The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 254 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
| |
Representatives Lynch, Retherford
Cosponsors:
Representatives Beck, Becker, Brenner, Buchy, Hood, Roegner, Thompson
A BILL
To amend section 3333.31 of the Revised Code to
prohibit state institutions of higher education
from providing in-state residency status to
undocumented aliens.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3333.31 of the Revised Code be
amended to read as follows:
Sec. 3333.31. (A) For state subsidy and tuition surcharge
purposes, status as a resident of Ohio shall be defined by the
chancellor of the Ohio board of regents by rule promulgated
pursuant to Chapter 119. of the Revised Code. No adjudication as
to the status of any person under such rule, however, shall be
required to be made pursuant to Chapter 119. of the Revised Code.
The term "resident" for these purposes shall not be equated with
the definition of that term as it is employed elsewhere under the
laws of this state and other states, and shall not carry with it
any of the legal connotations appurtenant thereto. Rather, except
as provided in divisions (B) and (D) of this section, for such
purposes, the rule promulgated under this section shall have the
objective of excluding from treatment as residents those who are
present in the state primarily for the purpose of attending a
state-supported or state-assisted institution of higher education,
and may prescribe presumptive rules, rebuttable or conclusive, as
to such purpose based upon the source or sources of support of the
student, residence prior to first enrollment, evidence of
intention to remain in the state after completion of studies, or
such other factors as the chancellor deems relevant.
The rule shall not grant residency status to any person who
is not a United States citizen or a United States national and who
has not been granted the right by the United States bureau of
citizenship and immigration services to reside permanently in the
United States and to work without restrictions in the United
States.
(B) The rules of the chancellor for determining student
residency shall grant residency status to a veteran and to the
veteran's spouse and any dependent of the veteran, if both of the
following conditions are met:
(a) Served one or more years on active military duty and was
honorably discharged or received a medical discharge that was
related to the military service;
(b) Was killed while serving on active military duty or has
been declared to be missing in action or a prisoner of war.
(2) If the veteran seeks residency status for tuition
surcharge purposes, the veteran has established domicile in this
state as of the first day of a term of enrollment in an
institution of higher education. If the spouse or a dependent of
the veteran seeks residency status for tuition surcharge purposes,
the veteran and the spouse or dependent seeking residency status
have established domicile in this state as of the first day of a
term of enrollment in an institution of higher education, except
that if the veteran was killed while serving on active military
duty, has been declared to be missing in action or a prisoner of
war, or is deceased after discharge, only the spouse or dependent
seeking residency status shall be required to have established
domicile in accordance with this division.
(C) The rules of the chancellor for determining student
residency shall not deny residency status to a student who is
either a dependent child of a parent, or the spouse of a person
who, as of the first day of a term of enrollment in an institution
of higher education, has accepted full-time employment and
established domicile in this state for reasons other than gaining
the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall
include both of the following documents:
(1) A sworn statement from the employer or the employer's
representative on the letterhead of the employer or the employer's
representative certifying that the parent or spouse of the student
is employed full-time in Ohio;
(2) A copy of the lease under which the parent or spouse is
the lessee and occupant of rented residential property in the
state, a copy of the closing statement on residential real
property of which the parent or spouse is the owner and occupant
in this state or, if the parent or spouse is not the lessee or
owner of the residence in which the parent or spouse has
established domicile, a letter from the owner of the residence
certifying that the parent or spouse resides at that residence.
Residency officers may also evaluate, in accordance with the
chancellor's rule, requests for immediate residency status from
dependent students whose parents are not living and whose domicile
follows that of a legal guardian who has accepted full-time
employment and established domicile in the state for reasons other
than gaining the benefit of favorable tuition rates.
(D)(1) The rules of the chancellor for determining student
residency shall grant residency status to a person who, while a
resident of this state for state subsidy and tuition surcharge
purposes, graduated from a high school in this state or completed
the final year of instruction at home as authorized under section
3321.04 of the Revised Code, if the person enrolls in an
institution of higher education and establishes domicile in this
state, regardless of the student's residence prior to that
enrollment.
(2) The rules of the chancellor for determining student
residency shall not grant residency status to an alien if the
alien is not also an immigrant or a nonimmigrant.
(E) As used in this section:
(1) "Dependent," "domicile," "institution of higher
education," and "residency officer" have the meanings ascribed in
the chancellor's rules adopted under this section.
(2) "Alien" means a person who is not a United States citizen
or a United States national.
(3) "Immigrant" means an alien who has been granted the right
by the United States bureau of citizenship and immigration
services to reside permanently in the United States and to work
without restrictions in the United States.
(4) "Nonimmigrant" means an alien who has been granted the
right by the United States bureau of citizenship and immigration
services to reside temporarily in the United States.
Section 2. That existing section 3333.31 of the Revised Code
is hereby repealed.
|
|