February 8, 2005, Introduced by Reps. Vagnozzi, Spade, Sheltrown, Kehrl, Gleason, Plakas, Gonzales, Polidori, Leland, Donigan, Hopgood and Condino and referred to the Committee on Higher Education and Career Preparation.
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:
TITLE
An act to provide for a waiver of tuition at state public
institutions of higher education for children and surviving spouses
of
Michigan police officers and fire fighters first responders
killed in the line of duty; and to provide for an appropriation.
Sec. 1. This act shall be known and may be cited as the
"police
officer's and fire fighter's "first responder's survivor
tuition act".
Sec. 2. As used in this act:
(a) "Child" means an individual who is a natural or adopted
child
of a deceased Michigan police officer or deceased Michigan
fire
fighter first responder and who was under the age of 21 at the
time
of the Michigan police officer's or Michigan fire fighter's
first responder's death.
(b) "Department" means the department of state police.
(c) "Firefighter" means a member, including volunteer members
and members paid on call, of a fire department, or other
organization that provides fire suppression and other fire-related
services, of a city, township, village, or county who is
responsible for or is in a capacity that includes responsibility
for the extinguishment of fires. Firefighter does not include a
person whose job description, duties, or responsibilities do not
include direct involvement in fire suppression.
(d) "First responder" means a police officer, firefighter, or
medical first responder.
(e) (c)
"Killed" means that the Michigan police
officer's or
Michigan
fire fighter's first responder's death is the direct and
proximate result of a traumatic injury incurred in the line of
duty.
(f) (d)
"Line of duty" means an action that a Michigan
police
officer or Michigan fire fighter
first responder is
obligated or authorized to perform by rule, regulation, condition
of employment or service, or law, including, but not limited to, a
social,
ceremonial, or athletic function that the Michigan police
officer
or Michigan fire fighter
first responder is assigned to or
compensated for by the public agency he or she serves.
(e)
"Michigan police officer" means a sheriff or sheriff's
deputy
of a sheriff's department in this state; village or township
marshal
of a village or township in this state; officer of the
police
department of any city, village, or township in this state;
officer
of the Michigan state police; or any other police officer
or
law enforcement officer trained and certified pursuant to the
Michigan
law enforcement officers training council act of 1965, Act
No.
203 of the Public Acts of 1965, being sections 28.601 to 28.616
of
the Michigan Compiled Laws.
(f)
"Michigan fire fighter" means a member including volunteer
members
and members paid on call of a fire department, or other
organization
that provides fire suppression and other fire-related
services,
of a city, township, village, or county who is
responsible
for or is in a capacity that includes responsibility
for
the extinguishment of fires. Michigan fire fighter does not
include
a person whose job description, duties, or responsibilities
do
not include direct involvement in fire suppression.
(g) "Medical first responder" means a medical first responder,
as that term is defined in section 20906 of the public health code,
1978 PA 368, MCL 333.20906, in this state.
(h) (g)
"Occupational disease" means a disease
that
routinely constitutes a special hazard in, or is commonly regarded
as
concomitant of, the Michigan police officer's or Michigan fire
fighter's first responder's occupation.
(i) "Police officer" means a sheriff or sheriff's deputy of a
sheriff's department in this state; village or township marshal of
a village or township in this state; officer of the police
department of any city, village, or township in this state; officer
of the Michigan state police; or any other police officer or law
enforcement officer trained and certified pursuant to the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616.
(j) (h)
"State institution of higher education"
means a
public community or junior college established under section 7 of
article VIII of the state constitution of 1963 or part 25 of the
revised
school code, Act No. 451 of the Public Acts of 1976, being
sections
380.1601 to 380.1607 of the Michigan Compiled Laws 1976 PA
451, MCL 380.1601 to 380.1607, or a state university described in
section 4, 5, or 6 of article VIII of the state constitution of
1963.
(k) (i)
"Traumatic injury" means a wound or the
condition
of the body caused by external force, including, but not limited
to, an injury inflicted by bullet, explosive, sharp instrument,
blunt object or other physical blow, fire, smoke, chemical,
electricity, climatic condition, infectious disease, radiation, or
bacteria, but excluding an injury resulting from stress, strain, or
occupational disease.
(l) (j)
"Tuition" means tuition at the rate
charged for
residents of this state.
Sec. 3. (1) Beginning in the 1996-1997 academic year, and
subject to the limitations in subsections (2), (3), and (4), a
state institution of higher education shall waive tuition for each
child
and surviving spouse of a Michigan police officer or Michigan
fire
fighter first responder who has been or is killed in the line
of duty if the child or surviving spouse meets all of the following
requirements:
(a) Applies, qualifies, and is admitted as a full-time, part-
time, or summer school student in a program of study leading to a
degree or certificate.
(b) Is a legal resident of the state for at least the 12
consecutive months immediately preceding his or her application.
For an individual who is a dependent of his or her parent,
residency status shall be determined by the parent's residency. For
an individual who is not a dependent, residency status shall be
determined in the same manner as under title IV of the higher
education
act of 1965, Public Law 89-329, 79 Stat. 1232 20 USC 1070
to 1099c-2.
(c) Applies to the department for tuition waiver under this
act and provides evidence satisfactory to the department that he or
she
is the child or the surviving spouse of a Michigan police
officer
or Michigan fire fighter
first responder who was killed in
the line of duty, that the course or courses for which he or she is
seeking a tuition waiver meet the requirements of subsection (2),
and that he or she meets the other requirements of this section.
(d)
For a child of a Michigan police officer or Michigan fire
fighter first responder who was killed in the line of duty, applies
under subdivision (c) for the first time before the age of 21.
(e) Is certified by the financial aid officer at the state
institution of higher education as needing the tuition waiver in
order to meet recognized educational expenses. If the child's or
surviving spouse's family income, excluding any income from death
benefits
attributable to the Michigan police officer's or Michigan
fire
fighter's first responder's death, is below 400% of poverty
level under federal poverty guidelines published by the United
States department of health and human services, income from any
death benefits accruing to the child or surviving spouse as a
result
of the Michigan police officer's or Michigan fire fighter's
first responder's death shall not be counted as family income in
determining financial need under this subdivision.
(f) Maintains satisfactory academic progress, as defined by
the state institution of higher education, for each term or
semester in which he or she is enrolled. The satisfactory progress
definition used by an institution for federal student assistance
programs under title IV of the higher education act of 1965, 20 USC
1070 to 1099c-2, is acceptable for the purposes of this act.
(g) Has not achieved a bachelor's degree and has received
tuition reimbursement under this act for less than 124 semester
credits or 180 term credits at an institution of higher education.
(2) A state institution of higher education shall waive
tuition under this act only for courses that are applicable toward
the degree or certificate requirements of the program in which the
child or surviving spouse is enrolled.
(3)
A child or surviving spouse of a Michigan police officer
or
Michigan fire fighter first
responder who was killed in the line
of duty is eligible for tuition waiver under this section for not
more than a total of 9 semesters or the equivalent number of terms
or quarters.
(4) Tuition shall be waived only to the extent that the
tuition is not covered or paid by any scholarship, trust fund,
statutory benefit, or any other source of tuition coverage
available to the person eligible for a waiver under this act.