Oklahoma 2022 Regular Session

Oklahoma House Bill HB3420 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 3420 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 3420 By: Osburn of the House
	32	+
	33	+	and
	34	+
	35	+	Pugh of the Senate
	36	+
	37	+
	38	+
	39	+
	40	+	An Act relating to state employees; amending 62 O.S.
	41	+	2021, Section 34.301, which relates to the Civil
	42	+	Service and Human Capital Modernization Act; **** the
	43	+	Oklahoma Personnel Act; **** the Department of
	44	+	Commerce; ** repealing ** providing for
	45	+	codification; and declaring an emergency.
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	47	+
	48	+
	49	+
	50	+	AMENDMENT NO. 1. Page 20, lines 7-8, after the word “to” and before
	51	+	the word “continue”, insert the word “shall” and
	52	+	after the word “shall” restore the stricken
	53	+	language and delete all new language in lines 7 -8
	54	+
	55	+
	56	+	Passed the Senate the 26th day of April, 2022.
	57	+
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	60	+	Presiding Officer of the Senate
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	62	+
	63	+	Passed the House of Representatives the ____ day of _____ _____,
	64	+	2022.
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	66	+
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	68	+	Presiding Officer of the House
	69	+	of Representatives
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	71	+	ENGR. H. B. NO. 3420 Page 1 1
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	96	+	ENGROSSED HOUSE
3	97		BILL NO. 3420 By: Osburn of the House
4	98
5	99		and
6	100
7	101		Pugh of the Senate
8	102
9	103
10	104
11	105
12	106
13	107
14	108		An Act relating to state employees; amending 62 O.S.
15	109		2021, Section 34.301, which relates to the Civil
16	110		Service and Human Capital Modernization Act;
17	111		modifying powers and duties; authorizing legal
18	112		counsel; modifying exemptions ; amending 74 O.S. 2021,
19	113		Sections 840-1.3, 840-1.6, 840-1.6A, 840-1.7, 840-
20	114		1.18, 840-1.20, 840-2.9, 840-2.10a, 840-2.13, 840-
21	115		2.14, 840-2.16, 840-2.17, 840-2.18, 840-2.19, 840-
22	116		2.20, 840-2.21, 840-2.23, 840-2.25, 840-2.27C, 840-
23	117		2.27D, 840-4.19, 840-5.3 and 840-7.1, which relate to
24	118		the Oklahoma Personnel Act; modifying definitions;
25		-	removing definitions; transferring powers, duties,
	119	+	removing definitions; abolishing the Oklahoma Merit
	120	+	Protection Commission; transferring powers, duties,
26	121		and assets to the Human Capital Management Division
27	122		of the Office of Management and Enterprise Services ;
28	123		removing obsolete language; updating references;
29	124		modifying definition; modifying days of scheduled
30	125		reduction-in-force; modifying reduction-in-force
31	126		implementation plan; modifying severance benefit
32	127		packages; providing ex ception; authorizing Civil
33	128		Service Director to delegate authority to issue
34	129		certain final agency orders; amending 74 O.S. 2021,
35	130		Section 5003.5, which relates to the Department of
36	131		Commerce; modifying powers and duties of the
37	132		Department; removing obsolete provisions; authorizing
38	133		delegation of authority to issue final order;
39	134		repealing 74 O.S. 2021, Sections 840-1.2, 840-1.6B,
40	135		840-1.8, 840-1.9, 840-1.10, 840-1.12, 840-1.13, 840-
41	136		1.15, 840-1.19, 840-1.21, 840-2.5, 840-2.6, 840-
42	137		2.27A, 840-2.27B, 840-2.27F, 840-2.27G, 840-2.27I,
43	138		840-2.29, 840-3.2, 840-3.4, 840-3.5, 840-3.6, 840-
44	139		3.7, 840-3.9, 840-3.10, 840-3.11, 840-3.12, 840-3.13,
45	140		840-3.14, 840-3.15, 840-3.16, 840-3.17, 840-4.1, 840-
46		-	4.2, 840-4.3, 840-4.4, 840-4.6, 840-4.8, 840-4.9, ~~ENR. H. B. NO. 3420 Page 2~~
	141	+	4.2, 840-4.3, 840-4.4, 840-4.6, 840-4.8, 840-4.9,
47	142		840-4.10, 840-4.11, 840-4.12, 840-4.13, 840-4.14,
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48	169		840-4.15, 840-4.16, 840-5.1, 840-5.1A, 840-5.2, 840-
49	170		5.2A, 840-5.2B, 840-5.4, 840-5.5, 840-5.6, 840-5.7,
50	171		840-5.8, 840-5.9, 840-5.11, 840-5.12, 840-5.13, 840-
51	172		5.13A, 840-5.15, 840-5.16, 840-5.18, 840-5.19, 840-
52	173		5.20, 840-5.21, 840-5.23, 840-5.24, 840-5.25, 840-
53	174		5.26, 840-5.27, 840-6.1, 840-6.2, 840-6.3, 840-6.4,
54	175		840-6.5, 840-6.6, 840-6.7, 840-6.8, and 840-6.9,
55	176		which relate to the Oklahoma Personnel Act; providing
56	177		for codification; and declaring an emergency.
57	178
58	179
59	180
60	181
61		-	SUBJECT: State employees
62	182
63	183		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
64		-
65	184		SECTION 1. AMENDATORY 62 O.S. 2021, Section 34.301, is
66	185		amended to read as follows:
67		-
68	186		Section 34.301 A. This act shall be known and may be cited as
69	187		the "Civil Service and Human Capital Modernization Act".
70		-
71	188		B. The Human Capital Management Division and the Civil Service
72	189		Division of the Office of Management and Enterprise Services shall:
73		-
74	190		1. Establish and maintain a State Employee Disput e Resolution
75	191		Program, which may include mediation, to provide dispute resolution
76	192		services for state a gencies and state employe es. Actions agreed to
77	193		through the State Employee Dispute Resolution Program shall be
78	194		consistent with applicable laws and rules an d shall not alter,
79	195		reduce or modify any existing right or authority as provided by
80	196		statute or rule;
81		-
82	197		2. Establish rules pursua nt to the Administrative Procedures
83	198		Act as may be necessary to perform the duties and functions of this
84	199		act, including creating an Office of Veterans Placement t o offer
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85	226		counseling, assessment and assistance to veterans seeking stat e
86	227		employment;
87		-
88	228		3. Receive and only act on complaints by state employees
89	229		arising from disciplinary action;
90		-	ENR. H. B. NO. 3420 Page 3
91	230		4. Use administrative law judges as independent contractors or
92	231		administrative law judges provided by the Office of Attorney General
93	232		to exercise the provisions of this act ;
94		-
95	233		5. Submit quarterly rep orts on workload statistics to the
96	234		Governor, the Speaker of the Oklahoma House of Representatives and
97	235		the President Pro Tempore of the Oklahoma State Senate containing
98	236		the following information:
99		-
100	237		a. the number of cases, complaints and requests for
101	238		hearings filed, disposed of and pending with the
102	239		Division for each month of the quarter, and
103		-
104	240		b. a numerical breakdown of the methods of disposition of
105	241		such cases, complaints and requests for hearing.
106		-
107	242		Quarterly reports shall be submitted within thirty (30) days
108	243		following the last day of the month of the appropriate quarter; and
109		-
110	244		6. Create a confidential whistleblower prog ram and serve as the
111	245		chief administrator of such program whereby a sta te employee may
112	246		confidentially report claims of agency o r employee mismanageme nt as
113	247		well as criminal misuse of state funds or property. Mismanagement
114	248		includes fraudulent activity or a buse or violation of a well-
115	249		established, articulated, clear , and compelling public policy. The
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116	276		Office of the Attorney General s hall have the authority to
117	277		investigate and determine whether to prosecute such whistleblower
118	278		claims. The Attorney General shall a lso have the power to refer
119	279		such claims to the appro priate district attorn ey.
