[Oasfaa] State Legislative Update

Mon Mar 21 15:38:49 CDT 2011

Last Thursday, March 17, was the deadline for bills to pass the floor of
their house of origin.  Two bills we are tracking were not heard on the
floor and are considered dormant for the remainder of the 2011 session -
HB 1618 which would have prohibited OKPromise from paying for remedial
courses and SB 575 which would eliminate the eligibility of certain
undocumented immigrant students for resident tuition rates (other
legislation still alive would have the same effect).  Following is the
status of the bills we are tracking.

[Also, further below is a legislative update from the State Regents
office that also covers other non-financial aid legislation of interest
to higher education - concealed weapons on campus, health insurance,
retirement, academic and budget issues, etc.]

Oklahoma's Promise:

*         HB 1421 - (Rep. Dennis Casey, R - Morrison and Sen. Jim
Halligan, R - Stillwater) - as introduced, the bill would have required
OKPromise college students to repay awards for courses from which the
student withdraws after the add/drop deadline or if the student receives
a failing grade.   However, the author amended the bill in committee to
remove the original language and insert a new amendment that would
require all OKPromise students to meet federal satisfactory academic
progress (SAP) standards beginning in 2012-13.  The amended version of
the bill passed the House 70-27 on March 10.  The bill will next be
assigned to a committee in the Senate.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/hB/HB1421%20ENGR.DOC

*         HB 1618 - (Rep. Gary Banz, R - Midwest City) - would not allow
an OKPromise award for remedial courses in college.  The bill passed the
House Higher Education Committee but was not heard on the House floor
and is considered dormant for the remainder of the 2011 legislative
session.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/HFLR/HB1618%20HFLR.DO
C 

*         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.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/hB/HB1663%20ENGR.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 and will next be
assigned to a committee in the Senate.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/hB/HB1343%20ENGR.DOC

*         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
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.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/SB/SB610%20ENGR.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 and has been assigned to the
House Appropriations and Budget Committee.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/SB/SB825%20ENGR.DOC

Tuition/tuition waivers:

*         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 and will next be heard in a House committee.  Current
bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/SB/SB55%20ENGR.DOC

*         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 and has been assigned to the
House Appropriations and Budget Committee.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/SB/SB251%20ENGR.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 and has been assigned to the
Senate Judiciary Committee.   Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENGR/hB/HB1446%20ENGR.DOC

*         SB 575 (Sen. Ralph Shortey, R - Oklahoma City and Rep. Randy
Terrill, R - Moore) - would repeal the eligibility for certain
undocumented immigrant students to qualify for resident tuition at state
system institutions.  The bill was not heard on the Senate floor and is
considered dormant for the remainder of the 2011 legislative session.
Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20COMMITTEE%20REPORTS/SENAT
E/SB575%
<http://webserver1.lsb.state.ok.us/cf/2011-12%20COMMITTEE%20REPORTS/SENA
TE/SB575%25>   

*         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 and
will next be assigned to a committee in the House.  Current bill text:
http://webserver1.lsb.state.ok.us/cf/2011-12%20FLR/SFLR/SB683%20SFLR.DOC

The update below reflects the current status of major legislation
concerning Higher Education during the week of March 14, 2011 - March
18, 2011.

Legislative Update

March 14, 2011- March 18, 2011

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.

UPDATE:   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.  The legislation passed out of the House on March 16,
2011 with a vote of 52-45.  The emergency failed on the bill.     

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.  

UPDATE:  The bill passed out of the House on March 10, 2011 with a vote
of 70-27.  The emergency failed.  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.     

HB1618// Representative Gary Banz//  The legislation would not allow the
OKPromise award to pay for remedial courses. 

UPDATE:  The legislation was not heard on the House floor this week.
The House's second legislative deadline was March 17, 2011; therefore,
all bills originating in the House must have passed out of the House in
order to continue to advance in the legislative process.

HB1663// Representative Leslie Osborn and Senator John Ford// The
legislation would lower the second income limit applied at the time the
OKPromise student enters college from $100,000 to $75,000.  

UPDATE:  The bill passed out of the House on March 9, 2011 with a vote
of 82-15.  

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.   

UPDATE:  The bill passed out of Senate on March 16, 2011 with a vote of
43-1.  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.

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 bill passed out of Senate on March 14, 2011 with a vote of
46-0.  

HB 1343 //  Representative Eric Proctor and Senator Tom Ivester// The
legislation directs the State Regents to grant a tuition waiver to a
surviving spouse or child of any person killed in the line of duty after
January 1, 2000.  

UPDATE:  The legislation passed out of the House on March 17, 2011 with
a vote of 77-0.  

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 bill has passed out of the Senate on March 14, 2011 with a
vote of 44-0.  

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 bill has passed out of the Senate on March 15, 2011 with a
vote of 42-0.  

Appointments 

HB1208// Representative Scott Martin and Senator Clark Jolley// The
legislation authorizes the Governor to appoint and replace any
gubernatorial appointment on any agency, board, or commission.  This is
in addition to any appointment that is expiring or is vacant.  The
legislation excludes the State Bureau of Investigation, Ethics
Commission, or any other agency created by the Constitution.

UPDATE:  The legislation passed out of the House on March 17, 2011 with
a vote of 60-35.

Agency Lobbying 

No pending legislation at this time.  

