Bill Text: OR SB1563 | 2012 | Regular Session | Enrolled
Bill Title: Relating to members of the uniformed services; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2012-04-12 - Effective date, April 11, 2012. [SB1563 Detail]
Download: Oregon-2012-SB1563-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1563
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Veterans' and Military Affairs for Representative Jean Cowan
and Senator Joanne Verger)
CHAPTER ................
AN ACT
Relating to members of the uniformed services; creating new
provisions; amending ORS 90.475, 109.056, 166.260, 323.055,
341.529, 341.531, 351.642, 351.643, 353.200, 396.370 and
497.006; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.475 is amended to read:
90.475. (1) A tenant may terminate a rental agreement upon
written notice if the tenant provides the landlord with proof of
official orders showing that the tenant is:
(a) Enlisting for active service in the Armed Forces of the
United States;
(b) Serving as a member of a National Guard or other reserve
component or an active service component of the Armed Forces of
the United States and ordered to active service outside the area
for a period that will exceed 90 days;
(c) Terminating active service in the Armed Forces of the
United States; { - or - }
(d) A member of the Public Health Service of the United States
Department of Health and Human Services detailed by proper
authority for duty with the Army or Navy of the United States
and:
(A) Ordered to active service outside the area for a period
that will exceed 90 days; or
(B) Terminating the duty and moving outside the area within the
period that the member is entitled by federal law to the storage
or shipment of household goods { + ; or
(e) A member of the commissioned corps of the National Oceanic
and Atmospheric Administration ordered to active service outside
the area for a period that will exceed 90 days + }.
(2) As used in subsection (1) of this section, 'Armed Forces of
the United States' means the Air Force, Army, Coast Guard, Marine
Corps or Navy of the United States.
(3) A termination of a rental agreement under this section is
effective on the earlier of:
(a) A date determined under the provisions of any applicable
federal law; or
(b) The later of:
Enrolled Senate Bill 1563 (SB 1563-A) Page 1
(A) 30 days after delivery of the notice;
(B) 30 days before the earliest reporting date on orders for
active service;
(C) A date specified in the notice; or
(D) 90 days before the effective date of the orders if
terminating duty described under subsection (1)(d)(B) of this
section or terminating any active service described in this
section.
(4) Notwithstanding ORS 90.300 (7)(a)(A) and 90.430, a tenant
who terminates a lease under subsection (1) of this section is
not:
(a) Subject to a penalty, fee, charge or loss of deposit
because of the termination; or
(b) Liable for any rent beyond the effective date of the
termination as determined under subsection (3) of this section.
SECTION 2. ORS 109.056 is amended to read:
109.056. (1) Except as provided in subsection (2) or (3) of
this section, a parent or guardian of a minor or incapacitated
person, by a properly executed power of attorney, may delegate to
another person, for a period not exceeding six months, any of the
powers of the parent or guardian regarding care, custody or
property of the minor child or ward, except the power to consent
to marriage or adoption of a minor ward.
(2) A parent or guardian of a minor child may delegate the
powers designated in subsection (1) of this section to a school
administrator for a period not exceeding 12 months.
(3)(a) As used in this subsection, 'servicemember-parent '
means a parent or guardian:
(A) Who is { + :
(i) + } A member of the organized militia of this state
{ - or - } { + ;
(ii) + } A member of the Reserves of the Army, Navy, Air Force,
Marine Corps or Coast Guard of the United States; { - and - }
{ + (iii) A member of the commissioned corps of the National
Oceanic and Atmospheric Administration; or
(iv) A member of the Public Health Service of the United States
Department of Health and Human Services detailed by proper
authority for duty with the Army or Navy of the United States;
and + }
(B) Who is required to enter and serve in the active military
service of the United States under a call or order by the
President of the United States or to serve on active state duty
as defined in ORS 398.002.
(b) A servicemember-parent of a minor child may delegate the
powers designated in subsection (1) of this section for a period
not exceeding the term of active duty service plus 30 days.
(c) Except as provided in paragraph (d) of this subsection, if
the minor child is living with the child's other parent, a
delegation under paragraph (b) of this subsection must be to the
parent with whom the minor child is living unless a court finds
that the delegation would not be in the best interests of the
minor child.
