Below are a few of the bills OPEA is monitoring this session. This week all bills must advance from their house of origin in order to continue in the process. The paraphrases are from the service OPEA uses to monitor legislation, eCapitol.
Compensation
HB 2561: by Rep. David Dank, R-Oklahoma City, prohibits any agency, board, commission or any other state governmental entity organized within the executive department from authorizing a salary increase for any person employed by such state governmental entity in excess of 20 percent for any fiscal year. – © 2014 eCapitol, LLC. All rights reserved
Status: H General Order Status Date: 02/20/2014
HB 3293: by Rep. Leslie Osborn, R-Mustang and Sen. Clark Jolley, R-Edmond, creates the State Employee Pay Program within the executive branch. The bill allows the Office of Management and Enterprise Services to be responsible for implementing the program. The bill states subject to the availability of funds, an annual appropriation of three percent of the previous fiscal year’s total payroll cost for state employees within the executive branch will be made to the Human Capital Management Revolving Fund for purpose of compensation. The bill allows OMES to make allocations from the fund to executive branch state agencies for employee salary market adjustments, target performance adjustments and equity adjustments pursuant to the 2013 remuneration study. It amends cost-of-living and other such raises are prohibited unless authorized by the Legislature and the Career Service Rules for Employment and such prohibition applies to all career and executive service officers, formerly in the bill as classified and unclassified employees. The bill amends sick leave accrual rates and accumulation limits and donated pay. The bill amends the definition of state employee to remove classified and unclassified, changing such references to career service and executive service employees. The bill requires the OMES director to study, establish, assign pay structures for all career and executive service positions within the executive branch, excluding institutions under the authority Oklahoma State Regents for Higher Education. It repeals the adoption of pay grades and adjustments from the merit system of personnel administration. (Amended by House, Stricken Title, Emergency Measure, Committee Substitute) – © 2014 eCapitol, LLC. All rights reserved.
Status: H General Order Status Date: 02/25/2014
The title of this bill has been stricken to give more time to consider the provisions.
Retirement
HB2630: by Rep. Randy McDaniel, R-Edmond, creates the Retirement Security and Freedom Act. The bill requires the Oklahoma Public Employees Retirement System (OPERS) to establish a defined contribution system for state employees who join the system on or after July 1, 2015. The bill exempts members who are correctional officers, probation and parole officers or fugitive apprehension agents employed by the Department of Corrections and requires all other state employees to participate in the defined contribution system. The bill requires the OPERS Board of Trustees to take whatever action is reasonable and necessary to have the defined contribution system recognized as a federal tax-qualified plan and to establish a plan or use an existing plan to carry out the intent of the bill. The bill sets the employee contribution rate to the plan at a minimum of 3 percent of compensation. The bill provides the state will watch the contributions up to 7 percent of compensation. The bill permits the Legislature to increase or decrease the employer match at it sees fit but may not lower it to less than 3 percent. The bill establishes policies and procedures for employee and employer contributions to the plan. The bill establishes that members will at all times be vested at 100 of the amount of their employee contributions and will have retirement discretion over these contributions within the available options offered by the board. The bill establishes a five-year schedule for the member’s vesting of employer contributions and provides members will have investment discretion over the funds. The bill provides that the OPERS board will establish default investment options for the contributions received from members and default investment options for matching employer contributions for members who do not select any investment options, the OPERS Board will establish The bill provides non-vested contributions may be used to offset costs of administering the plan to the extent that participants leave employment and have not vested in all of the employer contributions. The bill requires statewide elected officials or legislators whose first service as an elected official occurs on or after July 1, 2015, to become a participant in the defined contribution system. – © 2014 eCapitol, LLC. All rights reserved
Status: H General Order Status Date: 02/27/2014
SB2120: by Sen. Rick Brinkley, R-Owasso and Rep. Randy McDaniel, R-Edmond, creates the Future State Employee Retirement Act, which directs the Oklahoma Public Employees Retirement System to establish a defined contribution plan for employees who enter state service after Nov. 1, 2015, except those classified as hazardous duty employees. The bill requires the OPERS Board of Trustees to take whatever action is reasonable and necessary to have the defined contribution system recognized as a federal tax-qualified plan and to establish a plan or use an existing plan to carry out the intent of the bill. The bill sets the employee contribution rate to the plan at a minimum of 3 percent of compensation. The bill provides the state will watch the contributions up to 7 percent of compensation. The bill permits the Legislature to increase or decrease the employer match at it sees fit but may not lower it to less than 3 percent. The bill establishes policies and procedures for employee and employer contributions to the plan. The bill establishes that members will at all times be vested at 100 of the amount of their employee contributions and will have retirement discretion over these contributions within the available options offered by the board. The bill establishes a five-year schedule for the member’s vesting of employer contributions and provides members will have investment discretion over the funds. The bill provides that the OPERS board will establish default investment options for the contributions received from members and default investment options for matching employer contributions for members who do not select any investment options, the OPERS Board will establish The bill provides non-vested contributions may be used to offset costs of administering the plan to the extent that participants leave employment and have not vested in all of the employer contributions. The bill requires statewide elected officials or legislators whose first service as an elected official occurs on or after July 1, 2015, to become a participant in the defined contribution system. The bill requires agencies to make certain deposits to the OPERS defined benefit system. The bill exempts elected county officers from participation in the system. It also prohibits employees from using the funds as collateral for loans. (Amended by Senate, Committee Substitute) – © 2014 eCapitol, LLC. All rights reserved.
