SENATE FLOOR VERSION - SB167 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 28, 2023 AS AMENDED SENATE BILL NO. 167 By: Haste An Act relating to higher education; providing legislative findings ; amending 70 O.S. 2021, Section 3213.1, which relates to the University Center at Ponca City; removing language granting Northern Oklahoma College certain exclusive authority; updating reference; amending 70 O.S. 2021, Section 3405.1, which relates to availability of courses in Muskogee; allowing certain institution to offer lower division classes; amending 70 O.S. 2021, Section 4662, which relates to Oklahoma State University- Tulsa; allowing the institution to offer certain lower division courses ; amending 70 O.S. 2021, Section 4667, which relates to the Langston University Branch in Tulsa; updating statutory reference; allowing the institution to offer certain lower division courses; removing language prohi biting Oklahoma State Univer sity-Tulsa from duplicating certain programs offered by the Langston University Branch in Tulsa; amending 70 O.S. 2021, Section 4668, which relates to the Northeastern State University branch in Broken Arrow; allowing the institution to offer certain lower division courses; removing language prohibiting Oklahoma State Univer sity-Tulsa from duplicating certain programs offered by the Northeastern State University branch in Broken Arrow; clarifying references; amending 70 O.S. 2021, Section 4669, which relates to Rogers State University; removing language directing the institution to contract specifically with certain institution; repealing 70 O.S. 2021, Section 4665, which relates to prohibiting duplication of certain courses offered by Tulsa Community C ollege; updating statutory language; providing for noncodification; providing an effective date; and declarin g an emergency. SENATE FLOOR VERSION - SB167 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: The Legislature finds that barriers restricting the offering of courses at some institutions of higher education within Th e Oklahoma State System of Higher Education are no longer necessary; therefore, it is recommended tha t the State Regents for Higher Education exercise all powers necessary or convenient to accom plish the purposes and objectives of Article XIII-A of the Oklahoma Constitution and review all applicable poli cies related to degree program offerings and expedite its degree program approval process to maximize availability of postsecondary education options in this state. SECTION 2. AMENDATORY 70 O.S. 2021, Section 3213.1, is amended to read as follows: Section 3213.1. A. The Oklahoma State Regents for Higher Education shall make educational program resources at institutions in The Oklahoma State System of Higher Education available to t he people in the Ponca City area. This program shall be known as th e University Center at Ponca City. B. The State Regents shall d raw upon the educational programs of institutions best suited to provide the kind of educational programs needed and shall, in pursuance of Article XIII-A of the Constitution of Oklahoma and a ppropriate statutes, set the standards SENATE FLOOR VERSION - SB167 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of education as they rela te to the programs operated to assure that credits earned by students will be fully accepted at institutions of higher education to which the students may transfer the credit to apply toward an educational study objective. Northern Oklahoma College shall have exclusive authority to offer all lower division courses and programs at the University Center at Ponca City as listed in the current college catalog of Northern Oklahoma College. C. The State Regents may establish appropriate funds and accounts, including a revolving fund , in the Office of State Finance Office of Management and Enterprise Services for servicing the fiscal operations of the University Center at Ponca City. The funds and accounts shall be subject to the direct supervision, management, and control of the board of trustees created by subsection D of this section. The people locally shall provide suitable phy sical plant accommodations for the University Center at Ponca City. D. There is hereby created a board of nine (9) trustees to be appointed by the Governor by and with the consent of the Senate to serve as the administrative agency for the University Center at Ponca City. The board shall be a body corporate and shall ado pt and use an official seal. The board so created shall have th e authority to submit a budget annually to the Oklahoma State Regents for Higher Education, administer monies budgeted by th e State Regents, provide educational facilities, recommend courses a nd programs to be offered by participating institutions, select a chief executive officer SENATE FLOOR VERSION - SB167 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 whose duties include the general coo rdination of approved programs and services, and the selection of other appropriate nonteaching personnel. The board of trustees is authorized to expend all monies allocated to the University Center at Ponca City as may be necessary to perform the duties and responsibilities imposed upon the board by this section. For purposes of acquiring and taking title to real and personal property from sources other than state appropriations, the board is authorized to enter into contracts and to adopt rules and regulations pertaining to such actions. The initial nine (9) members shall serve their terms for the period to which originally appointed, in numbered positions having dates of expiration identical to the dates of expiration of the original appointments: Position No. 1. The term of office of one member shall expire on June 30, 2013, and each nine (9) years thereafter; Position No. 2. The term of office of one member shall expire on June 30, 2014, and each nine (9) years thereafter; Position No. 3. The term of office of one member