(d) When the servicemember-parent has joint custody of the
minor child with the child's other parent or another individual,
and the servicemember-parent is married to an individual other
than the child's other parent, the servicemember-parent may
delegate the powers designated in subsection (1) of this section
to the spouse of the servicemember-parent for a period not
exceeding the term of active duty service plus 30 days, unless a
Enrolled Senate Bill 1563 (SB 1563-A) Page 2
court finds that the delegation would not be in the best
interests of the minor child.
SECTION 3. ORS 166.260 is amended to read:
166.260. (1) ORS 166.250 does not apply to or affect:
(a) Sheriffs, constables, marshals, parole and probation
officers, police officers, whether active or honorably retired,
or other duly appointed peace officers.
(b) Any person summoned by any such officer to assist in making
arrests or preserving the peace, while said person so summoned is
actually engaged in assisting the officer.
(c) The possession or transportation by any merchant of
unloaded firearms as merchandise.
(d) Active or reserve members of { + :
(A) + } The Army, Navy, Air Force, Coast Guard or Marine Corps
of the United States, or of the National Guard, when on duty
{ - . - } { + ;
(B) The commissioned corps of the National Oceanic and
Atmospheric Administration; or
(C) The Public Health Service of the United States Department
of Health and Human Services, when detailed by proper authority
for duty with the Army or Navy of the United States. + }
(e) Organizations which are by law authorized to purchase or
receive weapons described in ORS 166.250 from the United States,
or from this state.
(f) Duly authorized military or civil organizations while
parading, or the members thereof when going to and from the
places of meeting of their organization.
(g) A corrections officer while transporting or accompanying an
individual convicted of or arrested for an offense and confined
in a place of incarceration or detention while outside the
confines of the place of incarceration or detention.
(h) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
(2) It is an affirmative defense to a charge of violating ORS
166.250 (1)(c)(C) that the person has been granted relief from
the disability under ORS 166.274.
(3) Except for persons who are otherwise prohibited from
possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS
166.250 does not apply to or affect:
(a) Members of any club or organization, for the purpose of
practicing shooting at targets upon the established target
ranges, whether public or private, while such members are using
any of the firearms referred to in ORS 166.250 upon such target
ranges, or while going to and from such ranges.
(b) Licensed hunters or fishermen while engaged in hunting or
fishing, or while going to or returning from a hunting or fishing
expedition.
(4) The exceptions listed in subsection (1)(b) to (h) of this
section constitute affirmative defenses to a charge of violating
ORS 166.250.
SECTION 4. ORS 323.055 is amended to read:
323.055. The taxes imposed by ORS 323.005 to 323.482 do not
apply to:
(1) The sale of cigarettes to United States Army, Air Force,
Navy, Marine Corps, { - or - } Coast Guard { + , National
Oceanic and Atmospheric Administration or Public Health Service
of the United States Department of Health and Human Services + }
exchanges and commissaries and Navy or Coast Guard ships' stores,
the United States Department of Veterans Affairs, ships' stores
maintained under federal bond, or to any person that by virtue of
Enrolled Senate Bill 1563 (SB 1563-A) Page 3
the Constitution or statutes of the United States cannot be made
the subject of taxation by this state.
(2) The sale or gift of federally tax-free cigarettes when the
cigarettes are delivered directly from the manufacturer under
Internal Revenue bond to a veterans' home or a hospital or
domiciliary facility of the United States Department of Veterans
Affairs for gratuitous issue to veterans receiving
hospitalization or domiciliary care. The tax may not be imposed
with respect to the use or consumption of these cigarettes by the
institution or by the veteran patients or domiciliaries.
SECTION 5. ORS 341.529 is amended to read:
341.529. (1) As used in this section:
(a) 'Active member of the Armed Forces of the United States'
includes officers and enlisted personnel of the Armed Forces of
the United States who:
(A) Reside in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Reside in this state while serving as members of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Reside in another state or a foreign country and establish
Oregon residency by filing Oregon state income taxes no later
than 12 months before leaving active duty.
(b) 'Armed Forces of the United States' includes:
(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of
the United States;
(B) Reserve components of the Army, Navy, Air Force, Marine
Corps and Coast Guard of the United States; and
(C) The National Guard of the United States and the Oregon
National Guard.
