72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 525
Sponsored by Senator GEORGE; Representative NELSON (at the
request of Chad Ryan)
CHAPTER ................
AN ACT
Relating to members of the Armed Forces of the United States;
creating new provisions; amending ORS 285A.105, 341.529,
351.642 and 497.006; repealing ORS 174.103; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 351.642 is amended to read:
351.642. { + (1) As used in this section:
(a) 'Active member of the Armed Forces of the United States'
includes officers and enlisted personnel of the Armed Forces of
the United States who:
(A) Reside in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Reside in this state while serving as members of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Reside in another state or a foreign country and establish
Oregon residency by filing Oregon state income taxes no later
than 12 months before leaving active duty.
(b) '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.
(c) 'Dependent children' includes any children of an active
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. + }
{ - (1) - } { + (2) + } { + Active + } members of the
Armed Forces of the United States and their spouses and dependent
children { - who are described in ORS 174.103 - } shall be
considered residents of this state for the purpose of
{ + admission and for the purpose of + } determining fees and
tuition to be paid by such individuals while attending any
educational institution in this state { + that is + } under the
control of the State Board of Higher Education.
Enrolled Senate Bill 525 (SB 525-B) Page 1
{ - (2) - } { + (3) + } The State Board of Higher Education
may contract with the Armed Forces of the United States to
furnish educational service in Oregon institutions to
{ + active + } members of the Armed Forces of the United States
{ - described in ORS 174.103 - } .
{ - (3) - } { + (4) + } The { + State + } Board { + of
Higher Education + } shall determine the number of such students
that should be accepted { - , - } and shall make final
decisions on admission of individual applicants.
{ - (4) - } { + (5) + } Students attending Oregon
institutions under contracts with the Armed Forces of the United
States under this section shall pay fees and tuition customarily
charged Oregon students.
{ - (5) - } { + (6) + } Payments made by the Armed Forces
of the United States under such contracts shall be deposited in
the State Treasury and credited to the accounts of the State
Board of Higher Education in the same manner that fees and
tuition payments for resident students are deposited and
credited.
SECTION 2. { + The amendments to ORS 351.642 by section 1 of
this 2003 Act first apply to the 2003 summer term. + }
SECTION 3. ORS 341.529 is amended to read:
341.529. { + (1) As used in this section:
(a) 'Active member of the Armed Forces of the United States'
includes officers and enlisted personnel of the Armed Forces of
the United States who:
(A) Reside in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Reside in this state while serving as members of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Reside in another state or a foreign country and establish
Oregon residency by filing Oregon state income taxes no later
than 12 months before leaving active duty.
(b) '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.
(c) 'Dependent children' includes any children of an active
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.
(2) + } Community colleges in Oregon shall admit
{ + active + } members of the Armed Forces of the United States
and their spouses and dependent children { - who are described
in ORS 174.103 at the same tuition rate assessed against - }
{ + in the same manner as + } Oregon residents who are residents
of the community college district { + and shall assess the same
fees and tuition rates + }.
SECTION 4. { + The amendments to ORS 341.529 by section 3 of
this 2003 Act first apply to the 2003 summer term. + }
SECTION 5. ORS 497.006 is amended to read:
497.006. { + (1) As used in this section:
Enrolled Senate Bill 525 (SB 525-B) Page 2
(a) 'Active member of the Armed Forces of the United States'
includes officers and enlisted personnel of the Armed Forces of
the United States who:
(A) Reside in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Reside in this state while serving as members of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Reside in another state or a foreign country and establish
Oregon residency by filing Oregon state income taxes no later
than 12 months before leaving active duty.
(b) '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.
(c) 'Dependent children' includes any children of an active
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.
(2) + } The following persons shall be considered resident
persons for the purpose of purchasing licenses, tags and permits
issued by the State Fish and Wildlife Commission:
{ - (1) - } { + (a) Active + }members of the Armed Forces
of the United States who furnish to the commission evidence
satisfactory to the commission that the person is permanently
assigned to active duty in this state and the spouses and
dependent children of such members.
{ - (2) - } { + (b) + } Any { + active + } member of the
Armed Forces of the United States who furnishes to the commission
evidence satisfactory to the commission that the person is a
member of the Armed Forces of the United States { - described
in ORS 174.103 - } and the spouse and dependent children of such
member.
{ - (3) - } { + (c) + } Aliens who furnish to the
commission evidence satisfactory to the commission that the
person is attending a school in this state pursuant to a foreign
student exchange program.
SECTION 6. ORS 285A.105 is amended to read:
285A.105. (1) The Economic and Community Development Department
shall:
(a) Consult and advise with, coordinate the activities of and
give technical assistance to the Armed Forces of the United
States and units of local government in this state in carrying
out this section and ORS { - 174.103, - } 341.529, 351.642 and
497.006.
(b) Provide, upon request of any one of the Armed Forces of the
United States, lists of persons who are qualified to provide
technical and commercial services to the Armed Forces of the
United States and to enter contracts for the construction, repair
and maintenance of military facilities.
(2) Other state agencies shall cooperate with the Economic and
Community Development Department and the Armed Forces of the
United States in carrying out this section and ORS
{ - 174.103, - } 341.529, 351.642 and 497.006.
Enrolled Senate Bill 525 (SB 525-B) Page 3
SECTION 7. { + ORS 174.103 is repealed. + }
SECTION 8. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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Passed by Senate April 15, 2003
Repassed by Senate May 19, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 14, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 525 (SB 525-B) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 525 (SB 525-B) Page 5