HOUSE BILL No. 5786 April 28, 1998, Introduced by Reps. Brown, Galloway, Tesanovich, Callahan, Wojno, Hale, Schermesser, Prusi, McBryde, Nye and McNutt and referred to the Committee on Colleges and Universities. A bill to amend 1996 PA 195, entitled "Police officer's and fire fighter's survivor tuition act," by amending the title and sections 1, 2, and 3 (MCL 390.1241, 390.1242, and 390.1243). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for a waiver of tuition at state public 3 institutions of higher education for children and surviving 4 spouses of Michigan police officers, MOTOR CARRIER OFFICERS, and 5 fire fighters killed in the line of duty; and to provide for an 6 appropriation. 7 Sec. 1. This act shall be known and may be cited as the 8 "police officer's, MOTOR CARRIER OFFICER'S, and fire fighter's 9 survivor tuition act". 06168'98 LTB 2 1 Sec. 2. As used in this act: 2 (a) "Child" means an individual who is a natural or adopted 3 child of a deceased Michigan police officer, DECEASED MICHIGAN 4 MOTOR CARRIER OFFICER, or deceased Michigan fire fighter and who 5 was under the age of 21 at the time of the Michigan police 6 officer's, MICHIGAN MOTOR CARRIER OFFICER'S, or Michigan fire 7 fighter's death. 8 (b) "Department" means the department of state police. 9 (c) "Killed" means that the Michigan police officer's, 10 MICHIGAN MOTOR CARRIER OFFICER'S, or Michigan fire fighter's 11 death is the direct and proximate result of a traumatic injury 12 incurred in the line of duty. 13 (d) "Line of duty" means an action that a Michigan police 14 officer, MICHIGAN MOTOR CARRIER OFFICER, or Michigan fire fighter 15 is obligated or authorized to perform by rule, regulation, condi- 16 tion of employment or service, or law, including, but not limited 17 to, a social, ceremonial, or athletic function that the Michigan 18 police officer, MICHIGAN MOTOR CARRIER OFFICER, or Michigan fire 19 fighter is assigned to or compensated for by the public agency he 20 or she serves. 21 (E) "MICHIGAN MOTOR CARRIER OFFICER" MEANS AN OFFICER OF THE 22 MOTOR CARRIER ENFORCEMENT DIVISION OF THE DEPARTMENT OF THE 23 MICHIGAN STATE POLICE AS DESCRIBED IN SECTION 6D OF 1935 PA 59, 24 MCL 28.6D. 25 (F)(e)"Michigan police officer" means a sheriff or 26 sheriff's deputy of a sheriff's department in this state; village 27 or township marshal of a village or township in this state; 06168'98 3 1 officer of the police department of any city, village, or 2 township in this state; officer of the Michigan state police; or 3 any other police officer or law enforcement officer trained and 4 certified pursuant to the Michigan law enforcement officers 5 training council act of 1965,Act No. 203 of the Public Acts of61965, being sections 28.601 to 28.616 of the Michigan Compiled7Laws1965 PA 203, MCL 28.601 TO 28.616. 8 (G)(f)"Michigan fire fighter" means a member including 9 volunteer members and members paid on call of a fire department, 10 or other organization that provides fire suppression and other 11 fire-related services, of a city, township, village, or county 12 who is responsible for or is in a capacity that includes respon- 13 sibility for the extinguishment of fires. Michigan fire fighter 14 does not include a person whose job description, duties, or 15 responsibilities do not include direct involvement in fire 16 suppression. 17 (H)(g)"Occupational disease" means a disease that rou- 18 tinely constitutes a special hazard in, or is commonly regarded 19 as concomitant of, the Michigan police officer's, MICHIGAN MOTOR 20 CARRIER OFFICER'S, or Michigan fire fighter's occupation. 21 (I)(h)"State institution of higher education" means a 22 public community or junior college established under section 7 of 23 article VIII of the state constitution of 1963 or part 25 of the 24 revised school code,Act No. 451 of the Public Acts of 1976,25being sections 380.1601 to 380.1607 of the Michigan Compiled26Laws1976 PA 451, MCL 380.1601 TO 380.1607, or a state 06168'98 4 1 university described in section 4, 5, or 6 of article VIII of the 2 state constitution of 1963. 3 (J)(i)"Traumatic injury" means a wound or the condition 4 of the body caused by external force, including, but not limited 5 to, an injury inflicted by bullet, explosive, sharp instrument, 6 blunt object or other physical blow, fire, smoke, chemical, elec- 7 tricity, climatic condition, infectious disease, radiation, or 8 bacteria, but excluding an injury resulting from stress, strain, 9 or occupational disease. 