Oklahoma 2023 2023 Regular Session

Oklahoma Senate Bill SB654 Engrossed / Bill

Filed 05/01/2023

                     
 
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ENGROSSED HOUSE AMENDME NT 
 TO 
ENGROSSED SENATE BILL NO . 654 By: Rosino of the Senate 
 
  and 
 
  Burns of the House 
 
 
 
An Act relating to postsecondary education; creating 
the Captain Steven L. Farley Goldstar Families Act; 
providing short titl e; providing certain tuition 
waivers for surviving spouses and children of certain 
military members killed after certain date; providing 
eligibility; providing retention eligibility; 
directing certain federal benefits to be exhausted 
prior to waiving of ce rtain tuition; providing for 
promulgation of rules; providing for codificat ion; 
providing an effective date; and declaring an 
emergency. 
 
 
 
 
 
 
 
 
 
AUTHOR:  Add the following House coauthor: Menz 
 
AMENDMENT NO. 1.  Strike the title, enacting clause, and entire bill 
and insert: 
 
 
 
 
"[ postsecondary education - Captain Steven L. Farley 
Gold Star Families Act - tuition waivers for 
surviving spouses and children of military members 
- retention eligibility - federal benefits – 
eligibility for members in technology cent er school   
 
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certificate programs – requirements – Oklahoma 
National Guard Educational Certificate Program 
Assistance Revolving Fund – source of funds – 
reporting requirements – promulgation of rules – 
codification – effective date –  
  	emergency ] 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3234 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
A.  This act shall be known and may be cited as the “Captain 
Steven L. Farley Gold Star Families Act”. 
B.  The surviving spouse and children of a member of any branch 
of the United States Armed Forces who was ki lled in action or killed 
in the performance of his or her d uty after September 11, 2001, 
shall be eligible for a waiver of: 
1.  Undergraduate resident tuition, mand atory fees, and academic 
service fees at institutions within The Oklahoma State System of 
Higher Education.  A student shall be eligible for a tuition and 
fees waiver for up to five (5) years or completion of the 
requirements for a baccalaureate degree, wh ichever comes first; or 
2.  Resident tuition and mandatory fees for a postsecondary 
program at a technology center school operating under the State   
 
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Board of Career and Technology Education.  Students shall be 
eligible for a tuition and fees waiver for up t o five (5) years or 
completion of a certificate, whichever comes first. 
C.  To be eligible f or a tuition and fees waiver, a student 
shall: 
1.  Be a resident of this state; and 
2.  Have secured admission to and enrolled in an institution 
within The Oklahoma State System of Higher Education or a 
postsecondary program at a technology center school o perating under 
the State Board of Career and Technology Edu cation. 
D.  To retain eligibility for a tuition and fees waiver, the 
student shall maintain good academic standing and satisfactory 
progress according to standards of the Oklahoma State Regents for 
Higher Education or the State Board of Career and Technolo gy 
Education. 
E. A student seeking a tuition and fees waiver pursuant to this 
section who is eligible fo r federal education benefits shall exhaust 
all available federal benefits.  Any amount of tu ition and fees owed 
after federal benefits are exhausted sh all be waived by the 
institution of higher education or the technology center school. 
F.  The Oklahoma State Regents for Higher Education and the 
State Board of Career and Technology Education shal l promulgate 
rules to implement the provisions of this sect ion.   
 
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SECTION 2.   AMENDATORY     Section 1, Chapter 24, O.S.L. 2022 
(70 O.S. Supp. 2022, Section 3231), is amended to read as follows: 
Section 3231.  A.  This act shall be known a nd may be cited as 
the "Oklahoma National Guard Educational Assistance Act". 
B.  As used in this act: 
1. "Oklahoma educational institution" means an institution of 
higher education within The Oklahoma State System of Higher 
Education or a technology center school operating under the State 
Board of Career and Tech nology Education; 
2.  "Eligible Guard member" means a current member of the 
Oklahoma National Guard in go od standing who has a high school 
diploma or who has completed General Educa tional Development (GED) 
requirements and who has secured admission to and enrolled in an 
Oklahoma educational institution; 
3.  "Certificate program" means a program offered by an Oklahoma 
educational institution that leads to the award of a postsecondary 
certificate; 
4.  "Graduate program" means a program offered by an Oklahoma 
educational institution that lead s to the award of a master's 
degree; 
4. 5. "Program" means the Oklahoma National Guard Educational 
Assistance Program established pursuant to the p rovisions of this 
section; and   
 
