1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|CONFERENCE COMMITTEE SUBSTITUTE | |FOR ENGROSSED | 4|SENATE BILL 654 By: Rosino of the Senate | | | 5| and | | | 6| Burns and Menz of the House | | | 7| | | | 8| | | | 9| | | | 10| | | CONFERENCE COMMITTEE SUBSTITUTE | 11| | | 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. | 18| | | | 19| | | | 20| | | | 21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 22| SECTION 1. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 3234 of Title 70, unless there | | | 24|is created a duplication in numbering, reads as follows: | | | Req. No. 2222 Page 1 ___________________________________________________________________________
1| A. This act shall be known and may be cited as the "Captain | | | 2|Steven L. Farley Gold Star Families Act". | | | 3| B. The surviving spouse and children of a member of any branch | | | 4|of the United States Armed Forces who was killed in action or killed | | | 5|in the performance of his or her duty after September 11, 2001, | | | 6|shall be eligible for a waiver of: | | | 7| 1. Undergraduate resident tuition, mandatory fees, and academic | | | 8|service fees at institutions within The Oklahoma State System of | | | 9|Higher Education. A student shall be eligible for a tuition and | | | 10|fees waiver for up to five (5) years or completion of the | | | 11|requirements for a baccalaureate degree, whichever comes first; or | | | 12| 2. Resident tuition and mandatory fees for a postsecondary | | | 13|program at a technology center school operating under the State | | | 14|Board of Career and Technology Education. Students shall be | | | 15|eligible for a tuition and fees waiver for up to five (5) years or | | | 16|completion of a certificate, whichever comes first. | | | 17| C. To be eligible for a tuition and fees waiver, a student | | | 18|shall: | | | 19| 1. Be a resident of this state; and | | | 20| 2. Have secured admission to and enrolled in an institution | | | 21|within The Oklahoma State System of Higher Education or a | | | 22|postsecondary program at a technology center school operating under | | | 23|the State Board of Career and Technology Education. | | | 24| | | | Req. No. 2222 Page 2 ___________________________________________________________________________
1| D. To retain eligibility for a tuition and fees waiver, the | | | 2|student shall maintain good academic standing and satisfactory | | | 3|progress according to standards of the Oklahoma State Regents for | | | 4|Higher Education or the State Board of Career and Technology | | | 5|Education. | | | 6| E. A student seeking a tuition and fees waiver pursuant to this | | | 7|section who is eligible for federal education benefits shall exhaust | | | 8|all available federal benefits. Any amount of tuition and fees owed | | | 9|after federal benefits are exhausted shall be waived by the | | | 10|institution of higher education or the technology center school. | | | 11| F. The Oklahoma State Regents for Higher Education and the | | | 12|State Board of Career and Technology Education shall promulgate | | | 13|rules to implement the provisions of this section. | | | 14| SECTION 2. AMENDATORY Section 1, Chapter 24, O.S.L. 2022 | | | 15|(70 O.S. Supp. 2022, Section 3231), is amended to read as follows: | | | 16| Section 3231. A. This act shall be known and may be cited as | | | 17|the "Oklahoma National Guard Educational Assistance Act". | | | 18| B. As used in this act: | | | 19| 1. "Oklahoma educational institution" means an institution of | | | 20|higher education within The Oklahoma State System of Higher | | | 21|Education or a technology center school operating under the State | | | 22|Board of Career and Technology Education; | | | 23| 2. "Eligible Guard member" means a current member of the | | | 24|Oklahoma National Guard in good standing who has a high school | | | Req. No. 2222 Page 3 ___________________________________________________________________________
1|diploma or who has completed General Educational Development (GED) | | | 2|requirements and who has secured admission to and enrolled in an | | | 3|Oklahoma educational institution; | | | 4| 3. "Certificate program" means a program offered by an Oklahoma | | | 5|educational institution that leads to the award of a postsecondary | | | 6|certificate; | | | 7| 4. "Graduate program" means a program offered by an Oklahoma | | | 8|educational institution that leads to the award of a master's | | | 9|degree; | | | 10|4.5. "Program" means the Oklahoma National Guard Educational | | | 11|Assistance Program established pursuant to the provisions of this | | | 12|section; and | | | 13|5.6. "Undergraduate program" means a