Req. No. 6152 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2663 By: Steagall AS INTRODUCED An Act relating to higher education; amending 70 O.S. 2021, Section 3247, as amende d by Section 1, Chapter 210, O.S.L. 2022 (70 O.S. Su pp. 2022, Section 3247), which relates to in-state tuition eligibility for certain family members and members of the Armed Forces; deleting time limitation for enrollment; updating statutory reference to federal code; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 3247, as amended by Section 1, Chapter 210, O.S.L. 2022 (70 O.S. Supp. 2022, 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 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 S tates on full-time active duty status of more than thirty (30) days and for whom Oklahoma is the home of record; Req. No. 6152 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Dependent child or spouse of a person currently serving as a member of the military reserve on act ive duty orders 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, 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 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 R eserve 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 retention s tandards as determined by the Oklahoma State Regents for Higher Education for an institution within The Oklahoma State System of Higher Education; and Req. No. 6152 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 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) 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, 31, 33, or 35 of Title 38 of the United Stat es 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 fewe r than ninety (90) days of active duty uniformed services, and Req. No. 6152 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 fe wer than ninety (90) days of active duty uniformed s ervices. 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 f or 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 i nstitution within The Oklahoma Sta te System of Higher Education. E. A student who mee ts the eligibility requirements for in - state status shall maintain in -state status if the student remains continuously enrolled at an institution within The Oklahoma Stat e System of Higher Education after the student: 1. As described in paragraphs paragraph 1, 2 or, 3, or 4 of subsection A or paragraph 1 or 2 of subsection C 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 1 and 2 of subsection C of this section exceeds the five-year period after being discharged or released from active duty uniformed service; Req. No. 6152 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. As described in paragraph 1 of subsection C of this section has exhausted education assistance prov ided under Chapter 30 or, 31, 33, or 35 of Title 38 of the United States Code; or 4. 3. 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 Stat es 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 State Regents for Higher Education shall develop policies and procedures necessary to imple ment the provisions of this section. SECTION 2. It being immediat ely necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this a ct shall take effect and be in full force from and a fter its passage and approval. 59-1-6152 EK 01/04/23