120		-
121	280		C. Complaints shall be filed with the Human Capital Management
122	281		Civil Service Division within five (5) ten (10) business days of the
123	282		date of when such action occurred and hearings shall take place
124	283		within twenty-five (25) thirty (30) business days of from the action
125	284		filing of the complaint.
126		-
127	285		D. Employees filing a complaint with the Human Capital
128	286		Management Civil Service Division shall prove that there was no
129	287		reasonable basis for the disciplinary action by the st ate agency.
130	288		The review of the merits of the complaint shall be limite d to the
131	289		employee disciplinary file directly at issue. Complaints relating
132	290		to punitive transfers or written reprimands shall be administrated
133	291		through mediation first and shall only proceed to a hearing if
134	292		mediation is unsuccessful. Employees who were offered a relocation
135		-	incentive as set forth in administrative rule shall not be deemed as ~~ENR. H. B. NO. 3420 Page 4~~
	293	+	incentive as set forth in administrative rule shall not be deemed as
136	294		being subject to a punitive transfer. Complaints relating to
137	295		written reprimands shall be administered through mediation
138	296		exclusively. Mediation may also be av ailable for other disciplinary
139	297		actions.
140		-
141	298		E. Claimants shall be permitted to secure and utilize
142	299		representation during the adverse action process.
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143	325
144	326		F. The presiding officer of any proceeding before the Human
145	327		Capital Management Civil Service Division may require paymen t of
146	328		reasonable attorney fees and costs to the prevailing party if the
147	329		position of the nonprev ailing party was without reasonable basis or
148	330		was frivolous.
149		-
150	331		G. For purposes of this section , "disciplinary actions" means
151	332		termination, suspension without pay, in voluntary demotion, punit ive
152	333		transfers or written reprimand.
153		-
154	334		H. Nothing in this section shall apply to:
155		-
156	335		1. Persons employed by the Governor, Lieutenant Governor,
157	336		Oklahoma House of Representatives, Oklahoma State Sena te,
158	337		Legislative Service Bureau, or the Legislative Office of Fi scal
159	338		Transparency;
160		-
161	339		2. Elected officials;
162		-
163	340		3. Political appointees;
164		-
165	341		4. District attorneys, assistant district attorneys or other
166	342		employees of the district attorney's office;
167		-
168	343		5. The state judiciary or persons employed by the state
169	344		judiciary; or
170		-
171	345		6. Not more than five percent ( 5%) of an agency's employees
172	346		designated as executive management as determined by the agency
173	347		director;
174		-
175	348		7. Temporary employees employed to work less than one thousand
176	349		(1,000) hours in any twelve -month period;
177	350
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178	376		8. Seasonal employees emp loyed to work less tha n one thousand
179	377		six hundred (1,600) hours in any twelve-month period;
180		-	ENR. H. B. NO. 3420 Page 5
181	378		9. Employees in a trial period; or
182		-
183	379		10. State employees whose employ ment status is otherwise
184	380		provided by law.
185		-
186	381		I. Except as provided by subsection H of this sectio n,
187	382		effective January 1, 2022, all state employee positions shall be
188	383		administered by the Human Capital Management Division of the Office
189	384		of Management and Enterprise Services, without reference to prior
190	385		classified or unclassified status.
191		-
192	386		J. Under the administratio n and oversight of the Human Capital
193	387		Management Division as set forth in subsection I of this section,
194	388		state agencies shall continue to be responsible for developing and
195	389		conducting policies and procedures for hu man resource activities,
196	390		including, but not limited to, recruitment, retention, promotion,
197	391		market-based pay analysis, training an d development. In addition,
198	392		state agencies shall develop procedures for screening, hiring and
199	393		disciplinary actions of state em ployees subject to guidance and
200	394		approval by the Division.
201		-
202	395		K. The Civil Service Division is authorized to employ attorneys
203	396		or contract with private attorneys to serve as legal counsel to the
204	397		Civil Service Division. The attorneys shall be authorized to appear
205	398		for and represent the Civil Service Division in all li tigation that
206	399		may arise from the discharge of its duties, including the
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207	426		representation of the Civil Service Divi sion when its decisions are
208	427		appealed to higher courts. Attorneys employed by the Office of
209	428		Management and Enterprise Services to represent the Civ il Service
210	429		Division shall represent the Civil Service Division notwi thstanding
211	430		its representation of the Offi ce of Management and Enterpr ise
212	431		Services in the same or related matters pending before the Civil
213	432		Service Division or before any court. The Office of Management and
214	433		Enterprise Services shall establish internal admin istrative
215	434		procedures to ensure that all d epartments within the Office of
216	435		Management and Enterprise Services are provided independent legal
217	436		representation, and such simultaneous representat ion shall not, of
218	437		itself, be deemed to constitute a conflict of inte rest.
219		-
220	438		L. The Civil Service Division shal l be exempt from the
221	439		requirements set forth in Section 20i of Title 74 of the Oklahoma
222	440		Statutes when carrying out the duties and functions of this act.
223		-
224	441		SECTION 2. AMENDATORY 74 O.S. 2021, Section 840-1.3, is
225		-	amended to read as fol lows: ENR. H. B. NO. 3420 Page 6
226		-
	442	+	amended to read as fol lows:
227	443		Section 840-1.3 As used in the Oklahoma Personnel Act this act,
228	444		unless otherwise provided in S ections 840-1.1 through 840-6.9 of
229	445		this title:
230		-
231	446		1. "Agency" means any office, department, board, commission or
232	447		institution of the executive branch of state government;
233		-
234	448		2. "Employee" or "state employee" means an elected or appointed
235	449		officer or employee of an agency unless otherwise indicated;
236	450
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237	476		3. "Appointing authority" means the chief administrative
238	477		officer of an agency;
239		-
240	478		4. "Classification" means:
241		-
242	479		a. the process of placing an employee into an appropriate
243	480		job family and level within the job family, consiste nt
244	481		with the allocation of the position to which the
245	482		employee is assigned, o r
246		-
247	483		b. an employee's job family and the level at which work
248	484		is assigned;
249		-
250	485		5. "Classification plan" means the orderly arrangement of
251	486		positions within an agency into separate and distin ct job families
252	487		so that each job family will contain th ose positions which involve
253	488		similar or comparable skills, duties and responsibilities;
254		-
255	489		6. "Classified service" means state employees and positions
256	490		under the jurisdiction of the Oklahoma Merit System o f Personnel
257	491		Administration;
258		-
259	492		7. "Copy" means the duplication of an original document or
260	493		recording. The copy may be provided in an electronic format
261	494		generated from technology having e lectrical, digital, magnetic,
262	495		wireless, optical, electromagnetic, or simi lar capabilities;
263		-
264	496		8. "Entrance examination" means any employment test used by the
265	497		Office of Management and Enterprise Services to rank the names of
266	498		applicants who possess the minimum requirements of education,
267	499		experience, or licensure for a job or group o f similar jobs on a
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268	526		register of eligibles established b y the Office of Mana gement and
269	527		Enterprise Services;
270		-	ENR. H. B. NO. 3420 Page 7
271	528		9. "Job" means a position or job family level in a job family;
272		-
273	529		10. "Job family" means:
274		-
275	530		a. jobs which require similar core skills and involve
276	531		similar work, and
