Bill Text: OH HB449 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: With respect to residency status for certain veterans, spouses, and dependents at state institutions of higher education, to authorize the conveyance of state-owned real property, and to declare an emergency.

Spectrum: Slight Partisan Bill (Republican 44-21)

Status: (Passed) 2015-03-09 - Effective Date [HB449 Detail]

Download: Ohio-2013-HB449-Introduced.html

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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 

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A BILL

To amend section 3333.31 and to enact section

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3333.311 of the Revised Code with respect to

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residency status for certain veterans, spouses,

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and dependents at state institutions of higher

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education.

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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:

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(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:

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(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