Bill Text: OR HB2158 | 2013 | Regular Session | Enrolled
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-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2158
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Veterans
Affairs)
CHAPTER ................
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.
Enrolled House Bill 2158 (HB 2158-B) Page 1
{ - (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
Enrolled House Bill 2158 (HB 2158-B) Page 2
(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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Enrolled House Bill 2158 (HB 2158-B) Page 3
Passed by House April 18, 2013
Repassed by House June 12, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 10, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2158 (HB 2158-B) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2158 (HB 2158-B) Page 5