277		-
278	532		b. a logical progression of roles in a spec ific type of
279	533		occupation in which the differences between roles are
280	534		related to the depth and breadth of experience at
281	535		various levels within the job family and which are
282	536		sufficiently similar in duties an d requirements of the
283	537		work to warrant similar treatment as to title, typical
284	538		functions, knowledge, skills and abilities required,
285	539		and education and experience requirements;
286		-
287	540		11. "Job family level" means a role in a job family having
288	541		distinguishable charact eristics such as knowledge, skills,
289	542		abilities, education, and experience;
290		-
291	543		12. "Job family descriptor" means a written document that:
292		-
293	544		a. describes a job family, including, but not lim ited to,
294	545		the basic purpose, typical functions performed,
295	546		various levels within the job family, and the
296	547		knowledge, skills, abilit ies, education, and
297	548		experience required for each level, and
298		-
299	549		b. identifies the pay band assigned for each level;
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301	576		13. "Promotional examination" means any employment test
302	577		designated by the Office of Mana gement and Enterprise Services to
303	578		determine further the qualifications of a permanent classified
304	579		employee of a state agency for employment in a different job for
305	580		which the employee po ssesses the minimum qualifications of
306	581		education, experience, or licensure within that agency;
307		-
308	582		14. "Interagency transfer" means an action in which a n employee
309	583		leaves employment with one agency and enters employment with another
310	584		agency while continuously em ployed with the state;
311		-
312	585		15. "Intra-agency transfer" means moving an emplo yee from one
313	586		position to another position with the same agency either with or
314	587		without reclassification;
315		-	ENR. H. B. NO. 3420 Page 8
316		-	16. "Job-related organization" means a membership association
317		-	which collects annual dues, conducts annual meetings and provides
318		-	job-related education for its members and which includes state
319		-	employees, including any associatio n for which payroll deductions
320		-	for membership dues are authorized pursuant to paragraph 5 of
321		-	subsection B of Section 7.10 34.70 of Title 62 of the Oklahoma
	588	+	16. 4. "Job-related organization" means a membership
	589	+	association which collect s annual dues, conducts annual meetings and
	590	+	provides job-related education for its members and which includes
	591	+	state employees, incl uding any associatio n for which payroll
	592	+	deductions for membership dues are authorized pursuant to paragraph
	593	+	5 of subsection B of Section 7.10 34.70 of Title 62 of the Oklahoma
322	594		Statutes;
323		-
324	595		17. "Lateral transfer" means the reassignment of an employee to
325	596		another state job with th e same pay band assignment as the job
326	597		family level in which the employee was classified prior to the
327	598		lateral transfer;
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328	624
329	625		18. "Merit Rules" or "Merit Rules for Employment " or "Merit
330	626		System of Personnel Administration Rules" means rules adopted by the
331	627		Director of the Office of Management and Enterprise Services or the
332	628		Oklahoma Merit Protection Commission pursuant to the Oklahoma
333	629		Personnel Act;
334		-
335	630		19. "Noncompetitive appointment " means the appointment of a
336	631		person to a noncompetitive job level within a job family;
337		-
338	632		20. "Noncompetitive job" means an unskilled or semiskilled job
339	633		designated by the Office of Management and Enterprise Services as
340	634		noncompetitive. Noncompetitive jobs do not req uire written
341	635		examinations for placement on registers of el igibles;
342		-
343	636		21. "Permanent classified employee" means a classified service
344	637		employee who has acquired permanent status in accordance with the
345	638		Oklahoma Personnel Act, and rules adopted pursuant thereto, and who
346	639		has the right to appeal involuntary demotion, sus pension without
347	640		pay, and discharge to the Commission;
348		-
349	641		22. "Presiding official" means a person serving the Oklahoma
350	642		Merit Protection Commission in the capacity of administrative
351	643		hearing officer, med iator, or other alternative dispute resolution
352	644		arbitrator or facilitator;
353		-
354	645		23. 5. "Progressive discipline" means a system designed to
355	646		ensure the consistency, impartiality and predictability of
356	647		discipline and the flexibility to vary penalties if justified b y
357	648		aggravating or mitigating conditions;
358	649
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359	675		24. "Reclassification" means the process of changing a
360		-	classified employee from one job family to another job family or ~~ENR. H. B. NO. 3420 Page 9~~
	676	+	classified employee from one job family to another job family or
361	677		from one job family level to another job family level in the same
362	678		job family, resulting in a ch ange in the employee's assigned job
363	679		code;
364		-
365	680		25. "Regular and consistent" means, in connection with the work
366	681		assignments of an employee, the usual and normal work assignments of
367	682		the employee, excluding incidental, casual, or occasional tasks and
368	683		activities the employee assumes without direction to do so.
369	684		Temporary work assignments of less than sixty (60) days in any
370	685		twelve (12) consecutive months period shall not be considered
371	686		regular and consistent;
372		-
373	687		26. "Regular unclassified service employee " means an
374	688		unclassified service employee who is not on a temporary or oth er
375	689		time-limited appointment;
376		-
377	690		27. 6. "Supervisor" means a classified or unclassified an
378	691		officer or employee who has bee n assigned authority and
379	692		responsibility for evaluating the performance of subor dinates;
380		-
381	693		28. "Unclassified service" or "exempt service" means employees
382	694		and positions excluded from coverage of the Oklahoma Merit System of
383	695		Personnel Administration;
384		-
385	696		29. "Merit System" means the Oklahoma Merit System of Personnel
386	697		Administration;
387	698
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388	724		30. 7. "Director" means the appointing authority of the Office
389	725		of Management and Ent erprise Services;
390		-
391	726		31. "Executive Director" means the appointing authority of the
392	727		Oklahoma Merit Prote ction Commission;
393		-
394	728		32. 8. "Office" means the Office of Management and Enterp rise
395	729		Services; and
396		-
397	730		33. "Commission" means the Oklahoma Merit Protection
398	731		Commission;
399		-
400	732		34. 9. "Veteran" means a person who has been honorably
401	733		discharged from the Armed Forces of the Un ited States and has been a
402	734		resident of Oklahoma for at least one (1) year prior to the date of
403	735		the examination; and
404		-	ENR. H. B. NO. 3420 Page 10
405	736		35. "Voluntary out" means the voluntary separation of employees
406	737		from the state service in exchange for benefits offered by an agency
407	738		in order to reduce or eliminate the adverse impact of an imminent
408	739		reduction-in-force.
409		-
410	740		SECTION 3. AMENDATORY 74 O.S. 2021, Section 8 40-1.6, is
411	741		amended to read as follows:
412		-
413	742		Section 840-1.6 A. The internal administrative organization of
414	743		the Office of Management and Enterprise Services shall be determined
415	744		by the Director of the Office of Management and Enterprise Services
416	745		in such a manner as to promote the efficient and effective
417	746		enforcement of the Oklahoma Personnel Act this act.
418	747
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419	773		B. The Director of the Office of Management and Enterprise
420	774		Services may employ at torneys, accountants and other personnel as
421	775		the Director deems necessary to carry out t he duties imposed upon
422	776		the Office.
423		-
424	777		C. Employees of the Office shall be subject to the Merit Sys tem
425	778		of Personnel Administration, unless otherwise exempted by Section
426	779		840-5.5 of this title.
