As Passed by the Senate 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- 17
SENATORS FINGERHUT-HERINGTON-WHITE-MUMPER-HARRIS-ESPY-
DRAKE-WATTS-PRENTISS-NEIN-SPADA-BLESSING-WACHTMANN-GARDNER- 18
DiDONATO-LATELL 19
_________________________________________________________________ 21
A B I L L
To amend section 3333.26 of the Revised Code to 23
waive tuition payments for the children and 24
spouses of public service officers killed in the
line of duty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That section 3333.26 of the Revised Code be 28
amended to read as follows: 29
Sec. 3333.26. (A) Any citizen of this state who has 38
resided within the state for one year and who was in the active 39
service of the United States as a soldier, sailor, nurse, or 40
marine between April 6, 1917, and November 11, 1918, and who has 41
been honorably discharged from such service, shall be admitted to 42
any school, college, or university that receives state funds in 43
support thereof, without being required to pay any tuition or 44
2
matriculation fee, but is not relieved from the payment of 45
laboratory or similar fees. 46
(B)(1) As used in this division: 48
(a) "Volunteer fire fighter" has the meaning given in 51
division (B)(1) of section 146.01 of the Revised Code; 52
(b) "PUBLIC SERVICE OFFICER" MEANS AN OHIO FIRE FIGHTER, 54
VOLUNTEER FIRE FIGHTER, POLICE OFFICER, MEMBER OF THE HIGHWAY 55
PATROL, EMPLOYEE DESIGNATED TO EXERCISE THE POWERS OF POLICE 56
OFFICERS PURSUANT TO SECTION 1545.13 OF THE REVISED CODE, OR 57
OTHER PEACE OFFICER AS DEFINED BY DIVISION (B) OF SECTION 2935.01 58
OF THE REVISED CODE, OR A PERSON HOLDING ANY EQUIVALENT POSITION 59
IN ANOTHER STATE;
(c) "Qualified former spouse" means the former spouse of a 62
fire fighter or law enforcement PUBLIC SERVICE officer described 63
in division (B)(3) of this section who is the custodial parent of 64
a minor child of that marriage pursuant to an order allocating 65
the parental rights and responsibilities for care of the child 66
issued pursuant to section 3109.04 of the Revised Code. 68
(2) Any resident of this state who is under twenty-six 70
years of age, or under thirty years of age if the resident has 71
been honorably discharged from the armed services of the United 72
States, and who is the child of an Ohio fire fighter, volunteer 73
fire fighter, police officer, member of the highway patrol, 74
employee designated to exercise the powers of police officers 75
pursuant to section 1545.13 of the Revised Code, or other peace 76
officer as defined by division (B) of section 2935.01 of the 77
Revised Code, A PUBLIC SERVICE OFFICER killed in the line of 79
duty, and who is admitted to any state university or college as 80
defined in division (A)(1) of section 3345.12 of the Revised 81
Code, community college, state community college, university 82
branch, or technical college, shall not be required to pay any 83
tuition or any student fee for up to four academic years of 84
education, which shall be at the undergraduate level.
(3) Any resident of this state who is the spouse or 86
3
qualified former spouse of an Ohio fire fighter, volunteer fire 89
fighter, police officer, member of the highway patrol, employee 90
designated to exercise powers of police officers pursuant to 91
section 1545.13 of the Revised Code, or other peace officer as 93
defined in division (B) of section 2935.01 of the Revised Code, A 96
PUBLIC SERVICE OFFICER killed in the line of duty, and who is 97
admitted to any state university or college as defined in 98
division (A)(1) of section 3345.12 of the Revised Code, community 100
college, state community college, university branch, or technical 101
college, shall not be required to pay any tuition or any student 102
fee for up to four academic years of education, which shall be at 103
the undergraduate level. 104
(C) Any institution that is not subject to division (B) of 106
this section and that holds a valid certificate of registration 107
issued under Chapter 3332., a valid certificate issued under 108
Chapter 4709., or a valid license issued under Chapter 4713. of 109
the Revised Code, or that is nonprofit and has a certificate of 110
authorization issued under section 1713.02 of the Revised Code 111
that reduces tuition and student fees of a student who is 112
eligible to attend an institution of higher education under the 113
provisions of division (B) of this section by an amount indicated 114
by the Ohio board of regents shall be eligible to receive a grant 116
in that amount from the board. Each institution that enrolls 117
students under division (B) of this section shall report to the 118
board, by the first day of July of each year, the number of 119
students who were so enrolled and the average amount of all such 120
tuition and fees waived during the preceding year. The board 121
shall determine the average amount of all such tuition and fees 122
waived during the preceding year. The average amount of tuition 123
and fees waived under division (B) of this section during the 124
preceding year shall be the amount of grants that participating 125
institutions shall receive under this division during the current 126
year, but no grant under this division shall exceed the tuition 127
and student fees due and payable by the student prior to the 128
4
reduction referred to in this division. Such grants shall be 129
made for four years of undergraduate education of an eligible 130
student.
Section 2. That existing section 3333.26 of the Revised 132
Code is hereby repealed. 133
Section 3. Section 3333.26 of the Revised Code is 135
presented in this act as a composite of the section as amended by 136
both Am. Sub. H.B. 281 and Am. Sub. H.B. 627 of the 121st General 137
Assembly, with the new language of neither of the acts shown in 139
capital letters. This is in recognition of the principle stated 140
in division (B) of section 1.52 of the Revised Code that such 141
amendments are to be harmonized where not substantively 142
irreconcilable and constitutes a legislative finding that such is 143
the resulting version in effect prior to the effective date of 144
this act.