76th OREGON LEGISLATIVE ASSEMBLY--2011 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 989
 
                         Senate Bill 742
 
Sponsored by Senators MORSE, NELSON, Representatives DEMBROW,
  JENSON; Senators BONAMICI, DINGFELDER, EDWARDS, MONROE,
  SHIELDS, THOMSEN, Representatives BUCKLEY, GELSER, HARKER,
  JOHNSON, KOMP, KOTEK
 
 
                             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.
 
  Provides that certain students are entitled to exemption from
nonresident tuition and fees at state institutions of higher
education. Allows for direct review of challenge to law by Oregon
Supreme Court.
 
                        A BILL FOR AN ACT
Relating to exemption from nonresident status for higher
  education.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 351. + }
  SECTION 2.  { + (1) The State Board of Higher Education shall
exempt a student who is not a citizen or a lawful permanent
resident of the United States from paying nonresident tuition and
fees for enrollment in an institution of higher education listed
in ORS 352.002 if the student:
  (a) During each of the three years immediately prior to
receiving a high school diploma or leaving school before
receiving a high school diploma, attended an elementary or a
secondary school in this state;
  (b) No more than three years before initially enrolling in an
institution of higher education listed in ORS 352.002, received a
high school diploma from a secondary school in this state or
received the equivalent of a high school diploma; and
  (c) Intends, as determined by the board by rule, to become a
citizen or a lawful permanent resident of the United States.
  (2) The board shall exempt a student who is financially
dependent, as defined by the board by rule, upon a person who is
not a citizen or a lawful permanent resident of the United States
from paying nonresident tuition and fees for enrollment in an
institution of higher education listed in ORS 352.002 if the
student:
  (a) During each of the three years immediately prior to
receiving a high school diploma or leaving school before
receiving a high school diploma, attended an elementary or a
secondary school in this state and resided in this state with the
person upon whom the student is dependent;
 
  (b) No more than three years before initially enrolling in an
institution of higher education listed in ORS 352.002, received a
high school diploma from a secondary school in this state or
received the equivalent of a high school diploma; and
  (c) For a student who is not already a citizen or lawful
permanent resident of the United States, intends, as determined
by the board by rule, to become a citizen or a lawful permanent
resident of the United States.
  (3) A student continues to qualify for exemption from
nonresident tuition and fees under subsection (1) or (2) of this
section for a maximum of five years after initial enrollment
under the exemption in an institution of higher education listed
in ORS 352.002. + }
  SECTION 3.  { + Section 2 of this 2011 Act first applies to the
2012 fall academic term. + }
  SECTION 4.  { + (1) Jurisdiction is conferred on the Oregon
Supreme Court to determine in the manner provided by this section
whether section 2 of this 2011 Act violates federal law codified
at 8 U.S.C. 1623.
  (2) A person who is adversely affected by section 2 of this
2011 Act, or who will be adversely affected by section 2 of this
2011 Act, may institute a proceeding for review by filing with
the Supreme Court a petition that meets the following
requirements:
  (a) The petition must be filed within 60 days after the
effective date of this 2011 Act.
  (b) The petition must include the following:
  (A) A statement of the basis of the challenge; and
  (B) A statement and supporting affidavit showing how the
petitioner is adversely affected.
  (3) The petitioner shall serve a copy of the petition by
registered or certified mail upon the Attorney General and the
Governor.
  (4) Proceedings for review under this section shall be given
priority over all other matters before the Supreme Court.
  (5) In the event the Supreme Court determines that there are
factual issues in the petition, the Supreme Court may appoint a
special master to hear evidence and to prepare recommended
findings of fact. + }
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