(c) 'Dependent children' includes any children of an active
member of the Armed Forces of the United States who:
(A) Are under 18 years of age and not married, otherwise
emancipated or self-supporting; or
(B) Are under 23 years of age, unmarried, enrolled in a
full-time course of study in an institution of higher learning
and dependent on the member for over one-half of their support.
(2) Community colleges in Oregon shall admit active members of
the Armed Forces of the United States { + , active members of the
commissioned corps of the National Oceanic and Atmospheric
Administration and members of the Public Health Service of the
United States Department of Health and Human Services detailed by
proper authority for duty with the Army or Navy of the United
States, + } and their spouses and dependent children { + , + } in
the same manner as Oregon residents who are residents of the
community college district and shall assess the same fees and
tuition rates.
SECTION 6. ORS 341.531 is amended to read:
341.531. (1) A student at a community college who is a member
of the military { + , a member of the commissioned corps of the
National Oceanic and Atmospheric Administration or a member of
the Public Health Service of the United States Department of
Health and Human Services detailed by proper authority for duty
with the Army or Navy of the United States + } and who is ordered
to federal or state active duty for more than 30 consecutive days
has the following rights:
(a) With regard to a course in which the student is enrolled
and for which the student has paid tuition and fees, the right
to:
Enrolled Senate Bill 1563 (SB 1563-A) Page 4
(A) Withdraw from the course, subject to the provisions of
subsection (2) of this section;
(B) Receive a grade of incomplete and, upon release from active
duty, complete the course in accordance with the community
college's practice for completion of incomplete courses; or
(C) Continue and complete the course for full credit, subject
to the provisions of subsection (3) of this section;
(b) The right to a credit described in ORS 341.532 for all
amounts paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the community
college, the right to be readmitted and reenrolled at the
community college within one year after release from active duty
without a requirement of redetermination of admission
eligibility; and
(d) The right to continuation of scholarships and grants
awarded to the student that were funded by the community college
or the Oregon Student Access Commission before the student was
ordered to active duty.
(2) If the student elects to withdraw from a course under
subsection (1)(a)(A) of this section, the community college may
not:
(a) Give the student academic credit for the course from which
the student withdraws;
(b) Give the student a failing grade or a grade of incomplete
or make any other negative annotation on the student's record; or
(c) Alter the student's grade point average due to the
student's withdrawal from the course.
(3) A student who elects to continue and complete a course for
full credit under subsection (1)(a)(C) of this section is subject
to the following conditions:
(a) Course sessions the student misses due to active duty shall
be counted as excused absences and may not adversely impact the
student's grade for the course or rank in the student's class.
(b) The student may not be automatically excused from
completing course assignments due during the period the student
serves on active duty.
(c) A letter grade or a grade of pass may be awarded only if,
in the opinion of the teacher of the course, the student
completes sufficient work and demonstrates sufficient progress
toward meeting course requirements to justify the grade.
(4) Boards of education of community college districts shall
adopt rules for the administration of this section.
(5) As used in this section, 'member of the military' means a
person who is a member of:
(a) The Oregon National Guard or the National Guard of any
other state or territory; or
(b) The reserves of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States.
SECTION 7. ORS 351.642 is amended to read:
351.642. (1) As used in this section:
(a) 'Active member of the Armed Forces of the United States'
includes officers and enlisted personnel of the Armed Forces of
the United States who:
(A) Reside in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Reside in this state while serving as members of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
Enrolled Senate Bill 1563 (SB 1563-A) Page 5
(C) Reside in another state or a foreign country and establish
Oregon residency by filing Oregon state income taxes no later
than 12 months before leaving active duty.
(b) 'Armed Forces of the United States' includes:
(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of
the United States;
(B) Reserve components of the Army, Navy, Air Force, Marine
Corps and Coast Guard of the United States; and
(C) The National Guard of the United States and the Oregon
National Guard.
(c) 'Dependent children' includes any children of an active
member of the Armed Forces of the United States { + , of an
active member of the commissioned corps of the National Oceanic
and Atmospheric Administration or of a member of the Public
Health Service of the United States Department of Health and
Human Services detailed by proper authority for duty with the
Army or Navy of the United States, + } who:
(A) Are under 18 years of age and not married, otherwise
emancipated or self-supporting; or
(B) Are under 23 years of age, unmarried, enrolled in a
full-time course of study in an institution of higher learning
and dependent on the member for over one-half of their support.
