In addition to the bills dealing with state employee pay, merit and pensions, OPEA is tracking several pieces of legislation as the session progresses. Below is a recap of some of these bills. The information below is from eCapitol and is copyright 2014 eCapitol, LLC. All rights reserved.
HB2353, by Rep. Sally Kern, R-Oklahoma City and Sen. Greg Treat, R-Oklahoma City, adds persons convicted of human trafficking to the list of those required to serve no less than 85 percent of any imprisonment sentence. The bill increases the fine for any person found violating the bill, changing from $10,000 to $100,000 and increasing the possible imprisonment from no less than five years or for life. The bill states if the victim of the offender is under 18 years at time of offense, an imprisonment of 15 years or for life and a fine of $250,000 is possible for the offender. (Amended by Senate, Stricken Title, Stricken enacting clause)
HB2372, by Rep. John Trebilcock, R-Broken Arrow and Sen. Kyle Loveless, R-Oklahoma City, prohibits an employing entity from requiring, or forcing a current or prospective employee to disclose or access his or her social media account, a username and password or authentication. The bill prohibits an employer from taking retaliatory personnel action that materially and negatively affects the terms and conditions of employment against an employee who refuses to give the password and user name to the employee’s personal online social media or refusing to hire an individual for the same reason. The bill allows an employer to request name and password information if any computer system or device is subsidized by the employer, it is used for business purposes and other stipulations in the bill. The bill states if an employer violates the bill, an employee or prospective employee may bring civil action within six months after the alleged violation occurred, seek injunctive relief and recover damages up to $500 per violation; but, not emotional or punitive damages or recoverable. It stats not business or employer is liable in any regard for not reviewing an employee’s personal online social media accounts and will not be held liable for not requesting or reviewing. (Amended by Senate, Committee Substitute)
HB2374, by Rep. Tommy Hardin, R-Madill and Sen. Frank Simpson, R-Ardmore, amends the definition of hospital to include a pharmacy operated by the Oklahoma Department of Veterans Affairs for the purpose of the Oklahoma Pharmacy Act. It amends the definition of pharmacy to include a pharmacy operated by the Oklahoma Department of Veterans Affairs. The bill defines medication services procedures to be utilized by the Oklahoma Department of Veterans Affairs. (Amended by House, Amended by Senate)
HB2586, by Rep. Pat Ownbey, R-Ardmore and Sen. Kimberley David, R-Wagoner, states when a Department of Human Services employee transfers any job classification to become a Child Welfare Specialist I through IV, a trail period in the job level will be for one year. (Amended by Senate, Stricken Title, Stricken enacting clause)
HB2630, by Rep. Randy McDaniel, R-Edmond and Sen. Rick Brinkley, R-Owasso, 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. (Amended by House, Amended by Senate, Stricken Title, Stricken enacting clause)
HB3012, by Rep. Sean Roberts, R-Hominy and Sen. Ron Justice, R-Chickasha, allows a correctional officer of the Oklahoma Department of Corrections to be entitled to receive upon retirement the continued custody and possession of a sidearm and badge. (Amended by House, Amended by Senate).
HB3176, by Rep. Gus Blackwell, R-Laverne and Sen. Ralph Shortey, R-Oklahoma City, amends a permanent classified or regular unclassified employee will be entitled to take leave with pay for no more than 24 hours per year to attend meetings and other job duties.
HB3293, 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, Amended by Senate, Stricken Title, Emergency Measure, Stricken enacting clause)
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, Amended by Senate, Stricken Title, Stricken enacting clause)
SB0232, by Sen. Clark Jolley, R-Edmond and Rep. Mike Christian, R-Oklahoma City, removes outdated language related to the salaries for the Commissioner of Public Safety, the Assistant Commissioner of Public Safety and the commissioned officers within the Highway Patrol Division. The bill requires that within 30 days of the effective date of the act that the Commissioner of Public Safety will determine the salary paid to police officers of each municipality of this state employing at least 25 officers, upon initial employment and each year thereafter for the first seven years of employment. The measure requires that on January 1, 2014, and on January 1 of each year thereafter, the salaries set forth for a Probationary Highway Patrolman and for Steps 1 through 7 for a Highway Patrolman be revised to be equal to 90 percent of the average of the three highest salaries paid by such municipalities as determined by the Commissioner. (Amended by Senate, Carryover Bill, Emergency Measure, Committee Substitute)
SB1182, by Sen. Kimberley David, R-Wagoner and Rep. Jason Nelson, R-Oklahoma City, permits the Department of Human Services to contract with retired state, county, and municipal peace officers, medical professionals and social work professionals to investigate reports of child abuse and neglect and to promulgate and adopt necessary rules related that process. (Amended by House, Amended by Senate, Stricken Title, Stricken enacting clause, Committee Substitute)
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 House, Amended by Senate, Stricken Title, Stricken enacting clause).
