STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1332	By:	Lockhart

AS INTRODUCED

An Act relating to higher education; amending 70 O.S 2011, Sections 3218.2, 3218.8 and 3218.14, which relate to establishment of tuition and fees; adding clarification; requiring legislative approval prior to implementing an increase in certain tuition; directing the State Regents for Higher Education to submit tuition increase recommendations by a certain date; establishing process for legislative approval; requiring legislative approval prior to implementing an increase in certain undergraduate tuition; making State Regents’ consideration subject to legislative approval; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2011, Section 3218.2, is amended to read as follows:
Section 3218.2  A.  Resident tuition, nonresident tuition, and other fees to be required of students receiving instruction or other academic services provided by institutions of The Oklahoma State System of Higher Education shall be established by the Oklahoma State Regents for Higher Education with due regard for to recommendations made by institutions and constituent agencies pursuant to the provisions of Section 3218.14 of this title within limits prescribed by the Legislature.  Legislative approval expressed by concurrent resolution shall be required prior to the Oklahoma State Regents for Higher Education commencing any action to implement an increase in resident or nonresident tuition.  Nothing in this act section shall be construed as limiting or prohibiting the requirement of payment for goods or services provided by auxiliary enterprises operated by or in conjunction with institutions of The Oklahoma State System of Higher Education and authorized by the Oklahoma State Regents for Higher Education.
B.  By January 1 of each year, the Oklahoma State Regents for Higher Education shall submit a report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the minority floor leaders and education committee chairs of both houses of the Oklahoma Legislature, of the actions taken in regard to and the schedule of tuition and fees approved for The Oklahoma State System of Higher Education for the current academic year.  The annual report shall include data on the impact of any tuition or fee increases on the ability of students to meet the costs of attendance, enrollment patterns, availability of financial aid, and any other data considered relevant by the State Regents.
C.  If the Oklahoma State Regents for Higher Education is recommending an increase in resident and nonresident tuition for the next academic year, it shall submit to the Speaker of the House of Representatives and President Pro Tempore of the Senate its recommendations by February 1 prior to the next academic year.  The Legislature shall by concurrent resolution either approve or disapprove the proposed tuition rate increase.  The tuition rate increase shall be deemed approved if the Legislature has adjourned the regular session and has failed to disapprove the tuition rate increase.
SECTION 2.     AMENDATORY     70 O.S. 2011, Section 3218.8, is amended to read as follows:
Section 3218.8  A.  Subject to the provisions of subsection D E of this section, the Oklahoma State Regents for Higher Education are is authorized to establish undergraduate resident tuition, nonresident tuition and mandatory fees, which students shall pay as a condition of enrollment, except as otherwise provided by law.  The process for establishing tuition and mandatory fees shall incorporate the recommendations made by institutions and constituent agencies pursuant to the provisions of Section 3218.14 of this title.
1.  At the comprehensive universities the combined average of the resident tuition and mandatory fees established for any school year for the nonguaranteed rate, as determined by the State Regents, shall remain less than the combined average of the resident tuition and fees at the state-supported institutions of higher education that are members of the Big Twelve Conference on the effective date of this act.  The combined average of the nonresident tuition and mandatory fees, as determined by the State Regents, shall remain less than one hundred five percent (105%) of the combined average of the nonresident tuition and fees at the state-supported institutions of higher education that are members of the Big Twelve Conference on the effective date of this act.
2.  At the regional universities and two-year colleges the combined average of the resident tuition and mandatory fees established for any school year for the nonguaranteed rate, as determined by the State Regents, shall remain less than the combined average of the resident tuition and mandatory fees at like-type state-supported institutions of higher education in states determined by the State Regents that include, but are not limited to, those adjacent to Oklahoma.  The combined average of the nonresident tuition and mandatory fees, as determined by the State Regents, shall remain less than one hundred five percent (105%) of the combined average of the nonresident tuition and fees at like-type state-supported institutions of higher education in states determined by the State Regents that include, but are not limited to, those adjacent to Oklahoma.