Status: H Introduced Status Date: 02/20/2014
Human Resources
HB3294: by Rep. Leslie Osborn, R-Mustang and Sen. Clark Jolley, R-Edmond, renames the Oklahoma Personnel Act the Oklahoma Career Service Act. The bill removes large parts of language pertaining to the Merit System of Personnel Administration and pay. It replaces such language with reforms. The bill states its purpose is to establish a system of human resources management to help employees based on merit and not political influences. The bill changes the definition of classified service to be career service, meaning a state employee in positions not required in the executive service pursuant to statute and removes all language pertaining to classified employees. The bill removes an entrance examination and adds the definition of an executive service. The bill removes all references to merit rules, and replaces such with career service rules, career service code; replaces references to classified with career. It states career service system means the career service system of Human Resources Administration, not personnel and all references to such are changed. It amends all functions, powers, duties and obligations of the Oklahoma Merit Protection Commission will be transferred to the Office of Management and Enterprise Services, in addition to any other duties expressly set forth by law and as detailed in the bill. The bill states all fees collected will not be deposited in the Oklahoma Merit Protection Commission but the Human Capital Management Revolving Fund. It states instead of a member of the Commission, the OMES and the Career Service Commission will have the power to subpoena witnesses. The bill removes all references and language relating to the commission replacing most references with the Career Service Commission. The bill states the Human Capital Management Revolving Fun will be for the purpose of paying costs incurred in performing duties and functions imposed upon OMES, and will consist of fees and other monies. It allows all monies of obligations against the Oklahoma Merit Protection Commission Revolving Fund be transferred to the Human Capital Management Revolving Fund. It removes agencies, boards and such from reporting reallocation decisions for unclassified and classified employees; changing such language to allow OMES to produce an electronic report on an annual basis of all reallocation decisions for career service positions; produce an electronic report on an annual basis of all transactions in the career service and executive service involving the establishment of new positions. The bill removes language pertaining to severance benefits and such options in connection with the Reduction-in-Force Education Voucher Action Fund. It establishes within OMEs the State Internship Program, which is allowed to make rules necessary to develop, implement and maintain the program. The bill amends any reclassification of a career service employee to a different ob that does not result in a loss of compensation is a “classification adjustment.” The bill removes the Fair Employment Practices Act. The bill impacts all agencies, board, commissions, except non-appropriated. The bill states offices, positions and personnel defined as a list in the bill in the executive service are not to be placed under the career service and all other full-time positions in state services will be in career service. It states the administrator of Human Capital Management of OMES will determine equivalent levels for the purpose of assigning positions not specifically addressed in the bill. The bill requires OMES to establish and maintain an Alternative Dispute Resolution Program and will adopt and make rules for such. The bill creates the Career Service Commission administer and render final decisions and act as the appeals body for appeals filed. It requires The Office of Management and Enterprise Services to promulgate rules and establish internal agency complaint procedures for career service employees. It requires an employee to file a complaint with 15 days with a final decision being rendered no later than 160 days. The bill establishes a discipline process for discharge, suspension without pay for more than three days or demotion of a career service employee. The bill states an employee in the career service who has successfully completed the required probationary period may file a complaint concerning the dismissal, demotion, or the suspension of the employee for more than three days. The bill repeals public information officer subject to the provisions of the Merit System of Personnel Administration, personnel as state employees in military department, annual salaries for positions in the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and certain transferred employees to be classified as permanent classified employees. (Amended by House, Committee Substitute) – © 2014 eCapitol, LLC. All rights reserved.
Status: H Engrossed Status Date: 03/10/2014
SB1505: by Sen. David Holt, R-Oklahoma City and Rep. Leslie Osborn, R-Mustang, authorizes state agencies to offer their employees an option to voluntarily elect to be paid, one time annually, for a certain number of hours of unused accrued annual leave. The bill provides that the policy will be optional for all eligible employees, and the employee may choose the monthly pay period in which to receive the payment. The bill requires that the Director of the Office of Management and Enterprise Services (OMES) to appoint a committee, chaired by the director or a designee, consisting of any number of employees representing any state agency the director deems appropriate, to study and develop a policy and rules necessary to implement the program. The bill requires the committee to solicit input from all state agencies and determine policies to establish employee eligibility, the maximum number of annual leave hours an employee may be paid annually, and any other relevant requirements. The bill authorizes and directs OMES to promulgate administrative rules necessary to implement the program. (Amended by Senate, Stricken Title) – © 2014 eCapitol, LLC. All rights reserved.
