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Sub. H. B. No. 280 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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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, Adams, R., Amstutz, Anielski, Antonio, Ashford, Baker, Barnes, Beck, Blessing, Boose, Carney, Celebrezze, Celeste, Cera, Clyde, Combs, Conditt, Damschroder, DeVitis, Driehaus, Duffey, Fedor, Foley, Garland, Gerberry, Goyal, Hall, Hayes, Heard, Henne, Hill, Huffman, Kozlowski, Mallory, Martin, Matheney, McClain, McGregor, Murray, O'Brien, Patmon, Phillips, Ramos, Roegner, Rose, Ruhl, Schuring, Sears, Slaby, Slesnick, Stautberg, Stinziano, Szollosi, Terhar, Thompson, Uecker, Williams, Winburn, Young Speaker Batchelder
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
amended and section 5910.07 of the Revised Code be enacted to read
as follows:
Sec. 5910.01. As used in this chapter and section 5919.34 of
the Revised Code:
(A) "Child" includes natural and adopted children and
stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and
the veteran parent meets the following criteria:
(1) The veteran parent is married to the child's natural or
adoptive parent at the time application for a scholarship granted
under this chapter is made; or if the veteran parent is deceased,
the child's natural or adoptive parent was married to the veteran
parent at the time of the veteran parent's death;
(2) The child resided with the veteran parent for a period of
not less than ten consecutive years immediately prior to making
application for the scholarship; or if the veteran parent is
deceased, the child resided with the veteran parent for a period
of not less than ten consecutive years immediately prior to the
veteran parent's death;
(3) The child received financial support from the veteran
parent for a period of not less than ten consecutive years
immediately prior to making application for the scholarship; or if
the veteran parent is deceased, the child received financial
support from the veteran parent for a period of not less than ten
consecutive years immediately prior to the veteran parent's death.
(B) "Veteran" includes either any of the following:
(1) Any person who was a member of the armed services of the
United States for a period of ninety days or more, or who was
discharged from the armed services due to a disability incurred
while a member with less than ninety days' service, or who died
while a member of the armed services; provided that such service,
disability, or death occurred during one of the following periods:
April 6, 1917, to November 11, 1918; December 7, 1941, to December
31, 1946; June 25, 1950, to January 31, 1955; January 1, 1960, to
May 7, 1975; August 2, 1990, to the end of operations conducted as
a result of the invasion of Kuwait by Iraq, including support for
operation desert shield and operation desert storm, as declared by
the president of the United States or the congress; October 7,
2001, to the end of operation enduring freedom as declared by the
president of the United States or the congress; March 20, 2003, to
the end of operation Iraqi freedom as declared by the president of
the United States or the congress; or any other period of conflict
established by the United States department of veterans affairs
for pension purposes;
(2) Any person who was a member of the armed services of the
United States and participated in an operation for which the armed
forces expeditionary medal was awarded;
(3) Any person who served as a member of the United States
merchant marine and to whom either of the following applies:
(a) The person has an honorable report of separation from the
active duty military service, form DD214 or DD215.
(b) The person served in the United States merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of
service.
(C) "Armed services of the United States" or "United States
armed forces" includes the army, air force, navy, marine corps,
coast guard, and such other military service branch as may be
designated by congress as a part of the armed forces of the United
States.
(D) "Board" means the Ohio war orphans scholarship board
created by section 5910.02 of the Revised Code.
(E) "Disabled" means having a sixty per cent or greater
service-connected disability or receiving benefits for permanent
and total nonservice-connected disability, as determined by the
United States department of veterans affairs.
(F) "United States merchant marine" includes the United
States army transport service and the United States naval
transport service.
Sec. 5910.02. There is hereby created an Ohio war orphans
scholarship board as part of the department of veterans services.
