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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 70 By: Simpson of the Senate
and
Hardin (Tommy) of the House
[ higher education - dependents of military personnel
- eligibility for in-state status - effective date –
emergency ]
AMENDMENT NO. 1. Delete the stricken title, enacting clause and
entire bill and replace with:
"An Act relating to higher education; amending
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), which relates to in -state
status for dependents of military personnel;
modifying eligibility for in -state status for
certain students; 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:
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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 serving 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 than
thirty (30) days and for whom Oklah oma is the home of record;
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 thirty
(30) days and is stationed or tem porarily 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, less 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 Officers' Training Corps or the Navy/Marines
Reserve Officers' Training Corps.
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B. To be eligible for in -state status as provided for in
subsection A of this section and to maintain eligibility, the
student shall:
1. Satisfy admission and retention standards as de termined 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 institution within The Okl ahoma 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 residence in the state and
who resides in the state while enrolled in the institution shall be
eligible for in-state status, regardless of the 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) day s 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 with educational
assistance under Chapter 30 or 33 of Title 38 of the
United States Code while living in this state; or
2. Is a person who:
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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
b. enrolls in the course(s) concerned within five (5) ten
(10) years of the date the related person was
discharged or released from a period of not fewer than
ninety (90) days of active duty uniforme d 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 standards as determined by
the Oklahoma State Regents for Higher Educatio n 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 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 The Oklahoma State
System of Higher Education after the student:
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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 section
or paragraph paragraphs 1 and 2 of subsection C of this section
exceeds the five-year ten-year period after being discharged or
released from active duty uniformed service;
3. As described in paragraph 1 of subsection C of this section
has exhausted education 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 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 Oklahoma State Regents for Higher Education shall
develop policies and procedures 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 reason whereof this act s hall take effect and
be in full force from and after its passage and approval. "
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Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 70 By: Simpson of the Senate
and
Hardin (Tommy) of the House
[ higher education - dependents of military personnel
- eligibility for in-state status - effective date –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. 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 f ollows:
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 serving as a
member of the active uniformed services of the Unite d 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 than
thirty (30) days and for whom Oklahoma is the home of record;
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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 thirty
(30) days and is stationed or temporarily 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, less than fiv e (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 Officers' 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 eligibility, the
student shall:
1. Satisfy admission and retentio n 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 instituti on within The Oklahoma State
System of Higher Education.
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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 residence in the state and
who resides in the state while enrolled in the institution shall be
eligible for in-state status, regardless of the 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 with educational
assistance under Chapter 30 or 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
b. enrolls in the course(s) concerned within 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.
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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 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 institution 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 The 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 section
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;
3. As described in paragraph 1 of subsection C of this section
has exhausted education assistance provided under Chapter 30 or 33
of Title 38 of the United States Code; or
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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 Oklahoma State Regents for Higher Education shall
develop policies and procedures necessary to implement the
provisions of this section.
SECTION 5. This act shall become effective July 1, 2021.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act sh all take effect and
be in full force from and after its passage and approval.
Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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