Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB654 Compare Versions

Version 1 (Old)

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28		-	STATE OF OKLAHOMA
29		-
30		-	1st Session of the 59th Legislature (2023)
31		-
32		-	CONFERENCE COMMITTEE SUBSTITUTE
33		-	FOR ENGROSSED
34		-	SENATE BILL 654 By: Rosino of the Senate
	28	+	ENGROSSED HOUSE AMENDME NT
	29	+	TO
	30	+	ENGROSSED SENATE BILL NO . 654 By: Rosino of the Senate
35	31
36	32		and
37	33
38		-	Burns and Menz of the House
	34	+	Burns of the House
	35	+
	36	+
	37	+
	38	+	An Act relating to postsecondary education; creating
	39	+	the Captain Steven L. Farley Goldstar Families Act;
	40	+	providing short titl e; providing certain tuition
	41	+	waivers for surviving spouses and children of certain
	42	+	military members killed after certain date; providing
	43	+	eligibility; providing retention eligibility;
	44	+	directing certain federal benefits to be exhausted
	45	+	prior to waiving of ce rtain tuition; providing for
	46	+	promulgation of rules; providing for codificat ion;
	47	+	providing an effective date; and declaring an
	48	+	emergency.
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46		-	CONFERENCE COMMITTEE SUBSTITUTE
47	56
48		-	An Act relating to relating to postsecondary
49		-	education; creating the Captain Steven L. Farley
50		-	Goldstar Families Act; providing short titl e;
51		-	providing certain tuition waiv ers for surviving
52		-	spouses and children of certain military members
53		-	killed after certain date; provi ding eligibility;
54		-	providing retention eligibility; directing certain
55		-	federal benefits to be exhausted prior to waiving of
56		-	certain tuition; providing for prom ulgation of rules;
57		-	creating the Oklahoma Natio nal Guard Educational
58		-	Certificate Program Assistance Revolving Fund;
59		-	providing for codificat ion; providing an effective
60		-	date; and declaring an emergenc y.
	57	+
	58	+	AUTHOR: Add the following House coauthor: Menz
	59	+
	60	+	AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
	61	+	and insert:
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	66	+	"[ postsecondary education - Captain Steven L. Farley
	67	+	Gold Star Families Act - tuition waivers for
	68	+	surviving spouses and children of military members
	69	+	- retention eligibility - federal benefits –
	70	+	eligibility for members in technology cent er school
65	71
66		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
67		-	SECTION 1. NEW LAW A new section of law to be codified
68		-	in the Oklahoma Statutes as Section 3234 of Title 70, unless there
69		-	is created a duplication in numbering, r eads as follows:
70		-
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	97	+	certificate programs – requirements – Oklahoma
	98	+	National Guard Educational Certificate Program
	99	+	Assistance Revolving Fund – source of funds –
	100	+	reporting requirements – promulgation of rules –
	101	+	codification – effective date –
	102	+	emergency ]
	103	+
	104	+
	105	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	106	+	SECTION 1. NEW LAW A new section of law to be codified
	107	+	in the Oklahoma Statutes as Section 3234 of Title 70, unless there
	108	+	is created a duplication in numbering, reads as follows:
96	109		A. This act shall be known and may be cited as the “Captain
97	110		Steven L. Farley Gold Star Families Act”.
98	111		B. The surviving spouse and children of a member of any branch
99	112		of the United States Armed Forces who was ki lled in action or killed
100	113		in the performance of his or her d uty after September 11, 2001,
101	114		shall be eligible for a waiver of:
102	115		1. Undergraduate resident tuition, mand atory fees, and academic
103	116		service fees at institutions within The Oklahoma State System of
104	117		Higher Education. A student shall be eligible for a tuition and
105	118		fees waiver for up to five (5) years or completion of the
106	119		requirements for a baccalaureate degree, wh ichever comes first; or
107	120		2. Resident tuition and mandatory fees for a postsecondary
108	121		program at a technology center school operating under the State
109		-	Board of Career and Technology Education. Students shall be
110		-	eligible for a tuition and fees waiver for up t o five (5) years or
111		-	completion of a certificate, whichever comes first.