The board consists of eight members as follows: the chancellor of
the Ohio board of regents or the chancellor's designee; the
director of veterans services or the director's designee; one
member of the house of representatives, appointed by the speaker;
one member of the senate, appointed by the president of the
senate; and four members appointed by the governor, one of whom
shall be a representative of the American Legion, one of whom
shall be a representative of the Veterans of Foreign Wars, one of
whom shall be a representative of the Disabled American Veterans,
and one of whom shall be a representative of the AMVETS. At least
ninety days prior to the expiration of the term of office of the
representative of a veterans organization appointed by the
governor, the governor shall notify the state headquarters of the
affected organization of the need for an appointment and request
the organization to make at least three nominations. Within sixty
days after making the request for nominations, the governor may
make the appointment from the nominations received, or may reject
all the nominations and request at least three new nominations,
from which the governor shall make an appointment within thirty
days after making the request for the new nominations. If the
governor receives no nominations during this thirty-day period,
the governor may appoint any veteran.
Terms of office for the four members appointed by the
governor shall be for four years, commencing on the first day of
January and ending on the thirty-first day of December, except
that the term of the AMVETS representative shall expire December
31, 1998, and the new term that succeeds it shall commence on
January 1, 1999, and end on December 31, 2002. Each member shall
hold office from the date of the member's appointment until the
end of the term for which the member was appointed. The other
members shall serve during their terms of office. Any vacancy
shall be filled by appointment in the same manner as by original
appointment. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of
such term. Any appointed member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. The members of the board
shall serve without pay but shall be reimbursed for travel
expenses and for other actual and necessary expenses incurred in
the performance of their duties, not to exceed ten dollars per day
for ten days in any one year to be appropriated out of any moneys
in the state treasury to the credit of the general revenue fund.
The chancellor of the board of regents shall act as secretary
to the board and shall furnish such clerical and other assistance
as may be necessary to the performance of the duties of the board.
The board shall determine the number of scholarships to be
made available, receive applications for scholarships, pass upon
the eligibility of applicants, decide which applicants are to
receive scholarships, and do all other things necessary for the
proper administration of this chapter.
The board may apply for, and may receive and accept, grants,
and may receive and accept gifts, bequests, and contributions,
from public and private sources, including agencies and
instrumentalities of the United States and this state, and shall
deposit the grants, gifts, bequests, or contributions into the
Ohio war orphans scholarship fund.
Sec. 5910.07. The Ohio war orphans scholarship fund is
created in the state treasury. The fund shall consist of gifts,
bequests, grants, and contributions made to the fund. Investment
earnings of the fund shall be deposited into the fund. The fund
shall be used to operate the war orphans scholarship program and
to provide grants under sections 5910.01 to 5910.06 of the Revised
Code.
Sec. 5919.34. (A) As used in this section:
(1) "Academic term" means any one of the following:
(a) Fall term, which consists of fall semester or fall
quarter, as appropriate;
(b) Winter term, which consists of winter semester, winter
quarter, or spring semester, as appropriate;
(c) Spring term, which consists of spring quarter;
(d) Summer term, which consists of summer semester or summer
quarter, as appropriate.
(2) "Eligible applicant" means any individual to whom all of
the following apply:
(a) The individual does not possess a baccalaureate degree.
(b) The individual has enlisted, re-enlisted, or extended
current enlistment in the Ohio national guard or is an individual
to which division (F) of this section applies.
(c) The individual is actively enrolled as a full-time or
part-time student for at least three credit hours of course work
in a semester or quarter in a two-year or four-year
degree-granting program at an institution of higher education or
in a diploma-granting program at an institution of higher
education that is a school of nursing.
(d) The individual has not accumulated ninety-six eligibility
units under division (E) of this section.
(3) "Institution of higher education" means an Ohio
institution of higher education that is state-assisted, that is
nonprofit and has received a certificate of authorization pursuant
to Chapter 1713. of the Revised Code, that is a private
institution exempt from regulation under Chapter 3332. of the
Revised Code as prescribed in section 3333.046 of the Revised
Code, or that holds a certificate of registration and program
authorization issued by the state board of career colleges and
schools pursuant to section 3332.05 of the Revised Code.
(4) "State university" has the same meaning as in section
3345.011 of the Revised Code.
(B) There is hereby created a scholarship program to be known
as the Ohio national guard scholarship program.
(C) If the adjutant general estimates that appropriations and
any funds in the Ohio national guard scholarship reserve fund are
insufficient to pay for all scholarships applied for under this
section and likely to be used during an academic term, the
adjutant general shall promptly inform all applicants not
receiving scholarships for that academic term of the next academic
term that appropriations will be adequate for the scholarships.
