within sixty	98
days after making the request for nominations, the governor may	99
make the appointment from the nominations received, or may reject	100
all the nominations and request at least three new nominations,	101
from which the governor shall make an appointment within thirty	102
days after making the request for the new nominations. If the	103
governor receives no nominations during this thirty-day period,	104
the governor may appoint any veteran.	105

Terms of office for the four members appointed by the	106
governor shall be for four years, commencing on the first day of	107
January and ending on the thirty-first day of December, except	108
that the term of the AMVETS representative shall expire December	109
31, 1998, and the new term that succeeds it shall commence on	110
January 1, 1999, and end on December 31, 2002. Each member shall	111
hold office from the date of the member's appointment until the	112
end of the term for which the member was appointed. The other	113
members shall serve during their terms of office. Any vacancy	114
shall be filled by appointment in the same manner as by original	115
appointment. Any member appointed to fill a vacancy occurring	116
prior to the expiration of the term for which the member's	117
predecessor was appointed shall hold office for the remainder of	118
such term. Any appointed member shall continue in office	119
subsequent to the expiration date of the member's term until the	120
member's successor takes office, or until a period of sixty days	121
has elapsed, whichever occurs first. The members of the board	122
shall serve without pay but shall be reimbursed for travel	123
expenses and for other actual and necessary expenses incurred in	124
the performance of their duties, not to exceed ten dollars per day	125
for ten days in any one year to be appropriated out of any moneys	126
in the state treasury to the credit of the general revenue fund.	127

The chancellor of the board of regents shall act as secretary	128
to the board and shall furnish such clerical and other assistance	129
as may be necessary to the performance of the duties of the board.	130

The board shall determine the number of scholarships to be	131
made available, receive applications for scholarships, pass upon	132
the eligibility of applicants, decide which applicants are to	133
receive scholarships, and do all other things necessary for the	134
proper administration of this chapter.	135

The board may apply for, and may receive and accept, grants,	136
and may receive and accept gifts, bequests, and contributions,	137
from public and private sources, including agencies and	138
instrumentalities of the United States and this state, and shall	139
deposit the grants, gifts, bequests, or contributions into the	140
Ohio war orphans scholarship fund.	141

Sec. 5910.07. The Ohio war orphans scholarship fund is	142
created in the state treasury. The fund shall consist of gifts,	143
bequests, grants, and contributions made to the fund. Investment	144
earnings of the fund shall be deposited into the fund. The fund	145
shall be used to operate the war orphans scholarship program and	146
to provide grants under sections 5910.01 to 5910.06 of the Revised	147
Code.	148

Sec. 5919.34. (A) As used in this section:

149

(1) "Academic term" means any one of the following:

150

(a) Fall term, which consists of fall semester or fall	151
quarter, as appropriate;	152

(b) Winter term, which consists of winter semester, winter	153
quarter, or spring semester, as appropriate;	154

155

(d) Summer term, which consists of summer semester or summer	156
quarter, as appropriate.	157

(2) "Eligible applicant" means any individual to whom all of	158
the following apply:	159

(a) The individual does not possess a baccalaureate degree.

160

(b) The individual has enlisted, re-enlisted, or extended	161
current enlistment in the Ohio national guard or is an individual	162
to which division (F) of this section applies.	163

(c) The individual is actively enrolled as a full-time or	164
part-time student for at least three credit hours of course work	165
in a semester or quarter in a two-year or four-year	166
degree-granting program at an institution of higher education or	167
in a diploma-granting program at an institution of higher	168
education that is a school of nursing.	169

(d) The individual has not accumulated ninety-six eligibility	170
units under division (E) of this section.	171

(3) "Institution of higher education" means an Ohio	172
institution of higher education that is state-assisted, that is	173
nonprofit and has received a certificate of authorization pursuant	174
to Chapter 1713. of the Revised Code, that is a private	175
institution exempt from regulation under Chapter 3332. of the	176
Revised Code as prescribed in section 3333.046 of the Revised	177
Code, or that holds a certificate of registration and program	178
authorization issued by the state board of career colleges and	179
schools pursuant to section 3332.05 of the Revised Code.	180

(4) "State university" has the same meaning as in section	181
3345.011 of the Revised Code.	182

(B) There is hereby created a scholarship program to be known	183
as the Ohio national guard scholarship program.	184