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5. 6. "Undergraduate program" means a progr am offered by an 
Oklahoma educational institution that leads to the award of an 
associate's degree or a b accalaureate 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 ed ucational institution.  
Subject to the availability of funds, the amount of assistance shall 
be equivalent to the amount of resident tuition, mandat ory fees, and 
academic service fees for courses in which the eligible Guard member 
is enrolled, not to excee d a maximum of eighteen (18) credit hours 
each semester. 
1.  The amount of assistance provided to an eligible Guard 
member enrolled in an undergradu ate program shall not exceed a 
maximum of one hundred twenty (120) credit h ours in pursuit of an 
associate's degree and/or a baccalaureate degree. 
2.  Subject to the assistance for eligible Guard members 
enrolled in undergraduate programs being fully funde d, assistance 
shall be provided to an eligible Guard member with a baccalau reate 
degree enrolled in a gradua te program.  The amount of assistance 
provided to an eligible Guard memb er enrolled in a graduate program 
shall not exceed a maximum of forty (40) c redit hours in pursuit of 
a master's degree. 
3.  Assistance provided pursua nt to this section shall be 
granted without any limitation other than the amount of funds   
 
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available for the Program 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 requirements for completio n of a 
certificate program, an undergraduate program , or a graduate 
program, whichever is applicable for the eligible Guard member. 
D.  Assistance provided pursuant to this section shall be 
allocated to the Oklahoma educati onal institution from the Oklahom a 
National Guard Educational Assistance Revolving Fund created 
pursuant to Section 2 3232 of this act title and the Oklahoma 
National Guard Educatio nal Certificate Program Assistance Revolving 
Fund created pursuant to Secti on 3 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 begi nning 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 N ational Guard; and 
3.  Agree in writing to serve actively in good standing w ith the 
Oklahoma National Guard for not less than twenty -four (24) months 
after completion of the last semes ter for which the member receives 
assistance pursuant to this section.   
 
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F.  To retain eligibility for the Program, an eligible Guard 
member shall: 
1. Maintain good academic standing and satisfactory academic 
progress according to standards of the Oklahoma educational 
institution in which the member is enrolled; 
2.  Maintain the requirements for retention and certificate or 
degree completion as establi shed by the Oklahoma educational 
institution in which the member is enrolle d; 
3.  Maintain a minimum grade p oint average of 2.0 on a 4.0 
scale; and 
4.  Maintain satisfactory partic ipation in the Oklahoma National 
Guard. 
G.  An eligible Guard member seeking assistance pursuant to the 
provisions of this section shall submit an appl ication on a form 
prescribed by the Military Department of the State of Oklahoma to 
the Educational Servi ce Office of the Military Department prior to 
the semester for which assista nce is sought.  The eligible Guard 
member's Commander or his or her designe e 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 comp ly with the provisions 
of paragraph 1, 2, or 3 of subsection F of this s ection.   
 
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I.  An eligible Guard member who has received Program assistance 
pursuant to the provisions of this section and who fails to comply 
with the provisions of paragraph 4 of subsec tion F of this section 
shall be required to repay an amount to be calcul ated as follows: 
1.  Determine the total amount of assistance provided pursu ant 
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 t o Section 2 
3232 of this act title and the Oklahoma National Guard Educational 
Certificate Program Assistance Revolving Fund created pursuant to 
Section 3 of this act. 
J.  An eligible Guard member who has received Program assistance 
pursuant to the provisi ons 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 reques t a waiver from repayment.  
A waiver request shall be submitted in writing to the Adjutant 
General. 
K.  By July 1 annually, the Oklahoma State Regents for Higher 
Education and the State Board of Ca reer and Technology Education   
 
