Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB1800 Enrolled / Bill

Filed 05/04/2022

                    An Act 
ENROLLED HOUSE 
BILL NO. 1800 	By: Roberts (Eric), Fugate, 
Manger and Phillips of the 
House 
 
   and 
 
  Simpson of the Senate 
 
 
 
 
 
 
An Act relating to schools; amending 70 O.S. 2021, 
Section 3247, which relates to tuition status for 
spouse and dependent children of members of Armed 
Forces; modifying time period related to enrollment; 
providing for in-state tuition based upon certain 
military service; providing for codification; an d 
providing an effective date. 
 
 
 
 
SUBJECT: Schools 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: 
 
SECTION 1.    AMENDATORY     70 O.S. 2021, Section 3247, is 
amended to read as follows: 
 
Section 3247.  A.  A student shall be eligible for in -state 
status regardless of the residency of the student if the student is 
a: 
 
1.  Dependent child or spouse of a person currently servin g as a 
member of the active uniformed services of the United States on 
full-time active duty status of more than thirty (30) days and for 
whom Oklahoma is the home of record; 
 
2.  Dependent child or spouse of a person currently serving as a 
member of the military reserve on active duty orders of more th an 
thirty (30) days and for whom Okl ahoma is the home of record; 
  ENR. H. B. NO. 1800 	Page 2 
3.  Person, or spouse or dependent child of a person, currently 
serving as a member of the uniformed services of the United States 
who is on full-time active duty for a period of more than th irty 
(30) days and is stationed or t emporarily present in Oklahoma 
through military orders; 
 
4.  Person, or spouse or dependent child of a person, who was 
discharged or released from a period of not fewer than ninety (90) 
days of active uniformed service, l ess than five (5) ten (10) years 
before the date of enrollment in the course (s) concerned and for 
whom Oklahoma is the home of record ; or 
 
5.  Person who is participating in or has received a partial or 
full scholarship from the Air Force Reserve Officers ' Training 
Corps, Army Reserve Officer s' Training Corps or the Navy/Marines 
Reserve Officers' Training Corps. 
 
B.  To be eligible for in-state status as provided for in 
subsection A of this section and to maintai n eligibility, the 
student shall: 
 
1.  Satisfy admission and retention standards as determined by 
the Oklahoma State R egents for Higher Education for an institution 
within The Oklahoma State System of Higher Education; and 
 
2.  Have secured admission to and enrolls full-time or part-time 
in a program of study at an institution within The O klahoma State 
System of Higher Education . 
 
C.  A student who files with the institution within The Oklahoma 
State System of Higher Education at which the student intends to 
register a letter of intent to establish residen ce in the state and 
who resides in the state while enrolled in the instituti on shall be 
eligible for in-state status, regardless of t he residency of the 
student or home of record, if the student: 
 
1.  Is a person who: 
 
a. was discharged or released from a pe riod of not fewer 
than ninety (90) days of active duty uniformed 
service, less than five (5) years before the date of 
enrollment in the course(s) concerned, and 
  ENR. H. B. NO. 1800 	Page 3 
b. is pursuing a course of education with educat ional 
assistance under Chapter 30 or 33 of Titl e 38 of the 
United States Code while living in this state; or 
 
2.  Is a person who: 
 
a. is entitled to assistance under Section 33 11(b)(9) or 
3319 of Title 38 of the United States Code by virtue 
of a relationship to a person who was discharged or 
released from a period of not fewer than ninety (90) 
days of active duty uniformed serv ices, and 
 
b. enrolls in the course(s) concerned wit hin five (5) 
years of the date the related person was discharged or 
released from a period of not fewer than ninety (90) 
days of active duty uniformed services. 
 
D.  To be eligible for in -state status as provided for in 
subsection C of this section and to maintain eligibility, the 
student shall: 
 
1.  Satisfy admission and retention standa rds as determined by 
the Oklahoma State Regents for Higher Education for an institu tion 
within The Oklahoma State System of Higher Education; and 
 
2.  Have secured admissio n to and enrolls full-time or part-time 
in a program of study at an institution withi n The Oklahoma State 
System of Higher Education . 
 
E.  A student who meets the eligib ility requirements for in -
state status shall maintain in-state status if the student re mains 
continuously enrolled at an institution within The Oklahoma State 
System of Higher Education after the student: 
 
1.  As described in paragraphs 1, 2 or 3 of subsect ion A of this 
section is discharged or r eleased from active duty service; 
 
2.  As described in paragraph 4 of subsection A of this section 
or paragraph 1 and 2 of subsection C of this section exceeds the 
five-year period after being discharged or released f rom active duty 
uniformed service; 
 
3.  As described in paragraph 1 of subsection C o f this section 
has exhausted education assistance provided under Chapter 30 or 33 
of Title 38 of the United States Code; or  ENR. H. B. NO. 1800 	Page 4 
 
4.  As described in paragraph 2 of subsection C of this section 
has exhausted education assistance provided under Section 3311(b)(9 ) 
or 3319 of Title 38 of the United States Code. 
 
F.  For purposes of this section, "home of record" means the 
place where one was living when the person enlisted or was 
commissioned into the military or reenlisted in the military. 
 
G.  The State Regents for Higher Education shall develop 
policies and procedures necessary to implement the provisi ons of 
this section. 
 
SECTION 2.    NEW LAW     A new section of la w to be codified 
in the Oklahoma Statute s as Section 3249 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
 
If a member of the Armed Forces has been stationed for more than 
one (1) year in Oklahoma any time in the previous ten (10) years 
before the date of enrollment in the course(s) concerned, then the 
member, or the spouse or dependent child of the member , shall be 
eligible for in-state tuition at a public institution of higher 
education. 
 
SECTION 3.  This act shall become effective November 1, 2022. 
  ENR. H. B. NO. 1800 	Page 5 
Passed the House of Representativ es the 3rd day of May, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 25th day of April, 2022. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________ ________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________