As Reported by House Finance and Appropriations Committee      1            

123rd General Assembly                                             4            

   Regular Session                             H. B. No. 740       5            

      1999-2000                                                    6            


   REPRESENTATIVES GARDNER-CORBIN-MEAD-JONES-AMSTUTZ-BARRETT-      7            

   BOYD-CAREY-COUGHLIN-DAMSCHRODER-EVANS-HOOPS-KILBANE-KREBS-      8            

      METELSKY-METZGER-D. MILLER-R. MILLER-MOTTLEY-NETZLEY-        9            

  O'BRIEN-OGG-PERRY-PETERSON-ROBERTS-STAPLETON-SULLIVAN-VESPER-    10           

                             WILSON                                11           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend section 3333.26 of the Revised Code to       15           

                waive tuition payments for the children and        16           

                spouses of public service officers killed in the                

                line of duty.                                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 3333.26 of the Revised Code be      20           

amended to read as follows:                                        21           

      Sec. 3333.26.  (A)  Any citizen of this state who has        30           

resided within the state for one year and who was in the active    31           

service of the United States as a soldier, sailor, nurse, or       32           

marine between April 6, 1917, and November 11, 1918, and who has   33           

been honorably discharged from such service, shall be admitted to  34           

any school, college, or university that receives state funds in    35           

support thereof, without being required to pay any tuition or      36           

matriculation fee, but is not relieved from the payment of         37           

laboratory or similar fees.                                        38           

      (B)(1)  As used in this division:                            40           

      (a)  "Volunteer fire fighter" has the meaning given in       43           

division (B)(1) of section 146.01 of the Revised Code;             44           

      (b)  "PUBLIC SERVICE OFFICER" MEANS AN OHIO FIRE FIGHTER,    46           

VOLUNTEER FIRE FIGHTER, POLICE OFFICER, MEMBER OF THE HIGHWAY      47           

PATROL, EMPLOYEE DESIGNATED TO EXERCISE THE POWERS OF POLICE       48           

                                                          2      


                                                                 
OFFICERS PURSUANT TO SECTION 1545.13 OF THE REVISED CODE, OR       49           

OTHER PEACE OFFICER AS DEFINED BY DIVISION (B) OF SECTION 2935.01  50           

OF THE REVISED CODE, OR A PERSON HOLDING ANY EQUIVALENT POSITION   51           

IN ANOTHER STATE;                                                               

      (c)  "Qualified former spouse" means the former spouse of a  54           

fire fighter or law enforcement PUBLIC SERVICE officer described   55           

in division (B)(3) of this section who is the custodial parent of  56           

a minor child of that marriage pursuant to an order allocating     57           

the parental rights and responsibilities for care of the child     58           

issued pursuant to section 3109.04 of the Revised Code.            60           

      (2)  Any resident of this state who is under twenty-six      62           

years of age, or under thirty years of age if the resident has     63           

been honorably discharged from the armed services of the United    64           

States, and who is the child of an Ohio fire fighter, volunteer    65           

fire fighter, police officer, member of the highway patrol,        66           

employee designated to exercise the powers of police officers      67           

pursuant to section 1545.13 of the Revised Code, or other peace    68           

officer as defined by division (B) of section 2935.01 of the       69           

Revised Code, A PUBLIC SERVICE OFFICER killed in the line of       71           

duty, and who is admitted to any state university or college as    72           

defined in division (A)(1) of section 3345.12 of the Revised       73           

Code, community college, state community college, university       74           

branch, or technical college, shall not be required to pay any     75           

tuition or any student fee for up to four academic years of        76           

education, which shall be at the undergraduate level.                           

      (3)  Any resident of this state who is the spouse or         78           

qualified former spouse of an Ohio fire fighter, volunteer fire    81           

fighter, police officer, member of the highway patrol, employee    82           

designated to exercise powers of police officers pursuant to       83           

section 1545.13 of the Revised Code, or other peace officer as     85           

defined in division (B) of section 2935.01 of the Revised Code, A  88           

PUBLIC SERVICE OFFICER killed in the line of duty, and who is      89           

admitted to any state university or college as defined in          90           

division (A)(1) of section 3345.12 of the Revised Code, community  92           

                                                          3      


                                                                 
college, state community college, university branch, or technical  93           

college, shall not be required to pay any tuition or any student   94           

fee for up to four academic years of education, which shall be at  95           

the undergraduate level.                                           96           

      (C)  Any institution that is not subject to division (B) of  98           

this section and that holds a valid certificate of registration    99           

issued under Chapter 3332., a valid certificate issued under       100          

Chapter 4709., or a valid license issued under Chapter 4713. of    101          

the Revised Code, or that is nonprofit and has a certificate of    102          

authorization issued under section 1713.02 of the Revised Code     103          

that reduces tuition and student fees of a student who is          104          

eligible to attend an institution of higher education under the    105          

provisions of division (B) of this section by an amount indicated  106          

by the Ohio board of regents shall be eligible to receive a grant  108          

in that amount from the board.  Each institution that enrolls      109          

students under division (B) of this section shall report to the    110          

board, by the first day of July of each year, the number of        111          

students who were so enrolled and the average amount of all such   112          

tuition and fees waived during the preceding year.  The board      113          

shall determine the average amount of all such tuition and fees    114          

waived during the preceding year.  The average amount of tuition   115          

and fees waived under division (B) of this section during the      116          

preceding year shall be the amount of grants that participating    117          

institutions shall receive under this division during the current  118          

year, but no grant under this division shall exceed the tuition    119          

and student fees due and payable by the student prior to the       120          

reduction referred to in this division.  Such grants shall be      121          

made for four years of undergraduate education of an eligible      122          

student.                                                                        

      Section 2.  That existing section 3333.26 of the Revised     124          

Code is hereby repealed.                                           125          

      Section 3.  Section 3333.26 of the Revised Code is           127          

presented in this act as a composite of the section as amended by  128          

both Am. Sub. H.B. 281 and Am. Sub. H.B. 627 of the 121st General  129          

                                                          4      


                                                                 
Assembly, with the new language of neither of the acts shown in    131          

capital letters.  This is in recognition of the principle stated   132          

in division (B) of section 1.52 of the Revised Code that such      133          

amendments are to be harmonized where not substantively            134          

irreconcilable and constitutes a legislative finding that such is  135          

the resulting version in effect prior to the effective date of     136          

this act.