Bill Text: OR SB10 | 2013 | Regular Session | Introduced
Bill Title: Relating to exemption from nonresident status for higher education; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB10 Detail]
Download: Oregon-2013-SB10-Introduced.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 3008
Senate Bill 10
Sponsored by Senator COURTNEY
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 public universities. 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 filing an affidavit with the
public university the student attends or plans to attend stating
that the student has filed an application to legalize the
student's immigration status, or will file an application as soon
as the student is eligible.
(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 filing an affidavit with the public university the
student attends or plans to attend stating that the student has
filed an application to legalize the student's immigration
status, or will file an application as soon as the student is
eligible.
(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) The board shall adopt rules to implement the provisions of
this section. + }
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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