Offered April 2, 1997.

Senate Substitute adopted, April 2, 1997.

Taken up for Perfection April 2, 1997. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S1004.02P

To repeal sections 41.435, 42.002 and 42.105, RSMo 1994, and section 173.239, RSMo Supp. 1996, relating to the Missouri national guard, and to enact in lieu thereof two new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Sections 41.435, 42.002 and 42.105, RSMo 1994, and section 173.239, RSMo Supp. 1996, are repealed and four new sections enacted in lieu thereof, to be known as sections 41.435, 42.002, 42.105 and 173.239, to read as follows:

     41.435. 1. The adjutant general of the state of Missouri may pay out of funds appropriated for this purpose to each individual who reenlists or extends his or her initial enlistment in the Missouri national guard the sum [of one hundred dollars] equivalent to one month active base pay for each year of such reenlistment or extension. The maximum payment made to any individual for any one reenlistment or extension shall be [six hundred dollars] the sum equivalent of three months active base pay, payable in sums of one [hundred dollars] one month active base pay at the beginning of each year of service. No such payment shall be made until the individual satisfactorily completes all requirements established by the appropriate state and federal authorities for reenlistment or extension. Any reenlistment in the Missouri national guard must be accomplished within thirty days of the expiration of the preceding enlistment in order to be eligible for payment of this gratuity. Any member of the Missouri national guard who fails for any reason, except death or disability, to complete the period of reenlistment or extension for which he has received a gratuity under the provisions of this section shall be required to repay that part of the gratuity represented by the uncompleted portion of the reenlistment or extension contract.

     2. The adjutant general shall administer the provisions of this section.

     3. The provisions of this section shall terminate upon the resumption of inductions by the federal government under the provisions of the Universal Military Training and Service Act.

     42.002. As used in sections 42.002 to 42.140, unless the context clearly indicates otherwise, the following terms mean:

     (1) "Commission", the Missouri veterans' commission created by section 42.007;

     (2) "Executive director", the executive director of the Missouri veterans' commission, or his designee, under section 42.012;

     (3) "Missouri veterans' cemeteries", the property and facilities established and maintained pursuant to section 42.012;

     (4) "Missouri veterans' homes", the facilities established and maintained pursuant to section 42.100;

     (5) "Veteran", any person defined as a veteran by the United States Department of Veterans' Affairs or its successor agency or any person who has an honorable discharge from the national guard.

     42.105. Citizens of the state of Missouri who meet the criteria established by the United States Department of Veterans' Affairs, or its successor organization, for veteran status or who have an honorable discharge from the national guard and who require institutional health care services shall be entitled to admission into a Missouri veterans' home. No spouse of a qualified veteran shall be required to vacate the premises of a Missouri veterans' home if the spouse was a resident of the home on August 28, 1989.

     173.239. 1. Any member of the Missouri national guard who has served in the Missouri national guard [for at least one year] after December 31, 1983, and who possesses the qualifications set forth in this section may be awarded a scholarship to an approved public institution or an approved private institution, as those terms are defined in section 173.205, of his or her choice while he or she is a member of the Missouri national guard. Funding for scholarships under this section shall be requested annually in the budget of the Missouri national guard. Scholarships provided under this section shall not exceed funds appropriated for that purpose.

     2. Scholarships provided under this section shall not exceed the tuition amount nor shall any person receive a scholarship in excess of five hundred dollars per regular semester nor in excess of two hundred and fifty dollars per summer semester nor in excess of one thousand two hundred and fifty dollars per school year.

     3. (1) A member of the Missouri national guard seeking a scholarship pursuant to this section shall provide a certificate of satisfactory service of his or her Missouri national guard duties from his or her commanding officer and shall possess all other necessary entrance requirements of the school of his or her choice and shall [have maintained a cumulative] maintain a grade point average (GPA) of two point [five] zero on a four point scale, or the equivalent on another scale approved by the program administrator, while [in secondary school] attending the approved public or private institution;

     (2) If the grade point average (GPA) of a member who is receiving a scholarship pursuant to this section falls below two point zero on a four point scale, or the equivalent on another scale, such member shall retain the scholarship and shall be placed on probation under the scholarship program. Failure to achieve a current grade point average (GPA) of two point zero on a four point scale, or the equivalent on another scale for future semesters or equivalent academic terms shall result in termination of the scholarship effective as of the next academic term. The member shall be removed from probation status upon achieving a cumulative grade point average (GPA) of two point zero on a four point scale or the equivalent on another scale.

     4. If a recipient of a scholarship pursuant to this section ceases to be a member of the Missouri national guard while enrolled in a course of study or within three years after the completion of a course of study, the scholarship shall be terminated as of the date membership in the Missouri national guard ended and the recipient shall repay any amounts awarded pursuant to this section.

     5. Applicants for scholarship assistance pursuant to this section shall meet all qualifications established by section 173.215 excluding the provisions of subdivision (2) or (4) of section 173.215 and shall be qualified, full-time or part-time students. Applicants for scholarship assistance pursuant to this section shall have composite scores on the American College Testing Program (ACT) of twenty or higher.

     6. The scholarship program established under this section shall be administered by the office of the adjutant general of the Missouri national guard. The Missouri national guard shall establish guidelines for equitable distribution of scholarships considering need and ability.