112		-	C. To be eligible for a tuition and fees waiver , a student
113		-	shall:
114		-	1. Be a resident of this state; and
115		-	2. Have secured admission to and enrolled in an institution
116		-	within The Oklahoma State System of Higher Education or a
117		-	postsecondary program at a technology ce nter school operating under
118		-	the State Board of Career and Technology Edu cation.
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	148	+	Board of Career and Technology Education. Students shall be
	149	+	eligible for a tuition and fees waiver for up t o five (5) years or
	150	+	completion of a certificate, whichever comes first.
	151	+	C. To be eligible f or a tuition and fees waiver, a student
	152	+	shall:
	153	+	1. Be a resident of this state; and
	154	+	2. Have secured admission to and enrolled in an institution
	155	+	within The Oklahoma State System of Higher Education or a
	156	+	postsecondary program at a technology center school o perating under
	157	+	the State Board of Career and Technology Edu cation.
145	158		D. To retain eligibility for a tuition and fees waiver, the
146	159		student shall maintain good academic standing and satisfactory
147	160		progress according to standards of the Oklahoma State Regents for
148	161		Higher Education or the State Board of Career and Technolo gy
149	162		Education.
150	163		E. A student seeking a tuition and fees waiver pursuant to this
151	164		section who is eligible fo r federal education benefits shall exhaust
152	165		all available federal benefits. Any amount of tu ition and fees owed
153	166		after federal benefits are exhausted sh all be waived by the
154	167		institution of higher education or the technology center school.
155	168		F. The Oklahoma State Regents for Higher Education and the
156	169		State Board of Career and Technology Education shal l promulgate
157	170		rules to implement the provisions of this sect ion.
158		-	SECTION 2. AMENDATORY Section 1, Chapter 24, O.S.L. 2022
159		-	(70 O.S. Supp. 2022, Section 3231), is amended to read as follows:
160		-	Section 3231. A. This act shall be known and may be cited as
161		-	the “Oklahoma National Guard Educational Assistance Act”.
162		-	B. As used in this act:
163		-	1. “Oklahoma educational institution ” means an institution of
164		-	higher education within The Oklahoma State System of Higher
165		-	Education or a technology center school operating under the State
166		-	Board of Career and Tech nology Education;
167		-	2. “Eligible Guard member” means a current member of the
168		-	Oklahoma National Guard in go od standing who has a high school
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	197	+	SECTION 2. AMENDATORY Section 1, Chapter 24, O.S.L. 2022
	198	+	(70 O.S. Supp. 2022, Section 3231), is amended to read as follows:
	199	+	Section 3231. A. This act shall be known a nd may be cited as
	200	+	the "Oklahoma National Guard Educational Assistance Act".
	201	+	B. As used in this act:
	202	+	1. "Oklahoma educational institution" means an institution of
	203	+	higher education within The Oklahoma State System of Higher
	204	+	Education or a technology center school operating under the State
	205	+	Board of Career and Tech nology Education;
	206	+	2. "Eligible Guard member" means a current member of the
	207	+	Oklahoma National Guard in go od standing who has a high school
195	208		diploma or who has completed General Educa tional Development (GED)
196	209		requirements and who has secured admission to and enrolled in an
197	210		Oklahoma educational institution;
198		-	3. “Certificate program” means a program offered by an Oklahoma
	211	+	3. "Certificate program" means a program offered by an Oklahoma
199	212		educational institution that leads to the award of a postsecondary
200	213		certificate;
201		-	4. “Graduate program” means a program offered by an Oklahoma
202		-	educational institution that lead s to the award of a master’s
	214	+	4. "Graduate program" means a program offered by an Oklahoma
	215	+	educational institution that lead s to the award of a master's
203	216		degree;
204		-	4. 5. “Program” means the Oklahoma National Guard Educational
	217	+	4. 5. "Program" means the Oklahoma National Guard Educational
205	218		Assistance Program established pursuant to the p rovisions of this
206	219		section; and
207		-	5. 6. “Undergraduate program” means a program offered by an
208		-	Oklahoma educational institution that leads to the award of an
209		-	associate’s degree or a baccalaureate degree.