427		-
428	780		SECTION 4. AMENDATORY 74 O.S. 2021, Section 840-1.6A, is
429	781		amended to read as follows:
430		-
431	782		Section 840-1.6A The Office of Personnel Management Division of
432	783		the Office of State Finance is hereby was consolidated into and
433	784		renamed the Office of Management and Enterprise Services. Where the
434	785		term "Office of Personnel Management" is used within the Oklahoma
435	786		Statutes, it shall mean the Office of Manage ment and Enterprise
436	787		Services. The chief administrative officer shall be the Director of
437	788		the Office of Management and Enterprise Services. In addition to
438	789		the other duties imposed by law, the Director shall:
439		-
440	790		1. Be responsible for the development of an eff icient and
441	791		effective system of personnel administration that meets the
442	792		management needs of the various agencies;
443		-
444	793		2. Organize the Office to provide both service and regulatory
445	794		functions that are effective and ef ficient in meeting the management
446	795		needs of various state agencies. The Director is directed to
447	796		establish an agency se rvice function to assist agencies with human
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448	823		resource needs based upon the administrati ve capacity and resources
449		-	of the various agencies; ENR. H. B. NO. 3420 Page 11
450		-
	824	+	of the various agencies;
451	825		3. Prepare, maintain, and revise a classified system of
452	826		employment designed to ensure the impartial consideration of
453	827		applicants for employment and to protect state employees from
454	828		arbitrary dismissal or un fair treatment;
455		-
456	829		4. Develop and maintain a classifi cation and compensation
457	830		system for all classified positions in the executive branch of state
458	831		government including thos e established by the Oklahoma Constitution;
459		-
460	832		5. Conduct an analysis of the rates of pay prevailing in the
461	833		state in the public and private sectors for comparable jobs and
462	834		report the findings to the Governor, the President Pro Tempore of
463	835		the Senate, and the Speaker of the House of Representatives no later
464	836		than December 1 of each year. Such analysis shall include all forms
465	837		of compensation incl uding fringe benefits. Information solicited by
466	838		the Office of Management and Enterprise Services from public and
467	839		private sector employers for such analysis, including but not
468	840		limited to salaries, benefits , and compensation policies and
469	841		procedures, shall be confidential and shall not be subject to
470	842		disclosure under the Oklahoma Open Records Act;
471		-
472	843		6. Develop a program for t he recruitment of qualified persons,
473	844		including the administration of valid job-related nondiscriminatory
474	845		selection procedures providing fo r competitive examinations and
475	846		other job-related assessments. As part of the recruitment program
	847	+
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476	873		established by this section, the Director may identify positions or
477	874		job family levels for expedited recruit ment. Such expedited
478	875		recruitment jobs may include only those jobs where education,
479	876		experience or certification requirements substantially limit the
480	877		pool of available ap plicants. Applicants who have been certified by
481	878		the Office of Management and Enterpris e Services as meeting the
482	879		minimum qualifications fo r such jobs may be referred to agencies
483	880		with vacancies in such jobs without examination or ranking, and may
484	881		be eligible for appointment upon referral. However, a referral may
485	882		not occur until the register for the job has been publicly announced
486	883		for at least fourteen (14) calendar days. The Director may remove
487	884		positions or job family levels from expedited recruitment at a ny
488	885		time. The Director shall promulgate rules to implement expedited
489	886		recruitment;
490		-
491	887		7. Develop and implement a reasonable and expeditious m ethod
492	888		for referral of capable candidates for vacancies, probationary
493	889		periods of employment, and the employment of indi viduals on other
494		-	types of appointments as necessary; ENR. H. B. NO. 3420 Page 12
495		-
	890	+	types of appointments as necessary;
496	891		8. Assist state agencies in imple menting their duties and
497	892		obligations pursuant to the Oklahoma Personnel Act and provide
498	893		standard forms to the agencies if necessary;
499		-
500	894		9. 7. Develop, in cooperation with appointing authorities,
501	895		employee training programs, management trai ning programs, a
502	896		certified public manager program, a recruiting program, and a system
	897	+
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503	923		of performance appraisals, and assist appointing authorities in the
504	924		setting of productivity goals. The Director may establish and
505	925		collect fees for participation in train ing programs. The D irector
506	926		is authorized to purchase awards for presentation to state employees
507	927		as part of employee recognition activities sponsored by the Office
508	928		of Management and Enterpr ise Services;
509		-
510	929		10. 8. Establish rules for leave and pay including, but not
511	930		limited to, rules for leave, furloughs, performance pay increases,
512	931		rates for pay differentials, on-call pay, and other types of pay
513	932		incentives and salary adjustments consistent with the Oklahoma
514	933		Personnel Act this act and reduction-in-force;
515		-
516	934		11. Assist the Oklahoma Merit Protection Commission and the
517	935		Executive Director in effectuating their duties, enforcement of the
518	936		rules of the Merit System of Personnel Administration, and
519	937		implementation of corrective actio n issued by the Commission;
520		-
521	938		12. 9. Be responsible for the developmen t and maintenance of a
522	939		uniform occupation code system, grouped by job titles or duties, for
523	940		all classified and unclassified state positions. The responsibility
524	941		shall include the establis hment of rules governing the
525	942		identification, tracking, and reporting of all state positions as
526	943		provided in Section 840-2.13 of this title;
527		-
528	944		13. 10. Be responsible for advising state agencies on personnel
529	945		policy and administration;
	946	+
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530	971
531	972		14. 11. Establish standards for continuing training, including
532	973		affirmative action, and certification of personnel professionals in
533	974		the executive branch of state government, excluding institutions
534	975		within The Oklahoma State System of Higher Education. Employees
535	976		appointed to professional personnel positions shall complete an
536	977		initial training program within one (1) year after assuming the
537	978		professional personnel position. Thereafter, they shall complete
538	979		annual training requirements. Each appointing authority shall
539		-	ensure that all professional personnel employees are notified of, ~~ENR. H. B. NO. 3420 Page 13~~
	980	+	ensure that all professional personnel employees are notified of,
540	981		and scheduled to atte nd, required training programs and shall make
541	982		time available for employees to complete the programs. The Director
542	983		shall be authorized to bill agencies for the training of personnel
543	984		professionals pursuant to this paragraph to recover reasonable costs
544	985		associated with the training. Monies receive d for such training
545	986		shall be deposited in the Human Capital Management Revolving Fund.
546	987		Expenditure of such funds collected for the training shall be exempt
547	988		from any expenditure limit on the Office of Management and
548	989		Enterprise Services established by law;
549		-
550	990		15. 12. Not less than once during each two-year period, conduct
551	991		a study identifying the following, by job family descriptors:
552		-
553	992		a. selected job family levels jobs with a turnover rate
554	993		in excess of ten percent (10%),
555		-
556	994		b. selected job family levels jobs identified by the
557	995		Director of the Office of Management and Enterprise
	996	+
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558	1022		Services with salaries and benefits that are ten
559	1023		percent (10%) or more below the ma rket for such
560	1024		positions, and
561		-
562	1025		c. selected job family levels jobs identified by the
563	1026		Director in which recruitment efforts have yielded a
564	1027		low number of qualified applicants;
565		-
566	1028		16. Issue orders directing agencies to:
567		-
568	1029		a. conform and comply with the provisions of the Oklahoma
569	1030		Personnel Act, the Merit Rules of Personnel
570	1031		Administration, and all memoranda or other written
571	1032		communications issued to agencies explaining the
572	1033		Oklahoma Personnel Act, the Rules, and any other
573	1034		matter relating to the Merit System of Personnel
574	1035		Administration or under the jurisdiction of the
575	1036		Director, and
576		-
577	1037		b. take action pursuant to Section 840-6.9 of this title
578	1038		for failure to implement those orders;
579		-
580	1039		17. 13. Establish a workforce planning function within the
581	1040		Office of Management and Enterprise Se rvices to assist state
582	1041		agencies in analyzing the current workforce, d etermining future
583	1042		workforce needs, and i mplementing solutions so that agencies may
584		-	accomplish their missions; and ENR. H. B. NO. 3420 Page 14
585		-
	1043	+	accomplish their missions; and
586	1044		18. 14. Establish a quality management function within the
587	1045		Office of Management and Enterprise Services and shall assist state
	1046	+
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588	1072		agencies in fully integrating quality management concepts an d models
589	1073		into their business practices for the purpose of improving the
590	1074		overall efficiency and effectiveness of state government.
