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SENATE FLOOR VERSION
February 18, 2021
SENATE BILL NO. 70 By: Simpson of the Senate
and
Hardin (Tommy) of the House
An Act relating to higher education; amendin g Section
1, Chapter 290, O.S.L. 2012, as amended by Section 1,
Chapter 141, O.S.L. 2015 (70 O.S. Supp. 20 20, Section
3247), which relates to in -state status for
dependents of military personnel; modifying
eligibility for in-state status for certain studen ts;
updating statutory language; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 290, O.S.L.
2012, as amended by Section 1, Chapter 141, O.S.L. 2015 (70 O.S.
Supp. 2020, 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 stud ent if the student is
a:
1. Dependent child or spouse of a person currently serving as a
member of the active uniform ed 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 ;
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2. Dependent child or spouse of a person currently serving as a
member of the military reserve on active duty order s of more than
thirty (30) days and for whom Oklahoma is the home of record;
3. Person, or spouse or dependent child of a person, curren tly
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 thirty
(30) days and is stationed or temporarily present in Oklahoma
through military orders;
4. Person, or spouse or dependen t child of a person, who was
discharged or released from a period of not fewer than ninety (90)
days of active uniforme d service, less than five (5) 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 Officer s' Training
Corps, Army Reserve Officers' 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 maintain e ligibility, 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
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2. Have secured admission to and enr olls full-time or part-time
in a program of study at an institution within The Oklahoma 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 resi dence in the state and
who resides in the state while enrolled in the institution shall be
eligible for in-state status, regardless of th e residency of the
student or home of record, if the student:
1. Is a person who:
a. was discharged or released from a period of not fewer
than ninety (90) days of active duty uniformed
service, less than five (5) ten (10) years before the
date of enrollment in the course(s) concerned , and
b. is pursuing a course of education w ith educational
assistance under Chapter 30 o r 33 of Title 38 of the
United States Code while living in this state; or
2. Is a person who:
a. is entitled to assistance under Section 3311(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 services, and
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b. enrolls in the course(s) concerned within five (5)
years of the date the related person w as 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 retent ion standards as determined by
the Oklahoma State Regents 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 institu tion within The Oklahoma State
System of Higher Education.
E. A student who meets the eligibility requirements for in -
state status shall maintain in -state status if the student remains
continuously enrolled at an institution within Th e Oklahoma State
System of Higher Education after the student:
1. As described in paragraphs paragraph 1, 2 or 3 of subsection
A of this section is discharged or released from active duty
service;
2. As described in paragraph 4 of subsection A of this se ction
or paragraph paragraphs 1 and 2 of subsection C of this section
exceeds the five-year period after being discharged or released from
active duty uniformed service;
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3. As described in paragraph 1 of subsection C of this section
has exhausted educatio n assistance provided under Chapter 30 or 33
of Title 38 of the United States Code; or
4. As described in paragraph 2 of subsection C of this section
has exhausted education assistance provided unde r Section 3311(b)(9)
or 3319 of Title 38 of the United St ates 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 Oklahoma State Regents for Higher Education shall
develop policies and proce dures necessary to implement the
provisions of this section.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 18, 2021 - DO PASS