Status: S Motion to Reconsider Status Date: 03/05/2014
SB1833: by Sen. Greg Treat, R-Oklahoma City and Rep. Jon Echols, R-Oklahoma City, permits every state agency employing more than 10 full-time-equivalent employees to develop an employee suggestion program to promote efficiency and effectiveness of state governmental operations by providing economic incentives to employees who make suggestions which result in direct cost savings. The bill permits an agency to financially reward an employee whose suggestion results in direct cost savings. The bill sets the amount of the award at no more than 10 percent of the amount of the actual annual savings. The bill prohibits a state employee from being eligible to receive more than one aware payment in a single fiscal year. The bill provides that each agency will be responsible for implementing an employee suggestion program as it deems appropriation. (Amended by Senate, Stricken Title, Emergency Measure) – © 2014 eCapitol, LLC. All rights reserved.
Status: S General Order Status Date: 02/26/2014
Agency Bills
HB2788: by Rep. Mark McCullough, R-Sapulpa, amends language regarding fraud, requiring the recipient, provider or both be referred by the Oklahoma Health Care Authority for the purpose of investigation or referral to the district attorney. The bill updates the bill to include the Medicaid recipient in provisions pertaining to fraud and its encompassing sections. The bill defines certain terms, including managed care plan to mean a health insurer or specialty plan authorized under the Oklahoma Insurance code or a Medicaid-authorized provider service network under contract with the authority; and prepaid plan to mean a manage care plan that is certified as a risk-bearing entity and is paid a prospective per-member, per-month payment by the authority. The bill requires the authority to apply and implement a Medicaid State Plan Amendment and a Medicaid waiver to implement the program; but, before submitting the waiver or amendment, the authority will provide public notice and the opportunity for feedback. The bill requires the Medicaid managed care program to be provided by the managed care plans covering services to enrollees. The bill requires the authority to select manage care plans to participate in the Medicaid program via means defined in the bill with separate and simultaneous procurements being conducted in each region setup by the authority. The bill states to ensure managed care plan participation, the authority will award more contracts to more populated areas than in more rural areas and requires the plant to reimburse the authority for the cost of enrollment changes and other transition activities. The bill prohibits the authority from executing contracts with managed care plans at payment rates not supported by the General Appropriations Act. The bill requires the authority to select managed care plans via a process detailed in the bill and such specialty plans are subject to the same requirements and enrollment in any one region may not exceed 10 percent of its regional enrollees. The bill states if Medicaid enrollees consisted of dually eligible recipients who are enrolled in the plan in order to received Medicare benefits, then participation by a Medicare Advantage Preferred Provider Organization and other are not subject to the requirements. The bill requires the authority to develop a 5 year contract with each manage care plan and to establish contract requirements as necessary for such, including basic requirements required in the bill: physician compensation, hospital compensation, access, encounter data, continuous improvement, program integrity, grievance resolution, penalties, prompt payment, electronic claims and itemized payment. The bill states the authority is responsible for verifying savings rebates for all Medicaid prepaid plans and such rebates is to be determined by pretax income as a percentage of revenues to be applied to income-sharing ratios defined in the bill. The bill requires each managed care plan to accept any medically needy recipient and provide such with continuous enrollment for 12 months, which payment logistics defined in the bill. The bill states prepaid plans will received per-member, per-month payments as negotiated in the act and defined in the bill. The bill requires all Medicaid recipients to be enrolled in a managed care plan unless exempted by provisions in the act and each recipient will have a choice of plans and 30 days to choose. The bill requires the authority to implement a system to help recipients receive information on his or her options. The bill states if a Medicaid recipient does not voluntarily choose a plan, the authority will place him or her in one based on criteria defined in the bill. The bill allows those with private health care coverage to opt out of all managed care plans and use Medicaid financial assistance to pay for their share of the cost in such coverage. The bill requires the authority to seek federal approval to require Medicaid recipients with access to employer-sponsored health care coverage to enroll in that coverage and used financial assistance to pat for such. The bill allows all Medicaid recipients to receive covered services through the statewide managed care program, except for those exempted as defined in the bill. The bill defines what managed care plans cover and plans must reward healthy behaviors. The bill requires the authority to use a managed care model in terms of making payments for long-term care home and community-based and residential services and to be assisted by the Aging Services Division of the Department of Human Services. The bill defines requirements recipients must meet in regards to long-term care services and defines long-term care plans coverage. The bill list providers managed care plans must have network contracts with in the region. The bill requires the authority to establish standards for regional distribution of providers in a manage care plan’s network. The bill requires the authority to make incentive adjustments in payment rates to encourage utilization of home and community-based services versus institutional use. The bill requires the authority to automatically enroll Medicaid recipients into a long-term care managed plan if they do not voluntarily choose one. – © 2014 eCapitol, LLC. All rights reserved