591		-
592	1075		SECTION 5. AMENDATORY 74 O.S. 2021, Section 840-1.7, is
593	1076		amended to read as follows:
594		-
595	1077		Section 840-1.7 A. There is hereby created the The Oklahoma
596		-	Merit Protection Commission, to shall continue until December 31,
597		-	2022. Whenever the terms "Ethics and Merit Commission" or, "Special
598		-	Counsel of the Ethics and Merit Commission", or the "Oklahoma Merit
599		-	Protection Commission" appear in the Oklahoma Statutes, they shall
600		-	mean the Oklahoma Merit Protection Commi ssion or the Executive
601		-	Director of the Oklahoma M erit Protection Commission as may be
602		-	appropriate to the context in which they appear. The Okla homa Merit
603		-	Protection Commission shall consist of nine (9) me mbers who shall be
604		-	appointed for a term of three (3 ) years. The members shall be
605		-	removable only for cause, as provided by law for the removal of
606		-	officers not subject to impeachment. Two members of the Commission
607		-	shall be appointed b y the President Pro Te mpore of the Senate. Two
608		-	members of the Commission shall be appointed by the Speaker of the
609		-	House of Representatives. Five members of the Commission shall be
610		-	appointed by the Governor. No more than four of the appointments
611		-	made by the Governor shall be from the same political party. Of the
612		-	initial appointments made to the Commission, one member appoi nted by
613		-	the President Pro Tempore, one member appointed by the Speaker and
614		-	one member appointed by the Governor shall be for a term of three
615		-	(3) years; and one member appointed by the President Pro Tempore,
	1078	+	Merit Protection Commission, to continue until December 31, 2022 is
	1079	+	hereby abolished. Whenever the terms "Ethics and Merit Commission",
	1080	+	or "Special Counsel of the Ethics and Merit Commission", or the
	1081	+	"Oklahoma Merit Protection Commission" appear in the Oklahoma
	1082	+	Statutes, they shall mean the Oklahoma Merit Protection Commi ssion
	1083	+	or the Executive Director of the Oklahoma M erit Protection
	1084	+	Commission as may be appropriate to the context in which they
	1085	+	appear. The Oklahoma Merit Protection Commission shall consist of
	1086	+	nine (9) members who shall be appointed for a term of three (3 )
	1087	+	years. The members shall be removable only for cause, as provided
	1088	+	by law for the removal of officers not subject to impeachment. Two
	1089	+	members of the Commission shall be appointed b y the President Pro
	1090	+	Tempore of the Senate. Two members of the Commission shall be
	1091	+	appointed by the Speaker of the House o f Representatives. Five
	1092	+	members of the Commission shall be appointed by the Governor. No
	1093	+	more than four of the appointments made by the Governor shall be
	1094	+	from the same political party. Of the initial appo intments made to
	1095	+	the Commission, one member appoi nted by the President Pro Tempore,
	1096	+
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616	1122		one member appointed by the Speaker and one member appointed by the
617		-	Governor shall be for a term of two (2) years. The remaining three
618		-	initial appointments by the Governor shall be d esignated to serve a
619		-	term of one (1) year. At the expiration of the init ial term, each
620		-	new appointee shall serve a three -year term. All initial
621		-	appointments shall be made prior to July 1, 1982.
622		-
	1123	+	Governor shall be for a term of three (3) years; and one member
	1124	+	appointed by the President Pro Tempore, one member appointed by the
	1125	+	Speaker and one membe r appointed by the Governor shall be for a term
	1126	+	of two (2) years. The remaining three initial appointments by the
	1127	+	Governor shall be designated to serve a t erm of one (1) year. At
	1128	+	the expiration of the init ial term, each new appointee shall serve a
	1129	+	three-year term. All initial appointments shall be made prior to
	1130	+	July 1, 1982.
623	1131		B. Members of the Co mmission shall be entitled to reimburse ment
624	1132		for expenses incurred in the performance of their duties as provided
625	1133		in the State Travel Reimbursement Act.
626		-
627	1134		C. The Commission shall elect a chairman to serve a two-year
628	1135		term and such other officers as deemed nec essary for the performance
629		-	of their duties. The Commission s hall hold regular meetings not ~~ENR. H. B. NO. 3420 Page 15~~
	1136	+	of their duties. The Commission s hall hold regular meetings not
630	1137		less than once a mon th and such additional meetings as called by the
631	1138		chairman as may be required for the proper discharge of its duties
632	1139		Human Capital Management Division of the Office of Management and
633	1140		Enterprise Services.
634		-
635	1141		B. Any funds appropriated to, in the possession of , or
636	1142		allocated to the Commission shall be deemed to be funds of the
637	1143		Office of Management and Enterprise Services.
638		-
639	1144		C. Upon request of the Directo r of the Office of Management and
640	1145		Enterprise Services, the pe rsonnel of the Commission shall deliver
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641	1172		to the Office of Management and Enterprise Servic es all books,
642	1173		papers, records, and property of the Commission.
643		-
644	1174		D. All functions, powers, duties, and obligations previously
645	1175		assigned to the Commission are hereby transferred to the Office of
646	1176		Management and Enterprise Services.
647		-
648	1177		E. All rules, regulations, act s, orders, determinati ons, and
649	1178		decisions of the Commission pertaining to the functions and powers
650	1179		herein transferred and assigned to the Office of Management and
651	1180		Enterprise Services in force at the time of such transfer,
652	1181		assignment, assumption , or devolution shall continue in f orce and
653	1182		effect as rules, regulations, acts, or ders, determinations, and
654	1183		decisions of the Commission until duly modified or abrogated by the
655	1184		appropriate body or until otherwise provided by law.
656		-
657	1185		SECTION 6. AMENDATORY 74 O.S. 2021, Section 840-1.18, is
658	1186		amended to read as follows:
659		-
660	1187		Section 840-1.18 A. The administrative expen ses and costs of
661	1188		operating the Merit System shall be paid by the various divisions of
662	1189		the state government included within the Merit System , and each such
663	1190		agency shall be authorized to include in its budget estimates its
664	1191		pro rata share of such costs, and s hall remit such shares quarterly
665	1192		from departmental or agency funds to the Office of Management and
666	1193		Enterprise Services who shall deposit su ch shares to the credit of
667	1194		the General Revenue Fund of the State Treasury.
668	1195
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669	1221		B. The Director shall maintain accurate r ecords reflecting the
670	1222		costs of administering its provisions, and at the close of each
671	1223		quarter-year period shall summarize said costs, and s hall bill each
672	1224		department or agency included within the terms of the Oklahoma
673	1225		Personnel Act with a pro rata share of the administrative costs
674		-	based on the relationship between the quarterly average number of ~~ENR. H. B. NO. 3420 Page 16~~
	1226	+	based on the relationship between the quarterly average number of
675	1227		employees in the classified service of such depa rtment or agency,
676	1228		and the quarterly average number of employees in the classified
677	1229		service of the state.
678		-
679	1230		C. The Director shall separately categorize and estimate
680	1231		expenditures and budget needs for other services perform ed which are
681	1232		not appropriately charged to state agencies on a pro rata basis.
682		-
683	1233		D. Any state agency for which the Director provides payroll
684	1234		services shall pay for such services at a rate established by the
685	1235		Director, which shall be based upon the cost to the Director of
686	1236		providing such services. Each agency shall remit payment for such
687	1237		services quarterly from departmental or agency funds to the Director
688	1238		who shall deposit such payments into the Office of Human Capital
689	1239		Management and Enterprise Services Revolving Fund created in Section
690	1240		840-1.20 of this title.
691		-
692	1241		E. B. No state disbursing or auditing officer shall make or
693	1242		approve or take any part in making or appro ving any payment for
694	1243		personal service to any person holding a position in the state
695	1244		classified service, brought under the Oklahoma Personnel Act law
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696	1271		unless the payroll voucher or account of such pay bears the
697	1272		certification of the appointing authority or de signee, that the
698	1273		persons named therein have been appointed and employed in accordance
699	1274		with the provisions of the Oklahoma Personnel Act law and the rules
700	1275		promulgated hereunder. The appointing authority or designee may for
701	1276		proper cause withhold certificati on from an entire payroll or from
702	1277		any specific item or items thereon.
