Bill Text For SB0654 - Conference Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|CONFERENCE COMMITTEE SUBSTITUTE                                        |
  |FOR ENGROSSED                                                          |
 4|SENATE BILL 654                      By: Rosino of the Senate          |
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 5|                                         and                           |
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 6|                                         Burns and Menz of the House   |
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  |                   CONFERENCE COMMITTEE SUBSTITUTE                     |
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  |       An Act relating to relating to postsecondary                    |
12|       education; creating the Captain Steven L. Farley                |
  |       Goldstar Families Act; providing short title;                   |
13|       providing certain tuition waivers for surviving                 |
  |       spouses and children of certain military members                |
14|       killed after certain date; providing eligibility;               |
  |       providing retention eligibility; directing certain              |
15|       federal benefits to be exhausted prior to waiving of            |
  |       certain tuition; providing for promulgation of rules;           |
16|       creating the Oklahoma National Guard Educational                |
  |       Certificate Program Assistance Revolving Fund;                  |
17|       providing for codification; providing an effective              |
  |       date; and declaring an emergency.                               |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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22|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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23|in the Oklahoma Statutes as Section 3234 of Title 70, unless there     |
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24|is created a duplication in numbering, reads as follows:               |
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   Req. No. 2222                                                   Page 1
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 1|    A.  This act shall be known and may be cited as the "Captain       |
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 2|Steven L. Farley Gold Star Families Act".                              |
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 3|    B.  The surviving spouse and children of a member of any branch    |
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 4|of the United States Armed Forces who was killed in action or killed   |
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 5|in the performance of his or her duty after September 11, 2001,        |
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 6|shall be eligible for a waiver of:                                     |
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 7|    1.  Undergraduate resident tuition, mandatory fees, and academic   |
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 8|service fees at institutions within The Oklahoma State System of       |
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 9|Higher Education.  A student shall be eligible for a tuition and       |
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10|fees waiver for up to five (5) years or completion of the              |
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11|requirements for a baccalaureate degree, whichever comes first; or     |
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12|    2.  Resident tuition and mandatory fees for a postsecondary        |
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13|program at a technology center school operating under the State        |
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14|Board of Career and Technology Education.  Students shall be           |
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15|eligible for a tuition and fees waiver for up to five (5) years or     |
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16|completion of a certificate, whichever comes first.                    |
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17|    C.  To be eligible for a tuition and fees waiver, a student        |
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18|shall:                                                                 |
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19|    1.  Be a resident of this state; and                               |
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20|    2.  Have secured admission to and enrolled in an institution       |
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21|within The Oklahoma State System of Higher Education or a              |
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22|postsecondary program at a technology center school operating under    |
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23|the State Board of Career and Technology Education.                    |
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   Req. No. 2222                                                   Page 2
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 1|    D.  To retain eligibility for a tuition and fees waiver, the       |
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 2|student shall maintain good academic standing and satisfactory         |
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 3|progress according to standards of the Oklahoma State Regents for      |
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 4|Higher Education or the State Board of Career and Technology           |
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 5|Education.                                                             |
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 6|    E.  A student seeking a tuition and fees waiver pursuant to this   |
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 7|section who is eligible for federal education benefits shall exhaust   |
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 8|all available federal benefits.  Any amount of tuition and fees owed   |
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 9|after federal benefits are exhausted shall be waived by the            |
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10|institution of higher education or the technology center school.       |
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11|    F.  The Oklahoma State Regents for Higher Education and the        |
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12|State Board of Career and Technology Education shall promulgate        |
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13|rules to implement the provisions of this section.                     |
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14|    SECTION 2.     AMENDATORY     Section 1, Chapter 24, O.S.L. 2022   |
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15|(70 O.S. Supp. 2022, Section 3231), is amended to read as follows:     |
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16|    Section 3231.  A.  This act shall be known and may be cited as     |
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17|the "Oklahoma National Guard Educational Assistance Act".              |
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18|    B.  As used in this act:                                           |
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19|    1.  "Oklahoma educational institution" means an institution of     |
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20|higher education within The Oklahoma State System of Higher            |
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21|Education or a technology center school operating under the State      |
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22|Board of Career and Technology Education;                              |
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23|    2.  "Eligible Guard member" means a current member of the          |
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24|Oklahoma National Guard in good standing who has a high school         |
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   Req. No. 2222                                                   Page 3
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 1|diploma or who has completed General Educational Development (GED)     |
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 2|requirements and who has secured admission to and enrolled in an       |
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 3|Oklahoma educational institution;                                      |
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 4|    3.  "Certificate program" means a program offered by an Oklahoma   |
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 5|educational institution that leads to the award of a postsecondary     |
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 6|certificate;                                                           |