210		-	C. There is hereby created the Oklahoma National Guard
211		-	Educational Assistance Program to provide a ssistance to eligible
212		-	Guard members who enroll in an Oklahoma ed ucational institution.
213		-	Subject to the availability of funds, the amount of assistance shall
214		-	be equivalent to the amount of resident tuition, mandat ory fees, and
215		-	academic service fees for cour ses in which the eligible Guard member
216		-	is enrolled, not to excee d a maximum of eighteen (18) credit hours
217		-	each semester.
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	246	+	5. 6. "Undergraduate program" means a progr am offered by an
	247	+	Oklahoma educational institution that leads to the award of an
	248	+	associate's degree or a b accalaureate degree.
	249	+	C. There is hereby created the Oklahoma National Guard
	250	+	Educational Assistance Program to provide assistance to eligible
	251	+	Guard members who enroll in an Oklahoma ed ucational institution.
	252	+	Subject to the availability of funds, the amount of assistance shall
	253	+	be equivalent to the amount of resident tuition, mandat ory fees, and
	254	+	academic service fees for courses in which the eligible Guard member
	255	+	is enrolled, not to excee d a maximum of eighteen (18) credit hours
	256	+	each semester.
244	257		1. The amount of assistance provided to an eligible Guard
245	258		member enrolled in an undergradu ate program shall not exceed a
246	259		maximum of one hundred twenty (120) credit h ours in pursuit of an
247		-	associate’s degree and/or a baccalaureate degree.
	260	+	associate's degree and/or a baccalaureate degree.
248	261		2. Subject to the assistance for eligible Guard members
249	262		enrolled in undergraduate programs being fully funde d, assistance
250	263		shall be provided to an eligible Guard member with a baccalau reate
251	264		degree enrolled in a gradua te program. The amount of assistance
252	265		provided to an eligible Guard memb er enrolled in a graduate program
253	266		shall not exceed a maximum of forty (40) c redit hours in pursuit of
254		-	a master’s degree.
	267	+	a master's degree.
255	268		3. Assistance provided pursua nt to this section shall be
256	269		granted without any limitation other than the amount of funds
257		-	available for the Program and the number of eligible Guard members
258		-	who apply.
259		-	4. Assistance allowed by this section shall not be allow ed for
260		-	courses taken in excess of the requirements for completio n of a
261		-	certificate program, an undergraduate program , or a graduate
262		-	program, whichever is applicable for the eligible Guard member.
263		-	D. Assistance provided pursuant to this section shall be
264		-	allocated to the Oklahoma educati onal institution from the Oklahom a
265		-	National Guard Educational Assistance Revolving Fund created
266		-	pursuant to Section 2 3232 of this act title and the Oklahoma
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	296	+	available for the Program and the number of eligible Guard members
	297	+	who apply.
	298	+	4. Assistance allowed by this section shall not be allowed for
	299	+	courses taken in excess of the requirements for completio n of a
	300	+	certificate program, an undergraduate program , or a graduate
	301	+	program, whichever is applicable for the eligible Guard member.
	302	+	D. Assistance provided pursuant to this section shall be
	303	+	allocated to the Oklahoma educati onal institution from the Oklahom a
	304	+	National Guard Educational Assistance Revolving Fund created
	305	+	pursuant to Section 2 3232 of this act title and the Oklahoma
293	306		National Guard Educatio nal Certificate Program Assistance Revolving
294	307		Fund created pursuant to Secti on 3 of this act.
295	308		E. To be eligible to apply for the Program, an eligible Guard
296	309		member shall:
297	310		1. Have at least one (1) year remaining on his or her
298	311		enlistment contract at the begi nning of any semester for which the
299	312		member applies for assistance pursuant to this section;
300	313		2. Agree in writing to complete his or her current service
301	314		obligation in the Oklahoma N ational Guard; and
302	315		3. Agree in writing to serve actively in good standing w ith the
303	316		Oklahoma National Guard for not less than twenty -four (24) months
304	317		after completion of the last semes ter for which the member receives
305	318		assistance pursuant to this section.
