House Introduced Bill 4242

HOUSE BILL No. 4242


     February 14, 2001, Introduced by Reps. Bob Brown, Sheltrown, Wojno, Gieleghem, Schauer, Bovin, Woronchak, Dennis,
Plakas, Kolb, Anderson, Neumann, Pestka, Spade, Bernero, Rivet, Howell, Ehardt, Hager, Jacobs, Woodward and Rich Brown and
referred to the Committee on Education.


        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:

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                                    TITLE

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           An act to provide for a waiver of tuition at state public

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      institutions of higher education for children and surviving

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      spouses of  Michigan police  CERTAIN LAW ENFORCEMENT officers and

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       fire fighters  FIREFIGHTERS killed in the line of duty; and to

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      provide for an appropriation.

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           Sec. 1.  This act shall be known and may be cited as the

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       "police  "LAW ENFORCEMENT officer's and  fire fighter's 

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      FIREFIGHTER'S survivor tuition act".




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           Sec. 2.  As used in this act:

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           (A) "CAPITOL SECURITY OFFICER" MEANS A SECURITY EMPLOYEE

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      EMPLOYED BY THIS STATE AS DESCRIBED IN SECTION 6C OF 1935 PA 59,

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      MCL 28.6C.

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           (B)  (a)  "Child" means an individual who is a natural or

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      adopted child of a deceased  Michigan police officer or deceased

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      Michigan fire fighter  LAW ENFORCEMENT OFFICER OR FIREFIGHTER and

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      who was under the age of 21 at the time of the  Michigan police

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      officer's or Michigan fire fighter's  death OF THE LAW ENFORCE-

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      MENT OFFICER OR FIREFIGHTER.

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           (C) "CONSERVATION OFFICER" MEANS A CONSERVATION OFFICER

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      APPOINTED BY THE DEPARTMENT OF NATURAL RESOURCES OR THE DEPART-

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      MENT OF ENVIRONMENTAL QUALITY.

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           (D)  (b)  "Department" means the department of state

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      police.

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           (E) "FIREFIGHTER" MEANS A MEMBER, INCLUDING VOLUNTEER MEM-

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      BERS AND MEMBERS PAID ON CALL, OF A FIRE DEPARTMENT OR OTHER

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      ORGANIZATION THAT PROVIDES FIRE SUPPRESSION AND OTHER

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      FIRE-RELATED SERVICES, OF A CITY, TOWNSHIP, VILLAGE, OR COUNTY IN

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      THIS STATE WHO IS RESPONSIBLE FOR OR IS IN A CAPACITY THAT

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      INCLUDES RESPONSIBILITY FOR THE EXTINGUISHMENT OF FIRES.

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      FIREFIGHTER DOES NOT INCLUDE A PERSON WHOSE JOB DESCRIPTION,

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      DUTIES, OR RESPONSIBILITIES DO NOT INCLUDE DIRECT INVOLVEMENT IN

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      FIRE SUPPRESSION.

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           (F)  (c)  "Killed" means that the  Michigan police officer's

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      or Michigan fire fighter's  death OF THE LAW ENFORCEMENT OFFICER





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      OR FIREFIGHTER is the direct and proximate result of a traumatic

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      injury incurred in the line of duty.

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           (G) "LAW ENFORCEMENT OFFICER" MEANS A CAPITOL SECURITY OFFI-

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      CER, CONSERVATION OFFICER, MOTOR CARRIER OFFICER, OR POLICE

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      OFFICER.

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           (H)  (d)  "Line of duty" means an action that a  Michigan

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      police officer or Michigan fire fighter  LAW ENFORCEMENT OFFICER

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      OR FIREFIGHTER is obligated or authorized to perform by rule,

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      regulation, condition of employment or service, or law, includ-

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      ing, but not limited to, a social, ceremonial, or athletic func-

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      tion that the  Michigan police officer or Michigan fire fighter 

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      LAW ENFORCEMENT OFFICER OR FIREFIGHTER is assigned to or compen-

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      sated for by the public agency he or she serves.

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           (I) "MOTOR CARRIER OFFICER" MEANS AN OFFICER OF THE MOTOR

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      CARRIER ENFORCEMENT DIVISION OF THE DEPARTMENT OF THE MICHIGAN

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      STATE POLICE AS DESCRIBED IN SECTION 6D OF 1935 PA 59, MCL 28.6D.

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           (J) "OCCUPATIONAL DISEASE" MEANS A DISEASE THAT ROUTINELY

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      CONSTITUTES A SPECIAL HAZARD IN, OR IS COMMONLY REGARDED AS CON-

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      COMITANT OF, THE OCCUPATION OF A LAW ENFORCEMENT OFFICER OR

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      FIREFIGHTER.

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           (K)  (e) "Michigan police  "POLICE officer" means a sheriff

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      or sheriff's deputy of a sheriff's department in this state; vil-

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      lage or township marshal of a village or township in this state;

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      officer of the police department of any city, village, or town-

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      ship in this state; officer of the Michigan state police; or any

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      other police officer or law enforcement officer trained and

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      certified pursuant to the  Michigan law enforcement officers



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      training council act of 1965, Act No. 203 of the Public Acts of

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      1965, being sections 28.601 to 28.616 of the Michigan Compiled

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      Laws  COMMISSION ON LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203,

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      MCL 28.601 TO 28.616.