program offered by an | | | 14|Oklahoma educational institution that leads to the award of an | | | 15|associate's degree or a baccalaureate degree. | | | 16| C. There is hereby created the Oklahoma National Guard | | | 17|Educational Assistance Program to provide assistance to eligible | | | 18|Guard members who enroll in an Oklahoma educational institution. | | | 19|Subject to the availability of funds, the amount of assistance shall | | | 20|be equivalent to the amount of resident tuition, mandatory fees, and | | | 21|academic service fees for courses in which the eligible Guard member | | | 22|is enrolled, not to exceed a maximum of eighteen (18) credit hours | | | 23|each semester. | | | 24| | | | Req. No. 2222 Page 4 ___________________________________________________________________________
1| 1. The amount of assistance provided to an eligible Guard | | | 2|member enrolled in an undergraduate program shall not exceed a | | | 3|maximum of one hundred twenty (120) credit hours in pursuit of an | | | 4|associate's degree and/or a baccalaureate degree. | | | 5| 2. Subject to the assistance for eligible Guard members | | | 6|enrolled in undergraduate programs being fully funded, assistance | | | 7|shall be provided to an eligible Guard member with a baccalaureate | | | 8|degree enrolled in a graduate program. The amount of assistance | | | 9|provided to an eligible Guard member enrolled in a graduate program | | | 10|shall not exceed a maximum of forty (40) credit hours in pursuit of | | | 11|a master's degree. | | | 12| 3. Assistance provided pursuant to this section shall be | | | 13|granted without any limitation other than the amount of funds | | | 14|available for the Program and the number of eligible Guard members | | | 15|who apply. | | | 16| 4. Assistance allowed by this section shall not be allowed for | | | 17|courses taken in excess of the requirements for completion of a | | | 18|certificate program, an undergraduate program, or a graduate | | | 19|program, whichever is applicable for the eligible Guard member. | | | 20| D. Assistance provided pursuant to this section shall be | | | 21|allocated to the Oklahoma educational institution from the Oklahoma | | | 22|National Guard Educational Assistance Revolving Fund created | | | 23|pursuant to Section23232 of thisacttitle and the Oklahoma | | | 24| | | | Req. No. 2222 Page 5 ___________________________________________________________________________
1|National Guard Educational Certificate Program Assistance Revolving | | | 2|Fund created pursuant to Section 3 of this act. | | | 3| E. To be eligible to apply for the Program, an eligible Guard | | | 4|member shall: | | | 5| 1. Have at least one (1) year remaining on his or her | | | 6|enlistment contract at the beginning of any semester for which the | | | 7|member applies for assistance pursuant to this section; | | | 8| 2. Agree in writing to complete his or her current service | | | 9|obligation in the Oklahoma National Guard; and | | | 10| 3. Agree in writing to serve actively in good standing with the | | | 11|Oklahoma National Guard for not less than twenty-four (24) months | | | 12|after completion of the last semester for which the member receives | | | 13|assistance pursuant to this section. | | | 14| F. To retain eligibility for the Program, an eligible Guard | | | 15|member shall: | | | 16| 1. Maintain good academic standing and satisfactory academic | | | 17|progress according to standards of the Oklahoma educational | | | 18|institution in which the member is enrolled; | | | 19| 2. Maintain the requirements for retention and certificate or | | | 20|degree completion as established by the Oklahoma educational | | | 21|institution in which the member is enrolled; | | | 22| 3. Maintain a minimum grade point average of 2.0 on a 4.0 | | | 23|scale; and | | | 24| | | | Req. No. 2222 Page 6 ___________________________________________________________________________
1| 4. Maintain satisfactory participation in the Oklahoma National | | | 2|Guard. | | | 3| G. An eligible Guard member seeking assistance pursuant to the | | | 4|provisions of this section shall submit an application on a form | | | 5|prescribed by the Military Department of the State of Oklahoma to | | | 6|the Educational Service Office of the Military Department prior to | | | 7|the semester for which assistance is sought. The eligible Guard | | | 8|member's Commander or his or her designee shall confirm a member's | | | 9|standing and eligibility to the Oklahoma educational institution in | | | 10|which the student is enrolled. | | | 11| H. The eligible Guard member's Commander may deny an | | | 12|application submitted by an eligible Guard member