(2) Active members of the Armed Forces of the United
States { + , active members of the commissioned corps of the
National Oceanic and Atmospheric Administration and members of
the Public Health Service of the United States Department of
Health and Human Services detailed by proper authority for duty
with the Army or Navy of the United States, + }and their spouses
and dependent children { - shall be - } { + , are + }
considered residents of this state for the purpose of admission
and for the purpose of determining fees and tuition to be paid by
such individuals while attending any public university that is
under the control of the State Board of Higher Education.
(3) The State Board of Higher Education may contract with the
Armed Forces of the United States to furnish educational service
in the public universities to active members of the Armed Forces
of the United States.
(4) The State Board of Higher Education shall determine the
number of such students that should be accepted and shall make
final decisions on admission of individual applicants.
(5) Students attending the public universities under contracts
with the Armed Forces of the United States under this section
shall pay fees and tuition customarily charged Oregon students.
(6) Payments made by the Armed Forces of the United States
under such contracts shall be deposited in a designated account
in the Oregon University System Fund established by ORS 351.506
in the same manner that fees and tuition payments for resident
students are deposited and credited.
SECTION 8. ORS 351.643 is amended to read:
351.643. (1) A student at a public university listed in ORS
352.002 who is a member of the military { + , a member of the
commissioned corps of the National Oceanic and Atmospheric
Administration or a member of the Public Health Service of the
United States Department of Health and Human Services detailed by
proper authority for duty with the Army or Navy of the United
States + } and who is ordered to federal or state active duty for
more than 30 consecutive days has the following rights:
(a) With regard to a course in which the student is enrolled
and for which the student has paid tuition and fees, the right
to:
Enrolled Senate Bill 1563 (SB 1563-A) Page 6
(A) Withdraw from the course, subject to the provisions of
subsection (2) of this section;
(B) Receive a grade of incomplete and, upon release from active
duty, complete the course in accordance with the practice of the
public university for completion of incomplete courses; or
(C) Continue and complete the course for full credit, subject
to the provisions of subsection (3) of this section;
(b) The right to a credit described in ORS 351.644 for all
amounts paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the public
university, the right to be readmitted and reenrolled at the
public university within one year after release from active duty
without a requirement of redetermination of admission
eligibility; and
(d) The right to continuation of scholarships and grants
awarded to the student that were funded by the public university
or the Oregon Student Access Commission before the student was
ordered to active duty.
(2) If the student elects to withdraw from a course under
subsection (1)(a)(A) of this section, the public university may
not:
(a) Give the student academic credit for the course from which
the student withdraws;
(b) Give the student a failing grade or a grade of incomplete
or make any other negative annotation on the student's record; or
(c) Alter the student's grade point average due to the
student's withdrawal from the course.
(3) A student who elects to continue and complete a course for
full credit under subsection (1)(a)(C) of this section is subject
to the following conditions:
(a) Course sessions the student misses due to active duty shall
be counted as excused absences and may not adversely impact the
student's grade for the course or rank in the student's class.
(b) The student may not be automatically excused from
completing course assignments due during the period the student
serves on active duty.
(c) A letter grade or a grade of pass may be awarded only if,
in the opinion of the teacher of the course, the student
completes sufficient work and demonstrates sufficient progress
toward meeting course requirements to justify the grade.
(4) The State Board of Higher Education shall adopt rules for
the administration of this section.
(5) As used in this section, 'member of the military' means a
person who is a member of:
(a) The Oregon National Guard or the National Guard of any
other state or territory; or
(b) The reserves of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States.
