As Reported by the House Finance and Appropriations Committee

125th General Assembly
Regular Session
2003-2004
Sub. 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, Calvert, Core, DeWine, Faber, Flowers, Grendell, Hartnett, Hoops, Hughes, Husted, Jerse, Kearns, Miller, S. Patton, T. Patton, Peterson, Schlichter, Schmidt, J. Stewart, Trakas, Webster, Wilson



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.6


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

       Section 1. That sections 3333.26, 5910.04, and 5910.05 be 7
amended and section 5910.033 of the Revised Code be enacted to 8
read as follows:9

       Sec. 3333.26.  (A) Any citizen of this state who has resided10
within the state for one year and who was in the active service of11
the United States as a soldier, sailor, nurse, or marine between12
April 6, 1917, and November 11, 1918, and who has been honorably13
discharged from such service, shall be admitted to any school,14
college, or university that receives state funds in support15
thereof, without being required to pay any tuition or16
matriculation fee, but is not relieved from the payment of17
laboratory or similar fees.18

       (B)(1) As used in this division:19

       (a) "Volunteer firefighter" has the meaning given in division 20
(B)(1) of section 146.01 of the Revised Code;21

       (b) "Public service officer" means an Ohio firefighter,22
volunteer firefighter, police officer, member of the highway23
patrol, employee designated to exercise the powers of police24
officers pursuant to section 1545.13 of the Revised Code, or other25
peace officer as defined by division (B) of section 2935.01 of the26
Revised Code, or a person holding any equivalent position in27
another state;28

       (c) "Qualified former spouse" means the former spouse of a29
public service officer who is the custodial parent of a minor30
child of that marriage pursuant to an order allocating the31
parental rights and responsibilities for care of the child issued32
pursuant to section 3109.04 of the Revised Code.33

       (2) Any resident of this state who is under twenty-six years34
of age, or under thirty years of age if the resident has been35
honorably discharged from the armed services of the United States,36
and who is the child of a public service officer killed in the37
line of duty or of a member of the armed services of the United 38
States killed in the line of duty during operation Iraqi freedom, 39
and who is admitted to any state university or college as defined 40
in division (A)(1) of section 3345.12 of the Revised Code, 41
community college, state community college, university branch, or 42
technical college, shall not be required to pay any tuition or any 43
student fee for up to four academic years of education, which 44
shall be at the undergraduate level.45

       A child of a member of the armed services of the United 46
States killed in the line of duty during operation Iraqi freedom 47
is only eligible for a waiver of tuition and student fees under 48
this division to the extent the student is not eligible for a war 49
orphans scholarship authorized by Chapter 5910. of the Revised 50
Code.51

       (3) Any resident of this state who is the spouse or qualified52
former spouse of a public service officer killed in the line of53
duty, and who is admitted to any state university or college as54
defined in division (A)(1) of section 3345.12 of the Revised Code, 55
community college, state community college, university branch, or 56
technical college, shall not be required to pay any tuition or any 57
student fee for up to four academic years of education, which 58
shall be at the undergraduate level.59

       (C) Any institution that is not subject to division (B) of60
this section and that holds a valid certificate of registration61
issued under Chapter 3332., a valid certificate issued under62
Chapter 4709., or a valid license issued under Chapter 4713. of63
the Revised Code, or that is nonprofit and has a certificate of64
authorization issued under section 1713.02 of the Revised Code or65
that is a private institution exempt from regulation under Chapter66
3332. of the Revised Code as prescribed in section 3333.046 of the67
Revised Code that reduces tuition and student fees of a student68
who is eligible to attend an institution of higher education under69
the provisions of division (B) of this section by an amount70
indicated by the Ohio board of regents shall be eligible to71
receive a grant in that amount from the board. Each institution72
that enrolls students under division (B) of this section shall73
report to the board, by the first day of July of each year, the74
number of students who were so enrolled and the average amount of75
all such tuition and fees waived during the preceding year. The76
board shall determine the average amount of all such tuition and77
fees waived during the preceding year. The average amount of78
tuition and fees waived under division (B) of this section during79
the preceding year shall be the amount of grants that80
participating institutions shall receive under this division81
during the current year, but no grant under this division shall82
exceed the tuition and student fees due and payable by the student83
prior to the reduction referred to in this division. Such grants84
shall be made for four years of undergraduate education of an85
eligible student.86

       Sec. 5910.033.  War orphans' scholarships, provided in 87
sections 5910.01 to 5910.06 of the Revised Code, shall be granted 88
to the child of any person who in the course of honorable service 89
in the armed forces of the United States during operation Iraqi 90
freedom was either killed while on active duty or disabled while 91
on active duty and was discharged from the armed services due to 92
that disability. Such scholarships shall be granted only to a 93
child who further qualifies pursuant to divisions (A), (B), and 94
(C) of section 5910.03 of the Revised Code.95

       As used in this section, "operation Iraqi freedom" means that 96
period of conflict which began March 20, 2003, and ends on a date 97
declared by the president of the United States or the congress.98

       Sec. 5910.04.  Scholarships granted under sections 5910.01 to99
5910.06 of the Revised Code shall consist of either of the100
following:101

       (A) An exemption from the payment of one hundred per cent of102
the general and instructional fees at colleges and universities103
which receive support from the state of Ohio and are approved by104
the chancellor of the board of regents, except that the percentage105
may be reduced by the war orphans scholarship board in any year106
that insufficient funds are appropriated to fully fund107
scholarships for all eligible students;108

       (B) A grant to an eligible child who is enrolled in an109
institution that has received a certificate of authorization from110
the board of regents under Chapter 1713. of the Revised Code, or a111
private institution exempt from regulation under Chapter 3332. of112
the Revised Code as prescribed in section 3333.046 of the Revised113
Code, or an institution that has received a certificate of114
registration from the state board of proprietary school 115
registration. Students who attend an institution that holds a116
certificate of registration shall be enrolled in either a program117
leading to an associate degree or a program leading to a118
bachelor's degree for which associate or bachelor's degree program119
the institution has received program authorization issued under120
section 3332.05 of the Revised Code to offer such degree program.121
The grant shall be paid to the child through the institution in122
which the child is enrolled, and shall equal one hundred per cent123
of the average value of all scholarships granted under division124
(A) of this section during the preceding year, except that the125
percentage may be reduced by the war orphans scholarship board in126
any year that insufficient funds are appropriated to fully fund127
scholarships for all eligible students. In no case shall the grant128
exceed the total general and instructional charges of the129
institution.130

       The board shall not reduce the percentage to be paid for131
scholarships awarded pursuant to section 5910.032 or 5910.033 of 132
the Revised Code below one hundred per cent.133

       Sec. 5910.05.  The Ohio war orphans scholarship board shall134
determine how many scholarships are to be granted based upon135
available funds provided by the Ohio general assembly. If funds136
are available all eligible applicants shall be granted a137
scholarship. There shall be no limitation on the number of138
scholarships granted under section 5910.032 or 5910.033 of the 139
Revised Code, nor any limitation on the number of scholarships 140
granted to any college or university under such sectionsections. 141
No person shall be granted a scholarship for more than five 142
academic years of education, which shall be at the undergraduate 143
level. The board shall provide minimum scholastic requirements for 144
recipients and shall withdraw the aid from any person who fails to 145
maintain such requirements.146

       Section 2. That existing sections 3333.26, 5910.04, and 147
5910.05 of the Revised Code are hereby repealed.148