[Oasfaa] State Legislative Update
Fair, Bryce
bfair at osrhe.edu
Tue Apr 19 14:43:06 CDT 2011
Last Thursday, April 14, was the deadline for bills to pass out of
committee in the house opposite of their origin (House bills out of
Senate committee and vice-versa). Following is the status of the bills
we are tracking.
Bills Pending Governor's action:
One bill we are tracking has passed the House and Senate and has now
been sent to the Governor for her consideration:
* HB 1421 - (Rep. Dennis Casey, R - Morrison and Sen. Jim
Halligan, R - Stillwater) - The bill will require all OKPromise students
to meet federal satisfactory academic progress (SAP) standards beginning
in 2012-13 (as originally introduced, the bill would have required
OKPromise college students to repay awards for courses from which the
student withdrew after the add/drop deadline or if the student received
a failing grade, but this language was removed in the committee
process). Based on a recent survey of institutions, it is estimated
that about 500 OKPromise students (out of about 20,000) could lose their
eligibility for the award. The bill passed the House 70-27 on March 10
and passed the Senate 39-0 on April 14. The bill was sent to Governor
Fallin on April 18. The Governor has five days to act on the bill.
Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/hB/HB1421%20ENR.DOC
Bills Still Alive:
Oklahoma's Promise:
* SB 610 (Sen. John Ford, R - Bartlesville and Rep. Todd
Thomsen, R - Ada) - as introduced, the bill would change the definition
of income counted toward the $100,000 2nd income limit applied at the
time the OKPromise student begins college from all "taxable and
nontaxable" income to "federal adjusted gross income." As amended in
Senate committee, the bill would also delay the implementation of
statutory OKPromise college GPA requirements (which include a 2.5 GPA
requirement for courses taken as a junior and above that we project
could eliminate the award for about 18% of OKPromise college juniors)
until 2012 so that the requirements don't apply to students that were
already enrolled in the program before this new law was passed. The
bill was further amended on the Senate floor (the amendment was
unrelated to OKPromise) and passed 43-1 on March 16. The bill will next
be assigned to a committee in the House. The bill passed the House
Higher Education Committee (where the Senate floor amendment was
removed) and is now pending action on the House floor. Current bill
text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/HFLR/SB610%20HFLR.DOC
* SB 825 (Sen. Susan Paddack, D - Ada and Rep. Steve Kouplen, D
- Beggs) - would allow students living in a licensed, nonprofit
residential child care facility (like the Tipton children's home,
Baptist children's homes, etc.) to enroll in the OKPromise program in
the 8th-10th grades without determination of financial qualification.
The bill passed the Senate 46-0 on March 14, passed the House
Appropriations and Budget Committee, and is now pending action on the
House floor. Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/HFLR/SB825%20HFLR.DOC
* HB 1343 - (Rep. Eric Proctor, D - Tulsa and Sen. Tom Ivestor,
D - Elk City) - as introduced, the bill would have provided a tuition
waiver at state system institutions for the surviving spouse or child of
any member of the U.S. Armed Forces who was killed in the line of duty.
However, the bill was amended in committee to provide eligibility for
Oklahoma's Promise for the children of any person in the U.S. Armed
Forces killed in the line of duty after January 1, 2000. The amended
version passed the House floor 77-0 on March 17, passed the Senate
Appropriations Committee, and is now pending action on the Senate floor.
Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/SFLR/HB1343%20SFLR.DO
C
Resident Tuition:
* SB 251 (Sen. Steve Russell, R - Oklahoma City and Rep. Paul
Wesselhoft, R - Moore) - would provide resident tuition rates at state
system institutions and career technology centers for members of the
U.S. Armed Services serving in Oklahoma, whether on active duty, guard,
or reserve status, regardless of the service members residence status.
The bill passed the Senate 44-0 on March 14, passed the House
Appropriations and Budget Committee, and is now pending action on the
House floor. Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/HFLR/SB251%20HFLR.DOC
Undocumented Immigrant Students:
* HB 1446 (Rep. George Faught, R - Muskogee and Sen. Ron
Justice, R - Chickasha) The bill includes a provision that would repeal
the eligibility of certain undocumented immigrant students to qualify
for resident tuition at state system institutions (currently, students
must live in Oklahoma with their parents or guardians for at least two
years prior to graduating high school to qualify for resident tuition).