703		-
704	1278		Any citizen may maintain a suit to restrain a disbursing officer
705	1279		from making any payment in contravention of any provision of the
706	1280		Oklahoma Personnel Act law or rules promulgated hereu nder. Any sum
707	1281		paid contrary to any provision of the Oklahoma Personnel Act law or
708	1282		any rule promulgated hereunder may be recovered in an ac tion
709	1283		maintained by any citizen, from any officer who made, approved or
710	1284		authorized such payment or who signed or count ersigned a voucher,
711	1285		payroll, check or warrant for such payment, or from the sureties on
712	1286		the official bond of any such officer. All monies recovered in any
713	1287		such action shall be paid into the State Treasury.
714		-
715	1288		Any person appointed or employed in contravention of any
716	1289		provision of the Oklahoma Personnel Act law or any rules or orders
717	1290		promulgated hereunder, whose employment is brought within the te rms
718	1291		of the Oklahoma Personnel Act law, who performs service for which he
719		-	or she is not paid, may maintain an action a gainst the officer or ~~ENR. H. B. NO. 3420 Page 17~~
	1292	+	or she is not paid, may maintain an action a gainst the officer or
720	1293		officers who purported to appoint or employ the person to recover
721	1294		the agreed pay for such services, or the reasonable value thereof if
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722	1321		no pay was agreed upon. No officer shall be reimbursed by the state
723	1322		at any time for any sum paid t o such person on account of such
724	1323		services.
725		-
726	1324		If the appointing authority or designee wrongfully withholds
727	1325		certification of the payroll vouche r or account of any employee,
728	1326		such employee may maintain an action or proceeding in the courts to
729	1327		compel the appointing authority or designee to certify such payroll
730	1328		voucher or account.
731		-
732	1329		SECTION 7. AMENDATORY 74 O.S. 2021, Section 840-1.20, is
733	1330		amended to read as follows:
734		-
735	1331		Section 840-1.20 A. There is hereby created in the State
736	1332		Treasury a revolving fund for the Office of Management and
737	1333		Enterprise Services to be designated the "Human Capital Management
738	1334		Revolving Fund". The fund shall be a continuing fund, not subject
739	1335		to fiscal year limitations, and shall consist of fees received by
740	1336		the Office of Management and Enterprise Services for providing
741	1337		training for a certified public managers program and all other
742	1338		monies received by the Office of Management and Enterprise Services,
743	1339		except for appropriated monies and monies received as payment for
744	1340		administrative expenses under Section 840-1.18 of this title. All
745	1341		monies accruing to the credit o f the fund are hereby appropriated
746	1342		and may be budgeted and expended by the Office of Management and
747	1343		Enterprise Services for defraying the costs incurred in performin g
748	1344		the duties and functions of the Office. Expenditures from the fund
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749	1371		shall be made upon wa rrants issued by the State Treasurer ag ainst
750	1372		claims filed as prescribed by law with the Director of the Office of
751	1373		Management and Enterprise Services for approval and payment.
752		-
753	1374		B. There is hereby created a petty cash fund not to exceed Two
754	1375		Hundred Fifty Dollars ($250.00) for the Office of Manage ment and
755	1376		Enterprise Services. The Director of the Office of Management and
756	1377		Enterprise Services shall prescribe the rules and procedures for the
757	1378		administration of the petty cash fund.
758		-
759	1379		C. Any monies in or obligations against the Employee Benefits
760	1380		Revolving Fund and the Benefits Council Administration Revolving
761	1381		Fund shall be transferred to the Human Capital Management Revolving
762	1382		Fund. Funds previously designated for deposit into the Employee
763		-	Benefits Revolving Fund and the Benefits Council Administration ~~ENR. H. B. NO. 3420 Page 18~~
	1383	+	Benefits Revolving Fund and the Benefits Council Administration
764	1384		Revolving Fund shall be deposited into the Human Capital Management
765	1385		Revolving Fund.
766		-
767	1386		D. The Office of Management and Enterprise S ervices is hereby
768	1387		directed to pay from the fund the costs of transcribing the record
769	1388		of any proceeding before the Office of Manage ment and Enterprise
770	1389		Services, which record may be designated by an indigent respondent,
771	1390		if such respondent first establishes i ndigent condition through
772	1391		execution of an in forma pauperis affidavit upon a form approved by
773	1392		the Office of Management and Enterpr ise Services; provided, that if
774	1393		the indigent respondent has a financial recovery the fund shall be
775	1394		reimbursed from the proceed s.
776	1395
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777	1421		SECTION 8. AMENDATORY 74 O.S. 2021, Section 840-2.9, is
778	1422		amended to read as follows:
779		-
780	1423		Section 840-2.9 A. No person in the state service, whether
781	1424		subject to the provisions of the Merit System or in unclassified
782	1425		service, shall be appointed to or demoted or dismissed from any
783	1426		position in the state service, or in any way favored or
784	1427		discriminated against with respect to employment in the state
785	1428		service because of political or religious opinions or affiliations,
786	1429		race, creed, gender, colo r or national origin or by reason of any
787	1430		physical handicap so long as the physical handicap does not render
788	1431		the employee unable to do the w ork for which he or she is employed.
789	1432		The hiring of special disabled veterans pursuant to Sections 401
790	1433		through 404 of Title 72 of the Oklahoma Statutes shall not
791	1434		constitute favoritism as herein prohibited.
792		-
793	1435		B. No person shall use or promise to use, directl y or
794	1436		indirectly, any official authority or influence, whether possessed
795	1437		or anticipated, to secure or attempt to secur e for any person an
796	1438		appointment or advantage in appointment to a position in the
797	1439		classified service, or an increase in pay or other advanta ge in
798	1440		employment in any such position, for the purpose of influencing the
799	1441		vote or political action of any person, or for any consideration.
800	1442		Letters of inquiry, recommendation and reference for public
801	1443		employees by public officials shall not be considered of ficial
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802	1470		authority or influence unless such letter contains a threat,
803	1471		intimidation, or irrelevant, derogatory or false information.
804		-
805	1472		C. No person shall make any false statement, certificate,
806	1473		score, rating or report with regard to any test, certification or
807	1474		appointment made under any provision of the Oklahoma Personnel Act
808		-	to state service or in any manner commit any fraud related to ~~ENR. H. B. NO. 3420 Page 19~~
	1475	+	to state service or in any manner commit any fraud related to
809	1476		employment in state service preventing the implementation of the
810	1477		provisions of the Oklahoma Personnel Act law and rules made pursuant
811	1478		thereto.
812		-
813	1479		D. No employee, examiner or other person shall deny, deceive or
814	1480		obstruct any person in his or her rig ht to examination, eligibility,
815	1481		certification or appointment or furnish to any person any spe cial or
816	1482		secret information for the purpose of effecting the rights or
817	1483		prospects of any person with respect to employment in the classified
818	1484		state service.
819		-
820	1485		E. No person shall, directly or indirectly, give, render, pay,
821	1486		offer, solicit or accept any money, se rvice or other valuable
822	1487		consideration for or a s a result of any appointment, proposed
823	1488		appointment, promotion or proposed promotion to or any advantage in,
824	1489		a position in the classified or unclassified state service.
825		-
826	1490		F. Alleged violation of this section sha ll be reported to the
827	1491		Oklahoma Merit Protection Commission Attorney General.
828		-
829	1492		SECTION 9. AMENDATORY 74 O.S. 2021, Section 840-2.10a,
830	1493		is amended to read as follows:
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831	1519
832	1520		Section 840-2.10a A. State agencies shall provide or contract
833	1521		to provide, through the State Employee Assistance Program,
834	1522		debriefing and counseling services for state employees who are
835	1523		involved in, witness or are otherwise exposed to a violent or
836	1524		traumatic event in the workplace.
837		-
838	1525		B. State employees who are affected by such events shall be
839	1526		encouraged to participate in debriefing or counseling services and
840	1527		paid administrative leav e shall be provided. However, employees
841	1528		shall have the option to refuse services offered.