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 7|    4.  "Graduate program" means a program offered by an Oklahoma      |
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 8|educational institution that leads to the award of a master's          |
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 9|degree;                                                                |
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10|    4. 5.  "Program" means the Oklahoma National Guard Educational     |
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11|Assistance Program established pursuant to the provisions of this      |
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12|section; and                                                           |
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13|    5. 6.  "Undergraduate program" means a program offered by an       |
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14|Oklahoma educational institution that leads to the award of an         |
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15|associate's degree or a baccalaureate degree.                          |
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16|    C.  There is hereby created the Oklahoma National Guard            |
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17|Educational Assistance Program to provide assistance to eligible       |
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18|Guard members who enroll in an Oklahoma educational institution.       |
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19|Subject to the availability of funds, the amount of assistance shall   |
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20|be equivalent to the amount of resident tuition, mandatory fees, and   |
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21|academic service fees for courses in which the eligible Guard member   |
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22|is enrolled, not to exceed a maximum of eighteen (18) credit hours     |
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23|each semester.                                                         |
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   Req. No. 2222                                                   Page 4
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 1|    1.  The amount of assistance provided to an eligible Guard         |
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 2|member enrolled in an undergraduate program shall not exceed a         |
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 3|maximum of one hundred twenty (120) credit hours in pursuit of an      |
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 4|associate's degree and/or a baccalaureate degree.                      |
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 5|    2.  Subject to the assistance for eligible Guard members           |
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 6|enrolled in undergraduate programs being fully funded, assistance      |
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 7|shall be provided to an eligible Guard member with a baccalaureate     |
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 8|degree enrolled in a graduate program.  The amount of assistance       |
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 9|provided to an eligible Guard member enrolled in a graduate program    |
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10|shall not exceed a maximum of forty (40) credit hours in pursuit of    |
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11|a master's degree.                                                     |
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12|    3.  Assistance provided pursuant to this section shall be          |
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13|granted without any limitation other than the amount of funds          |
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14|available for the Program and the number of eligible Guard members     |
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15|who apply.                                                             |
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16|    4.  Assistance allowed by this section shall not be allowed for    |
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17|courses taken in excess of the requirements for completion of a        |
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18|certificate program, an undergraduate program, or a graduate           |
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19|program, whichever is applicable for the eligible Guard member.        |
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20|    D.  Assistance provided pursuant to this section shall be          |
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21|allocated to the Oklahoma educational institution from the Oklahoma    |
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22|National Guard Educational Assistance Revolving Fund created           |
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23|pursuant to Section 2 3232 of this act title and the Oklahoma          |
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   Req. No. 2222                                                   Page 5
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 1|National Guard Educational Certificate Program Assistance Revolving    |
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 2|Fund created pursuant to Section 3 of this act.                        |
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 3|    E.  To be eligible to apply for the Program, an eligible Guard     |
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 4|member shall:                                                          |
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 5|    1.  Have at least one (1) year remaining on his or her             |
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 6|enlistment contract at the beginning of any semester for which the     |
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 7|member applies for assistance pursuant to this section;                |
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 8|    2.  Agree in writing to complete his or her current service        |
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 9|obligation in the Oklahoma National Guard; and                         |
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10|    3.  Agree in writing to serve actively in good standing with the   |
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11|Oklahoma National Guard for not less than twenty-four (24) months      |
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12|after completion of the last semester for which the member receives    |
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13|assistance pursuant to this section.                                   |
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14|    F.  To retain eligibility for the Program, an eligible Guard       |
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15|member shall:                                                          |
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16|    1.  Maintain good academic standing and satisfactory academic      |
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17|progress according to standards of the Oklahoma educational            |
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18|institution in which the member is enrolled;                           |
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19|    2.  Maintain the requirements for retention and certificate or     |
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20|degree completion as established by the Oklahoma educational           |
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21|institution in which the member is enrolled;                           |
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22|    3.  Maintain a minimum grade point average of 2.0 on a 4.0         |
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23|scale; and                                                             |
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   Req. No. 2222                                                   Page 6
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 1|    4.  Maintain satisfactory participation in the Oklahoma National   |
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 2|Guard.                                                                 |
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 3|    G.  An eligible Guard member seeking assistance pursuant to the    |
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 4|provisions of this section shall submit an application on a form       |
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 5|prescribed by the Military Department of the State of Oklahoma to      |
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 6|the Educational Service Office of the Military Department prior to     |