Status: H General Order Status Date: 02/13/2014
HB2789: by Rep. Mark McCullough, R-Sapulpa, amends the revolving fund for the State Department of Health to be designates the Children First Fund to be the revolving fund for the Oklahoma Commission on Children and Youth to be designated the Children First Fund. The bill replaces all references to the department with the Oklahoma Commission on Children and Youth. The bill adds Child Abuse Prevention Fund under definitions and removes the definition for the State Department of Health and Office of Child Abuse Prevention. It allows the Oklahoma Commission on Children and Youth to coordinate with the Oklahoma Health Care Authority to target first-time pregnant women with substantial risk factors. The bill states in a report by the commission on the prevention of child abuse and neglect, the report will include services and proposals for teen pregnancy and prior history as a child or adult with the Department of Human Services. The bill states in coordination with the Oklahoma Health Care Authority, the commission will request a Medicaid waiver to used Medicaid monies to implement and fund prevention programs described in the bill. The bill requires the commission to develop an integrated participant data system that encompasses all prevention programs. The bill prohibits the commission from establishing any additional prevention programs unless approved by the Legislature. The bill requires all employees, books, property of prevention programs covered in the bill to be transferred to the commission, including all funds appropriated to such programs. The bill recodifies certain related statutes. (Amended by House, Committee Substitute) – © 2014 eCapitol, LLC. All rights reserved
Status: H General Order Status Date: 02/26/2014
HB2876: by Rep. Tom Newell, R-Seminole and Sen. Rick Brinkley, R-Owasso, abolishes the State Board of Corrections and the duties performed by its director. The bill moves the Director of the Department of Corrections under the general supervision of the Cabinet Secretary of Safety and Security. The bill repeals the board from statute. – © 2014 eCapitol, LLC. All rights reserved
Status: H General Order Status Date: 02/27/2014
SB1248: by Sen. Patrick Anderson, R-Enid and Rep. Bobby Cleveland, R-Slaughterville, allows the director of the Department of Corrections to have specific powers relating to penal institutions including to authorize a $100 expense allowance per month for the maintenance and cleaning of uniforms and other related expenses to be paid by the Department of Corrections. The bill allows a cadet, officer, corporal, sergeant, lieutenant, captain and other correctional officers and security to be eligible for the allowance. The bill excludes employees acting in a temporary capacity. (Amended by Senate, Stricken Title) – © 2014 eCapitol, LLC. All rights reserved
Status: H Introduced Status Date: 03/06/2014
SB1449: by Sen. A J Griffin, R-Guthrie and Rep. Lee Denney, R-Cushing, removes the authorization of the Department of Human Services to manage and operate the Pauline Mayer Children’s Shelter and the Laura Dester Children’s Shelter and authorizes the department to contract with designated youth services agencies or child-placing agencies for the management and operation of the facilities. The bill also removes the department’s authorization to manage and operate group homes to provide a diversity of placement alternatives for children adjudicated deprived and placed in the custody of the department and authorizes the department to contract with designated youth services agencies or child-placing agencies for the management and operation of the facilities. (Amended by Senate, Stricken Title) – © 2014 eCapitol, LLC. All rights reserved.
Status: S General Order Status Date: 02/12/2014
SB1495: by Sen. Kimberley David, R-Wagoner and Rep. Mark McCullough, R-Sapulpa, directs the Oklahoma Health Care Authority to develop and implement a statewide, integrated managed care plan for the provision of services currently provided under the Oklahoma Medicaid Program. It requires conversion of the Oklahoma Medicaid Program to a managed care system to be completed by no later than January 1, 2017. The bill requires the Authority to develop and submit for approval applications for waivers of applicable federal laws and regulations as necessary to implement the provisions of the Oklahoma Medicaid Reform Act of 2014. It requires copies of all waivers submitted to and approved by the United States Centers for Medicare and Medicaid Services to be provided to the Legislature within 10 days of their approval. It directs OHCA to submit a plan containing a recommended timeline for implementation of any waivers and budgetary projections of the effect of the Oklahoma Medicaid Reform Act of 2014 and directs the plan be submitted to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of Senate. (Amended by Senate, Stricken Title, Committee Substitute)
Status: S General Order Status Date: 02/26/2014
