1|ENGROSSED HOUSE AMENDMENT |
| TO |
2|ENGROSSED SENATE BILL NO. 654 By: Rosino of the Senate |
| |
3| and |
| |
4| Burns of the House |
| |
5| |
| |
6| An Act relating to postsecondary education; creating |
| the Captain Steven L. Farley Goldstar Families Act; |
7| providing short title; providing certain tuition |
| waivers for surviving spouses and children of certain |
8| military members killed after certain date; providing |
| eligibility; providing retention eligibility; |
9| directing certain federal benefits to be exhausted |
| prior to waiving of certain tuition; providing for |
10| promulgation of rules; providing for codification; |
| providing an effective date; and declaring an |
11| emergency. |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16|AUTHOR: Add the following House coauthor: Menz |
| |
17|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
| and insert: |
18| |
| |
19| |
| |
20| "[ postsecondary education - Captain Steven L. Farley |
| |
21| Gold Star Families Act - tuition waivers for |
| |
22| surviving spouses and children of military members |
| |
23| - retention eligibility - federal benefits |
| |
24| eligibility for members in technology center school |
| |
Page 1
___________________________________________________________________________
1| certificate programs requirements Oklahoma |
| |
2| National Guard Educational Certificate Program |
| |
3| Assistance Revolving Fund source of funds |
| |
4| reporting requirements promulgation of rules |
| |
5| codification effective date |
| |
6| |
| |
7| emergency ] |
| |
8| |
| |
9|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
10| SECTION 1. NEW LAW A new section of law to be codified |
| |
11|in the Oklahoma Statutes as Section 3234 of Title 70, unless there |
| |
12|is created a duplication in numbering, reads as follows: |
| |
13| A. This act shall be known and may be cited as the "Captain |
| |
14|Steven L. Farley Gold Star Families Act". |
| |
15| B. The surviving spouse and children of a member of any branch |
| |
16|of the United States Armed Forces who was killed in action or killed |
| |
17|in the performance of his or her duty after September 11, 2001, |
| |
18|shall be eligible for a waiver of: |
| |
19| 1. Undergraduate resident tuition, mandatory fees, and academic |
| |
20|service fees at institutions within The Oklahoma State System of |
| |
21|Higher Education. A student shall be eligible for a tuition and |
| |
22|fees waiver for up to five (5) years or completion of the |
| |
23|requirements for a baccalaureate degree, whichever comes first; or |
| |
24| |
| |
Page 2
___________________________________________________________________________
1| 2. Resident tuition and mandatory fees for a postsecondary |
| |
2|program at a technology center school operating under the State |
| |
3|Board of Career and Technology Education. Students shall be |
| |
4|eligible for a tuition and fees waiver for up to five (5) years or |
| |
5|completion of a certificate, whichever comes first. |
| |
6| C. To be eligible for a tuition and fees waiver, a student |
| |
7|shall: |
| |
8| 1. Be a resident of this state; and |
| |
9| 2. Have secured admission to and enrolled in an institution |
| |
10|within The Oklahoma State System of Higher Education or a |
| |
11|postsecondary program at a technology center school operating under |
| |
12|the State Board of Career and Technology Education. |
| |
13| D. To retain eligibility for a tuition and fees waiver, the |
| |
14|student shall maintain good academic standing and satisfactory |
| |
15|progress according to standards of the Oklahoma State Regents for |
| |
16|Higher Education or the State Board of Career and Technology |
| |
17|Education. |
| |
18| E. A student seeking a tuition and fees waiver pursuant to this |
| |
19|section who is eligible for federal education benefits shall exhaust |
| |
20|all available federal benefits. Any amount of tuition and fees owed |
| |
21|after federal benefits are exhausted shall be waived by the |
| |
22|institution of higher education or the technology center school. |
| |
23| |
| |
24| |
| |
Page 3
___________________________________________________________________________
1| F. The Oklahoma State Regents for Higher Education and the |
| |
2|State Board of Career and Technology Education shall promulgate |
| |
3|rules to implement the provisions of this section. |
| |
4| SECTION 2. AMENDATORY Section 1, Chapter 24, O.S.L. 2022 |
| |
5|(70 O.S. Supp. 2022, Section 3231), is amended to read as follows: |
| |
6| Section 3231. A. This act shall be known and may be cited as |
| |
7|the "Oklahoma National Guard Educational Assistance Act". |
| |
8| B. As used in this act: |
| |
9| 1. "Oklahoma educational institution" means an institution of |
| |
10|higher education within The Oklahoma State System of Higher |
| |
11|Education or a technology center school operating under the State |
| |
12|Board of Career and Technology Education; |
| |
13| 2. "Eligible Guard member" means a current member of the |
| |