Undocumented Student Issues 

SB 683// Senator Anthony Sykes and Representative Mike Christian//  The
legislation states any person unlawfully present in the US will not be
eligible for scholarships, financial aid or resident tuition rates at
any postsecondary institution.  The bill also deletes the policy for
undocumented students to enroll and be eligible for resident tuition.  

UDATE:  The bill passed out of the Senate on March 16, 2011 with a vote
of 32-13.  

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 bill passed out of the House on March 17, 2011 with a vote
of 80-0.  

HB 1227// Representative Pat Ownbey and Representative Frank Simpson//
The legislation renames the Ardmore Higher Education Center to the
University Center of Southern Oklahoma.  

UPDATE:  The bill passed out of the House on February 21, 2011 with a
vote of 94-0.  

HB 2114// Representative Jeff Hickman and Senator  Bryce Marlatt// The
legislation directs the OK State Regents to develop a new funding
formula using a method that each year recalculates the program costs and
budget needs of each institution and eliminates base funding levels.  

UPDATE:  The bill passed out of the House on March 9, 2011 with a vote
of 87-5.  

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 bill passed out of the House on February 17, 2011 with a
vote of 64-33.  The emergency failed.  

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 bill passed out of the Senate on February 24, 2011 with a
vote of 46-0.  

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 bill passed out of the House on March 17, 2011 with a vote
of 64-34.  

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 bill passed out of the Senate on March 8, 2011 with a vote
of 41-0.  

Tax Credits 

No pending legislation at this time.  

English as Official Language

HB 2083// Representative Randy Terrill//  The bill designates the
English language to be the official language of Oklahoma.  

UPDATE:  The legislation was not heard on the House floor this week.
The House's second legislative deadline was March 17, 2011; therefore,
all bills originating in the House must have passed out of the House in
order to continue to advance in the legislative process.

SB 905// Senator Ralph Shortey and Representative Randy Terrill// The
bill designates the English language to the be the official language of
Oklahoma. 

UPDATE:  The bill passed out of the Senate on March 15, 2011 with a vote
of 40-3.  

SB 898// Senator Ralph Shortey and Representative Randy Terrill//  The
legislation establishes criteria for determining Oklahoma citizenship.  

UPDATE:   The legislation was not heard on the Senate floor this week.
The Senate's second legislative deadline was March 17, 2011; therefore,
all bills originating in the Senate must have passed out of the Senate
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 bill passed out of the House on March 3, 2011 with a vote of
65-28.  The emergency failed.           

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 bill passed out of the House on March 9, 2011 with a vote
of 91-3.  

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 House on March 9, 2011 with a
vote of 91-3.  

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 bill passed out of the Senate on March 15, 2011 with a vote
of 42-0.   

Concealed Weapons// Open Carry 

HB2087// Representative Randy Terrill// The legislation allows faculty
and administration who possess a valid concealed handgun license to
carry the handgun on college property.  

UPDATE:   The legislation was not heard on the House floor this week.
The House's second legislative deadline was March 17, 2011; therefore,
all bills originating in the House must have passed out of the House in
order to continue to advance in the legislative process.

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.  

UPDATE:  The bill passed out of the Senate on March 9, 2011 with a vote
of 44 to 4.  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.   

SB 856// Senator Steve Russell// The legislation allows individuals who
are 18 years of age or older to carry a wholly or partially visible
firearm when carried in a holster.

UPDATE:  The bill passed out of the Senate on March 9, 2011 with a vote
of 48-0.    

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 bill passed out of the House on March 10, 2011 with a vote
of 84-14.  

SB129// Senator Steve Russell and Representative Leslie Osborn// The
legislation allows for open carry of firearms in a holster, scabbard,
case, or sling on a person over eighteen years of age.  The legislation
still prohibits the carrying a firearm on campus.  

UPDATE:  The legislation passed out of the Senate on March 15, 2011 with
a vote 36-8.   

HB1647// Representative John Bennett and Steve Russell// The legislation
allows military personnel to gain a lifetime concealed handgun license.
Additionally, it allows an individual to openly carry a firearm if he or
she has fear of bodily harm but limits it to those with a protective
order.  

UPDATE:  The legislation passed out of House on March 16, 2011 with a
vote of 59-39.

HB 1796// Representative Sue Tibbs// This measure allows a person with a
handgun permit to carry a concealed or unconcealed weapon.  

Update: This measure passed out of the House Public Safety Committee.
The legislation was not heard on the House floor this week.  The House's
second legislative deadline was March 17, 2011; therefore, all bills
originating in the House must have passed out of the House in order to
continue to advance in the legislative process.   

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 Senate on March 14, 2011 with a vote
of 30-14.   

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 bill passed out of the House on February 23, 2011 with a
vote of 65-32.  The emergency failed.  

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 bill passed out of the Senate on March 14, 2011 with a vote
of 43-0.  

HB 1268// Representative Ann Coody// The legislation adds an additional
mathematics requirement for high school graduation.    

UPDATE:  The legislation was not heard on the House floor this week.
The House's second legislative deadline was March 17, 2011; therefore,
all bills originating in the House must have passed out of the House in
order to continue to advance in the legislative process.

Retirement/Pensions/Benefits 

HB 1737// Representative Lewis Moore and Senator Bill Brown// The
legislation pertains to the State and Education Employees Group Act, and
removes certain benefit and premium uniformity requirements.

UPDATE:  The legislation failed to pass out of the House on March 17,
2011 with a vote of 29-49.  

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

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