71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 807
 
                           B-Engrossed
 
                         House Bill 2177
                 Ordered by the Senate March 22
           Including House Amendments dated January 31
              and Senate Amendments dated March 22
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Oregon Military Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Changes definition of Armed Forces of the United States for
purposes of residency for higher education and hunting and
fishing licenses, tags and permits.   { - Provides that spouses
and dependent children of service personnel must be residents of
Oregon to qualify for resident licenses and tuition. - }
 { + Applies to member of armed forces who resides in foreign
country under specified circumstances. + }
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to Armed Forces of the United States; amending ORS
  174.103; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 174.103 is amended to read:
  174.103. (1) Officers and enlisted personnel of the Armed
Forces of the United States   { - who - }  { +  and the spouses
and dependent children of such officers and enlisted personnel
are entitled to the benefits described in subsection (2) of this
section if the officers or enlisted personnel:
  (a) + } Reside in this state while assigned to duty at any
base, station, shore establishment or other facility in this
state { + ; + }   { - or - }  { +
  (b) Reside in this state + } while serving as members of the
crew of a ship   { - which - }   { + that + } has an Oregon port
or shore establishment as its home port or permanent station
 { - and the spouses and dependent children of such officers and
enlisted personnel are entitled to the benefits described in
subsection (2) of this section. - }  { + ; or
  (c) Reside in a foreign country and establish Oregon residency
by filing Oregon state income taxes no later than 12 months
before leaving active duty. + }
  (2) Members of the Armed Forces of the United States and their
spouses and dependent children who are described in subsections
(1) and (3) of this section:
 
  (a) Shall be considered resident persons for the purpose of
purchasing licenses, tags and permits issued by the State Fish
and Wildlife Commission.
  (b) Shall be considered resident persons for the purpose of
admission to community colleges and institutions of higher
education in this state and for the purpose of determining the
fees and tuition assessed by the institutions and community
colleges.
  (3) As used in this section:
  (a) 'Armed Forces of the United States' includes { + :
  (A) + } The Army, Navy, Air Force, Marine Corps and Coast Guard
of the United States { + ;
  (B) Reserve components of the Army, Navy, Air Force, Marine
Corps and Coast Guard of the United States; and
  (C) The National Guard of the United States and the Oregon
National Guard + }.
  (b) 'Dependent children' includes any children of a member of
the Armed Forces of the United States who:
  (A) Are under 18 years of age and not married, otherwise
emancipated or self-supporting; or
  (B) Are under 23 years of age, unmarried, enrolled in a
full-time course of study in an institution of higher learning
and dependent on the member for over one-half of their support.
  SECTION 2.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
                         ----------