The bill passed the House 85-7 on March 10, passed the Senate
Appropriations Committee, and is now pending action on the Senate floor.
Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/SFLR/HB1446%20SFLR.DO
C
Bills now Dormant for the Session (failed to meet April 14 deadline):
* HB 1663 - (Rep. Leslie Osborn, R - Tuttle and Sen. John Ford,
R - Bartlesville) - as introduced, the bill would lower the second
income limit applied at the time the OKPromise student enters college
(which is scheduled to first go into effect for 2012 OKPromise high
school graduates) from $100,000 to $75,000; would require OKPromise
college students to submit annually a federal financial aid application
to be used to determine their financial qualification. As amended in
committee, the bill would delay the implementation of the change in the
second income limit until 2016 so that the change does not apply to any
students already enrolled in the program. The amended version passed
the House floor 82-15 on March 9 and has been assigned to the Senate
Education Committee. The bill was not heard in the Senate Education
Committee. Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/hB/HB1663%20ENGR.DOC
* SB 55 (Sen. Anthony Sykes, R - Moore and Rep. Mike Christian,
R - Oklahoma City) - Resident tuition for nonresident grandchildren:
would allow a nonresident student to qualify for resident tuition at a
state system institution if the student is a US citizen and has a
grandparent that is a resident of Oklahoma (and US citizen) who has
filed a tax return with the Oklahoma Tax Commission for the ten (10)
years prior to the student's application. The bill passed the Senate
42-0 on March 15, but was not heard in the House Rules committee.
Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/SB/SB55%20ENGR.DOC
* SB 683 (Sen. Anthony Sykes, R - Moore and Rep. Mike Christian,
R - Oklahoma City) - would repeal the eligibility for certain
undocumented immigrant students to qualify for resident tuition at state
system institutions. The bill passed the Senate 32-13 on March 16 but
was not heard in the House Appropriations and Budget Committee. Current
bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/SFLR/SB683%20SFLR.DOC
In addition, the legislative update below from the State Regents'
legislative liaison reflects the current status of major legislation
concerning Higher Education during the week of April 11 -15, 2011.
Bryce Fair
Associate Vice Chancellor for Scholarships & Grants
Oklahoma State Regents for Higher Education
Phone: 405-225-9162
Fax: 405-225-9392
e-mail: bfair at osrhe.edu <mailto:bfair at osrhe.edu>
Mailing address:
P.O. Box 108850
Oklahoma City, OK 73101-8850
Street address:
655 Research Parkway, Suite 200
Oklahoma City, OK 73104
======================================================================
The update below reflects the current status of major legislation
concerning Higher Education during the week of April 11, 2011 - April
15, 2011.
Legislative Update
April 11th-April 15th
Appropriations
No pending legislation at this time.
CIO
HB 1304// Representative David Derby and Senator Clark Jolley// The
legislation is currently a shell bill related to the Chief Information
Officer. Representative Derby offered a committee substitute that
consolidates all state agency IT under the Information Services Division
of the Office of State Finance and the Chief Information Officer. The
State Regents, OneNet, and the colleges and universities are exempt from
the legislation.
UPDATE: The legislation passed out of the Senate Appropriations
Committee on April 6, 2011.
SB867 // Senator Anthony Sykes and Representative Jason Murphey // The
legislation would not allow for any state agency to own, lease, or
lease-purchase any telecommunications fiber networks used for conveying
electronic communication or information systems data to multiple
physical locations. The State Regents, OneNet, and the colleges and
universities are exempt from the provisions.
UPDATE: The legislation passed out of the House Government
Modernization, Transparency, and Accountability Committee on April 14,
2011.
OKPromise
HB1421// Representative Dennis Casey and Senator Jim Halligan// The
legislation would require OKPromise students to repay awards for courses
from which the student withdraws or receives a failing grade in the
course. Representative Casey amended his bill to eliminate the language
requiring students to repay for failed or withdrawn courses. The
language now requires the student to maintain satisfactory academic
progress
UPDATE: The legislation passed out of the Senate on April 14, 2011 with
a vote of 39-0.
