As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                             H. B. No. 740       5            

      1999-2000                                                    6            


                     REPRESENTATIVE GARDNER                        7            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend section 3333.26 of the Revised Code to       11           

                waive tuition payments for the children and        12           

                spouses of public service officers killed in the                

                line of duty.                                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        14           

      Section 1.  That section 3333.26 of the Revised Code be      16           

amended to read as follows:                                        17           

      Sec. 3333.26.  (A)  Any citizen of this state who has        26           

resided within the state for one year and who was in the active    27           

service of the United States as a soldier, sailor, nurse, or       28           

marine between April 6, 1917, and November 11, 1918, and who has   29           

been honorably discharged from such service, shall be admitted to  30           

any school, college, or university that receives state funds in    31           

support thereof, without being required to pay any tuition or      32           

matriculation fee, but is not relieved from the payment of         33           

laboratory or similar fees.                                        34           

      (B)(1)  As used in this division:                            36           

      (a)  "Volunteer fire fighter" has the meaning given in       39           

division (B)(1) of section 146.01 of the Revised Code;             40           

      (b)  "PUBLIC SERVICE OFFICER" MEANS AN OHIO FIRE FIGHTER,    42           

VOLUNTEER FIRE FIGHTER, POLICE OFFICER, MEMBER OF THE HIGHWAY      43           

PATROL, EMPLOYEE DESIGNATED TO EXERCISE THE POWERS OF POLICE       44           

OFFICERS PURSUANT TO SECTION 1545.13 OF THE REVISED CODE, OR       45           

OTHER PEACE OFFICER AS DEFINED BY DIVISION (B) OF SECTION 2935.01  46           

OF THE REVISED CODE, OR A PERSON HOLDING ANY EQUIVALENT POSITION   47           

IN ANOTHER STATE;                                                               

                                                          2      


                                                                 
      (c)  "Qualified former spouse" means the former spouse of a  50           

fire fighter or law enforcement PUBLIC SERVICE officer described   51           

in division (B)(3) of this section who is the custodial parent of  52           

a minor child of that marriage pursuant to an order allocating     53           

the parental rights and responsibilities for care of the child     54           

issued pursuant to section 3109.04 of the Revised Code.            56           

      (2)  Any resident of this state who is under twenty-six      58           

years of age, or under thirty years of age if the resident has     59           

been honorably discharged from the armed services of the United    60           

States, and who is the child of an Ohio fire fighter, volunteer    61           

fire fighter, police officer, member of the highway patrol,        62           

employee designated to exercise the powers of police officers      63           

pursuant to section 1545.13 of the Revised Code, or other peace    64           

officer as defined by division (B) of section 2935.01 of the       65           

Revised Code, A PUBLIC SERVICE OFFICER killed in the line of       67           

duty, and who is admitted to any state university or college as    68           

defined in division (A)(1) of section 3345.12 of the Revised       69           

Code, community college, state community college, university       70           

branch, or technical college, shall not be required to pay any     71           

tuition or any student fee for up to four academic years of        72           

education, which shall be at the undergraduate level.                           

      (3)  Any resident of this state who is the spouse or         74           

qualified former spouse of an Ohio fire fighter, volunteer fire    77           

fighter, police officer, member of the highway patrol, employee    78           

designated to exercise powers of police officers pursuant to       79           

section 1545.13 of the Revised Code, or other peace officer as     81           

defined in division (B) of section 2935.01 of the Revised Code, A  84           

PUBLIC SERVICE OFFICER killed in the line of duty, and who is      85           

admitted to any state university or college as defined in          86           

division (A)(1) of section 3345.12 of the Revised Code, community  88           

college, state community college, university branch, or technical  89           

college, shall not be required to pay any tuition or any student   90           

fee for up to four academic years of education, which shall be at  91           

the undergraduate level.                                           92           

                                                          3      


                                                                 
      (C)  Any institution that is not subject to division (B) of  94           

this section and that holds a valid certificate of registration    95           

issued under Chapter 3332., a valid certificate issued under       96           

Chapter 4709., or a valid license issued under Chapter 4713. of    97           

the Revised Code, or that is nonprofit and has a certificate of    98           

authorization issued under section 1713.02 of the Revised Code     99           

that reduces tuition and student fees of a student who is          100          

eligible to attend an institution of higher education under the    101          

provisions of division (B) of this section by an amount indicated  102          

by the Ohio board of regents shall be eligible to receive a grant  104          

in that amount from the board.  Each institution that enrolls      105          

students under division (B) of this section shall report to the    106          

board, by the first day of July of each year, the number of        107          

students who were so enrolled and the average amount of all such   108          

tuition and fees waived during the preceding year.  The board      109          

shall determine the average amount of all such tuition and fees    110          

waived during the preceding year.  The average amount of tuition   111          

and fees waived under division (B) of this section during the      112          

preceding year shall be the amount of grants that participating    113          

institutions shall receive under this division during the current  114          

year, but no grant under this division shall exceed the tuition    115          

and student fees due and payable by the student prior to the       116          

reduction referred to in this division.  Such grants shall be      117          

made for four years of undergraduate education of an eligible      118          

student.                                                                        

      Section 2.  That existing section 3333.26 of the Revised     120          

Code is hereby repealed.                                           121          

      Section 3.  Section 3333.26 of the Revised Code is           123          

presented in this act as a composite of the section as amended by  124          

both Am. Sub. H.B. 281 and Am. Sub. H.B. 627 of the 121st General  125          

Assembly, with the new language of neither of the acts shown in    127          

capital letters.  This is in recognition of the principle stated   128          

in division (B) of section 1.52 of the Revised Code that such      129          

amendments are to be harmonized where not substantively            130          

                                                          4      


                                                                 
irreconcilable and constitutes a legislative finding that such is  131          

the resulting version in effect prior to the effective date of     132          

this act.