Chapter 200 Oregon Laws 2005

AN ACT

SB 486

Relating to tuition waiver program of Oregon Military Department; amending ORS 399.275 and 399.280; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 399.275 is amended to read:

399.275. (1) As used in this section and ORS 399.280:

(a) “Eligible post-secondary institution” has the meaning given that term in ORS 348.180.

(b) “Surviving family member” means a spouse or dependent of a member of the Oregon National Guard who is killed while on active duty.

[(1)] (2) Subject to the availability of funds, the Oregon Military Department may contract with the Oregon Student Assistance Commission to:

(a) Disburse to eligible post-secondary institutions[, as defined in ORS 348.180,] the dollar amount of tuition waivers authorized by this section and approved for payment by the department; and

(b) Provide to the department a compilation of the total dollar amount of the tuition waivers approved for each academic term included in the contract.

[(2)] (3) The department shall regularly provide to the commission the names of members of the Oregon National Guard and surviving family members for whom tuition waivers may be approved.

[(3)] (4) Any member of the Oregon National Guard or surviving family member who registers for classes at an eligible post-secondary institution may receive a tuition waiver of up to [90] 100 percent of the resident tuition charges imposed by that institution, except that in the case of a not-for-profit independent institution, the tuition waiver may not exceed [90] 100 percent of the resident tuition at Oregon State University.

(5)(a) A member of the Oregon National Guard may receive the tuition waiver authorized by this section at any time if the member maintains satisfactory performance with the Oregon National Guard and pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution.

(b) A surviving family member may receive the tuition waiver authorized by this section if the surviving family member pursues a course of study in the eligible post-secondary institution in a manner that satisfies the usual requirements of the institution.

(c) The member of the Oregon National Guard or surviving family member is responsible for payment of the balance of the tuition charges not provided for by the tuition waiver program.

[(4)] (6) When determining to whom the tuition waivers shall be granted, priority shall be given to those members of the Oregon National Guard who have previously received tuition waivers while serving in the Oregon National Guard and surviving family members who have previously received tuition waivers.

(7) The department shall apply qualifications and limitations to the tuition waiver program that are consistent with efficient and effective program management as determined by the Adjutant General.

SECTION 2. ORS 399.280 is amended to read:

399.280. (1) The tuition waiver program described in this section and ORS 399.275 [shall not be] is not available to any member of the Oregon National Guard or surviving family member who has a baccalaureate degree.

(2) A member of the Oregon National Guard or surviving family member may obtain only one undergraduate degree under the tuition waiver program established by this section and ORS 399.275. Only courses that meet degree requirements shall be approved for tuition waivers. A member of the Oregon National Guard [shall] or surviving family member may not receive a tuition waiver for any noncredit course.

(3) If a member of the Oregon National Guard or surviving family member voluntarily withdraws from a course for which the member is receiving a tuition waiver, the member is liable for all costs relating to withdrawal, including but not limited to all the costs billed by the eligible post-secondary institution[, as defined in ORS 348.180,] to the Oregon Military Department.

(4) A member of the Oregon National Guard with no prior military service must complete basic military training, military occupational specialty training or skill-level training prior to being eligible for tuition waivers under this section and ORS 399.275. However, the Adjutant General may waive this requirement if the Adjutant General determines that a tuition waiver would be in the interests of the Oregon National Guard.

(5) A member of the Oregon National Guard who receives tuition waivers under this section and ORS 399.275 shall agree in writing to serve in the Oregon National Guard for four years after the completion of the courses for which tuition waivers were given. A member who receives tuition waivers may be asked to reimburse the State of Oregon if the member leaves the Oregon National Guard during the four-year period.

(6) The Oregon Military Department shall [retain the responsibility and authority to] establish any limitations and controls it considers necessary to ensure maximum fiscal efficiency and productivity of the tuition waiver program established by this section and ORS 399.275.

SECTION 3. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor June 9, 2005

Filed in the office of Secretary of State June 9, 2005

Effective date July 1, 2005

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