SB 610// Senator John Ford and Representative Todd Thomsen// The bill
states the federal adjusted gross income should be used to verify the
student's income does not exceed $100,000 at the time they enter
college. The legislation also delays additional GPA requirements.
Senator Crain offered a floor amendment which was adopted that adds the
language "Undergraduate degree programs offered through Oklahoma State
University/Tulsa shall not unnecessarily duplicate those undergraduate
degree programs offered by Langston University Branch in Tulsa, as
determined by the Oklahoma State Regents for Higher Education.
UPDATE: The legislation passed out of the House Higher Education
Committee on March 29, 2011. Representative Thomsen offered a committee
substitute removing the language regarding unnecessary duplication.
SB 825// Senator Susan Paddack and Representative Steve Kouplen// The
legislation expands eligibility of the program to include students who
are living in non profit residential child care facilities.
UPDATE: The legislation passed out of the House Appropriations
Committee on April 13, 2011.
HB 1343 // Representative Eric Proctor and Senator Tom Ivester// The
legislation states that a student shall be eligible to participate in
the OKPromise program if they are the child of any person killed after
January 1,2000, in the line of duty in any branch of the United States
Armed Forces.
UPDATE: The legislation was assigned to the Senate Veterans and
Military Affairs Committee and the Senate Appropriations Committee. The
bill passed out of the Senate Veterans and Military Affairs Committee on
March 30, 2011. The bill passed out of the Senate Appropriations
Committee on April 6, 2011.
Tuition Waivers
SB 251// Senator Steve Russell and Representative Paul Wesselhoft// The
bill requires the State Regents to adopt a policy where all members of
the armed forces are charged resident tuition.
UPDATE: The legislation passed out of the House Appropriations
Committee on April 13, 2011.
SB55// Senator Anthony Sykes and Representative Mike Christian// Allows
in-state tuition for persons that have grandparents that have filed an
Oklahoma tax return for 10 years.
UPDATE: The legislation was assigned to the House Rules Committee but
was not heard in committee this week. The House's third legislative
deadline was April 14, 2011; therefore, all bills originating in the
Senate must have passed out of a House committee in order to continue to
advance in the legislative process.
Appointments
No pending legislation at this time.
Agency Lobbying
No pending legislation at this time.
Undocumented Student Issues
No pending legislation at this time.
Remediation
No pending legislation at this time.
Other
HB 1854// Representative Jabar Shumate and Senator Gary Stanislawski//
The legislation requires the Oklahoma State Regents for Higher Education
to adopt a policy for each higher education institution to provide equal
access to statewide professional associations.
UPDATE: The legislation passed out of the Senate on April 13, 2011.
The title is off the legislation.
HB 1227// Representative Pat Ownbey and Senator Frank Simpson// The
legislation renames the Ardmore Higher Education Center to the
University Center of Southern Oklahoma. A committee substitute was
adopted in the Senate Education Committee which directs all interests in
real property, facilities, equipment and appurtenances,
state-appropriated monies and all duties, obligations and liabilities of
the Ardmore Higher Education Program and any and all obligations of the
Board of Trustees of the Ardmore Higher Education Program are
transferred to the Regional University System of Oklahoma. The Ardmore
Higher Ed center should serve as the branch campus in Ardmore of
Southeastern Oklahoma State University. The consolidation of Ardmore
Higher Education Center and Southeastern Oklahoma State University shall
protect the continuing and historic relationships which exist between
Ardmore Higher Education Center, Murray State College, and East Central
University. Each institution shall be allowed to continue its historic
course and program offerings.
UPDATE: The legislation passed out of the Senate Education Committee
April 4, 2011. A floor substitute by Senator Simpson has been offered
for consideration. This version additionally states that Murray State
College shall have the exclusive authority to offer all lower division
courses and programs at the branch campus of Southeastern Oklahoma State
University at Ardmore. Courses offered at Southeastern Oklahoma State
University at Ardmore shall not duplicate nursing program courses
offered at East Central University campus at Ardmore. The consolidation
of Ardmore Higher Education Center and Southeastern Oklahoma State
University shall protect the continuing and historic relationships which
exist between Ardmore Higher Education Center, Murray State College, and
East Central University. Southeastern Oklahoma State University shall
assume all the duties and powers provided for in this act by July 1,
2014. Senator Susan Paddack has offered an amendment that states it is
the intent of the legislature that appropriations made to the Board of
Regents not be allocated to the Ardmore campus of Southeastern Oklahoma
State University. Senator Brecheen has offered an amendment that
indicates no additional appropriated dollars shall be used in the
consolidation of the Ardmore Higher Education Center into Southeastern
Oklahoma State University, nor shall appropriated dollars be used in the
expansion of the existing campus or for the construction of a new campus
in Ardmore.
