As Passed by the House                        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-METTLER-TIBERI-WILLAMOWSKI-SCHULER-TERWILLEGER-A. CORE-    11           

    BUCHY-BRADING-MYERS-TAYLOR-CATES-CALLENDER-FORD-WIDENER-       13           

      WOMER BENJAMIN-ROMAN-HOLLISTER-SYKES-CLANCY-DePIERO-                      

     SALERNO-OLMAN-CALVERT-HUGHES-AUSTRIA-KRUPINSKI-GOODING-       14           

     REDFERN-FLANNERY-PATTON-YOUNG-HOOD-HEALY-SMITH-BRITTON-       15           

              ALLEN-BENDER-STEVENS-GRENDELL-SUTTON                 16           


_________________________________________________________________   19           

                          A   B I L L                                           

             To amend section 3333.26 of the Revised Code to       21           

                waive tuition payments for the children and        22           

                spouses of public service officers killed in the                

                line of duty.                                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That section 3333.26 of the Revised Code be      26           

amended to read as follows:                                        27           

      Sec. 3333.26.  (A)  Any citizen of this state who has        36           

resided within the state for one year and who was in the active    37           

service of the United States as a soldier, sailor, nurse, or       38           

marine between April 6, 1917, and November 11, 1918, and who has   39           

been honorably discharged from such service, shall be admitted to  40           

any school, college, or university that receives state funds in    41           

support thereof, without being required to pay any tuition or      42           

matriculation fee, but is not relieved from the payment of         43           

laboratory or similar fees.                                        44           

      (B)(1)  As used in this division:                            46           

                                                          2      


                                                                 
      (a)  "Volunteer fire fighter" has the meaning given in       49           

division (B)(1) of section 146.01 of the Revised Code;             50           

      (b)  "PUBLIC SERVICE OFFICER" MEANS AN OHIO FIRE FIGHTER,    52           

VOLUNTEER FIRE FIGHTER, POLICE OFFICER, MEMBER OF THE HIGHWAY      53           

PATROL, EMPLOYEE DESIGNATED TO EXERCISE THE POWERS OF POLICE       54           

OFFICERS PURSUANT TO SECTION 1545.13 OF THE REVISED CODE, OR       55           

OTHER PEACE OFFICER AS DEFINED BY DIVISION (B) OF SECTION 2935.01  56           

OF THE REVISED CODE, OR A PERSON HOLDING ANY EQUIVALENT POSITION   57           

IN ANOTHER STATE;                                                               

      (c)  "Qualified former spouse" means the former spouse of a  60           

fire fighter or law enforcement PUBLIC SERVICE officer described   61           

in division (B)(3) of this section who is the custodial parent of  62           

a minor child of that marriage pursuant to an order allocating     63           

the parental rights and responsibilities for care of the child     64           

issued pursuant to section 3109.04 of the Revised Code.            66           

      (2)  Any resident of this state who is under twenty-six      68           

years of age, or under thirty years of age if the resident has     69           

been honorably discharged from the armed services of the United    70           

States, and who is the child of an Ohio fire fighter, volunteer    71           

fire fighter, police officer, member of the highway patrol,        72           

employee designated to exercise the powers of police officers      73           

pursuant to section 1545.13 of the Revised Code, or other peace    74           

officer as defined by division (B) of section 2935.01 of the       75           

Revised Code, A PUBLIC SERVICE OFFICER killed in the line of       77           

duty, and who is admitted to any state university or college as    78           

defined in division (A)(1) of section 3345.12 of the Revised       79           

Code, community college, state community college, university       80           

branch, or technical college, shall not be required to pay any     81           

tuition or any student fee for up to four academic years of        82           

education, which shall be at the undergraduate level.                           

      (3)  Any resident of this state who is the spouse or         84           

qualified former spouse of an Ohio fire fighter, volunteer fire    87           

fighter, police officer, member of the highway patrol, employee    88           

designated to exercise powers of police officers pursuant to       89           

                                                          3      


                                                                 
section 1545.13 of the Revised Code, or other peace officer as     91           

defined in division (B) of section 2935.01 of the Revised Code, A  94           

PUBLIC SERVICE OFFICER killed in the line of duty, and who is      95           

admitted to any state university or college as defined in          96           

division (A)(1) of section 3345.12 of the Revised Code, community  98           

college, state community college, university branch, or technical  99           

college, shall not be required to pay any tuition or any student   100          

fee for up to four academic years of education, which shall be at  101          

the undergraduate level.                                           102          

      (C)  Any institution that is not subject to division (B) of  104          

this section and that holds a valid certificate of registration    105          

issued under Chapter 3332., a valid certificate issued under       106          

Chapter 4709., or a valid license issued under Chapter 4713. of    107          

the Revised Code, or that is nonprofit and has a certificate of    108          

authorization issued under section 1713.02 of the Revised Code     109          

that reduces tuition and student fees of a student who is          110          

eligible to attend an institution of higher education under the    111          

provisions of division (B) of this section by an amount indicated  112          

by the Ohio board of regents shall be eligible to receive a grant  114          

in that amount from the board.  Each institution that enrolls      115          

students under division (B) of this section shall report to the    116          

board, by the first day of July of each year, the number of        117          

students who were so enrolled and the average amount of all such   118          

tuition and fees waived during the preceding year.  The board      119          

shall determine the average amount of all such tuition and fees    120          

waived during the preceding year.  The average amount of tuition   121          

and fees waived under division (B) of this section during the      122          

preceding year shall be the amount of grants that participating    123          

institutions shall receive under this division during the current  124          

year, but no grant under this division shall exceed the tuition    125          

and student fees due and payable by the student prior to the       126          

reduction referred to in this division.  Such grants shall be      127          

made for four years of undergraduate education of an eligible      128          

student.                                                                        

                                                          4      


                                                                 
      Section 2.  That existing section 3333.26 of the Revised     130          

Code is hereby repealed.                                           131          

      Section 3.  Section 3333.26 of the Revised Code is           133          

presented in this act as a composite of the section as amended by  134          

both Am. Sub. H.B. 281 and Am. Sub. H.B. 627 of the 121st General  135          

Assembly, with the new language of neither of the acts shown in    137          

capital letters.  This is in recognition of the principle stated   138          

in division (B) of section 1.52 of the Revised Code that such      139          

amendments are to be harmonized where not substantively            140          

irreconcilable and constitutes a legislative finding that such is  141          

the resulting version in effect prior to the effective date of     142          

this act.