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shall notify the Adjutant Gen eral of the amount of funding ava ilable 
in the Oklahoma National Guard Educational Assistance Revolving F und 
created pursuant to Section 2 3232 of this act title and the 
Oklahoma National Guard Edu cational Certificate Program Assistance 
Revolving Fund created pursuant to Section 3 of this act. 
L.  The Oklahoma State Regents for Higher Education and the 
State Board of Career and Technology Education shall promulgate 
rules to implement the provisions of this act including deadlines 
for submission of applicati ons required by subsection G of t his 
section. The Adjutant General may promulgate regulations to 
implement the provisions of this act. 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3232. 1 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
There is hereby created in the State Treasury a revolving fund 
for the State Board of Career and Technology Educ ation to be 
designated the "Oklahoma National Guard Educati onal Certificate 
Program Assistance Revolving Fund".  The fund shall be a continuing 
fund, not subject to fis cal year limitations, and shall consist of 
all monies received by the State Board of Car eer and Technology 
Education from state appropriations.  Al l monies accruing to the 
credit of the fund are hereby appropriated and may be budgeted a nd 
expended by the State Board of Career and Technology Education for 
the purpose of providing assistance to eligible Oklahoma National   
 
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Guard members pursuant to the p rovisions of Section 3231 of Title 70 
of the Oklahoma Statutes.  Expenditures from the fu nd shall be made 
upon warrants issued by the State Treasurer against claim s filed as 
prescribed by law with the Director of the Office of Management and 
Enterprise Services for approval and payment. 
SECTION 4.  This act shall become effecti ve July 1, 2023. 
SECTION 5.  It being immediately necessar y for the preservation 
of the public peace, health, or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and af ter its passage and approval." 
Passed the House of Representatives the 27th day of April, 2023. 
 
 
 
 
  
Presiding Officer of the House of 
 	Representatives 
 
 
Passed the Senate the ____ day of _______ ___, 2023. 
 
 
 
 
  
Presiding Officer of the Senate 
   
 
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ENGROSSED SENATE 
BILL NO. 654 	By: Rosino of the Senate 
 
  and 
 
  Burns of the House 
 
 
 
 
An Act relating to postsecondary education; creating 
the Captain Steven L. Farley Golds tar Families Act; 
providing short titl e; providing certain tuition 
waivers for surviving spouses and children of certain 
military members killed after certain date; providing 
eligibility; providing retention eligibility; 
directing certain federal benefits to be exhausted 
prior to waiving of ce rtain tuition; providing for 
promulgation of rules; providing for codification; 
providing an effective date; and declaring an 
emergency. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 6.     NEW LAW     A new sect ion of law to be codified 
in the Oklahoma Statutes as Section 3234 of Title 70, unless there 
is created a duplication in numb ering, reads as follows: 
A. This act shall be known and may be cited as the “Captain 
Steven L. Farley Goldstar Families A ct”. 
B.  The surviving spouse and ch ildren of a member of any branch 
of the United States Armed Forces who was killed in action or killed 
in the performance of his or her duty after September 11, 20 01, 
shall be eligible for a waiver of:   
 
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1.  Undergraduate resident tuition at institutions with in The 
Oklahoma State System of Higher Education.  A student shall be 
eligible for a tuition waiver for up to five (5) years or completion 
of the requirements for a baccalaureate degree, wh ichever comes 
first; or 
2.  Resident tuition for a postsecondary pr ogram at a technology 
center school operating under the State Board of Career and 
Technology Education. Students shall be eligible for a tuition 
waiver for up to five (5) years or completi on of a certificate, 
whichever comes first. 
C.  To be eligible for a tuition waiver, a student shall: 
1.  Be a resident of this state; and 
2.  Have secured admission to and enrolled in a n institution 
within The Oklahoma State System of Higher Education or a 
postsecondary program at a technology center school operating under 
the State Board of Career and Technology Education. 
D.  To retain eligibility for a tuition waiver , the student 
shall maintain good academic standing and s atisfactory progress 
according to standards of the Oklahoma State Regen ts for Higher 
Education or the State Board of Career and Technology Education . 
E.  A student seeking a tuition waiver pur suant to this section 
who is eligible for federal education benefits shall exhaust all 
available federal benefits.  Any amount of tuiti on owed after   
 
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federal benefits are exhausted shall be waived by the institution of 
higher education or the technology center school. 
F.  The Oklahoma State Regents for Higher Education and the 
State Board of Career a nd Technology Education shall promulgate 
rules to implement the provisions of this section. 
SECTION 7.  This act shall become effective July 1, 2023. 
SECTION 8. 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 shall take effect and 
be in full force from and after its passage and approval. 
Passed the Senate the 8th day of March, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives