As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 275


REPRESENTATIVES Key, Allen, Otterman, C. Evans, Redfern, Seitz, Domenick, Barrett, Jolivette, Schaffer, Sykes, D. Stewart, Sferra, Strahorn, Ujvagi, DeBose, Beatty, S. Smith, Fessler, Boccieri



A BILL
To amend sections 3333.26, 5910.04, and 5910.05 and 1
to enact section 5910.033 of the Revised Code to 2
provide college scholarships to children of 3
members of the United States armed forces killed 4
or disabled in the line of duty during Operation 5
Iraqi Freedom and to spouses and qualifying former 6
spouses of members of the United States armed 7
forces killed in the line of duty during Operation 8
Iraqi Freedom.9


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

       Section 1. That sections 3333.26, 5910.04, and 5910.05 be 10
amended and section 5910.033 of the Revised Code be enacted to 11
read as follows:12

       Sec. 3333.26.  (A) Any citizen of this state who has resided13
within the state for one year and who was in the active service of14
the United States as a soldier, sailor, nurse, or marine between15
April 6, 1917, and November 11, 1918, and who has been honorably16
discharged from such service, shall be admitted to any school,17
college, or university that receives state funds in support18
thereof, without being required to pay any tuition or19
matriculation fee, but is not relieved from the payment of20
laboratory or similar fees.21

       (B)(1) As used in this division:22

       (a) "Volunteer firefighter" has the meaning given in division 23
(B)(1) of section 146.01 of the Revised Code;24

       (b) "Public service officer" means an Ohio firefighter,25
volunteer firefighter, police officer, member of the highway26
patrol, employee designated to exercise the powers of police27
officers pursuant to section 1545.13 of the Revised Code, or other28
peace officer as defined by division (B) of section 2935.01 of the29
Revised Code, or a person holding any equivalent position in30
another state;31

       (c) "Qualified former spouse" means the former spouse of a32
public service officer, or of a member of the armed services of 33
the United States who served in operation Iraqi freedom, who is 34
the custodial parent of a minor child of that marriage pursuant to 35
an order allocating the parental rights and responsibilities for 36
care of the child issued pursuant to section 3109.04 of the 37
Revised Code.38

       (2) Any resident of this state who is under twenty-six years39
of age, or under thirty years of age if the resident has been40
honorably discharged from the armed services of the United States,41
and who is the child of a public service officer killed in the42
line of duty or of a member of the armed services of the United 43
States killed in the line of duty during operation Iraqi freedom, 44
and who is admitted to any state university or college as defined 45
in division (A)(1) of section 3345.12 of the Revised Code, 46
community college, state community college, university branch, or 47
technical college, shall not be required to pay any tuition or any 48
student fee for up to four academic years of education, which 49
shall be at the undergraduate level.50

       A child of a member of the armed services of the United 51
States killed in the line of duty during operation Iraqi freedom 52
is only eligible for a waiver of tuition and student fees under 53
this division to the extent the student is not eligible for a war 54
orphans scholarship authorized by Chapter 5910. of the Revised 55
Code.56

       (3) Any resident of this state who is the spouse or qualified57
former spouse of a public service officer killed in the line of58
duty or of a member of the armed services of the United States 59
killed in the line of duty during operation Iraqi freedom, and who 60
is admitted to any state university or college as defined in 61
division (A)(1) of section 3345.12 of the Revised Code, community 62
college, state community college, university branch, or technical 63
college, shall not be required to pay any tuition or any student 64
fee for up to four academic years of education, which shall be at 65
the undergraduate level.66