Any such eligible applicant may again apply for a scholarship
beginning that academic term if the applicant is in compliance
with all requirements established by this section and the adjutant
general for the program. The adjutant general shall process all
applications for scholarships for each academic term in the order
in which they are received. The scholarships shall be made without
regard to financial need. At no time shall one person be placed in
priority over another because of sex, race, or religion.
(D)(1) Except as provided in division (I) of this section,
for each academic term that an eligible applicant is approved for
a scholarship under this section and either remains a current
member in good standing of the Ohio national guard or is eligible
for a scholarship under division (F)(1) of this section, the
institution of higher education in which the applicant is enrolled
shall, if the applicant's enlistment obligation extends beyond the
end of that academic term or if division (F)(1) of this section
applies, be paid on the applicant's behalf the applicable one of
the following amounts:
(a) If the institution is state-assisted, an amount equal to
one hundred per cent of the institution's tuition charges;
(b) If the institution is a nonprofit private institution or
a private institution exempt from regulation under Chapter 3332.
of the Revised Code as prescribed in section 3333.046 of the
Revised Code, an amount equal to one hundred per cent of the
average tuition charges of all state universities;
(c) If the institution is an institution that holds a
certificate of registration from the state board of career
colleges and schools, the lesser of the following:
(i) An amount equal to one hundred per cent of the total
instructional and general charges of the institution;
(ii) An amount equal to one hundred per cent of the average
tuition charges of all state universities.
(2) An eligible applicant's scholarship shall not be reduced
by the amount of that applicant's benefits under "the Montgomery
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).
(3) An eligible non-prior service applicant's scholarship
shall be reduced by the amount of the applicant's tuition benefits
under "The Post-9/11 Veterans Educational Assistance Act of 2008,"
110 Pub. L. No. 252, 122 Stat. 2323 (2008). An eligible prior
service applicant's scholarship shall be reduced by the amount of
the applicant's tuition benefits under "The Post-9/11 Veterans
Educational Assistance Act of 2008" unless the applicant qualified
for one hundred per cent tuition under that act and transfers the
federal benefits under that act's portability provisions.
(E) A scholarship recipient under this section shall be
entitled to receive scholarships under this section for the number
of quarters or semesters it takes the recipient to accumulate
ninety-six eligibility units as determined under divisions (E)(1)
to (3) of this section.
(1) To determine the maximum number of semesters or quarters
for which a recipient is entitled to a scholarship under this
section, the adjutant general shall convert a recipient's credit
hours of enrollment for each academic term into eligibility units
in accordance with the following table:
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The |
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Number of |
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following |
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The following |
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credit hours |
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number of |
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number of |
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of enrollment |
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eligibility
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eligibility |
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in an academic |
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units if a |
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units if a |
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term |
equals |
semester |
or |
quarter |
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12 or more hours |
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12 units |
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8 units |
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9 but less than 12 |
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9 units |
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6 units |
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6 but less than 9 |
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6 units |
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4 units |
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(2) A scholarship recipient under this section may continue
to apply for scholarships under this section until the recipient
has accumulated ninety-six eligibility units.
(3) If a scholarship recipient withdraws from courses prior
to the end of an academic term so that the recipient's enrollment
for that academic term is less than three credit hours, no
scholarship shall be paid on behalf of that person for that
academic term. Except as provided in division (F)(3) of this
section, if a scholarship has already been paid on behalf of the
person for that academic term, the adjutant general shall add to
that person's accumulated eligibility units the number of
eligibility units for which the scholarship was paid.
(F) This division applies to any eligible applicant called
into active duty on or after September 11, 2001. As used in this
division, "active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(1) For a period of up to five years from when an
individual's enlistment obligation in the Ohio national guard
ends, an individual to whom this division applies is eligible for
scholarships under this section for those academic terms that were
missed or could have been missed as a result of the individual's
call into active duty. Scholarships shall not be paid for the
academic term in which an eligible applicant's enlistment
obligation ends unless an applicant is eligible under this
division for a scholarship for such academic term due to previous
active duty.
(2) When an individual to whom this division applies
withdraws or otherwise fails to complete courses, for which
scholarships have been awarded under this section, because the
individual was called into active duty, the institution of higher
education shall grant the individual a leave of absence from the
individual's education program and shall not impose any academic
penalty for such withdrawal or failure to complete courses.
Division (F)(2) of this section applies regardless of whether or
not the scholarship amount was paid to the institution of higher
education.
(3) If an individual to whom this division applies withdraws
or otherwise fails to complete courses because the individual was
called into active duty, and if scholarships for those courses
have already been paid, either:
(a) The adjutant general shall not add to that person's
accumulated eligibility units calculated under division (E) of
this section the number of eligibility units for the academic
courses or term for which the scholarship was paid and the
institution of higher education shall repay the scholarship amount
to the state.
(b) The adjutant general shall add to that individual's
accumulated eligibility units calculated under division (E) of
this section the number of eligibility units for the academic
courses or term for which the scholarship was paid if the
institution of higher education agrees to permit the individual to
complete the remainder of the academic courses in which the
individual was enrolled at the time the individual was called into
active duty.
(4) No individual who is discharged from the Ohio national
guard under other than honorable conditions shall be eligible for
scholarships under this division.
(G) A scholarship recipient under this section who fails to
complete the term of enlistment, re-enlistment, or extension of
current enlistment the recipient was serving at the time a
scholarship was paid on behalf of the recipient under this section
is liable to the state for repayment of a percentage of all Ohio
national guard scholarships paid on behalf of the recipient under
this section, plus interest at the rate of ten per cent per annum
calculated from the dates the scholarships were paid. This
percentage shall equal the percentage of the current term of
enlistment, re-enlistment, or extension of enlistment a recipient
has not completed as of the date the recipient is discharged from
the Ohio national guard.
The attorney general may commence a civil action on behalf of
the adjutant general to recover the amount of the scholarships and
the interest provided for in this division and the expenses
incurred in prosecuting the action, including court costs and
reasonable attorney's fees. A scholarship recipient is not liable
under this division if the recipient's failure to complete the
term of enlistment being served at the time a scholarship was paid
on behalf of the recipient under this section is due to the
recipient's death; discharge from the national guard due to
disability; or the recipient's enlistment, for a term not less
than the recipient's remaining term in the national guard, in the
active component of the United States armed forces or the active
reserve component of the United States armed forces.
(H) On or before the first day of each academic term, the
adjutant general shall provide an eligibility roster to each
institution of higher education at which one or more scholarship
recipients have applied for enrollment. The institution shall use
the roster to certify the actual full-time or part-time enrollment
of each scholarship recipient listed as enrolled at the
institution and return the roster to the adjutant general. The
adjutant general shall report to the chancellor of the Ohio board
of regents the number of students in the Ohio national guard
scholarship program at each institution of higher education. The
chancellor shall provide for payment of the appropriate number and
amount of scholarships to each institution of higher education
pursuant to division (D) of this section. If an institution of
higher education fails to certify the actual enrollment of a
scholarship recipient listed as enrolled at the institution within
thirty days of the end of an academic term, the institution shall
not be eligible to receive payment from the Ohio national guard
scholarship program or from the individual enrollee. The adjutant
general shall report on a quarterly basis to the director of
budget and management, the speaker of the house of
representatives, and the president of the senate the number of
Ohio national guard scholarship recipients and a projection of the
cost of the program for the remainder of the biennium.
(I) The chancellor and the adjutant general may adopt rules
pursuant to Chapter 119. of the Revised Code governing the
administration and fiscal management of the Ohio national guard
scholarship program and the procedure by which the chancellor and
the department of the adjutant general may modify the amount of
scholarships a member receives based on the amount of other state
financial aid a member receives.
(J) Notwithstanding division (A) of section 127.14 of the
Revised Code, the controlling board shall not transfer all or part
of any appropriation for the Ohio national guard scholarship
program.
(K) The chancellor and the adjutant general may apply for,
and may receive and accept grants, and may receive and accept
gifts, bequests, and contributions, from public and private
sources, including agencies and instrumentalities of the United
States and this state, and shall deposit the grants, gifts,
bequests, or contributions into the national guard scholarship
reserve fund.
Section 2. That existing sections 5910.01, 5910.02, and
5919.34 of the Revised Code are hereby repealed.
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