An Act ENROLLED SENATE BILL NO. 1418 By: David and Jett of the Senate and Miller, Hasenbeck, Fugate, and Davis of the House An Act relating to higher education; creating the Oklahoma National Guard Educational A ssistance Act; providing short title; prov iding definitions; 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 of credit hours; providing for eligibility; providing eligibility retention requirements; providing application process; allowing denial of cont inued assistance for failure 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 Nationa l 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. SUBJECT: Creating the Oklahoma Nationa l Guard Educational Assistance Act BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: ENR. S. B. NO. 1418 Page 2 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. 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 ENR. S. B. NO. 1418 Page 3 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 eligib le Guard 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 enro lled in 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 Pro gram and the number of eligible Guard members who apply. 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 semester for which the member receives assistance pursuant to this section. ENR. S. B. NO. 1418 Page 4 F. To retain eligibility for the Program, an eligible Guard member shall: 1. Maintain good academic standing and satisfacto ry academic progress according to standar ds of the Oklahoma educational institution in which the member is enrolled ; 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 provision s 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 sectio n shall be required to repay an amount to be calculated as follows: 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 ENR. S. B. NO. 1418 Page 5 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 the 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 provision s of this act including deadlines for submission of applications requir ed by subsection G of 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 b e 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 Higher 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 members 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 ENR. S. B. NO. 1418 Page 6 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 declared to exist, by reason wher eof this act shall take effect and be in full force from and after its passage and approval. ENR. S. B. NO. 1418 Page 7 Passed the Senate the 22nd day of March, 2022. Presiding Officer of the Senate Passed the House of Repre sentatives the 14th day of April, 2022. Presiding Officer of the House of Representatives 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: _______________________________ __