As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 449


Representative Gonzales 

Cosponsors: Representatives Bishoff, Fedor, Grossman, Hackett, Hill, Hood, Stebelton, Wachtmann 

A BILL
To amend section 3333.31 and to enact section 1
3333.311 of the Revised Code with respect to 2
residency status for certain veterans, spouses, 3
and dependents at state institutions of higher 4
education.5


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

       Section 1. That section 3333.31 be amended and section 6
3333.311 of the Revised Code be enacted to read as follows:7

       Sec. 3333.31.  (A) For state subsidy and tuition surcharge 8
purposes, status as a resident of Ohio shall be defined by the 9
chancellor of the Ohio board of regents by rule promulgated 10
pursuant to Chapter 119. of the Revised Code. No adjudication as 11
to the status of any person under such rule, however, shall be 12
required to be made pursuant to Chapter 119. of the Revised Code. 13
The term "resident" for these purposes shall not be equated with 14
the definition of that term as it is employed elsewhere under the 15
laws of this state and other states, and shall not carry with it 16
any of the legal connotations appurtenant thereto. Rather, except 17
as provided in divisions (B) and (D) of this section, for such 18
purposes, the rule promulgated under this section shall have the 19
objective of excluding from treatment as residents those who are 20
present in the state primarily for the purpose of attending a 21
state-supported or state-assisted institution of higher education, 22
and may prescribe presumptive rules, rebuttable or conclusive, as 23
to such purpose based upon the source or sources of support of the 24
student, residence prior to first enrollment, evidence of 25
intention to remain in the state after completion of studies, or 26
such other factors as the chancellor deems relevant.27

       (B) The rules of the chancellor for determining student 28
residency shall grant residency status to a veteran and to the 29
veteran's spouse and any dependent of the veteran, if both of the 30
following conditions are met:31

       (1) Thethe veteran either:32

       (a)(1) Served one or more years on active military duty and 33
was honorably discharged or received a medical discharge that was 34
related to the military service;35

       (b)(2) Was killed while serving on active military duty or 36
has been declared to be missing in action or a prisoner of war.37

        (2) If the veteran seeks residency status for tuition 38
surcharge purposes, the veteran has established domicile in this 39
state as of the first day of a term of enrollment in an 40
institution of higher education. If the spouse or a dependent of 41
the veteran seeks residency status for tuition surcharge purposes, 42
the veteran and the spouse or dependent seeking residency status 43
have established domicile in this state as of the first day of a 44
term of enrollment in an institution of higher education, except 45
that if the veteran was killed while serving on active military 46
duty, has been declared to be missing in action or a prisoner of 47
war, or is deceased after discharge, only the spouse or dependent 48
seeking residency status shall be required to have established 49
domicile in accordance with this division.50

        (C) The rules of the chancellor for determining student 51
residency shall not deny residency status to a student who is 52
either a dependent child of a parent, or the spouse of a person 53
who, as of the first day of a term of enrollment in an institution 54
of higher education, has accepted full-time employment and 55
established domicile in this state for reasons other than gaining 56
the benefit of favorable tuition rates.57

       Documentation of full-time employment and domicile shall 58
include both of the following documents:59

       (1) A sworn statement from the employer or the employer's 60
representative on the letterhead of the employer or the employer's 61
representative certifying that the parent or spouse of the student 62
is employed full-time in Ohio;63

       (2) A copy of the lease under which the parent or spouse is 64
the lessee and occupant of rented residential property in the 65
state, a copy of the closing statement on residential real 66
property of which the parent or spouse is the owner and occupant 67
in this state or, if the parent or spouse is not the lessee or 68
owner of the residence in which the parent or spouse has 69
established domicile, a letter from the owner of the residence 70
certifying that the parent or spouse resides at that residence.71

Residency officers may also evaluate, in accordance with the 72
chancellor's rule, requests for immediate residency status from 73
dependent students whose parents are not living and whose domicile 74
follows that of a legal guardian who has accepted full-time 75
employment and established domicile in the state for reasons other 76
than gaining the benefit of favorable tuition rates.77

       (D)(1) The rules of the chancellor for determining student 78
residency shall grant residency status to a person who, while a 79
resident of this state for state subsidy and tuition surcharge 80
purposes, graduated from a high school in this state or completed 81
the final year of instruction at home as authorized under section 82
3321.04 of the Revised Code, if the person enrolls in an 83
institution of higher education and establishes domicile in this 84
state, regardless of the student's residence prior to that 85
enrollment.86

       (2) The rules of the chancellor for determining student 87
residency shall not grant residency status to an alien if the 88
alien is not also an immigrant or a nonimmigrant.89

       (E) As used in this section:90

       (1) "Dependent," "domicile," "institution of higher 91
education," and "residency officer" have the meanings ascribed in 92
the chancellor's rules adopted under this section.93

       (2) "Alien" means a person who is not a United States citizen 94
or a United States national.95

       (3) "Immigrant" means an alien who has been granted the right 96
by the United States bureau of citizenship and immigration 97
services to reside permanently in the United States and to work 98
without restrictions in the United States.99

       (4) "Nonimmigrant" means an alien who has been granted the 100
right by the United States bureau of citizenship and immigration 101
services to reside temporarily in the United States.102

       Sec. 3333.311.  (A) For the purpose of admission to any state 103
institution of higher education, as defined in section 3345.011 of 104
the Revised Code, a veteran and that veteran's spouse and 105
dependent shall be considered residents of this state, if the 106
veteran either:107

       (1) Served one or more years on active military duty and was 108
honorably discharged or received a medical discharge that was 109
related to the military service;110

       (2) Was killed while serving on active military duty or has 111
been declared to be missing in action or a prisoner of war. 112

       (B) If a veteran or that veteran's spouse or dependent meets 113
the criteria prescribed in division (A) of this section, no state 114
institution of higher education shall apply any residency-related 115
quotas or restrictions to that individual's application for 116
admission to the institution.117

       (C) The term "resident" for the purposes of this section 118
shall not be equated with the definition of that term as it is 119
employed elsewhere under the laws of this state and other states, 120
and shall not carry with it any of the legal connotations 121
appurtenant thereto.122

       Section 2. That existing section 3333.31 of the Revised Code 123
is hereby repealed.124