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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 654 By: Rosino of the Senate
and
Burns and Menz of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to relating to postsecondary
education; creating the Captain Steven L. Farley
Goldstar Families Act; providing short titl e;
providing certain tuition waiv ers for surviving
spouses and children of certain military members
killed after certain date; provi ding eligibility;
providing retention eligibility; directing certain
federal benefits to be exhausted prior to waiving of
certain tuition; providing for prom ulgation of rules;
creating the Oklahoma Natio nal Guard Educational
Certificate Program Assistance Revolving Fund;
providing for codificat ion; providing an effective
date; and declaring an emergenc y.
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, r eads as follows:
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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 Forc es who was killed 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 s hall 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 postsecon dary
program at a technology center schoo l operating under the State
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 for 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 ce nter school operating under
the State Board of Career and Technology Edu cation.
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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 Stat e Regents for
Higher Education or the Sta te 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 tuition 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 E ducation shall promulgate
rules to implement the provisions of this sect ion.
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 and 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
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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
5. 6. “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 a ssistance 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 cour ses in which the eligible Guard member
is enrolled, not to excee d a maximum of eighteen (18) credit hours
each semester.
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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 eligib le 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
available for the Program and the number of eligible Guard members
who apply.
4. Assistance allowed by this section shall not be allow ed 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
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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.
F. To retain eligibility for the Program, an eligible Guard
member shall:
1. Maintain good academic standing and satisf actory 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
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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 me mber 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.
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
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requirements of paragraph 4 of subsection F o f 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 Career and Technology Educatio n
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 Educational 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 th e provisions of this act the Oklahoma National
Guard Educational Assistance Act including deadlines for submission
of applications required by subsection G of t his section. The
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Adjutant General may promulgate regulations to impleme nt the
provisions of this act the Oklahoma National Guard Educational
Assistance 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 Te chnology Education 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 Career 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
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 o f Management and
Enterprise Services for approval and payment.
SECTION 4. This act shall become effective July 1, 2023.
SECTION 5. It being immediately necessary for the preservatio n
of the public peace, health or safety, an emergency is hereby
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declared to exist, by rea son whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-2222 KR 5/22/2023 1:00:41 PM