shall expire on June 30, 2015, and each nine (9) years thereafter; Position No. 4. The term of office of one member shall expire on June 30, 2016, and each nine (9) year s thereafter; Position No. 5. The term of office of one membe r shall expire on June 30, 2017, and each nine (9) years there after; Position No. 6. The term of office of one member shall expir e on June 30, 2018, and each nine (9) years thereafter; SENATE FLOOR VERSION - SB167 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Position No. 7. The term of office of one member shall expire on June 30, 2019, and each nine (9) years thereafter; Position No. 8. The term of office of one member shall expire on June 30, 2020, and each nine (9) years thereafter; and Position No. 9. The term of office of one member shall expi re on June 30, 2021, and each nine (9) years thereafter. The board shall organize and elec t a chair, vice-chair vice chair, and secretary annually. E. The board of trustees may establish and maintain plans for tenure and retirement of its employees and for payment of deferred compensation of employees and may provide hospital and medical benefits, accident, health and life insurance, and annuity contracts for employees and pay for all or part of the cost with funds available for payment of its operating expenses. F. The board may establish with the State Treasurer any accounts as are necessary to operate retirement, deferred compensation, or benefits plans for its employees. The accounts shall be revolving funds not subje ct to fiscal year limit ations. Funds deposited in the accounts may be invested in any of the types of instruments in which the State Treasurer is authorized by law to invest. SECTION 3. AMENDATORY 70 O.S. 2021, Section 3405.1, is amended to read as follow s: SENATE FLOOR VERSION - SB167 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 3405.1. A. The Oklahoma S tate Regents for Higher Education shall make resident college credit courses and programs available to the people of Muskogee. B. The Oklahoma State Regents for Higher Education shall provide lower division classes and p rograms through a branch of Connors State College, which shall be established and located in Muskogee. The branch campus of Connors State College shall be governed by the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges and administe red through Connors State College. C. The Oklahoma State Regents for Higher Education shall provide upper division classes and programs and graduate classes at the Masters level and may offer lower division classes and programs through a branch of Northea stern State University, which shall be established and located at Muskogee. The branch campus of Northeastern State University shall be governed by the Board of Regents of Oklahoma Colleges and administered through Northeastern State University. SECTION 4. AMENDATORY 70 O.S. 2021, Section 4662, is amended to read as follows: Section 4662. On January 1, 1999, there shall be established as a successor to Rogers University in Tulsa a bra nch institution of Oklahoma State University which sh all be known as Oklahoma State University/Tulsa Oklahoma State University -Tulsa and shall offer upper division undergraduate courses and baccalaureate degree SENATE FLOOR VERSION - SB167 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 programs and may offer lower d ivision undergraduate courses a nd baccalaureate degree programs. No later than July 1, 2001, the Board of Regents for the Oklahoma Agricultural and Mechanica l Colleges, in cooperation with the Oklahoma State Regents for Hi gher Education, shall have developed and implemented programs le ading to baccalaureate degrees that c an be earned at Oklahoma State University/Tulsa Oklahoma State University -Tulsa. Beginning with the 2001 - 2002 academic year, degrees earned at Oklahoma State University/Tulsa Oklahoma State University -Tulsa shall be designated as awarded by the Oklahoma State Regents for Higher Education acting through Oklahoma State University; provided tha t dual degree programs may be offer ed at Oklahoma State University/Tulsa Oklahoma State University-Tulsa and dual degrees may be awarded through Oklahoma State University and other institutions. SECTION 5. AMENDATORY 70 O.S. 2021, Section 4667, is amended to read as follows: Section 4667. On July 1, 2001, there shall be established a branch of Langston Uni versity within the Tulsa metropolitan area consistent with the statewide plan for Langston University as provided in Section 6 of this act Section 4666 of this title . Langston University shall continue to meet the missions and programs of the Langston Urban Center in Tulsa. The Oklahoma Sta te Regents for Higher Education are authorized to make lower division and upper division undergraduate and graduate course offerings at the Langston SENATE FLOOR VERSION - SB167 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 University Branch in Tulsa available as the State Regents shall determine are appropriate. Undergraduate degree programs offered through Oklahoma State University/Tulsa shall not du plicate those undergraduate degree programs offered by Langston University Branch in Tulsa, as determined by the Oklahoma State Regents for High er Education and shall be consistent with and in furthering implementation of the statewide plan for Langston Un iversity as developed by the State Regents pursuant to Section 6 of this a ct and filed with the Office for Civil Rights, United States Departmen t of Education. The Oklahoma State Regents for Higher Education s hall fund Langston University at a level not le ss than its fiscal year 1998 level, and its Education and General Budget shall be held harmless from reductions in succeeding yea rs. The Oklahoma State Regents for Higher Education shall allocate funds to Lan gston University sufficient to fund full time f aculty in Tulsa at a level equal to seventy percent (70%) of its faculty l evel that existed