SB1370, by Sen. Robert Standridge, R-Norman and Rep. Mike Turner, R-Edmond, modifies the requirements for vision plans offered to state employees and retiree beneficiaries for plan years beginning Jan. 1, 2015. The bill requires plans to submit required information. The bill also increases the number of providers required from 150 to 200 and requires that the plan be registered, certified or authorized to conduct business in the state, rather than only licensed. The bill also requires that any Oklahoma-based vendor who meets the criteria specified in statute be offered for enrollment in any state employee benefit offering. The bill defines an “Oklahoma-based vendor” as a vision care benefit company whose home office, customer service, and administration are located within this state and subject to state income taxes. It permits the Office of Management and Enterprise Services or its successor to select up to one out-of-state vision care benefits company as an offered vendor, provided it also meets the criteria. The bill provides that in the event an Oklahoma-based vendor fails to meet or exceed the criteria that OMES may offer any out-of-state vision care benefits company or companies as an offered vendor, provided they meet the criteria. (Amended by House, Amended by Senate, Committee Substitute
SB1372, by Sen. Josh Brecheen, R-Coalgate and Rep. Jon Echols, R-Oklahoma City, deletes certain ranks for positions with the Department of Public Safety’s communications division. The bill also reduces the minimum age for commissioned officer positions from 23 to 21 and requires that any associates degree or college hours be from an accredited college or university denoted in the Database of Accredited Post-Secondary Institutions and Programs provided by the U.S. Department of Education rather than recognized by and accepted by the American Association of Collegiate Registrars and Admissions Officers. The bill removes new education requirements that took effect July 1, 2014, and replaces them with the requirement that the individual have successfully completed 30 semester hours from an accredited college or university denoted in the Database of Accredited Post-Secondary Institutions and Programs and whose hours are transferable between such recognized institutions and have received an honorable discharge after three years of active military or reserve military service, or have successfully completed 30 semester hours from an accredited college or university as denoted in the Database of Accredited Post-Secondary Institutions and Programs and whose hours are transferable between such recognized institutions, and received an honorable discharge with the minimum rank of E5 in any active military or reserve military service; and provides that applicants with prior military service will receive up to 10 semester hours for each year of honorable service in any active military or reserve military service up to a maximum of three years or 30 semester hours. The bill corrects and clarifies other language, statutory references and date references. (Amended by House, Amended by Senate, Emergency Measure, Committee Substitute)
SB1433, by Sen. Dan Newberry, R-Tulsa and Rep. Pam Peterson, R-Tulsa, adds human trafficking to the list of crimes for which a person convicted is required to serve 85 percent of their sentence. The bill defines “victim” for human trafficking purposes. The bill states that a person convicted of human trafficking will serve 85 percent of their sentence before being eligible for parole consideration or any earned credits. The bill also provides that the terms of imprisonment will not be subject to statutory provisions for suspension, deferral or probation, or state correctional institution earned credits accruing from and after November 1, 1989, except for certain achievement earned credits related primarily to educational attainment and that to qualify for such achievement credits, such inmates must also be in compliance with the standards for Class level 2 behavior. (Amended by House, Amended by Senate, Committee Substitute)
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)
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, two times annually, for a certain number of hours of unused accrued annual leave for a maximum of 200 hours. The bill provides that the policy will be optional for all eligible employees, and the agency may choose the monthly pay period in which to receive the payment. It requires the employee to retain 120 hours of annual leave after payment is made. 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 House, Amended by Senate, Stricken Title, Committee Substitute)
SB1706, by Sen. Robert Standridge, R-Norman and Rep. Jon Echols, R-Oklahoma City, creates a reduction in Temporary Assistance for Needy Families benefits for individuals who use their electronic cards at any liquor store, casino or retail establishment that provides nude adult-oriented entertainment. It states that for the first violation, the individuals TANF payments will be reduced by 25 percent for a three month period; a second violation results in a 35 percent reduction for six subsequent months; a third violation results in a 50 percent reduction for a 12 month period; and any subsequent violations will result in an individual being deemed permanently ineligible for TANF benefits. It adds that individuals with children receiving TANF benefits will only be eligible to receive benefit payments for dependent children as provided by state and federal law. (Amended by Senate)
SB1902, by Sen. A J Griffin, R-Guthrie and Rep. Lee Denney, R-Cushing, creates the Division of Educational Services within the Office of Juvenile Affairs and provides that the division will be responsible for educational services provided or contracted by the agency. The bill permits OJA to establish a governing body to implement a charter school for juveniles in its custody and permits it to promulgate rules necessary for implementation of a charter school. The bill also permits the OJA executive director to employ or contract with personnel deemed necessary for the establishment and operation of the charter school. (Amended by Senate, Emergency Measure, Committee Substitute)