10 (K)(j)"Tuition" means tuition at the rate charged for 11 residents of this state. 12 Sec. 3. (1) Beginning in the 1996-1997 academic year, and 13 subject to the limitations in subsections (2), (3), and (4), a 14 state institution of higher education shall waive tuition for 15 each child and surviving spouse of a Michigan police officer, 16 MICHIGAN MOTOR CARRIER OFFICER, or Michigan fire fighter who has 17 been or is killed in the line of duty if the child or surviving 18 spouse meets all of the following requirements: 19 (a) Applies, qualifies, and is admitted as a full-time, 20 part-time, or summer school student in a program of study leading 21 to a degree or certificate. 22 (b) Is a legal resident of the state for at least the 12 23 consecutive months immediately preceding his or her application. 24 For an individual who is a dependent of his or her parent, resi- 25 dency status shall be determined by the parent's residency. For 26 an individual who is not a dependent, residency status shall be 06168'98 5 1 determined in the same manner as under title IV of the higher 2 education act of 1965, Public Law 89-329, 79 Stat. 1232. 3 (c) Applies to the department for tuition waiver under this 4 act and provides evidence satisfactory to the department that he 5 or she is the child or the surviving spouse of a Michigan police 6 officer, MICHIGAN MOTOR CARRIER OFFICER, or Michigan fire fighter 7 who was killed in the line of duty, that the course or courses 8 for which he or she is seeking a tuition waiver meet the require- 9 ments of subsection (2), and that he or she meets the other 10 requirements of this section. 11 (d) For a child of a Michigan police officer, MICHIGAN MOTOR 12 CARRIER OFFICER, or Michigan fire fighter who was killed in the 13 line of duty, applies under subdivision (c) for the first time 14 before the age of 21. 15 (e) Is certified by the financial aid officer at the state 16 institution of higher education as needing the tuition waiver in 17 order to meet recognized educational expenses. If the child's or 18 surviving spouse's family income, excluding any income from death 19 benefits attributable to the Michigan police officer's, MICHIGAN 20 MOTOR CARRIER OFFICER'S, or Michigan fire fighter's death, is 21 below 400% of poverty level under federal poverty guidelines pub- 22 lished by the United States department of health and human serv- 23 ices, income from any death benefits accruing to the child or 24 surviving spouse as a result of the Michigan police officer's, 25 MICHIGAN MOTOR CARRIER OFFICER'S, or Michigan fire fighter's 26 death shall not be counted as family income in determining 27 financial need under this subdivision. 06168'98 6 1 (f) Maintains satisfactory academic progress, as defined by 2 the state institution of higher education, for each term or 3 semester in which he or she is enrolled. The satisfactory 4 progress definition used by an institution for federal student 5 assistance programs under title IV of the higher education act of 6 1965, PUBLIC LAW 89-329, 79 STAT. 1232, is acceptable for the 7 purposes of this act. 8 (g) Has not achieved a bachelor's degree and has received 9 tuition reimbursement under this act for less than 124 semester 10 credits or 180 term credits at an institution of higher 11 education. 12 (2) A state institution of higher education shall waive 13 tuition under this act only for courses that are applicable 14 toward the degree or certificate requirements of the program in 15 which the child or surviving spouse is enrolled. 16 (3) A child or surviving spouse of a Michigan police 17 officer, MICHIGAN MOTOR CARRIER OFFICER, or Michigan fire fighter 18 who was killed in the line of duty is eligible for tuition waiver 19 under this section for not more than a total of 9 semesters or 20 the equivalent number of terms or quarters. 21 (4)Tuition shall be waivedA STATE INSTITUTION OF HIGHER 22 EDUCATION SHALL WAIVE TUITION UNDER THIS ACT to the extent that 23 the tuition is not covered or paid by any scholarship, trust 24 fund, statutory benefit, or any other source of tuition coverage 25 available to the person eligible for a waiver under this act. 06168'98 Final page. 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