14|Oklahoma National Guard in good standing who has a high school |
| |
15|diploma or who has completed General Educational Development (GED) |
| |
16|requirements and who has secured admission to and enrolled in an |
| |
17|Oklahoma educational institution; |
| |
18| 3. "Certificate program" means a program offered by an Oklahoma |
| |
19|educational institution that leads to the award of a postsecondary |
| |
20|certificate; |
| |
21| 4. "Graduate program" means a program offered by an Oklahoma |
| |
22|educational institution that leads to the award of a master's |
| |
23|degree; |
| |
24| |
| |
Page 4
___________________________________________________________________________
1| 4. 5. "Program" means the Oklahoma National Guard Educational |
| |
2|Assistance Program established pursuant to the provisions of this |
| |
3|section; and |
| |
4| 5. 6. "Undergraduate program" means a program offered by an |
| |
5|Oklahoma educational institution that leads to the award of an |
| |
6|associate's degree or a baccalaureate degree. |
| |
7| C. There is hereby created the Oklahoma National Guard |
| |
8|Educational Assistance Program to provide assistance to eligible |
| |
9|Guard members who enroll in an Oklahoma educational institution. |
| |
10|Subject to the availability of funds, the amount of assistance shall |
| |
11|be equivalent to the amount of resident tuition, mandatory fees, and |
| |
12|academic service fees for courses in which the eligible Guard member |
| |
13|is enrolled, not to exceed a maximum of eighteen (18) credit hours |
| |
14|each semester. |
| |
15| 1. The amount of assistance provided to an eligible Guard |
| |
16|member enrolled in an undergraduate program shall not exceed a |
| |
17|maximum of one hundred twenty (120) credit hours in pursuit of an |
| |
18|associate's degree and/or a baccalaureate degree. |
| |
19| 2. Subject to the assistance for eligible Guard members |
| |
20|enrolled in undergraduate programs being fully funded, assistance |
| |
21|shall be provided to an eligible Guard member with a baccalaureate |
| |
22|degree enrolled in a graduate program. The amount of assistance |
| |
23|provided to an eligible Guard member enrolled in a graduate program |
| |
24| |
| |
Page 5
___________________________________________________________________________
1|shall not exceed a maximum of forty (40) credit hours in pursuit of |
| |
2|a master's degree. |
| |
3| 3. Assistance provided pursuant to this section shall be |
| |
4|granted without any limitation other than the amount of funds |
| |
5|available for the Program and the number of eligible Guard members |
| |
6|who apply. |
| |
7| 4. Assistance allowed by this section shall not be allowed for |
| |
8|courses taken in excess of the requirements for completion of a |
| |
9|certificate program, an undergraduate program, or a graduate |
| |
10|program, whichever is applicable for the eligible Guard member. |
| |
11| D. Assistance provided pursuant to this section shall be |
| |
12|allocated to the Oklahoma educational institution from the Oklahoma |
| |
13|National Guard Educational Assistance Revolving Fund created |
| |
14|pursuant to Section 2 3232 of this act title and the Oklahoma |
| |
15|National Guard Educational Certificate Program Assistance Revolving |
| |
16|Fund created pursuant to Section 3 of this act. |
| |
17| E. To be eligible to apply for the Program, an eligible Guard |
| |
18|member shall: |
| |
19| 1. Have at least one (1) year remaining on his or her |
| |
20|enlistment contract at the beginning of any semester for which the |
| |
21|member applies for assistance pursuant to this section; |
| |
22| 2. Agree in writing to complete his or her current service |
| |
23|obligation in the Oklahoma National Guard; and |
| |
24| |
| |
Page 6
___________________________________________________________________________
1| 3. Agree in writing to serve actively in good standing with the |
| |
2|Oklahoma National Guard for not less than twenty-four (24) months |
| |
3|after completion of the last semester for which the member receives |
| |
4|assistance pursuant to this section. |
| |
5| F. To retain eligibility for the Program, an eligible Guard |
| |
6|member shall: |
| |
7| 1. Maintain good academic standing and satisfactory academic |
| |
8|progress according to standards of the Oklahoma educational |
| |
9|institution in which the member is enrolled; |
| |
10| 2. Maintain the requirements for retention and certificate or |
| |
11|degree completion as established by the Oklahoma educational |
| |
12|institution in which the member is enrolled; |
| |
13| 3. Maintain a minimum grade point average of 2.0 on a 4.0 |
| |
14|scale; and |
| |
15| 4. Maintain satisfactory participation in the Oklahoma National |
| |
16|Guard. |
| |
17| G. An eligible Guard member seeking assistance pursuant to the |
| |
18|provisions of this section shall submit an application on a form |
| |
19|prescribed by the Military Department of the State of Oklahoma to |
| |
20|the Educational Service Office of the Military Department prior to |
| |
21|the semester for which assistance is sought. The eligible Guard |
| |
22|member's Commander or his or her designee shall confirm a member's |
| |
23|standing and eligibility to the Oklahoma educational institution in |
| |
24|which the student is enrolled. |
| |
Page 7
___________________________________________________________________________
1| H. The eligible Guard member's Commander may deny an |
| |
2|application submitted by an eligible Guard member for continued |
| |
3|Program assistance if he or she fails to comply with the provisions |
| |
4|of paragraph 1, 2, or 3 of subsection F of this section. |
| |
5| I. An eligible Guard member who has received Program assistance |
| |
6|pursuant to the provisions of this section and who fails to comply |
| |
7|with the provisions of paragraph 4 of subsection F of this section |
| |
8|shall be required to repay an amount to be calculated as follows: |
| |
9| 1. Determine the total amount of assistance provided pursuant |
| |
10|to the provisions of this section; |
| |
11| 2. Divide the amount determined in paragraph 1 of this |
| |
12|subsection by twenty-four (24); and |
| |
13| 3. Multiply the amount determined in paragraph 2 of this |
| |
14|subsection by the number of months the member did not fulfill the |
| |
15|requirements of paragraph 4 of subsection F of this section. |
| |
16|Repayments shall be deposited into the Oklahoma National Guard |
| |
17|Educational Assistance Revolving Fund created pursuant to Section 2 |
| |
18|3232 of this act title and the Oklahoma National Guard Educational |
| |
19|Certificate Program Assistance Revolving Fund created pursuant to |
| |
20|Section 3 of this act. |
| |
21| J. An eligible Guard member who has received Program assistance |
| |
22|pursuant to the provisions of this section and who fails to comply |
| |
23|with the provisions of paragraph 4 of subsection F of this section |
| |
24|due to hardship circumstances may request a waiver from repayment. |
| |
Page 8
___________________________________________________________________________
1|A waiver request shall be submitted in writing to the Adjutant |
| |
2|General. |
| |
3| K. By July 1 annually, the Oklahoma State Regents for Higher |
| |
4|Education and the State Board of Career and Technology Education |
| |
5|shall notify the Adjutant General of the amount of funding available |
| |
6|in the Oklahoma National Guard Educational Assistance Revolving Fund |
| |
7|created pursuant to Section 2 3232 of this act title and the |
| |
8|Oklahoma National Guard Educational Certificate Program Assistance |
| |
9|Revolving Fund created pursuant to Section 3 of this act. |
| |
10| L. The Oklahoma State Regents for Higher Education and the |
| |
11|State Board of Career and Technology Education shall promulgate |
| |
12|rules to implement the provisions of this act including deadlines |
| |
13|for submission of applications required by subsection G of this |
| |
14|section. The Adjutant General may promulgate regulations to |
| |
15|implement the provisions of this act. |
| |
16| SECTION 3. NEW LAW A new section of law to be codified |
| |
17|in the Oklahoma Statutes as Section 3232.1 of Title 70, unless there |
| |
18|is created a duplication in numbering, reads as follows: |
| |
19| There is hereby created in the State Treasury a revolving fund |
| |
20|for the State Board of Career and Technology Education to be |
| |
21|designated the "Oklahoma National Guard Educational Certificate |
| |
22|Program Assistance Revolving Fund". The fund shall be a continuing |
| |
23|fund, not subject to fiscal year limitations, and shall consist of |
| |
24|all monies received by the State Board of Career and Technology |
| |
Page 9
___________________________________________________________________________
1|Education from state appropriations. All monies accruing to the |
| |
2|credit of the fund are hereby appropriated and may be budgeted and |
| |
3|expended by the State Board of Career and Technology Education for |
| |
4|the purpose of providing assistance to eligible Oklahoma National |
| |
5|Guard members pursuant to the provisions of Section 3231 of Title 70 |
| |
6|of the Oklahoma Statutes. Expenditures from the fund shall be made |
| |
7|upon warrants issued by the State Treasurer against claims filed as |
| |
8|prescribed by law with the Director of the Office of Management and |
| |
9|Enterprise Services for approval and payment. |
| |
10| SECTION 4. This act shall become effective July 1, 2023. |
| |
11| SECTION 5. It being immediately necessary for the preservation |
| |
12|of the public peace, health, or safety, an emergency is hereby |
| |
13|declared to exist, by reason whereof this act shall take effect and |
| |
14|be in full force from and after its passage and approval." |
| |
15| Passed the House of Representatives the 27th day of April, 2023. |
| |
16| |
| |
17| |
| |
18| Presiding Officer of the House of |
| Representatives |
19| |
| |
20| Passed the Senate the ____ day of __________, 2023. |
| |
21| |
| |
22| |
| |
23| Presiding Officer of the Senate |
| |
24| |
| |
Page 10