842		-
843	1529		C. The Director of the Department of Mental Health and
844	1530		Substance Abuse Services Office of Management and Enterprise
845	1531		Services shall promulgate rules to implement the provisions of this
846	1532		section which, at a minimum, shall specify the types of events which
847	1533		shall qualify state e mployees for debriefing and counseling
848	1534		services.
849		-
850	1535		SECTION 10. AMENDATORY 74 O.S. 2021, Section 840-2.13,
851	1536		is amended to read as follows:
852		-	ENR. H. B. NO. 3420 Page 20
853	1537		Section 840-2.13 A. The Director of the Office of Management
854	1538		and Enterprise Services shall est ablish a Personnel Management
855	1539		Information System to provide various management reports to
856	1540		facilitate decision making within agencies, and to prom ote the
857	1541		efficient utilization of personnel resources by providing a method
858	1542		for tracking, monitoring and reporti ng positions and employee
859	1543		transactions. The System shall include information on both the
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860	1570		classified and unclassified services state service positions within
861	1571		the executive branch of government, but shall not require
862	1572		institutions within The Oklahoma State S ystem of Higher Education to
863	1573		participate.
864		-
865	1574		B. The Director of the Office of Management and Enterprise
866	1575		Services shall promulgate rules regarding t he Personnel Management
867	1576		Information System as necessary to implement the provisions of this
868	1577		section. Such rules shall establish a schedule to ensure the
869	1578		orderly implementation of such Personnel Management Information
870	1579		System.
871		-
872	1580		C. The Personnel Management I nformation System shall be
873	1581		implemented for all state agencies under the Merit System by July 1,
874	1582		1993, and for all other executive branch state agencies by July 1,
875	1583		1994.
876		-
877	1584		D. State agencies shall assist the Office of Management and
878	1585		Enterprise Services as nec essary to ensure the orderly completion of
879	1586		implementation as provided for in this section.
880		-
881	1587		E. D. Appointing authorities in the legislative or judicial
882	1588		branches of state government may participate in the Personnel
883	1589		Management Information System at their op tion.
884		-
885	1590		SECTION 11. AMENDATORY 74 O.S. 2021, Section 840-2.14,
886	1591		is amended to read as foll ows:
887		-
888	1592		Section 840-2.14 A. The intent of the Legislature is to
889	1593		increase individual agency skill and accountability in managing the
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890	1620		costs associated with personnel and in applying controls that will
891	1621		enhance the ability of the State of Oklahoma to manage the overall
892	1622		costs of human resources as efficiently as possible, while
893	1623		continuing to maintain fairness to employees.
894		-
895	1624		B. The Office of Management and Enterprise Services shall
896	1625		produce an electronic report on an annual basis of all reallocation
897		-	decisions for career service positions. ENR. H. B. NO. 3420 Page 21
898		-
	1626	+	decisions for career service positions.
899	1627		C. The Office of Management and Enterprise Services shall
900	1628		produce an electronic report on an annual basis of all transac tions
901	1629		in the career service and executive state service involving the
902	1630		establishment of new positions.
903		-
904	1631		D. As a further control on human resource costs, the Governor
905	1632		may declare a financial emergency or implement a freeze in hiring,
906	1633		by declaring this sectio n to be in effect. CompSource Oklahoma
907	1634		shall not be subject to the provisions of this subsection. During
908	1635		such periods, no audits of classified positions or reallocation of
909	1636		unclassified positions shall be initiated or conducted at the
910	1637		request of an agency except at the direction of the Governor. The
911	1638		provisions of the Oklahoma Personnel Act relating to agency -
912	1639		requested audits may be suspended during such periods to the extent
913	1640		that they are in conflict with this section. Provided, an audit at
914	1641		the request of an employee who files a classification griev ance
915	1642		shall be conducted during such periods in accordance with the
916	1643		provisions of Section 840-4.3 of this title.
917	1644
	1645	+	ENGR. H. B. NO. 3420 Page 32 1
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918	1670		E. The provisions of this section shall not be construed to
919	1671		suspend the responsibility of any age ncy to ensure that the duties
920	1672		and responsibilities assigned to an employee are consistent with the
921	1673		current classification of the employee.
922		-
923	1674		SECTION 12. AMENDATORY 74 O.S. 2021, Section 840-2.16,
924	1675		is amended to read as follows:
925		-
926	1676		Section 840-2.16 Except as otherwise provided by la w, any
927	1677		classified, unclassified or exempt employee of the state, exclu ding
928	1678		members of boards and commissions, institutions under the
929	1679		administrative authority of the Oklahoma State Regents for Higher
930	1680		Education, employees of public school districts and elect ed
931	1681		officials, on July 1 of each year, earning less than the amount
932	1682		established in the Federal Poverty Guidelines for a three-person
933	1683		household, issued each year in the Federal Register by the United
934	1684		States Department of Health and Human Services, shall rece ive the
935	1685		necessary grade or salary adjustment to provide for a minimum
936	1686		annualized salary equal to the amount established in the Federal
937	1687		Poverty Guidelines for a three-person household, issued each year in
938	1688		the Federal Register by the United States Department of Health and
939	1689		Human Services. Any classified, unclassified or exempt employee of
940	1690		the state, excluding members of boards and commissions, institutions
941	1691		under the administrative authority of the Oklahoma State R egents for
942		-	Higher Education, employees of publ ic school districts and elected ~~ENR. H. B. NO. 3420 Page 22~~
	1692	+	Higher Education, employees of publ ic school districts and elected
943	1693		officials, employed after July 1, 2007 , shall receive a minimum
	1694	+
	1695	+	ENGR. H. B. NO. 3420 Page 33 1
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944	1720		annualized salary equal to the amount established in the Federal
945	1721		Poverty Guidelines for a three-person household, issued each year in
946	1722		the Federal Register by th e United States Department of Health and
947	1723		Human Services. This section shall not apply to those persons
948	1724		employed pursuant to paragraph 8 and paragraph 12 of subsection A of
949	1725		Section 840-5.5 and Section 2241 of this title or those persons
950	1726		employed pursuant to Section 1.6a of Title 53 of the Oklahoma
951	1727		Statutes.
952		-
953	1728		SECTION 13. AMENDATORY 74 O.S. 2021, Section 840-2.17,
954	1729		is amended to read as follows:
955		-
956	1730		Section 840-2.17 A. Unless otherwise provide d by the Oklahoma
957	1731		Constitution, statutory auth ority to set or fix compensation, pay or
958	1732		salary of state officers and employees shall not be construed to
959	1733		authorize any agency, board, commission, department, institution,
960	1734		bureau, executive officer or other ent ity of the executive branch of
961	1735		state government to award, grant, give, authorize, or promise any
962	1736		officer or employee of the State of Oklahoma a raise that is
963	1737		inconsistent with the compensation schedules established by the
964	1738		Office of Management and Enterpris e Services for all state officers
965	1739		and employees in the executive branch pursuant to Section 840-4.6 of
966	1740		this title, including, but not limited to, a cost-of-living raise or
967	1741		any other type of raise that would be given to state employees on an
968	1742		across-the-board basis, except as herein provided. Such rais es are
969	1743		prohibited unless authorized by the Legislature and by Career
	1744	+
	1745	+	ENGR. H. B. NO. 3420 Page 34 1
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970	1770		Service Rules for Employment rules promulgated by the Director.
971	1771		This prohibition applies to all career and executive service
972	1772		officers and employees in the executive branch of state gover nment,
973	1773		excluding institutions under the administrative aut hority of the
974	1774		Oklahoma State Regents for Higher Education.