       (C) Any institution that is not subject to division (B) of67
this section and that holds a valid certificate of registration68
issued under Chapter 3332., a valid certificate issued under69
Chapter 4709., or a valid license issued under Chapter 4713. of70
the Revised Code, or that is nonprofit and has a certificate of71
authorization issued under section 1713.02 of the Revised Code or72
that is a private institution exempt from regulation under Chapter73
3332. of the Revised Code as prescribed in section 3333.046 of the74
Revised Code that reduces tuition and student fees of a student75
who is eligible to attend an institution of higher education under76
the provisions of division (B) of this section by an amount77
indicated by the Ohio board of regents shall be eligible to78
receive a grant in that amount from the board. Each institution79
that enrolls students under division (B) of this section shall80
report to the board, by the first day of July of each year, the81
number of students who were so enrolled and the average amount of82
all such tuition and fees waived during the preceding year. The83
board shall determine the average amount of all such tuition and84
fees waived during the preceding year. The average amount of85
tuition and fees waived under division (B) of this section during86
the preceding year shall be the amount of grants that87
participating institutions shall receive under this division88
during the current year, but no grant under this division shall89
exceed the tuition and student fees due and payable by the student90
prior to the reduction referred to in this division. Such grants91
shall be made for four years of undergraduate education of an92
eligible student.93

       Sec. 5910.033.  War orphans' scholarships, provided in 94
sections 5910.01 to 5910.06 of the Revised Code, shall be granted 95
to the child of any person who in the course of honorable service 96
in the armed forces of the United States during operation Iraqi 97
freedom was either killed while on active duty or disabled while 98
on active duty and was discharged from the armed services due to 99
that disability. Such scholarships shall be granted only to a 100
child who further qualifies pursuant to divisions (A), (B), and 101
(C) of section 5910.03 of the Revised Code.102

       As used in this section, "operation Iraqi freedom" means that 103
period of conflict which began March 20, 2003, and ends on a date 104
declared by the president of the United States or the congress.105

       Sec. 5910.04.  Scholarships granted under sections 5910.01 to106
5910.06 of the Revised Code shall consist of either of the107
following:108

       (A) An exemption from the payment of one hundred per cent of109
the general and instructional fees at colleges and universities110
which receive support from the state of Ohio and are approved by111
the chancellor of the board of regents, except that the percentage112
may be reduced by the war orphans scholarship board in any year113
that insufficient funds are appropriated to fully fund114
scholarships for all eligible students;115

       (B) A grant to an eligible child who is enrolled in an116
institution that has received a certificate of authorization from117
the board of regents under Chapter 1713. of the Revised Code, or a118
private institution exempt from regulation under Chapter 3332. of119
the Revised Code as prescribed in section 3333.046 of the Revised120
Code, or an institution that has received a certificate of121
registration from the state board of proprietary school 122
registration. Students who attend an institution that holds a123
certificate of registration shall be enrolled in either a program124
leading to an associate degree or a program leading to a125
bachelor's degree for which associate or bachelor's degree program126
the institution has received program authorization issued under127
section 3332.05 of the Revised Code to offer such degree program.128
The grant shall be paid to the child through the institution in129
which the child is enrolled, and shall equal one hundred per cent130
of the average value of all scholarships granted under division131
(A) of this section during the preceding year, except that the132
percentage may be reduced by the war orphans scholarship board in133
any year that insufficient funds are appropriated to fully fund134
scholarships for all eligible students. In no case shall the grant135
exceed the total general and instructional charges of the136
institution.137

       The board shall not reduce the percentage to be paid for138
scholarships awarded pursuant to section 5910.032 or 5910.033 of 139
the Revised Code below one hundred per cent.140

       Sec. 5910.05.  The Ohio war orphans scholarship board shall141
determine how many scholarships are to be granted based upon142
available funds provided by the Ohio general assembly. If funds143
are available all eligible applicants shall be granted a144
scholarship. There shall be no limitation on the number of145
scholarships granted under section 5910.032 or 5910.033 of the 146
Revised Code, nor any limitation on the number of scholarships 147
granted to any college or university under such sectionsections. 148
No person shall be granted a scholarship for more than five 149
academic years of education, which shall be at the undergraduate 150
level. The board shall provide minimum scholastic requirements for 151
recipients and shall withdraw the aid from any person who fails to 152
maintain such requirements.153

       Section 2. That existing sections 3333.26, 5910.04, and 154
5910.05 of the Revised Code are hereby repealed.155