306		-	F. To retain eligibility for the Program, an eligible Guard
307		-	member shall:
308		-	1. Maintain good academic standing and satisf actory academic
309		-	progress according to standards of the Oklahoma educational
310		-	institution in which the member is enrolled;
311		-	2. Maintain the requirements for retention and certificate or
312		-	degree completion as establi shed by the Oklahoma educational
313		-	institution in which the member is enrolle d;
314		-	3. Maintain a minimum grade p oint average of 2.0 on a 4.0
315		-	scale; and
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	345	+	F. To retain eligibility for the Program, an eligible Guard
	346	+	member shall:
	347	+	1. Maintain good academic standing and satisfactory academic
	348	+	progress according to standards of the Oklahoma educational
	349	+	institution in which the member is enrolled;
	350	+	2. Maintain the requirements for retention and certificate or
	351	+	degree completion as establi shed by the Oklahoma educational
	352	+	institution in which the member is enrolle d;
	353	+	3. Maintain a minimum grade p oint average of 2.0 on a 4.0
	354	+	scale; and
342	355		4. Maintain satisfactory partic ipation in the Oklahoma National
343	356		Guard.
344	357		G. An eligible Guard member seeking assistance pursuant to the
345	358		provisions of this section shall submit an appl ication on a form
346	359		prescribed by the Military Department of the State of Oklahoma to
347	360		the Educational Servi ce Office of the Military Department prior to
348	361		the semester for which assista nce is sought. The eligible Guard
349		-	member’s Commander or his or her designe e shall confirm a member ’s
	362	+	member's Commander or his or her designe e shall confirm a member's
350	363		standing and eligibility to the Oklahoma educational institution in
351	364		which the student is enrolled.
352		-	H. The eligible Guard member ’s Commander may deny an
	365	+	H. The eligible Guard member's Commander may deny an
353	366		application submitted by an eligible Guard member for continued
354	367		Program assistance if he or she fails to comp ly with the provisions
355	368		of paragraph 1, 2, or 3 of subsection F of this s ection.
356		-	I. An eligible Guard member who has received Program assistance
357		-	pursuant to the provisions of this section and who fails to comply
358		-	with the provisions of paragraph 4 of subsec tion F of this section
359		-	shall be required to repay an amount to be calcul ated as follows:
360		-	1. Determine the total amount of assistance provided pursu ant
361		-	to the provisions of this section;
362		-	2. Divide the amount determined in paragraph 1 of this
363		-	subsection by twenty-four (24); and
364		-	3. Multiply the amount determined in paragraph 2 of this
365		-	subsection by the number of months the member did not fulfill the
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	395	+	I. An eligible Guard member who has received Program assistance
	396	+	pursuant to the provisions of this section and who fails to comply
	397	+	with the provisions of paragraph 4 of subsec tion F of this section
	398	+	shall be required to repay an amount to be calcul ated as follows:
	399	+	1. Determine the total amount of assistance provided pursu ant
	400	+	to the provisions of this section;
	401	+	2. Divide the amount determined in paragraph 1 of this
	402	+	subsection by twenty-four (24); and
	403	+	3. Multiply the amount determined in paragraph 2 of this
	404	+	subsection by the number of months the member did not fulfill the
392	405		requirements of paragraph 4 of subsection F of this section.
393	406		Repayments shall be deposited into the Oklahoma National Guard
394	407		Educational Assistance Revolving Fund created pursuant t o Section 2
395	408		3232 of this act title and the Oklahoma National Guard Educational
396	409		Certificate Program Assistance Revolving Fund created pursuant to
397	410		Section 3 of this act.
398	411		J. An eligible Guard member who has received Program assistance
399	412		pursuant to the provisi ons of this section and who fails to comply
400	413		with the provisions of paragraph 4 of subsection F of this section
401	414		due to hardship circumstances may reques t a waiver from repayment.
402	415		A waiver request shall be submitted in writing to the Adjutant
403	416		General.
404	417		K. By July 1 annually, the Oklahoma State Regents for Higher
405	418		Education and the State Board of Ca reer and Technology Education
406		-	shall notify the Adjutant Gen eral of the amount of funding ava ilable
407		-	in the Oklahoma National Guard Educational Assistance Revolving F und
408		-	created pursuant to Section 2 3232 of this act title and the
409		-	Oklahoma National Guard Educational Certificate Program Assistance
410		-	Revolving Fund created pursuant to Section 3 of this act.