in Tulsa in fiscal year 1998 and adeq uate building and classroom space which were funded in fiscal year 1998 in order to carry out all functions in Tulsa. The Board of Regents for the Oklahoma Agricultural and Mechanical Colleges shall a llocate space for Langston University in Tulsa. It is the intent of the Legislature that Langston Universit y be funded at a level consi stent with the average allocation and SENATE FLOOR VERSION - SB167 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 allotment of the institutions in the regional funding tier as established by the Ok lahoma State Regents for Hig her Education. Beginning with the 2001 - 2002 academic year, degrees earned at Langston University Branch i n Tulsa shall be designated as awarded by the Oklahoma State Regents for Higher Education acting through Langston University. SECTION 6. AMENDATORY 70 O.S. 2021, Sec tion 4668, is amended to read as foll ows: Section 4668. On July 1, 2001, there may be established a branch of Northeastern State University within the Tulsa metropolitan area. The Oklah oma State Regents for Higher Education are authorized to make lower division and upper division undergraduate and graduate course offe rings at the Northeastern State University bran ch in Broken Arrow available as the State Regents shall determine are appropriate. Undergraduate degree programs offered through Oklahoma State University/Tulsa shall not duplicate those undergraduate degree programs offered by Northeastern State University in Tulsa, as determined by the Oklahoma State Regents for Higher Education. The Oklahoma State Regents for Higher Education shall fund Northeastern State University at a level not less than its fiscal year 1998 level, and its Education and General Budget shall be held harmless from reductions in succeeding years. SENATE FLOOR VERSION - SB167 SFLR Page 10 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 It is the intent of the Legis lature that Northeastern State University in Broken Arrow be funded at a level consistent with the average allocation and allotment of the institutions in the regional funding tier as established by the Oklahoma State Regents for Higher Education. Beginning with the 2001 - 2002 academic year, degrees earned at the Northeastern State University Branch branch in Tulsa Broken Arrow shall be designated as awarded by the Oklahoma State R egents for Higher Education acting throug h Northeastern State University. SECTION 7. AMENDATORY 7 0 O.S. 2021, Section 4669, is amended to read as follows: Section 4669. A. On January 1, 1999, there shall be created in Claremore, Oklahoma, and its other regionally accre dited sites, as a successor to the Claremore campus of Rogers University, an institution of higher education to be known as Rogers State University. Rogers State University shall programmatically and budgetarily function as a regional institution within T he Oklahoma State System of High er Education, yet with a community college component. It shall be authorized to offer no less than the average number of programs and courses of study at other regional institutions of similar size and enrollment. B. Rogers State University shall operate as an institution within The Oklahoma State Syste m of Higher Education and shall be governed by the Board of Regents of the University of Oklahoma. The SENATE FLOOR VERSION - SB167 SFLR Page 11 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 president of Rogers State Uni versity shall report directly to the Board of Regents of the University o f Oklahoma. C. It is the intent of the Legislatur e that Rogers State University be funded initially at a level consisten t with the average allocation and allotment of the institution s in the regional funding tier as establi shed by the Oklahoma State Regen ts for Higher Education. D. The Legislature recog nizes the decision of the State Regents, pursuant to the powers vested in the State Regents by Section 2 of Article XIII -A of the Oklahoma Constitution, to change the function of Rogers State University, fo rmerly known as the Claremore campus of Rogers Uni versity, to include a four-year baccalaureate and graduate degree grant ing function, as quickly as that can be done, giving due consi deration to the protection of the institution’s regional accreditation st atus. The State Regents will provide an annual re port on the transition in Rogers State University function to the Gover nor, the Speaker of the House of Representatives, and the Pres ident Pro Tempore of the Senate, beginning on January 1, 2000, and contin uing until Rogers State University is regionally a ccredited as a four-year baccalaureate and graduate degree granting ins titution. E. Rogers State University shall maintain a communi ty college component within the universit y and shall maintain admission standards, academic policies, and practices for the community SENATE FLOOR VERSION - SB167 SFLR Page 12 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 college component consistent with those approved for associa te degree granting institutions by the Oklahoma State Regents for Higher Education. F. Rogers State University is hereby authorized to contract with other regionally accredited institu tions of higher education, specifically including Northeastern State Un iversity, for the delivery of courses and programs at any loca tion where Rogers State University is authorized to deliver courses or pr ograms. This authorization shall still remain in force after Rogers State University gains regional accreditation for up per division programs. SECTION 8. REPEALER 70 O.S. 2021, Section 4665, is hereby repealed. SECTION 9. This act shall become effective July 1, 2023. SECTION 10. It being immediately necessary for the preservation of the public peace, health, or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passa ge and approval. COMMITTEE REPORT BY: COMMITTEE ON EDUCATION February 28, 2023 - DO PASS AS AMENDED