HB 1586// Representative Todd Thomsen and Senator Brian Bingman// The
legislation creates the Uniform Athlete Agents Act. The bill modifies
prohibited conduct of agents and strengthens the criminal penalty and
increases the fine if an agent is in violation of the act.
UPDATE: The legislation passed out of Senate Judiciary Committee on
April 5, 2011.
SB 206// Senator John Ford and Representative Ann Coody// The bill
creates a task force to study the feasibility of a P-20 council. The
task force will consist of 9 members including the Chancellor of Higher
Education or his designee.
UPDATE: The legislation passed out the House Rules Committee on March
30, 2011.
Legal Services
HB 1223// Representative Mark McCullough and Senator Anthony Sykes//
The legislation outlines new procedures for state agencies needing to
retain private attorneys. A state agency needing to obtain outside
legal services that will exceed $20,000 must use the RFP (request for
proposal) process before hiring the outside counsel.
UPDATE: The legislation passed out of the Senate Appropriations
Committee on April 6, 2011. Senator Nichols has offered a floor
amendment that would exempt constitutional state agencies from the
provisions of the bill.
MTRC
SB 186// Senator Cliff Aldridge and Representative George Faught// The
bill does not provide for a four year extension for the Minority Teacher
Recruitment Advisory Committee. The current version eliminates the
advisory board.
UPDATE: The legislation passed out of the House Administration, Rules
and Agency Oversight Committee on March 30, 2011.
Tax Credits
No pending legislation at this time.
English as Official Language
SB 905// Senator Ralph Shortey and Representative Randy Terrill// The
bill designates the English language to the be the official language of
Oklahoma. The legislation indicates the state shall not make,
implement, or enforce a law or policy, which diminishes or ignores the
role of English as the official language of the state. The bill does
allow educational entities to teach English to individuals who are not
fluent in English and still be in compliance with the law. If a state
agency is required by a specific constitutional provision or statutory
provision to use a language other than English the entity must notify
the AG with the specific provisions.
UPDATE: The legislation was assigned to the House Rules Committee but
was not heard in committee this week. The House's third legislative
deadline was April 14, 2011; therefore, all bills originating in the
Senate must have passed out of a House committee in order to continue to
advance in the legislative process.
Workforce and Training
No pending legislation at this time.
Agency Efficiency/ Consolidation
HB2140// Representative Kris Steele and Senator Brian Bingman// The
legislation creates the State Government Administrative Process
Consolidation and Reorganization Act of 2011.
UPDATE: The legislation passed out of the Senate Appropriations
Committee on April 6, 2011.
HB 1207// Representative Jason Murphey and Senator Anthony Sykes// The
bill directs state agencies to use the Trip Optimizer for trips that
exceed 100 miles. Additionally, the bill directs the Office of State
Finance to perform an assessment of state agencies financial services.
Those agencies ranking in the bottom 10% of the performance assessment
will enter into a contract with OSF for the provision of financial
services. The State Regents and the institutions are exempt from this
section of the bill.
UPDATE: The legislation passed out of the Senate Appropriations
Committee on April 6, 2011.
HB 1086// Representative Jason Murphey and Senator Clark Jolley// The
legislation creates the "Oklahoma Government 2.0 Act of 2011." The
legislation provides for numerous electronic mechanisms to be put in
place by the Chief Information Officer.
UPDATE: The legislation passed out of the Senate General Government
Committee on March 28, 2011. The legislation passed out of the Senate
Appropriations Committee on April 6, 2011.
SB 541// Senator Anthony Sykes and Representative Jason Murphey// The
bill directs state agencies to use the Trip Optimizer for trips that
exceed 100 miles. Additionally, the bill directs the Office of State
Finance to perform an assessment of state agencies financial services.
