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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1418 By: David and Jett of the
Senate
and
Miller of the House
An Act relating to higher education; creating the
Oklahoma National Guard Educational A ssistance Act;
providing short title; providing de finitions;
creating the Oklahoma National Guard Educational
Assistance Program to provide tuition and fee
assistance to certain eligible members; providing for
amount of assistance subject to availability o f
funding; limiting assistance to certain number o f
credit hours; providing for eligibility; providing
eligibility retention requirements; providing
application process; allowing denial of cont inued
assistance for failur e to meet certain requirements;
requiring repayment of assistance for failure to meet
certain requirement; providing for calculation of
repayment amount; allowing for application of
hardship waiver; directing certain notification on
available funding; providing for promulgation of
rules and regulations; creating the Oklahoma National
Guard Educational Assistance Revolving Fund;
specifying source of fund; providing for
expenditures; providing purpo se of fund; providing
for codification; provid ing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3231 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be c ited as the “Oklahoma
National Guard Educational Assistance Act”.
B. As used in this act:
1. “Oklahoma educational insti tution” means an institution of
higher education within The Oklahoma State System of Higher
Education;
2. “Eligible Guard member” means a current member of the
Oklahoma National Guard in good standing who has a high school
diploma or who has completed General Educational Development (GED)
requirements and who has secured admission to and enrolled in an
Oklahoma educational institution;
3. “Graduate program” means a program offered by an Oklahoma
educational institution that leads to the award of a master’s
degree;
4. “Program” means the Oklahoma National Guard Educational
Assistance Program established pursuant to the provisions of this
section; and
5. “Undergraduate program” means a program offered by an
Oklahoma educational institution that leads to the award of an
associate’s degree or a baccalaureate degree.
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C. There is hereby created the Oklahoma National Guard
Educational Assistance Program to provide assistance to eligible
Guard members who enroll in an Oklahoma educational institution.
Subject to the availability of funds, t he amount of assistance shall
be equivalent to the amount of resident tuition, mandatory fees, and
academic service fees for courses in which the eligible Guard member
is enrolled, not to exceed a max imum of eighteen (18) credit hours
each semester.
1. The amount of assistance provided to an eligible Guard
member enrolled in an undergraduate program shall not exceed a
maximum of one hundred twenty (120) credit hours in pursu it of an
associate’s degree and/or a baccalaureate degree.
2. Subject to the assistance for eligible Gua rd members
enrolled in undergraduate programs being fully funded, assistance
shall be provided to an eligible Guard member with a baccalaureate
degree enrolled in a graduate program. The amount of assistance
provided to an eligible Guard member enrolled i n a graduate program
shall not exceed a maximum of forty (40) credit hours in pursuit of
a master’s degree.
3. Assistance provided pursuant to this section shall be
granted without any limitation other than the amount of fun ds
available for the Program an d the number of eligible Guard members
who apply.
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4. Assistance allowed by this section shall not be allowed for
courses taken in excess of the requireme nts for completion of a n
undergraduate program or a graduate program, whichever is appli cable
for the eligible Guard member.
D. Assistance provided pursuant to this section shall be
allocated to the Oklahoma educational institution from the Oklahoma
National Guard Educational Assis tance Revolving Fund created
pursuant to Section 2 of this act.
E. To be eligible to apply for the Program, an eligible Guard
member shall:
1. Have at least one (1) year remaining on his or her
enlistment contract at the beginning of any semester for which the
member applies for assistance pursuant to this section;
2. Agree in writing to complete his or her current service
obligation in the Oklahoma Nationa l Guard; and
3. Agree in writing to serve actively in good standing with the
Oklahoma National Guard for not less tha n twenty-four (24) months
after completion of the last s emester for which the member receives
assistance pursuant to this section.
F. To retain eligibility for the Program, an eligible Guard
member shall:
1. Maintain good academic standing and satisfacto ry academic
progress according to standards of the Oklah oma educational
institution in which the member is enrolled ;
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2. Maintain the requ irements for retention and degree
completion as established by the Oklahoma educational institution in
which the member is enrolled;
3. Maintain a minimum grade point average of 2.0 on a 4.0
scale; and
4. Maintain satisfactory participation in the Oklahoma National
Guard.
G. An eligible Guard member seeking assistance pursuant to the
provisions of this section shall submit an application on a form
prescribed by the Military Department of the State of Oklahoma to
the Educational Service Office of the Military Department prior to
the semester for which assistance is sought. The eligible Guard
member’s Commander or his or her designee shall confirm a member’s
standing and eligibility to the Oklahoma educational institution in
which the student is enrolled.
H. The eligible Guard member’s Commander may deny an
application submitted by an eligible Guard member for continued
Program assistance if he or she fails to comply with the provisions
of paragraph 1, 2, or 3 of subsection F of this section .
I. An eligible Guard member who has received Program assistance
pursuant to the provisions of th is section and who fails to comply
with the provisions of paragraph 4 of subsection F of this section
shall be required to repay an amount to be calculated as follows:
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1. Determine the total amount of assistance provided pursuant
to the provisions of this section;
2. Divide the amount determined in paragraph 1 of this
subsection by twenty -four (24); and
3. Multiply the amount determined in paragraph 2 of this
subsection by the number of months the member did not fulfill the
requirements of paragraph 4 of subsection F of this section .
Repayments shall be deposited into the Oklahoma National Guard
Educational Assistance Revolving Fund created pursuant to Section 2
of this act.
J. An eligible Guard member who has received Program as sistance
pursuant to the provisions of this section and who fails to comply
with the provisions of paragraph 4 of subsection F of this section
due to hardship circumstances may request a waiver from repayment.
A waiver request shall be submitted in writing to the Adjutant
General.
K. By July 1 annually, the Oklahoma State Re gents for Higher
Education shall notify th e Adjutant General o f the amount of funding
available in the Okl ahoma National Guard Educati onal Assistance
Revolving Fund created pursuant to Section 2 of this act.
L. The Oklahoma State Regents for Higher Education shall
promulgate rules to implement the provisions of this act including
deadlines for submission of applications requir ed by subsection G of
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this section. The Adjutant General may promulgate regulations to
implement the provisions of this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3232 of Title 70, unless there
is created a duplication in num bering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Regents for Hig her Education to be designated
the “Oklahoma National Guard Educational Assistance Revolving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma State Regents for Higher Education from state
appropriations. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
State Regents for Higher Education for the purpose of providing
assistance to eligible Guard me mbers pursuant to th e provisions of
Section 1 of this act . Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason wher eof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HIGHER EDUCATION AND CAREER TECH,
dated 04/04/2022 - DO PASS.