1 STATE OF OKLAHOMA
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2 2nd Session of the 58th Legislature (2022)
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3 SENATE BILL 1418 By: David
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6 AS INTRODUCED
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7 An Act relating to higher education; creating the
7 Oklahoma National Guard Educational Assistance Act;
8 providing short title; providing definitions;
8 creating the Oklahoma National Guard Educational
9 Assistance Program to provide tuition and fee
9 assistance to certain eligible members; providing for
10 amount of assistance subject to availability of
10 funding; limiting assistance to certain number of
11 credit hours; providing for eligibility; providing
11 eligibility retention requirements; providing
12 application process; allowing denial of continued
12 assistance for failure to meet certain requirements;
13 requiring repayment of assistance for failure to meet
13 certain requirement; providing for calculation of
14 repayment amount; allowing for application of
14 hardship waiver; directing certain notification on
15 available funding; providing for promulgation of
15 rules and regulations; creating the Oklahoma National
16 Guard Educational Assistance Revolving Fund;
16 specifying source of fund; providing for
17 expenditures; providing purpose of fund; providing
17 for codification; providing an effective date; and
18 declaring an emergency.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 3231 of Title 70, unless there
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23 is created a duplication in numbering, reads as follows:
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1 A. This act shall be known and may be cited as the “Oklahoma
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2 National Guard Educational Assistance Act”.
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3 B. As used in this act:
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4 1. “Oklahoma educational institution” means an institution of
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5 higher education within The Oklahoma State System of Higher
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6 Education;
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7 2. “Eligible Guard member” means a current member of the
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8 Oklahoma National Guard in good standing who has a high school
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9 diploma or who has completed General Educational Development (GED)
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10 requirements and who has secured admission to and enrolled in an
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11 Oklahoma educational institution;
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12 3. “Graduate program” means a program offered by an Oklahoma
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13 educational institution that leads to the award of a master’s
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14 degree;
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15 4. “Program” means the Oklahoma National Guard Educational
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16 Assistance Program established pursuant to the provisions of this
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17 section; and
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18 5. “Undergraduate program” means a program offered by an
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19 Oklahoma educational institution that leads to the award of an
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20 associate’s degree or a baccalaureate degree.
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21 C. There is hereby created the Oklahoma National Guard
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22 Educational Assistance Program to provide assistance to eligible
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23 Guard members who enroll in an Oklahoma educational institution.
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24 Subject to the availability of funds, the amount of assistance shall
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1 be equivalent to the amount of resident tuition, mandatory fees, and
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2 academic service fees for courses in which the eligible Guard member
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3 is enrolled, not to exceed a maximum of eighteen (18) credit hours
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4 each semester.
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5 1. The amount of assistance provided to an eligible Guard
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6 member enrolled in an undergraduate program shall not exceed a
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7 maximum of one hundred twenty (120) credit hours in pursuit of an
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8 associate’s degree and/or a baccalaureate degree.
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9 2. Subject to the assistance for eligible Guard members
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10 enrolled in undergraduate programs being fully funded, assistance
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11 shall be provided to an eligible Guard member with a baccalaureate
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12 degree enrolled in a graduate program. The amount of assistance
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13 provided to an eligible Guard member enrolled in a graduate program
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14 shall not exceed a maximum of forty (40) credit hours in pursuit of
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15 a master’s degree.
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16 3. Assistance provided pursuant to this section shall be
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17 granted without any limitation other than the amount of funds
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18 available for the Program and the number of eligible Guard members
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19 who apply.
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20 4. Assistance allowed by this section shall not be allowed for
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21 courses taken in excess of the requirements for completion of an
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22 undergraduate program or a graduate program, whichever is applicable
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23 for the eligible Guard member.
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1 D. Assistance provided pursuant to this section shall be
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2 allocated to the Oklahoma educational institution from the Oklahoma
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3 National Guard Educational Assistance Revolving Fund created
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4 pursuant to Section 2 of this act.
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5 E. To be eligible to apply for the Program, an eligible Guard
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6 member shall:
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7 1. Have at least one (1) year remaining on his or her
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8 enlistment contract at the beginning of any semester for which the
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9 member applies for assistance pursuant to this section;
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10 2. Agree in writing to complete his or her current service
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11 obligation in the Oklahoma National Guard; and
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12 3. Agree in writing to serve actively in good standing with the
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13 Oklahoma National Guard for not less than twenty-four (24) months
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14 after completion of the last semester for which the member receives
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15 assistance pursuant to this section.
