SOURCE: Page 3, line 21; (05)AM030401.3. -->
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SOURCE: IC 20-12-21-5.1; (05)AM030401.2. -->
"SECTION 2. IC 20-12-21-5.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.1. (a) In addition
to the duties described in section 5(a) of this chapter, the commission
shall do the following:
(1) Prepare and supervise the issuance of public information
concerning all of the commission's programs.
(2) Prescribe the form and regulate the submission of applications
for all of the commission's programs.
(3) Determine the amounts of grants and scholarships.
(4) Determine eligibility for grants and scholarships.
(5) Receive federal funds made available to the commission for
awards, grants, and scholarships, and disburse these funds in the
manner prescribed by federal law.
(b) In addition to the powers described in section 5(b) of this
chapter, the commission may do the following:
(1) Accept gifts, grants, devises, or bequests for the purpose of
providing grants, awards, scholarships, loans, or other forms of
financial aid to students attending approved institutions of higher
(2) Enter into contracts, subject to IC 4-13-2, that the commission
determines are necessary to carry out the commission's functions.
(3) Provide administrative or technical assistance to other
governmental or nongovernmental entities if the provision of this
assistance will increase the number and value of grants, awards,
scholarships, or loans available to students attending approved
institutions of higher learning.
(c) When the commission receives an offer of a gift, grant, devise,
or bequest under subsection (b)(1), the commission may accept
stipulations on the use of the donated funds. In this case, sections 7(d)
and 17 of this chapter do not apply. Before accepting a gift, grant,
devise, or bequest, the commission shall determine that the purposes
for which a donor proposes to provide funds are:
(2) in the state's best interests; and
(3) generally consistent with the commission's programs and
Whenever the commission agrees to stipulations on the use of donated
funds under this subsection, the commission and the donor shall,
subject to approval by the state budget agency and the governor or the
governor's designee, execute an agreement.
(d) Whenever the commission agrees to provide administrative or
technical assistance under subsection (b)(3), the commission and the
party to whom the assistance is to be provided shall execute an
(1) the assistance that is to be provided; and
(2) the charges, if any, that are to be assessed by the commission
for providing this assistance.
The commission may waive charges for administrative or technical
assistance under this subsection if the commission determines that a
waiver is in the best interest of the state. Agreements to provide
assistance under this subsection must be approved by the budget
agency and the governor or the governor's designee.
(e) The commission shall exercise its functions without regard to an
applicant's race, creed, sex, color, national origin, or ancestry.
(f) This subsection applies to a person called to active duty after
September 11, 2001. As used in this subsection, "active duty"
means full-time service in:
(1) the national guard (as defined in IC 10-16-1-13); or
(2) any reserve component of the:
(A) Indiana national guard; or
(B) armed forces;
that exceeds thirty (30) consecutive days in a calendar year. When
determining financial eligibility under subsection (a)(4) for a Frank
O'Bannon grant, which includes grants formerly designated as the
higher education award and the freedom of choice award, the
commission may not consider any salary for service on active duty
that is received by a member of the national guard who is called to
SOURCE: Page 3, line 29; (05)AM030401.3. -->
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