for continued | | | 13|Program assistance if he or she fails to comply with the provisions | | | 14|of paragraph 1, 2, or 3 of subsection F of this section. | | | 15| I. An eligible Guard member who has received Program assistance | | | 16|pursuant to the provisions of this section and who fails to comply | | | 17|with the provisions of paragraph 4 of subsection F of this section | | | 18|shall be required to repay an amount to be calculated as follows: | | | 19| 1. Determine the total amount of assistance provided pursuant | | | 20|to the provisions of this section; | | | 21| 2. Divide the amount determined in paragraph 1 of this | | | 22|subsection by twenty-four (24); and | | | 23| 3. Multiply the amount determined in paragraph 2 of this | | | 24|subsection by the number of months the member did not fulfill the | | | Req. No. 2222 Page 7 ___________________________________________________________________________
1|requirements of paragraph 4 of subsection F of this section. | | | 2|Repayments shall be deposited into the Oklahoma National Guard | | | 3|Educational Assistance Revolving Fund created pursuant to Section2| | | 4|3232 of thisacttitle and the Oklahoma National Guard Educational | | | 5|Certificate Program Assistance Revolving Fund created pursuant to | | | 6|Section 3 of this act. | | | 7| J. An eligible Guard member who has received Program assistance | | | 8|pursuant to the provisions of this section and who fails to comply | | | 9|with the provisions of paragraph 4 of subsection F of this section | | | 10|due to hardship circumstances may request a waiver from repayment. | | | 11|A waiver request shall be submitted in writing to the Adjutant | | | 12|General. | | | 13| K. By July 1 annually, the Oklahoma State Regents for Higher | | | 14|Education and the State Board of Career and Technology Education | | | 15|shall notify the Adjutant General of the amount of funding available | | | 16|in the Oklahoma National Guard Educational Assistance Revolving Fund | | | 17|created pursuant to Section23232 of thisacttitle and the | | | 18|Oklahoma National Guard Educational Certificate Program Assistance | | | 19|Revolving Fund created pursuant to Section 3 of this act. | | | 20| L. The Oklahoma State Regents for Higher Education and the | | | 21|State Board of Career and Technology Education shall promulgate | | | 22|rules to implement the provisions ofthis actthe Oklahoma National | | | 23|Guard Educational Assistance Act including deadlines for submission | | | 24|of applications required by subsection G of this section. The | | | Req. No. 2222 Page 8 ___________________________________________________________________________
1|Adjutant General may promulgate regulations to implement the | | | 2|provisions ofthis actthe Oklahoma National Guard Educational | | | 3|Assistance Act. | | | 4| SECTION 3. NEW LAW A new section of law to be codified | | | 5|in the Oklahoma Statutes as Section 3232.1 of Title 70, unless there | | | 6|is created a duplication in numbering, reads as follows: | | | 7| There is hereby created in the State Treasury a revolving fund | | | 8|for the State Board of Career and Technology Education to be | | | 9|designated the "Oklahoma National Guard Educational Certificate | | | 10|Program Assistance Revolving Fund". The fund shall be a continuing | | | 11|fund, not subject to fiscal year limitations, and shall consist of | | | 12|all monies received by the State Board of Career and Technology | | | 13|Education from state appropriations. All monies accruing to the | | | 14|credit of the fund are hereby appropriated and may be budgeted and | | | 15|expended by the State Board of Career and Technology Education for | | | 16|the purpose of providing assistance to eligible Oklahoma National | | | 17|Guard members pursuant to the provisions of Section 3231 of Title 70 | | | 18|of the Oklahoma Statutes. Expenditures from the fund shall be made | | | 19|upon warrants issued by the State Treasurer against claims filed as | | | 20|prescribed by law with the Director of the Office of Management and | | | 21|Enterprise Services for approval and payment. | | | 22| SECTION 4. This act shall become effective July 1, 2023. | | | 23| SECTION 5. It being immediately necessary for the preservation | | | 24|of the public peace, health or safety, an emergency is hereby | | | Req. No. 2222 Page 9 ___________________________________________________________________________
1|declared to exist, by reason whereof this act shall take effect and | | | 2|be in full force from and after its passage and approval. | | | 3| | | | 4| 59-1-2222 KR 5/22/2023 3:52:32 PM | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 2222 Page 10