411		-	L. The Oklahoma State Regents for Higher Education and the
412		-	State Board of Career and Technology Education shall promulgate
413		-	rules to implement th e provisions of this act the Oklahoma National
414		-	Guard Educational Assistance Act including deadlines for submission
415		-	of applications required by subsection G of t his section. The
416	419
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442		-	Adjutant General may promulgate regulations to impleme nt the
443		-	provisions of this act the Oklahoma National Guard Educational
444		-	Assistance Act.
	445	+	shall notify the Adjutant Gen eral of the amount of funding ava ilable
	446	+	in the Oklahoma National Guard Educational Assistance Revolving F und
	447	+	created pursuant to Section 2 3232 of this act title and the
	448	+	Oklahoma National Guard Edu cational Certificate Program Assistance
	449	+	Revolving Fund created pursuant to Section 3 of this act.
	450	+	L. The Oklahoma State Regents for Higher Education and the
	451	+	State Board of Career and Technology Education shall promulgate
	452	+	rules to implement the provisions of this act including deadlines
	453	+	for submission of applicati ons required by subsection G of t his
	454	+	section. The Adjutant General may promulgate regulations to
	455	+	implement the provisions of this act.
445	456		SECTION 3. NEW LAW A new section of law to be codified
446	457		in the Oklahoma Statutes as Section 3232. 1 of Title 70, unless there
447	458		is created a duplication in numbering, reads as follows:
448	459		There is hereby created in the State Treasury a revolving fund
449	460		for the State Board of Career and Technology Educ ation to be
450		-	designated the “Oklahoma National Guard Educati onal Certificate
451		-	Program Assistance Revolving Fund”. The fund shall be a continuing
	461	+	designated the "Oklahoma National Guard Educati onal Certificate
	462	+	Program Assistance Revolving Fund". The fund shall be a continuing
452	463		fund, not subject to fis cal year limitations, and shall consist of
453	464		all monies received by the State Board of Car eer and Technology
454	465		Education from state appropriations. Al l monies accruing to the
455	466		credit of the fund are hereby appropriated and may be budgeted a nd
456	467		expended by the State Board of Career and Technology Education for
457	468		the purpose of providing assistance to eligible Oklahoma National
458		-	Guard members pursuant to the p rovisions of Section 3231 of Title 70
459		-	of the Oklahoma Statutes. Expenditures from the fu nd shall be made
460		-	upon warrants issued by the State Treasurer against claim s filed as
461		-	prescribed by law with the Director of the Office o f Management and
462		-	Enterprise Services for approval and payment.
463		-	SECTION 4. This act shall become effective July 1, 2023.
464		-	SECTION 5. It being immediately necessary for the preservatio n
465		-	of the public peace, health or safety, an emergency is hereby
466	469
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	495	+	Guard members pursuant to the p rovisions of Section 3231 of Title 70
	496	+	of the Oklahoma Statutes. Expenditures from the fu nd shall be made
	497	+	upon warrants issued by the State Treasurer against claim s filed as
	498	+	prescribed by law with the Director of the Office of Management and
	499	+	Enterprise Services for approval and payment.
	500	+	SECTION 4. This act shall become effecti ve July 1, 2023.
	501	+	SECTION 5. It being immediately necessar y for the preservation
	502	+	of the public peace, health, or safety, an emergency is hereby
	503	+	declared to exist, by reason whereof this act shall take effect and
	504	+	be in full force from and af ter its passage and approval."
	505	+	Passed the House of Representatives the 27th day of April, 2023.
	506	+
	507	+
	508	+
	509	+
	510	+
	511	+	Presiding Officer of the House of
	512	+	Representatives
	513	+
	514	+
	515	+	Passed the Senate the ____ day of _______ ___, 2023.