(C) If the adjutant general estimates that appropriations and	185
any funds in the Ohio national guard scholarship reserve fund are	186
insufficient to pay for all scholarships applied for under this	187
section and likely to be used during an academic term, the	188
adjutant general shall promptly inform all applicants not	189
receiving scholarships for that academic term of the next academic	190
term that appropriations will be adequate for the scholarships.	191
Any such eligible applicant may again apply for a scholarship	192
beginning that academic term if the applicant is in compliance	193
with all requirements established by this section and the adjutant	194
general for the program. The adjutant general shall process all	195
applications for scholarships for each academic term in the order	196
in which they are received. The scholarships shall be made without	197
regard to financial need. At no time shall one person be placed in	198
priority over another because of sex, race, or religion.	199

(D)(1) Except as provided in division (I) of this section,	200
for each academic term that an eligible applicant is approved for	201
a scholarship under this section and either remains a current	202
member in good standing of the Ohio national guard or is eligible	203
for a scholarship under division (F)(1) of this section, the	204
institution of higher education in which the applicant is enrolled	205
shall, if the applicant's enlistment obligation extends beyond the	206
end of that academic term or if division (F)(1) of this section	207
applies, be paid on the applicant's behalf the applicable one of	208
the following amounts:	209

(a) If the institution is state-assisted, an amount equal to	210
one hundred per cent of the institution's tuition charges;	211

(b) If the institution is a nonprofit private institution or	212
a private institution exempt from regulation under Chapter 3332.	213
of the Revised Code as prescribed in section 3333.046 of the	214
Revised Code, an amount equal to one hundred per cent of the	215
average tuition charges of all state universities;	216

(c) If the institution is an institution that holds a	217
certificate of registration from the state board of career	218
colleges and schools, the lesser of the following:	219

(i) An amount equal to one hundred per cent of the total	220
instructional and general charges of the institution;	221

(ii) An amount equal to one hundred per cent of the average	222
tuition charges of all state universities.	223

(2) An eligible applicant's scholarship shall not be reduced	224
by the amount of that applicant's benefits under "the Montgomery	225
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	226

(3) An eligible non-prior service applicant's scholarship	227
shall be reduced by the amount of the applicant's tuition benefits	228
under "The Post-9/11 Veterans Educational Assistance Act of 2008,"	229
110 Pub. L. No. 252, 122 Stat. 2323 (2008). An eligible prior	230
service applicant's scholarship shall be reduced by the amount of	231
the applicant's tuition benefits under "The Post-9/11 Veterans	232
Educational Assistance Act of 2008" unless the applicant qualified	233
for one hundred per cent tuition under that act and transfers the	234
federal benefits under that act's portability provisions.	235

(E) A scholarship recipient under this section shall be	236
entitled to receive scholarships under this section for the number	237
of quarters or semesters it takes the recipient to accumulate	238
ninety-six eligibility units as determined under divisions (E)(1)	239
to (3) of this section.	240

(1) To determine the maximum number of semesters or quarters	241
for which a recipient is entitled to a scholarship under this	242
section, the adjutant general shall convert a recipient's credit	243
hours of enrollment for each academic term into eligibility units	244
in accordance with the following table:	245

		The			246
Number of		following		The following	247
credit hours		number of		number of	248
of enrollment		eligibility		eligibility	249
in an academic		units if a		units if a	250
term	equals	semester	or	quarter	251
					252
12 or more hours		12 units		8 units	253
9 but less than 12		9 units		6 units	254
6 but less than 9		6 units		4 units	255

(2) A scholarship recipient under this section may continue	256
to apply for scholarships under this section until the recipient	257
has accumulated ninety-six eligibility units.	258

(3) If a scholarship recipient withdraws from courses prior	259
to the end of an academic term so that the recipient's enrollment	260
for that academic term is less than three credit hours, no	261
scholarship shall be paid on behalf of that person for that	262
academic term. Except as provided in division (F)(3) of this	263
section, if a scholarship has already been paid on behalf of the	264
person for that academic term, the adjutant general shall add to	265
that person's accumulated eligibility units the number of	266
eligibility units for which the scholarship was paid.	267

(F) This division applies to any eligible applicant called	268
into active duty on or after September 11, 2001. As used in this	269
division, "active duty" means active duty pursuant to an executive	270
order of the president of the United States, an act of the	271
congress of the United States, or section 5919.29 or 5923.21 of	272
the Revised Code.	273

(1) For a period of up to five years from when an	274
individual's enlistment obligation in the Ohio national guard	275
ends, an individual to whom this division applies is eligible for	276
scholarships under this section for those academic terms that were	277
missed or could have been missed as a result of the individual's	278
call into active duty. Scholarships shall not be paid for the	279
academic term in which an eligible applicant's enlistment	280
obligation ends unless an applicant is eligible under this	281
division for a scholarship for such academic term due to previous	282
active duty.	283

(2) When an individual to whom this division applies	284
withdraws or otherwise fails to complete courses, for which	285
scholarships have been awarded under this section, because the	286
individual was called into active duty, the institution of higher	287
education shall grant the individual a leave of absence from the	288
individual's education program and shall not impose any academic	289
penalty for such withdrawal or failure to complete courses.	290
Division (F)(2) of this section applies regardless of whether or	291
not the scholarship amount was paid to the institution of higher	292
education.	293

(3) If an individual to whom this division applies withdraws	294
or otherwise fails to complete courses because the individual was	295
called into active duty, and if scholarships for those courses	296
have already been paid, either:	297

(a) The adjutant general shall not add to that person's	298
accumulated eligibility units calculated under division (E) of	299
this section the number of eligibility units for the academic	300
courses or term for which the scholarship was paid and the	301
institution of higher education shall repay the scholarship amount	302
to the state.	303

(b) The adjutant general shall add to that individual's	304
accumulated eligibility units calculated under division (E) of	305
this section the number of eligibility units for the academic	306
courses or term for which the scholarship was paid if the	307
institution of higher education agrees to permit the individual to	308
complete the remainder of the academic courses in which the	309
individual was enrolled at the time the individual was called into	310
active duty.	311

(4) No individual who is discharged from the Ohio national	312
guard under other than honorable conditions shall be eligible for	313
scholarships under this division.	314

(G) A scholarship recipient under this section who fails to	315
complete the term of enlistment, re-enlistment, or extension of	316
current enlistment the recipient was serving at the time a	317
scholarship was paid on behalf of the recipient under this section	318
is liable to the state for repayment of a percentage of all Ohio	319
national guard scholarships paid on behalf of the recipient under	320
this section, plus interest at the rate of ten per cent per annum	321
calculated from the dates the scholarships were paid. This	322
percentage shall equal the percentage of the current term of	323
enlistment, re-enlistment, or extension of enlistment a recipient	324
has not completed as of the date the recipient is discharged from	325
the Ohio national guard.	326

The attorney general may commence a civil action on behalf of	327
the adjutant general to recover the amount of the scholarships and	328
the interest provided for in this division and the expenses	329
incurred in prosecuting the action, including court costs and	330
reasonable attorney's fees. A scholarship recipient is not liable	331
under this division if the recipient's failure to complete the	332
term of enlistment being served at the time a scholarship was paid	333
on behalf of the recipient under this section is due to the	334
recipient's death; discharge from the national guard due to	335
disability; or the recipient's enlistment, for a term not less	336
than the recipient's remaining term in the national guard, in the	337
active component of the United States armed forces or the active	338
reserve component of the United States armed forces.	339

(H) On or before the first day of each academic term, the	340
adjutant general shall provide an eligibility roster to each	341
institution of higher education at which one or more scholarship	342
recipients have applied for enrollment. The institution shall use	343
the roster to certify the actual full-time or part-time enrollment	344
of each scholarship recipient listed as enrolled at the	345
institution and return the roster to the adjutant general. The	346
adjutant general shall report to the chancellor of the Ohio board	347
of regents the number of students in the Ohio national guard	348
scholarship program at each institution of higher education. The	349
chancellor shall provide for payment of the appropriate number and	350
amount of scholarships to each institution of higher education	351
pursuant to division (D) of this section. If an institution of	352
higher education fails to certify the actual enrollment of a	353
scholarship recipient listed as enrolled at the institution within	354
thirty days of the end of an academic term, the institution shall	355
not be eligible to receive payment from the Ohio national guard	356
scholarship program or from the individual enrollee. The adjutant	357
general shall report on a quarterly basis to the director of	358
budget and management, the speaker of the house of	359
representatives, and the president of the senate the number of	360
Ohio national guard scholarship recipients and a projection of the	361
cost of the program for the remainder of the biennium.	362

(I) The chancellor and the adjutant general may adopt rules	363
pursuant to Chapter 119. of the Revised Code governing the	364
administration and fiscal management of the Ohio national guard	365
scholarship program and the procedure by which the chancellor and	366
the department of the adjutant general may modify the amount of	367
scholarships a member receives based on the amount of other state	368
financial aid a member receives.	369

(J) Notwithstanding division (A) of section 127.14 of the	370
Revised Code, the controlling board shall not transfer all or part	371
of any appropriation for the Ohio national guard scholarship	372
program.	373

(K) The chancellor and the adjutant general may apply for,	374
and may receive and accept grants, and may receive and accept	375
gifts, bequests, and contributions, from public and private	376
sources, including agencies and instrumentalities of the United	377
States and this state, and shall deposit the grants, gifts,	378
bequests, or contributions into the national guard scholarship	379
reserve fund.	380

Section 2. That existing sections 5910.01, 5910.02, and	381
5919.34 of the Revised Code are hereby repealed.	382