Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1418 Latest Draft

Bill / Enrolled Version Filed 04/18/2022

                             
 
 
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: _______________________________ __