B.  In its deliberation on the establishment of resident tuition rates for undergraduate and graduate education, the Oklahoma State Regents for Higher Education shall balance the affordability of public higher education with the provision of available, diverse and high-quality learning opportunities.  In this endeavor the State Regents shall give consideration to the level of state appropriations, the state economy, the per capita income and cost of living, the college-going and college-retention rates, and the availability of financial aid in Oklahoma.  For any increase in the tuition rates, the State Regents shall demonstrate a reasonable effort to effect a proportionate increase in the availability of need-based student financial aid.  Need-based financial aid shall include, but shall not be limited to, awards for the Oklahoma Higher Learning Access Program, Oklahoma Tuition Aid Grants, federal need-based financial aid and tuition waivers, and private donations.  In addition, when determining the guaranteed tuition rates as provided for in subsection D E of this section, the Regents shall consider the anticipated revenue needs during the four-year period of the guarantee.
C.  Legislative approval expressed by concurrent resolution shall be required prior to the Oklahoma State Regents for Higher Education commencing any action to implement an increase in undergraduate resident or nonresident tuition, subject to the limits set forth in this section.
D.  Students permitted to audit courses shall pay the same resident tuition and nonresident tuition as required of students who enroll for course credit.
D. E.  1.  Beginning with the 2008-2009 academic year, each comprehensive and regional institution within The Oklahoma State System of Higher Education shall offer to resident students enrolling for the first time as a full-time undergraduate a tuition rate that will be guaranteed for a period of not less than four (4) consecutive academic years as provided for in this subsection.  Students shall have the option to participate or not participate in the guaranteed tuition rate program and shall indicate their election at the time of enrollment.  Each institution shall provide students with the following information prior to enrollment:
a.	the annual tuition rate charged and the percentage increase for the previous four (4) academic years, and
b.	the annual tuition and percentage increase that the nonguaranteed tuition rate would have to increase to equal or exceed the guaranteed tuition rate for the succeeding four (4) academic years.
2.  Except as otherwise provided for in this subsection, for a student who elects to participate in the guaranteed tuition rate program, who is a resident of the state, and who enrolls for the first time as a full-time undergraduate student at an institution in the state after the 2007-2008 academic year, the amount of undergraduate resident tuition charged to the student for four (4) consecutive academic years at a comprehensive and regional institution shall not exceed the amount that the student was charged at the time of first enrollment, nor shall it exceed one hundred fifteen percent (115%) of the nonguaranteed undergraduate tuition rate charged to resident students enrolling for the first time as undergraduate students at the same institution for the same academic year.
3.  If the normal time of completion for an undergraduate program is more than four (4) years, as determined by the institution, the amount of resident tuition charged to students in that program who have elected to participate in the guaranteed tuition rate program shall not increase during the normal completion period of the program.
4.  If a student who has elected to participate in the guaranteed tuition rate program is a member of the United States Armed Forces including the Army and Air National Guard, the Army, Navy, Air Force, Marine Corps, and Coast Guard Reserves, or any other component of the Armed Forces, and when ordered by the proper authority to active or inactive duty or service is required to withdraw from an institution for military or other national defense emergencies, the amount of resident tuition the student is required to pay upon reentering the institution shall not exceed the amount the student was charged at the time of withdrawal.
5.  If a student who has elected to participate in the guaranteed tuition rate program transfers to another institution or transfers from a constituent agency of an institution to another constituent agency or the institution after initial enrollment, the student shall be charged the amount of resident tuition charged to other students enrolling for the first time at that institution or constituent agency.
6.  If a student who has elected to participate in the guaranteed tuition rate program changes majors or transfers to another campus of the same institution after initial enrollment, the tuition charged to the student shall equal the amount the student would have been charged had the student been admitted to the changed major or enrolled at the new campus when the student first enrolled.  This paragraph shall not apply if a student transfers from a constituent agency of an institution to another constituent agency of the institution.
7.  A student who elects to participate in the guaranteed tuition rate program shall maintain full-time enrollment during the guaranteed four-year period.  For purposes of this subsection, full-time enrollment shall be the number of credit hours as determined by the State Regents for Higher Education to be full-time enrollment for each institution.
SECTION 3.     AMENDATORY     70 O.S. 2011, Section 3218.14, is amended to read as follows:
Section 3218.14  Each institution and constituent agency shall have the option to recommend to the governing board and to the State Regents fees and tuition to be charged to students enrolled at the institution or constituent agency.  The fees and tuition shall not exceed the limits established by law.  The State Regents shall consider and, if appropriate, shall approve the recommendations of the institution or constituent agency pursuant to Article XIII-A of the Oklahoma Constitution, subject to legislative approval as provided for in Section 3218.2 of this title.
SECTION 4.  This act shall become effective July 1, 2013.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-5006	KB	12/04/12