Bill Text: OR HB2158 | 2013 | Regular Session | Engrossed

Oregon House Bill 2158 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to veterans' educational benefits; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-06-24 - Chapter 460, (2013 Laws): Effective date June 24, 2013. [HB2158 Detail]

Download: Oregon-2013-HB2158-Engrossed.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1718

                           B-Engrossed

                         House Bill 2158
                  Ordered by the Senate June 5
 Including House Amendments dated April 16 and Senate Amendments
                          dated June 5

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on 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.

  Directs public universities and community colleges to charge
nonresident veteran who is undergraduate student tuition and fees
no greater than resident rate if nonresident veteran   { - was
discharged under other than dishonorable conditions and attended
elementary or secondary school in any state or territory,
District of Columbia or Commonwealth of Puerto Rico within five
years immediately prior to receiving high school diploma or
leaving school before receiving high school diploma, attended
elementary or secondary school in this state within three years
immediately prior to receiving high school diploma or leaving
school before receiving diploma and received high school diploma
from secondary school in this state or received equivalent of
high school diploma - }  { +  received either honorable discharge
or general discharge under honorable conditions and provides
proof of physical presence in Oregon within 12 months of
enrollment + }.
    { - Where nonresident veteran who is undergraduate or
graduate student does not meet specified requirements, directs
public universities and community colleges to charge nonresident
veteran tuition and fees no greater than resident rate plus 50
percent of difference between resident rate and nonresident
rate. - }
   { +  Directs eligible post-secondary institution to waive
tuition for child of Purple Heart recipient when recipient
received either honorable discharge or general discharge under
honorable conditions and was awarded Purple Heart in 2001 or
thereafter.
  Requires State Board of Education and State Board of Higher
Education to report annually to Legislative Assembly regarding
students who receive tuition relief. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT

Relating to veterans' educational benefits; creating new
  provisions; amending ORS 351.656 and 352.375; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 352.375 is amended to read:
  352.375. (1) A public university listed in ORS 352.002 or a
community college shall charge an enrolled student who is not a
resident of this state and who is attending classes as an
undergraduate on a public university or community college campus
in this state tuition and fees no greater than the resident rate
  { - plus 50 percent of the difference between the resident rate
and the nonresident rate - }  if the student { + :
  (a) + } Served in the Armed Forces of the United
States { + ; + }   { - and - }  { +
  (b) + } Was relieved or discharged from that service
 { - under honorable conditions. - }  { +  with either an
honorable discharge or a general discharge under honorable
conditions; and
  (c) Provides proof that the student has established a physical
presence in Oregon within 12 months of being enrolled at the
public university or community college. + }
    { - (2) Every public university listed in ORS 352.002 and
community college in this state shall participate to the fullest
extent allowed in the federal educational assistance programs
under the Supplemental Appropriations Act of 2008 (P.L. 110-252)
so as to reduce the overall tuition rate for students eligible
for tuition rate reduction under subsection (1) of this section
to the resident tuition rate. - }
    { - (3) - }  { +  (2) + } A person who served in the Armed
Forces of the United States and who receives federal tuition
benefits in excess of the tuition and fees the person is charged
under subsection (1) of this section at a public university
listed in ORS 352.002 or a community college where the person is
enrolled shall pay tuition and fees equal to the federal tuition
benefits received.
    { - (4) - }  { +  (3) + } Distance education and self-support
courses as identified by each public university listed in ORS
352.002 and community college are exempt from the tuition
reduction provisions of this section.
    { - (5) - }  { +  (4) + } If a nonresident student otherwise
eligible for tuition benefits under this section is receiving
federal vocational rehabilitation education benefits, that
student shall pay full nonresident tuition and fees charged by a
public university listed in ORS 352.002 or a community college.
  SECTION 2. ORS 351.656 is amended to read:
  351.656. (1) As used in this section:
  (a) 'Child' means a child, adopted child or stepchild of  { +
either + } a service member { +  or a Purple Heart recipient + }.
  (b) 'Eligible post-secondary institution' means:
  (A) A public university listed in ORS 352.002; and
  (B) The Oregon Health and Science University.
   { +  (c) 'Purple Heart recipient' means a person, alive or
deceased, who:
  (A) Was relieved or discharged from service in the Armed Forces
of the United States with either an honorable discharge or a
general discharge under honorable conditions; and
  (B) Was awarded the Purple Heart in 2001 or thereafter for
wounds received in combat. + }
    { - (c) - }  { +  (d) + } 'Qualified student' means a child,
a spouse or an unremarried surviving spouse of a service
member { +  or a child of a Purple Heart recipient + }.
    { - (d) - }  { +  (e) + } 'Service member' means a person
who:
  (A) As a member of the Armed Forces of the United States, died
on active duty;

  (B) As a member of the Armed Forces of the United States, died
as a result of a military service connected disability; or
  (C) Is 100 percent disabled as the result of a military service
connected disability, 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) - }  { +  (7) + }
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.
   { +  (7)(a) The amount of tuition waived under this section
may be reduced by the amount of any federal aid scholarships or
grants, awards from the Oregon Opportunity Grant program
established under ORS 348.205, or any other aid from the eligible
post-secondary institution, received by the qualified student.
  (b) The amount of tuition waived under this section may not be
reduced by the amount of any Survivors' and Dependents'
Educational Assistance under 38 U.S.C. chapter 35 paid to a
qualified student. + }
  SECTION 3.  { + The State Board of Education and the State
Board of Higher Education shall report annually on or before
February 1 to committees of the Legislative Assembly related to
veterans and military affairs and to higher education regarding
students who have received tuition relief and assistance under
ORS 351.656 and 352.375 including but not limited to the
following:
  (1) The number of nonresident veterans who were assessed
reduced tuition rates under ORS 352.375 and the amount of
nonresident tuition moneys not assessed as a result of receiving
the reduced tuition rates under ORS 352.375;
  (2) The number of qualified students receiving tuition waivers
under ORS 351.656, the amount of tuition waived and the
relationship of the qualified student to a service member or
Purple Heart recipient under ORS 351.656; and
  (3) Any other relevant information. + }
  SECTION 4.  { + The amendments to ORS 351.656 and 352.375 by
sections 1 and 2 of this 2013 Act apply only to persons admitted
as new but not continuing students for enrollment to a community
college, a public university or an eligible post-secondary
institution on or after September 15, 2013. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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