SECTION 9. ORS 353.200 is amended to read:
353.200. (1) A student at the Oregon Health and Science
University who is a member of the military { + , a member of the
commissioned corps of the National Oceanic and Atmospheric
Administration or a member of the Public Health Service of the
United States Department of Health and Human Services detailed by
proper authority for duty with the Army or Navy of the United
States + } and who is ordered to federal or state active duty for
more than 30 consecutive days has the following rights:
(a) With regard to a course in which the student is enrolled
and for which the student has paid tuition and fees, the right
to:
Enrolled Senate Bill 1563 (SB 1563-A) Page 7
(A) Withdraw from the course, subject to the provisions of
subsection (2) of this section;
(B) Receive a grade of incomplete and, upon release from active
duty, complete the course in accordance with the practice of the
university for completion of incomplete courses; or
(C) Continue and complete the course for full credit, subject
to the provisions of subsection (3) of this section;
(b) The right to a credit described in ORS 353.202 for all
amounts paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the university, the
right to be readmitted and reenrolled at the university within
one year after release from active duty without a requirement of
redetermination of admission eligibility; and
(d) The right to continuation of scholarships and grants
awarded to the student that were funded by the university or the
Oregon Student Access Commission before the student was ordered
to active duty.
(2) If the student elects to withdraw from a course under
subsection (1)(a)(A) of this section, the university may not:
(a) Give the student academic credit for the course from which
the student withdraws;
(b) Give the student a failing grade or a grade of incomplete
or make any other negative annotation on the student's record; or
(c) Alter the student's grade point average due to the
student's withdrawal from the course.
(3) A student who elects to continue and complete a course for
full credit under subsection (1)(a)(C) of this section is subject
to the following conditions:
(a) Course sessions the student misses due to active duty shall
be counted as excused absences and may not adversely impact the
student's grade for the course or rank in the student's class.
(b) The student may not be automatically excused from
completing course assignments due during the period the student
serves on active duty.
(c) A letter grade or a grade of pass may be awarded only if,
in the opinion of the teacher of the course, the student
completes sufficient work and demonstrates sufficient progress
toward meeting course requirements to justify the grade.
(4) The Oregon Health and Science University Board of Directors
shall adopt rules for the administration of this section.
(5) As used in this section, 'member of the military' means a
person who is a member of:
(a) The Oregon National Guard or the National Guard of any
other state or territory; or
(b) The reserves of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States.
SECTION 10. ORS 497.006 is amended to read:
497.006. (1) As used in this section:
{ - (a) 'Active member of the Armed Forces of the United
States' means officers and enlisted personnel of the Armed Forces
of the United States who: - }
{ - (A) Reside in this state while assigned to duty at any
base, station, shore establishment or other facility in this
state; - }
{ - (B) Reside in this state while serving as members of the
crew of a ship that has an Oregon port or shore establishment as
its home port or permanent station; or - }
{ - (C) Reside in another state or a foreign country and
establish Oregon residency by filing Oregon state income taxes no
later than 12 months before leaving active duty. - }
Enrolled Senate Bill 1563 (SB 1563-A) Page 8
{ - (b) 'Armed Forces of the United States' means: - }
{ - (A) The Army, Navy, Air Force, Marine Corps and Coast
Guard of the United States; - }
{ - (B) The reserves of the Army, Navy, Air Force, Marine
Corps and Coast Guard of the United States; and - }
{ - (C) The Oregon National Guard and the National Guard of
any other state or territory. - }
{ - (c) - } { + (a) + } 'Dependent children' includes any
children of an active member of the Armed Forces of the United
States who:
(A) Are under 18 years of age and not married, otherwise
emancipated or self-supporting; or
(B) Are under 23 years of age, unmarried, enrolled in a
full-time course of study in an institution of higher learning
and dependent on the { + resident + } member { + of the
uniformed services + } for over one-half of their support.
{ + (b) 'Resident member of the uniformed services' means a
member of the uniformed services who:
(A) Resides in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Resides in this state while serving as a member of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Resides in another state or a foreign country and
establishes Oregon residency by filing Oregon state income taxes
no later than 12 months before leaving active duty.
(c) 'Uniformed services' means:
(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of
the United States;
(B) The reserves of the Army, Navy, Air Force, Marine Corps and
Coast Guard of the United States;
(C) The Oregon National Guard and the National Guard of any
other state or territory;
(D) The commissioned corps of the National Oceanic and
Atmospheric Administration; and
(E) The Public Health Service of the United States Department
of Health and Human Services while detailed by proper authority
for duty with the Army or Navy of the United States. + }
(2) The following persons { - shall be considered - }
{ + are + } resident persons for the purpose of purchasing
licenses, tags and permits issued by the State Fish and Wildlife
Commission:
{ - (a) Active members of the Armed Forces of the United
States who furnish to the commission evidence satisfactory to the
commission that the person is permanently assigned to active duty
in this state and the spouses and dependent children of such
members. - }
{ - (b) - } { + (a) + } { - Any active member of the
Armed Forces of the United States who furnishes to the commission
evidence satisfactory to the commission that the person is a
member of the Armed Forces of the United States - } { + A
resident member of the uniformed services + } and the
{ + member's + } spouse and dependent children
{ - of such member - } .