Those agencies ranking in the bottom 10% of the performance assessment
will enter into a contract with OSF for the provision of financial
services. The State Regents and the institutions are exempt from this
section of the bill.
UPDATE: The legislation passed out of the House Government
Modernization, Transparency, and Accountability Committee on March 24,
2011. Representative Murphey amended the legislation to not allow state
agencies to expend funds on computers, software, telecom, information
hardware, firmware or information technology services before July 1,
2011.
Concealed Weapons// Open Carry
SB 858// Senator Steve Russell and Representative Mike Ritze// Allows
individuals who possess a valid concealed handgun license or who are
CLEET certified shall be authorized to carry the handgun onto college
and university property. Senator Russell offered a substitute in the
committee process which eliminated all language allowing an individual
with a concealed handgun license to carry their handgun onto college or
university property.
UPDATE: The legislation was assigned to the House Public Safety
Committee but was not heard in committee this week. The House's third
legislative deadline was April 14, 2011; therefore, all bills
originating in the Senate must have passed out of a House committee in
order to continue to advance in the legislative process.
SB 856// Senator Steve Russell and Representative Paul Wesselhoft// The
legislation makes certain conduct between individuals and licensed
dealers or private sellers unlawful.
UPDATE: The legislation was signed by Governor Fallin on April 7, 2011.
HB1652// Representative John Enns and Senator Steve Russell// The
legislation allows concealed handgun license holders to carry a
concealed handgun on certain technology center school property.
UPDATE: The legislation was reassigned from the Senate Public Safety
Committee to the Senate Rules committee. The legislation passed out of
the Senate Rules Committee on April 6, 2011. The title is off the
legislation.
HB 1255// Representative Wade Rousselot and Senator Kim David// The
legislation allows any US Attorney or Assistant Attorney to carry a
firearm anywhere in Oklahoma if they have completed the specified
training course.
UPDATE: The legislation passed out of the Senate on April 12, 2011 with
a vote of 45-3. The floor amendment offered by Senator David to delete
the language allowing members of the Oklahoma Legislature to carry a
firearm in the state with certain training was adopted.
Tuition
No pending legislation at this time.
Academics
SB 348// Senator Clark Jolley and Representative Lee Denney// The
legislation requires the State Department of Education to prepare annual
reports of the results of the statewide assessment program. The reports
will designate each school district with a letter grade.
UPDATE: The bill passed out of the House Common Education Committee on
March 22, 2011.
HB 1456// Representative Lee Denney and Senator Clark Jolley// The
legislation requires the State Department of Education to prepare an
annual report on school achievement.
UPDATE: The legislation passed out of the Senate Education Committee
April 4, 2011.
SB 264// Senator Clark Jolley and Representative Jason Nelson// The
legislation creates the Quality Assessment and Accountability Task
Force. The Oklahoma State Regents shall provide support and information
as requested by the task force.
UPDATE: The legislation passed out of the House Rules Committee on
April 6, 2011.
Retirement/Pensions/Benefits
SB 891//Senator Mike Mazzei and Representative Randy McDaniel// This
measure changes benefit calculation for TRS for members who first join
the System after June 30, 2011. The calculation shall mean the average
of the salaries for the last five years on which contribution to the
Teachers' Retirement System was paid. Only salary on which required
contributions have been made may be used in computing average salary.
The measure also changes normal retirement age for members who join
after June 30, 2011 from 62 to 65. Individuals who become a member
after June 30, 2011 shall be employed by public school or state colleges
or universities for a minimum of eight and be a contributing member for
8 years to qualify for monthly benefits for TRS. A retired member is
not eligible to be employed by their former employer in any capacity for
one year after the member ended it employment unless the member waives
the benefit and return as a bona fide employee.
UPDATE: The legislation passed out of the House Economic Development,
Tourism, and Financial Services Committee on April 13, 2011.
Representative McDaniel offered a committee substitute that was adopted
which states any retiree participating in the Oklahoma Teachers
Retirement System will be eligible for part-time employment at a college
or university within the Oklahoma State System of Higher Education,
subject to the limitations of part-time employment of the college or
university.
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