Bill Text: OR HB2787 | 2013 | Regular Session | Engrossed

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

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Bill Title: Relating to exemption from nonresident status for higher education; and declaring an emergency.

Spectrum: Strong Partisan Bill (Democrat 41-3)

Status: (Passed) 2013-04-02 - Chapter 17, (2013 Laws): Effective date July 1, 2013. [HB2787 Detail]

Download: Oregon-2013-HB2787-Engrossed.html

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     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 1951

                           A-Engrossed

                         House Bill 2787
                Ordered by the House February 19
          Including House Amendments dated February 19

Sponsored by Representatives DEMBROW, HUFFMAN, JENSON, KOMP,
  Senator COURTNEY; Representatives GALLEGOS, GELSER, HARKER,
  VEGA PEDERSON, Senators HASS, MONROE, THOMSEN

                             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.

  Provides that certain students are entitled to exemption from
nonresident tuition and fees at public universities.  { + Directs
Oregon University System to make annual report to specified
members of Legislative Assembly on impact of Act.  + }Allows for
direct Supreme Court review of challenge to Act.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to exemption from nonresident status for higher
  education; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 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 a public university 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) During each of the five 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 any state or territory of the United States,
the District of Columbia or the Commonwealth of Puerto Rico;
  (c) No more than three years before initially enrolling in a
public university 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
  (d) Shows intention to become a citizen or a lawful permanent
resident of the United States by submitting to the public
university the student attends or plans to attend:
  (A) An official copy of the student's application to register
with a federal immigration program or federal deportation
deferral program or a statement of intent that the student will
seek to obtain citizenship as permitted under federal law; and
  (B) An affidavit stating that the student has applied for a
federal individual taxpayer identification number or other
official federal identification document.
  (2) The board shall exempt a student who is financially
dependent 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 a public university 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) During each of the five 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 any state or territory of the United States,
the District of Columbia or the Commonwealth of Puerto Rico and
resided with the person upon whom the student is dependent;
  (c) No more than three years before initially enrolling in a
public university 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
  (d) For a student who is not already a citizen or lawful
permanent resident of the United States, shows intention to
become a citizen or a lawful permanent resident of the United
States by submitting to the public university the student attends
or plans to attend:
  (A) An official copy of the student's application to register
with a federal immigration program or federal deportation
deferral program or a statement of intent that the student will
seek to obtain citizenship as permitted under federal law; and
  (B) An affidavit stating that the student has applied for a
federal individual taxpayer identification number or other
official federal identification document.
  (3) A student continues to qualify for exemption from
nonresident tuition and fees under subsection (1) or (2) of this
section for five years after initial enrollment under the
exemption in a public university listed in ORS 352.002.
  (4) A student who is a citizen or a lawful permanent resident
of the United States and who has resided outside of Oregon for
more than three years while serving in the Armed Forces of the
United States, but who otherwise meets the requirements of
subsection (1) or (2) of this section, shall qualify for
exemption from nonresident tuition and fees for enrollment in a
public university listed in ORS 352.002 without having to
reestablish residency in Oregon.
  (5) The board shall adopt rules to implement the provisions of
this section.
  (6) Not later than July 1 of each year, the Oregon University
System shall report to the Speaker of the House of
Representatives, the President of the Senate and the interim
committees of the Legislative Assembly with subject matter
authority over higher education, for the preceding academic year:
  (a) The number of students that applied and were accepted into
public universities under this section; and
  (b) The financial impact of this section on the Oregon
University System. + }
  SECTION 3.  { + (1) Jurisdiction is conferred on the Oregon
Supreme Court to determine in the manner provided by this section
whether section 2 of this 2013 Act violates federal law codified
at 8 U.S.C. 1623.
  (2) A person who is adversely affected by section 2 of this
2013 Act, or who will be adversely affected by section 2 of this
2013 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 2013 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. + }
  SECTION 4.  { + Section 2 of this 2013 Act first applies to the
2013-2014 school year. + }
  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 July 1,
2013. + }
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