Chapter 236 Oregon Laws 2009

AN ACT

SB 595

Relating to veterans; creating new provisions; amending sections 9 and 10, chapter 39, Oregon Laws 2008; and declaring an emergency.

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

SECTION 1. Section 9, chapter 39, Oregon Laws 2008, is amended to read:

Sec. 9. (1) As used in this section:

          (a) “Child” means a child, adopted child or stepchild of a service member.

          (b) “Eligible post-secondary institution” means:

          (A) A state institution of higher education listed in ORS 352.002; and

          (B) The Oregon Health and Science University.

          (c) “Qualified student” means a child, a spouse or an unremarried surviving spouse of a service member.

          (d) “Service member” means a person who:

          (A) As a member of the Armed Forces of the United States, died on active duty [after September 11, 2001];

          (B) As a member of the Armed Forces of the United States, died as a result of a military service connected disability [sustained after September 11, 2001]; or

          (C) Is 100 percent disabled as the result of a military service connected disability [sustained after September 11, 2001], as certified by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States.

          (2) Subject to subsections (3) to (6) of this section, an eligible post-secondary institution shall waive tuition for a qualified student for courses that may lead to a baccalaureate degree or a master’s degree. A qualified student who received a tuition waiver for a baccalaureate degree may also qualify for a tuition waiver for a master’s degree.

          (3)(a) The maximum waiver granted under this section shall be as follows:

          (A) For a baccalaureate degree, the total number of credit hours that equals four years of full-time attendance at an eligible post-secondary institution.

          (B) For a master’s degree, the total number of credit hours that equals two years of full-time attendance at an eligible post-secondary institution.

          (b) Notwithstanding paragraph (a) of this subsection, a waiver may not exceed the total number of credit hours the qualified student needs to graduate with a baccalaureate degree or a master’s degree.

          (4) A waiver may be granted under this section only for credit hours for courses that are offered by an eligible post-secondary institution and are available for enrollment regardless of whether the qualified student attends the course and pays tuition.

          (5) A qualified student may receive a waiver under this section if the student:

          (a) At the time of application for a waiver, is considered a resident of this state for the purpose of determining tuition to be paid at an eligible post-secondary institution; and

          (b) Has been admitted to an eligible post-secondary institution for a baccalaureate degree program or has been admitted to a master’s degree program at an eligible post-secondary institution.

          (6)(a) A child who applies for a waiver under this section must be 23 years of age or younger at the time the child applies for a waiver.

          (b) Notwithstanding paragraph (a) of this subsection, a child who is older than 23 years of age is eligible for a waiver for a master’s degree if the child:

          (A) Applied for and received a waiver for a baccalaureate degree when the child was 23 years of age or younger; and

          (B) Applied for a waiver for a master’s degree within 12 months of receiving a baccalaureate degree.

SECTION 2. Section 10, chapter 39, Oregon Laws 2008, is amended to read:

Sec. 10. (1) As used in this section, “qualified student” has the meaning given that term in section 9, chapter 39, Oregon Laws 2008 [of this 2008 Act].

          (2) No later than February 1, [2009] 2011, each state institution of higher education listed in ORS 352.002, each community college as defined in ORS 341.005 and the Oregon Health and Science University shall report to the [Seventy-fifth] Seventy-sixth Legislative Assembly as provided in ORS 192.245.

          (3) The report required by subsection (2) of this section shall describe how the institution, community college or university is accommodating the financial needs of qualified students, including:

          (a) The number of qualified students who received a waiver under section 9, chapter 39, Oregon Laws 2008, [of this 2008 Act] and the amounts of those waivers.

          (b) Scholarships offered specifically to qualified students, the number of qualified students who received those scholarships and the amounts of those scholarships.

          (c) Any other financial assistance provided to qualified students.

SECTION 3. The amendments to section 9, chapter 39, Oregon Laws 2008, by section 1 of this 2009 Act become operative on July 1, 2009, and first apply to the 2009-2010 school year.

SECTION 4. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

Approved by the Governor June 4, 2009

Filed in the office of Secretary of State June 4, 2009

Effective date June 4, 2009

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