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16 F. To retain eligibility for the Program, an eligible Guard
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17 member shall:
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18 1. Maintain good academic standing and satisfactory academic
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19 progress according to standards of the Oklahoma educational
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20 institution in which the member is enrolled;
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21 2. Maintain the requirements for retention and degree
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22 completion as established by the Oklahoma educational institution in
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23 which the member is enrolled;
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1 3. Maintain a minimum grade point average of 2.0 on a 4.0
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2 scale; and
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3 4. Maintain satisfactory participation in the Oklahoma National
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4 Guard.
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5 G. An eligible Guard member seeking assistance pursuant to the
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6 provisions of this section shall submit an application on a form
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7 prescribed by the Military Department of the State of Oklahoma to
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8 the Educational Service Office of the Military Department prior to
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9 the semester for which assistance is sought. The eligible Guard
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10 member’s Commander or his or her designee shall confirm a member’s
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11 standing and eligibility to the Oklahoma educational institution in
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12 which the student is enrolled.
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13 H. The eligible Guard member’s Commander may deny an
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14 application submitted by an eligible Guard member for continued
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15 Program assistance if he or she fails to comply with the provisions
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16 of paragraph 1, 2, or 3 of subsection F of this section.
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17 I. An eligible Guard member who has received Program assistance
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18 pursuant to the provisions of this section and who fails to comply
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19 with the provisions of paragraph 4 of subsection F of this section
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20 shall be required to repay an amount to be calculated as follows:
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21 1. Determine the total amount of assistance provided pursuant
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22 to the provisions of this section;
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23 2. Divide the amount determined in paragraph 1 of this
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24 subsection by twenty-four (24); and
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1 3. Multiply the amount determined in paragraph 2 of this
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2 subsection by the number of months the member did not fulfill the
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3 requirements of paragraph 4 of subsection F of this section.
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4 Repayments shall be deposited into the Oklahoma National Guard
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5 Educational Assistance Revolving Fund created pursuant to Section 2
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6 of this act.
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7 J. An eligible Guard member who has received Program assistance
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8 pursuant to the provisions of this section and who fails to comply
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9 with the provisions of paragraph 4 of subsection F of this section
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10 due to hardship circumstances may request a waiver from repayment.
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11 A waiver request shall be submitted in writing to the Adjutant
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12 General.
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13 K. By July 1 annually, the Oklahoma State Regents for Higher
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14 Education shall notify the Adjutant General of the amount of funding
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15 available in the Oklahoma National Guard Educational Assistance
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16 Revolving Fund created pursuant to Section 2 of this act.
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17 L. The Oklahoma State Regents for Higher Education shall
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18 promulgate rules to implement the provisions of this act including
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19 deadlines for submission of applications required by subsection G of
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20 this section. The Adjutant General may promulgate regulations to
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21 implement the provisions of this act.
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22 SECTION 2. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 3232 of Title 70, unless there
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24 is created a duplication in numbering, reads as follows:
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1 There is hereby created in the State Treasury a revolving fund
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2 for the Oklahoma State Regents for Higher Education to be designated
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3 the “Oklahoma National Guard Educational Assistance Revolving Fund”.
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4 The fund shall be a continuing fund, not subject to fiscal year
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5 limitations, and shall consist of all monies received by the
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6 Oklahoma State Regents for Higher Education from state
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7 appropriations. All monies accruing to the credit of the fund are
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8 hereby appropriated and may be budgeted and expended by the Oklahoma
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9 State Regents for Higher Education for the purpose of providing
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10 assistance to eligible Guard members pursuant to the provisions of
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11 Section 1 of this act. Expenditures from the fund shall be made
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12 upon warrants issued by the State Treasurer against claims filed as
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13 prescribed by law with the Director of the Office of Management and
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14 Enterprise Services for approval and payment.
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15 SECTION 3. This act shall become effective July 1, 2022.
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16 SECTION 4. It being immediately necessary for the preservation
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17 of the public peace, health or safety, an emergency is hereby
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18 declared to exist, by reason whereof this act shall take effect and
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19 be in full force from and after its passage and approval.
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21 58-2-2540 EB 1/19/2022 2:59:50 PM
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