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            (f) "Michigan fire fighter" means a member including volun-

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      teer members and members paid on call of a fire department, or

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      other organization that provides fire suppression and other

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      fire-related services, of a city, township, village, or county

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      who is responsible for or is in a capacity that includes respon-

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      sibility for the extinguishment of fires.  Michigan fire fighter

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      does not include a person whose job description, duties, or

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      responsibilities do not include direct involvement in fire

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      suppression. 

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            (g) "Occupational disease" means a disease that routinely

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      constitutes a special hazard in, or is commonly regarded as con-

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      comitant of, the Michigan police officer's or Michigan fire

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      fighter's occupation. 

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           (l)  (h)  "State institution of higher education" means a

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      public community or junior college established under section 7 of

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      article VIII of the state constitution of 1963 or part 25 of the

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      revised school code,  Act No. 451 of the Public Acts of 1976,

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      being sections 380.1601 to 380.1607 of the Michigan Compiled

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      Laws  1976 PA 451, MCL 380.1601 TO 380.1607, or a state univer-

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      sity described in section 4, 5, or 6 of article VIII of the state

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      constitution of 1963.

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           (M)  (i)  "Traumatic injury" means a wound or the condition

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      of the body caused by external force, including, but not limited



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      to, an injury inflicted by bullet, explosive, sharp instrument,

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      blunt object or other physical blow, fire, smoke, chemical, elec-

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      tricity, climatic condition, infectious disease, radiation, or

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      bacteria, but excluding an injury resulting from stress, strain,

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      or occupational disease.

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           (N)  (j)  "Tuition" means tuition at the rate charged for

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      residents of this state.

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           Sec. 3.  (1)  Beginning in the 1996-1997 academic year, and

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      subject  SUBJECT to the limitations in subsections (2), (3), and

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      (4), a state institution of higher education shall waive tuition

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      for each child and surviving spouse of a  Michigan police officer

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      or Michigan fire fighter  LAW ENFORCEMENT OFFICER OR FIREFIGHTER

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      who has been or is killed  in the line of duty  if the child or

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      surviving spouse meets all of the following requirements:

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           (a)  Applies  HE OR SHE APPLIES, qualifies, and is admitted

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      as a full-time, part-time, or summer school student in a program

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      of study leading to a degree or certificate.

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           (b)  Is  HE OR SHE IS a legal resident of  the  THIS
   state

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      for at least the 12 consecutive months immediately preceding his

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      or her application.  For an individual who is a dependent of his

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      or her parent, residency status shall be determined by the

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      parent's residency.  For an individual who is not a dependent,

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      residency status shall be determined in the same manner as under

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      title IV of the higher education act of 1965, Public Law 89-329,

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      79 Stat. 1232.

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           (c)  Applies  HE OR SHE APPLIES to the department for

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      tuition waiver under this act and provides evidence satisfactory



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      to the department that he or she is the child or the surviving

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      spouse of a  Michigan police officer or Michigan fire fighter 

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      LAW ENFORCEMENT OFFICER OR FIREFIGHTER who was killed,  in the

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      line of duty,  that the course or courses for which he or she is

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      seeking a tuition waiver meet the requirements of subsection (2),

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      and that he or she meets the other requirements of this section.

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           (d) For a child of a  Michigan police officer or Michigan

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      fire fighter who was killed in the line of duty  LAW ENFORCEMENT

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      OFFICER OR FIREFIGHTER, HE OR SHE applies under subdivision (c)

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      for the first time before the age of 21.

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            (e) Is certified by the financial aid officer at the state

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      institution of higher education as needing the tuition waiver in

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      order to meet recognized educational expenses.  If the child's or

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      surviving spouse's family income, excluding any income from death

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      benefits attributable to the Michigan police officer's or

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      Michigan fire fighter's death, is below 400% of poverty level

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      under federal poverty guidelines published by the United States

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      department of health and human services, income from any death

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      benefits accruing to the child or surviving spouse as a result of

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      the Michigan police officer's or Michigan fire fighter's death

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      shall not be counted as family income in determining financial

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      need under this subdivision. 

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           (E)  (f) Maintains  HE OR SHE MAINTAINS satisfactory aca-

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      demic progress, as defined by the state institution of higher

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      education, for each term or semester in which he or she is

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      enrolled.  The satisfactory progress definition used by an

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      institution for federal student assistance programs under title



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      IV of the higher education act of 1965, PUBLIC LAW 89-329, 79

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      STAT. 1232, is acceptable for the purposes of this act.

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           (F)  (g) Has  HE OR SHE HAS not achieved a bachelor's degree

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      and has received tuition reimbursement under this act for less

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      than 124 semester credits or 180 term credits at an institution

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      of higher education.

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           (2) A state institution of higher education shall waive

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      tuition under this act only for courses that are applicable

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      toward the degree or certificate requirements of the program in

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      which the child or surviving spouse is enrolled.

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           (3) A child or surviving spouse of a  Michigan police offi-

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      cer or Michigan fire fighter  LAW ENFORCEMENT OFFICER OR

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      FIREFIGHTER who was killed  in the line of duty  is eligible for

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      tuition waiver under this section for not more than a total of 9

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      semesters or the equivalent number of terms or quarters.

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           (4)  Tuition shall be waived  A STATE INSTITUTION OF HIGHER

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      EDUCATION SHALL WAIVE TUITION UNDER THIS ACT only to the extent

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      that the tuition is not covered or paid by any scholarship, trust

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      fund, statutory benefit, or any other source of tuition coverage

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      available to the person eligible for a waiver under this act.

















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