75th OREGON LEGISLATIVE ASSEMBLY--2009 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 752
 
                         House Bill 2179
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Veterans' Affairs)
 
 
                             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 as
introduced.
 
  Makes veterans, their spouses and dependent children Oregon
residents for purposes of payment of tuition at community
colleges and state institutions of higher education.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to veterans; creating new provisions; amending ORS
  341.529 and 351.642; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 - }
 { + Reserves + }; and
  (C) The National Guard of the United States and the Oregon
National Guard.
  (c) 'Dependent children' includes any children of  { + a
veteran or + } 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  { + veteran or active + } member for over
one-half of their support.
   { +  (d) 'Veteran' has the meaning given that term in ORS
408.225. + }
  (2) Community colleges in Oregon shall admit  { + veterans,
their spouses and dependent children and + } active members of
the Armed Forces of the United States { + , + }   { - and - }
their spouses and dependent children 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 2. 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 - }
 { + Reserves + }; and
  (C) The National Guard of the United States and the Oregon
National Guard.
  (c) 'Dependent children' includes any children of  { + a
veteran or + } 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  { + veteran or active + } member for over
one-half of their support.
   { +  (d) 'Veteran' has the meaning given that term in ORS
408.225. + }
  (2)  { + Veterans, their spouses and dependent children and + }
active members of the Armed Forces of the United States
 { - and - }  { + , + } their spouses and dependent children
 { - shall be - }   { + are + } considered residents of this
state for the purpose of admission and for the purpose of
determining fees and tuition to be paid by   { - such - }
 { + those + } individuals while attending any educational
institution in this state that is under the control of the State
Board of Higher Education.
  (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  { + veterans and + } active members of
the Armed Forces of the United States.
  (4) The State Board of Higher Education shall determine the
number of   { - such students that - }   { + veterans and active
members of the Armed Forces of the United States who  + }should
be accepted and shall make final decisions on admission of
individual applicants.
  (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.
  (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 3.  { + The amendments to ORS 341.529 and 351.642 by
sections 1 and 2 of this 2009 Act 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. + }
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