	516	+
	517	+
	518	+
	519	+
	520	+
	521	+	Presiding Officer of the Senate
	522	+
	523	+
	524	+	ENGR. S. B. NO. 654 Page 1 1
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	549	+	ENGROSSED SENATE
	550	+	BILL NO. 654 By: Rosino of the Senate
	551	+
	552	+	and
	553	+
	554	+	Burns of the House
	555	+
	556	+
	557	+
	558	+
	559	+	An Act relating to postsecondary education; creating
	560	+	the Captain Steven L. Farley Golds tar Families Act;
	561	+	providing short titl e; providing certain tuition
	562	+	waivers for surviving spouses and children of certain
	563	+	military members killed after certain date; providing
	564	+	eligibility; providing retention eligibility;
	565	+	directing certain federal benefits to be exhausted
	566	+	prior to waiving of ce rtain tuition; providing for
	567	+	promulgation of rules; providing for codification;
	568	+	providing an effective date; and declaring an
	569	+	emergency.
	570	+
	571	+
	572	+
	573	+
	574	+
	575	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	576	+	SECTION 6. NEW LAW A new sect ion of law to be codified
	577	+	in the Oklahoma Statutes as Section 3234 of Title 70, unless there
	578	+	is created a duplication in numb ering, reads as follows:
	579	+	A. This act shall be known and may be cited as the “Captain
	580	+	Steven L. Farley Goldstar Families A ct”.
	581	+	B. The surviving spouse and ch ildren of a member of any branch
	582	+	of the United States Armed Forces who was killed in action or killed
	583	+	in the performance of his or her duty after September 11, 20 01,
	584	+	shall be eligible for a waiver of:
	585	+
	586	+	ENGR. S. B. NO. 654 Page 2 1
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	610	+
	611	+	1. Undergraduate resident tuition at institutions with in The
	612	+	Oklahoma State System of Higher Education. A student shall be
	613	+	eligible for a tuition waiver for up to five (5) years or completion
	614	+	of the requirements for a baccalaureate degree, wh ichever comes
	615	+	first; or
	616	+	2. Resident tuition for a postsecondary pr ogram at a technology
	617	+	center school operating under the State Board of Career and
	618	+	Technology Education. Students shall be eligible for a tuition
	619	+	waiver for up to five (5) years or completi on of a certificate,
	620	+	whichever comes first.
	621	+	C. To be eligible for a tuition waiver, a student shall:
	622	+	1. Be a resident of this state; and
	623	+	2. Have secured admission to and enrolled in a n institution
	624	+	within The Oklahoma State System of Higher Education or a
	625	+	postsecondary program at a technology center school operating under
	626	+	the State Board of Career and Technology Education.
	627	+	D. To retain eligibility for a tuition waiver , the student
	628	+	shall maintain good academic standing and s atisfactory progress
	629	+	according to standards of the Oklahoma State Regen ts for Higher
	630	+	Education or the State Board of Career and Technology Education .
	631	+	E. A student seeking a tuition waiver pur suant to this section
	632	+	who is eligible for federal education benefits shall exhaust all
	633	+	available federal benefits. Any amount of tuiti on owed after
	634	+
	635	+	ENGR. S. B. NO. 654 Page 3 1
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	660	+	federal benefits are exhausted shall be waived by the institution of
	661	+	higher education or the technology center school.
	662	+	F. The Oklahoma State Regents for Higher Education and the
	663	+	State Board of Career a nd Technology Education shall promulgate
	664	+	rules to implement the provisions of this section.
	665	+	SECTION 7. This act shall become effective July 1, 2023.
	666	+	SECTION 8. It being immediately necessary for the preservation
	667	+	of the public peace, health, or safety, an emergency is hereby
492	668		declared to exist, by reason whereof this act shall take effect and
493	669		be in full force from and after its passage and approval.
	670	+	Passed the Senate the 8th day of March, 2023.
494	671
495		-	59-1-2222 KR 5/22/2023 1:00:41 PM
	672	+
	673	+
	674	+	Presiding Officer of the Senate
	675	+
	676	+
	677	+	Passed the House of Representatives the ____ day of __________,
	678	+	2023.
	679	+
	680	+
	681	+
	682	+	Presiding Officer of the House
	683	+	of Representatives
	684	+
	685	+