Citations Affected: IC 20-12-19.7; IC 20-12-21-5.1.
Synopsis: National Guard active duty benefits. Conference committee report for ESB 304.
Exempts spouses and children of National Guard members who are killed on state active duty
from payment of tuition and mandatory fees at a state educational institution. Provides that a
determination of an individual's eligibility for the tuition exemption is vested exclusively with
the Indiana military department. Makes the knowing or intentional submission of a false or
misleading application or statement to obtain the tuition exemption a Class A misdemeanor.
Provides that the state student assistance commission may exempt income earned by a member
of the National Guard or any reserve component of the National Guard or armed forces while
deployed overseas from consideration as income in determining eligibility for the Frank
O'Bannon grant program. (This conference report: (1) allows, rather than requires, the state
student assistance commission to exempt income earned by a member of the National
Guard or any reserve component of the National Guard or armed forces while deployed
overseas from consideration as income in determining eligibility for the Frank O'Bannon
grant program; (2) removes provisions waiving the application deadline established by
state student assistance commission to apply for or renew a tuition scholarship awarded
under the National Guard tuition supplement program, if a person is serving on active duty
on January 1, and establishing an application deadline of 30 days before the first day of a
semester or term of the state educational institution in which the person is enrolled; and
(3) corrects technical errors in the bill.)
Effective: Upon passage; July 1, 2005.
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 304 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
subsection (a) for all semester credit hours in which the individual
enrolls up to a maximum of one hundred twenty-four (124)
semester credit hours.
(c) An individual qualifying for or receiving the tuition
exemption described in subsection (a) is entitled to enter, remain,
and receive instruction at a state educational institution under the
same conditions, qualifications, and regulations that apply to:
(1) applicants for admission to; or
(2) students enrolled in;
the state educational institution who do not qualify for or receive
the tuition exemption.
(d) For purposes of this section, the commission for higher
education established by IC 20-12-0.5-2 shall define the mandatory
fees in consultation with the state student assistance commission
established by IC 20-12-21-4.
Sec. 3. If an individual who:
(1) qualifies for or is receiving the tuition exemption under
section 2 of this chapter; and
(2) receives other financial assistance specifically designated
for tuition and mandatory fees at the state educational
institution in which the individual is enrolled or will enroll;
the state educational institution shall deduct the amount of the
financial assistance specifically designated for tuition and
mandatory fees from the amount of the tuition exemption under
section 2 of this chapter.
Sec. 4. If an individual who:
(1) qualifies for or is receiving the tuition exemption under
section 2 of this chapter; and
(2) earns or is awarded a cash scholarship from any source
that is paid or payable to the state education institution in
which the individual is enrolled or will enroll;
the state educational institution shall credit the amount of the cash
scholarship to the individual for the payment of incidental expenses
incurred by the individual in attending the state educational
institution, with the balance, if any, of the award, if the terms of the
scholarship permit, paid to the individual.
Sec. 5. (a) The determination as to whether an individual is
eligible for the tuition exemption authorized by this chapter is
vested exclusively with the military department established by
IC 10-16-2-1.
(b) An applicant for the tuition exemption shall make a written
request to the adjutant general for a determination of the
individual's eligibility.
(c) In response to each request described in subsection (b), the
adjutant general shall make a written determination of the
applicant's eligibility.
(d) An applicant may appeal an adverse determination in writing
to the military department not more than fifteen (15) business days
after the date the applicant receives the determination under
subsection (c).
(e) The military department shall issue a final order not more
than fifteen (15) business days after the department receives a
written appeal under subsection (d).
Sec. 6. A person who knowingly or intentionally:
(1) submits a false or misleading application or another
document; or
(2) makes a false or misleading statement;
to obtain a benefit under this chapter commits a Class A
misdemeanor.
agreement specifying:
(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 exclude any salary for service on active duty.
____________________________ ____________________________
Senator WyssRepresentative Alderman
Chairperson
____________________________ ____________________________
Senator CraycraftRepresentative Reske
Senate Conferees House Conferees