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 7|the semester for which assistance is sought.  The eligible Guard       |
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 8|member's Commander or his or her designee shall confirm a member's     |
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 9|standing and eligibility to the Oklahoma educational institution in    |
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10|which the student is enrolled.                                         |
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11|    H.  The eligible Guard member's Commander may deny an              |
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12|application submitted by an eligible Guard member for continued        |
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13|Program assistance if he or she fails to comply with the provisions    |
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14|of paragraph 1, 2, or 3 of subsection F of this section.               |
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15|    I.  An eligible Guard member who has received Program assistance   |
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16|pursuant to the provisions of this section and who fails to comply     |
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17|with the provisions of paragraph 4 of subsection F of this section     |
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18|shall be required to repay an amount to be calculated as follows:      |
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19|    1.  Determine the total amount of assistance provided pursuant     |
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20|to the provisions of this section;                                     |
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21|    2.  Divide the amount determined in paragraph 1 of this            |
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22|subsection by twenty-four (24); and                                    |
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23|    3.  Multiply the amount determined in paragraph 2 of this          |
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24|subsection by the number of months the member did not fulfill the      |
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   Req. No. 2222                                                   Page 7
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 1|requirements of paragraph 4 of subsection F of this section.           |
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 2|Repayments shall be deposited into the Oklahoma National Guard         |
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 3|Educational Assistance Revolving Fund created pursuant to Section 2    |
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 4|3232 of this act title and the Oklahoma National Guard Educational     |
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 5|Certificate Program Assistance Revolving Fund created pursuant to      |
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 6|Section 3 of this act.                                                 |
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 7|    J.  An eligible Guard member who has received Program assistance   |
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 8|pursuant to the provisions of this section and who fails to comply     |
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 9|with the provisions of paragraph 4 of subsection F of this section     |
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10|due to hardship circumstances may request a waiver from repayment.     |
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11|A waiver request shall be submitted in writing to the Adjutant         |
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12|General.                                                               |
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13|    K.  By July 1 annually, the Oklahoma State Regents for Higher      |
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14|Education and the State Board of Career and Technology Education       |
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15|shall notify the Adjutant General of the amount of funding available   |
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16|in the Oklahoma National Guard Educational Assistance Revolving Fund   |
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17|created pursuant to Section 2 3232 of this act title and the           |
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18|Oklahoma National Guard Educational Certificate Program Assistance     |
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19|Revolving Fund created pursuant to Section 3 of this act.              |
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20|    L.  The Oklahoma State Regents for Higher Education and the        |
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21|State Board of Career and Technology Education shall promulgate        |
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22|rules to implement the provisions of this act the Oklahoma National    |
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23|Guard Educational Assistance Act including deadlines for submission    |
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24|of applications required by subsection G of this section.  The         |
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   Req. No. 2222                                                   Page 8
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 1|Adjutant General may promulgate regulations to implement the           |
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 2|provisions of this act the Oklahoma National Guard Educational         |
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 3|Assistance Act.                                                        |
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 4|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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 5|in the Oklahoma Statutes as Section 3232.1 of Title 70, unless there   |
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 6|is created a duplication in numbering, reads as follows:               |
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 7|    There is hereby created in the State Treasury a revolving fund     |
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 8|for the State Board of Career and Technology Education to be           |
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 9|designated the "Oklahoma National Guard Educational Certificate        |
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10|Program Assistance Revolving Fund".  The fund shall be a continuing    |
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11|fund, not subject to fiscal year limitations, and shall consist of     |
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12|all monies received by the State Board of Career and Technology        |
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13|Education from state appropriations.  All monies accruing to the       |
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14|credit of the fund are hereby appropriated and may be budgeted and     |
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15|expended by the State Board of Career and Technology Education for     |
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16|the purpose of providing assistance to eligible Oklahoma National      |
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17|Guard members pursuant to the provisions of Section 3231 of Title 70   |
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18|of the Oklahoma Statutes.  Expenditures from the fund shall be made    |
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19|upon warrants issued by the State Treasurer against claims filed as    |
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20|prescribed by law with the Director of the Office of Management and    |
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21|Enterprise Services for approval and payment.                          |
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22|    SECTION 4.  This act shall become effective July 1, 2023.          |
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23|    SECTION 5.  It being immediately necessary for the preservation    |
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24|of the public peace, health or safety, an emergency is hereby          |
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   Req. No. 2222                                                   Page 9
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 1|declared to exist, by reason whereof this act shall take effect and    |
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 2|be in full force from and after its passage and approval.              |
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 4|    59-1-2222      KR        5/22/2023 3:52:32 PM                      |
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