{ - (c) - } { + (b) + } { - Aliens who furnish - }
{ + An alien who furnishes + } to the commission evidence
satisfactory to the commission that the
{ - person - } { + alien + } is attending a school in this
state pursuant to a foreign student exchange program.
SECTION 11. ORS 396.370 is amended to read:
Enrolled Senate Bill 1563 (SB 1563-A) Page 9
396.370. (1) As used in this section, { - ' active member of
the Armed Forces of the United States' and - } 'Armed Forces of
the United States' { - have the meanings given those terms in
ORS 497.006. - } { + means:
(a) The Army, Navy, Air Force, Marine Corps and Coast Guard of
the United States;
(b) The reserves of the Army, Navy, Air Force, Marine Corps and
Coast Guard of the United States; and
(c) The Oregon National Guard and the National Guard of any
other state or territory. + }
(2) A person may apply to the Oregon Military Department for
reimbursement for the cost of a resident annual hunting license
to hunt wildlife issued to the person under ORS 497.102 and a
resident annual angling license issued to the person under ORS
497.121 if the person:
(a) Is an { - active member of the Armed Forces of the United
States - } { + officer or enlisted person in the Armed Forces
of the United States who:
(A) Resides in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Resides in this state while serving as a member of the crew
of a ship that has an Oregon port or shore establishment as its
home port or permanent station; or
(C) Resides in another state or a foreign country and
establishes Oregon residency by filing Oregon state income taxes
no later than 12 months before leaving active duty + }; or
(b) Has retired from the Armed Forces of the United States
within 12 months of the date of making the application for a
license.
(3) The department shall reimburse a person described in
subsection (2) of this section for the cost of a resident annual
hunting license to hunt wildlife and a resident annual angling
license upon receipt of the person's application.
(4) The department shall adopt regulations implementing
subsection (3) of this section.
SECTION 12. { + (1) As used in this section:
(a) 'Child' means a child, adopted child or stepchild of a
service member.
(b) 'Community college' has the meaning given that term in ORS
341.005.
(c) 'Qualified student' means a child, a spouse or an
unremarried surviving spouse of a service member.
(d) 'Service member' means a person who:
(A) As a member of the Armed Forces of the United States, died
on active duty; or
(B) Was a member of the Armed Forces of the United States, was
100 percent disabled as the result of a military service
connected disability and died as the result of that disability.
(2) Subject to subsections (3) to (7) of this section, a
community college shall waive tuition for a qualified student for
courses that may lead to a certificate from a community college
or to an associate degree.
(3)(a) The maximum waiver granted under this section is the
total number of credit hours that equals two years of full-time
attendance at a community college.
(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 certificate from a community
college or an associate degree.
Enrolled Senate Bill 1563 (SB 1563-A) Page 10
(4) A waiver may be granted under this section only for credit
hours for courses that are offered by a community college and are
available for enrollment, regardless of whether the qualified
student attends the course and pays tuition.
(5) Except as provided in subsection (7) of this section, 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 a community college; and
(b) Has been admitted to a community college for a program
leading to a certificate from a community college or an associate
degree.
(6) 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 the
waiver.
(7) A qualified student is not eligible to receive a waiver
under this section for any school year in which the student
received a Marine Gunnery Sergeant John David Fry Scholarship
under section 1002 of the Supplemental Appropriations Act of 2009
(P.L. 111-32). + }
SECTION 13. { + Section 12 of this 2012 Act and the amendments
to ORS 341.529, 341.531, 351.642, 351.643 and 353.200 by sections
5 to 9 of this 2012 Act first apply to the 2012-2013 school
year. + }
SECTION 14. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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Passed by Senate February 17, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 27, 2012
Repassed by House March 1, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1563 (SB 1563-A) Page 11
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1563 (SB 1563-A) Page 12