975		-
976	1775		B. However, nothing in this section shall be construed to
977	1776		prohibit the following actions if the action is made in good faith
978	1777		and not for the purpose of circumventing subsection A of this
979	1778		section, and if the appointing authority certifies that the action
980	1779		can be implemented for the current fiscal year and the subsequent
981	1780		fiscal year without the need for additional funding to increase the
982	1781		personal services budget of the agency, and if the Office of
983	1782		Management and Enterprise Services certifies that the action is
984	1783		consistent with the compensation schedules established pursuant to
985	1784		the provisions of Section 840-4.6 of this title act:
986		-	ENR. H. B. NO. 3420 Page 23
987	1785		1. Salary advancemen ts on promotion or direct reclassification
988	1786		to a job family level or class with a higher salary band;
989		-
990	1787		2. Salary adjustments resulting from a pay band change for a
991	1788		job family level or class adopted by the Office of Management and
992	1789		Enterprise Services;
993		-
994	1790		3. Increases in longevity payments pursuant to Section 840 -2.18
995	1791		of this title;
996		-
997	1792		4. Payment of overtime, special entrance rates, pay
998	1793		differentials;
999	1794
	1795	+	ENGR. H. B. NO. 3420 Page 35 1
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	1807	+	13
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	1819	+
1000	1820		5. Payment of wages, salaries, or rates of pay established and
1001	1821		mandated by law;
1002		-
1003	1822		6. Market adjustments for job family levels jobs tied to market
1004	1823		competitiveness;
1005		-
1006	1824		7. Intra-agency lateral transfers, provided that the adjustment
1007	1825		does not exceed five percent (5%) and the adjustment is based on the
1008	1826		needs of the agency;
1009		-
1010	1827		8. Skill-based adjustments. Such adjustments, which are
1011	1828		implemented before November 1, 2006, other than lump -sum payments,
1012	1829		shall become permanent after twenty-four (24) months from the date
1013	1830		such salary adjustment is implemented and may not later be remove d
1014	1831		from an employee's base salary if a furlough o r reduction-in-force
1015	1832		is implemented by the appointing authority granting such salary
1016	1833		adjustment. Skill-based pay adjustments, which are implemented on
1017	1834		or after November 1, 2006, and which are paid to an empl oyee, shall
1018	1835		be paid as long as the employee rema ins employed in the position and
1019	1836		performs the skills for whic h the differential is due, but shall not
1020	1837		be included as a part of the employee's base salary;
1021		-
1022	1838		9. 8. Equity-based adjustments;
1023		-
1024	1839		10. 9. Performance-based adjustments for employees who received
1025	1840		at least a "meets standards" rating on their most current
1026	1841		performance rating; or
1027		-
1028	1842		11. 10. Career progression increases as an employee advances
1029	1843		through job family levels; or
1030		-	ENR. H. B. NO. 3420 Page 24
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1031	1870		12. Salary adjustments not to exceed five percent (5%) for
1032	1871		probationary career employee s achieving permanent status following
1033	1872		the initial probationary period a nd permanent career employees
1034	1873		successfully completing trial periods after intra-agency lateral
1035	1874		transfer or promotion to a different jo b family level or following
1036	1875		career progression to a different job family level.
1037		-
1038	1876		C. Provided, however, any reclassification salary increase for
1039	1877		one of the purposes provided in subsection B of this section that
1040	1878		would require additional funding by the Legisl ature shall not be
1041	1879		implemented without approval of the Legislature.
1042		-
1043	1880		D. The pay movement mechanisms described in paragraph s 6
1044	1881		through 11 in subsection B of this section shall be implemented
1045	1882		pursuant to rules promulgated by the Director of the Office of
1046	1883		Management and Enterprise Services for the career ser vice.
1047		-
1048	1884		E. Appointing authorities may implement the pay movement
1049	1885		mechanisms in paragraphs 6 through 12 in subsection B of this
1050	1886		section subject to the availability of funds within the agency's
1051	1887		budget for the current fiscal year and subsequent fiscal year
1052	1888		without the need for additional funding to increase the personal
1053	1889		services budget of the agency. Failure by the appointing authority
1054	1890		to follow the provisions of this subsection may cause the withdrawal
1055	1891		of the use of the pay movement mechanisms provided in paragraphs 6,
1056	1892		7, 9, 10 and 11 of subsection B of this section within the ag ency
1057	1893		during the next appropriations cycle.
1058	1894
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1059	1920		F. The provisions in subsection B of this section shall not
1060	1921		apply to chief executive offic ers of any agency, board, commission,
1061	1922		department or program except for paragraphs 3 and 5 of subsection B
1062	1923		of this section.
1063		-
1064	1924		G. E. The Office of Management and Enterprise Services shall
1065	1925		file a quarterly report with the Offices of the Governor, President
1066	1926		Pro Tempore of the Senate and Speaker of the House of
1067	1927		Representatives listing, by agency, all increases in wages, salaries
1068	1928		or rates of pay and any changes to title or classification of each
1069	1929		employee.
1070		-
1071	1930		SECTION 14. AMENDATORY 74 O.S. 2021, Section 840-2.18,
1072	1931		is amended to read as follows :
1073		-
1074	1932		Section 840-2.18 A. A longevity pay plan is hereby adopted.
1075		-	This plan applies to all state classified, unclassified, and exempt ~~ENR. H. B. NO. 3420 Page 25~~
	1933	+	This plan applies to all state classified, unclassified, and exempt
1076	1934		employees, excluding members of boards and commissions, institutions
1077	1935		under the administrative authority of the State Regents for Higher
1078	1936		Education, employees of public school districts, and elected
1079	1937		officials. The plan shall also apply to those employees of the
1080	1938		Oklahoma School for the Blind and the Oklahoma School for the Deaf
1081	1939		who qualify for longevity pay in accordance with subsection G of
1082	1940		Section 1419 of Title 10 of the Oklahoma Statutes.
1083		-
1084	1941		B. The Oklahoma Conservation Commission is hereby authorized to
1085	1942		establish a longevity pay program for employees of the conservation
1086	1943		districts employed under Section 3-3-103 of Title 27A of the
	1944	+
	1945	+	ENGR. H. B. NO. 3420 Page 38 1
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	1947	+	3
	1948	+	4
	1949	+	5
	1950	+	6
	1951	+	7
	1952	+	8
	1953	+	9
	1954	+	10
	1955	+	11
	1956	+	12
	1957	+	13
	1958	+	14
	1959	+	15
	1960	+	16
	1961	+	17
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	1969	+
1087	1970		Oklahoma Statutes. Such longevity pay program shall be consistent
1088	1971		with the longevity pay program for state employees authorized under
1089	1972		this title and payments shall be made in a manner consistent with
1090	1973		procedures for reimbursement to conservation districts.
1091		-
1092	1974		C. To be eligible for longevity pay, employees must have been
1093	1975		continuously employed in the classified or unclassified service of
1094	1976		the state for a minimum of two (2) years in full-time status or in
1095	1977		part-time status working more than one thousand (1,000) hours a
1096	1978		year.
1097		-
1098	1979		For purposes of this section, a break in service of thirty ( 30)
1099	1980		calendar days or less shall not be considered an interruption of
1100	1981		continuous service; a break in service of more than thirty (30 )
1101	1982		calendar days shall mark an end to continuous service. The
1102	1983		legislative session employees who have worked for two (2) years or
1103	1984		more in part-time status and are eligible for state retirement
1104	1985		benefits, but do not receive other longevity payments, shall be
1105	1986		eligible and shall be considered to have been continuously employed
1106	1987		for purposes of calculating longevity payments, notwithst anding the
1107	1988		provisions of subsection E of this section.
1108		-
1109	1989		D. 1. Longevity pay for the first twenty (20) years of service
1110	1990		shall be determined pursuant to the following schedule:
1111		-
1112	1991		Years of Service Annual Longevity Payment
1113		-
1114	1992		At least 2 years but
1115	1993		less than 4 years $250.00
1116	1994
	1995	+	ENGR. H. B. NO. 3420 Page 39 1
	1996	+	2
	1997	+	3
	1998	+	4
	1999	+	5
	2000	+	6
	2001	+	7
	2002	+	8
	2003	+	9
	2004	+	10
	2005	+	11
	2006	+	12
	2007	+	13
	2008	+	14
	2009	+	15
	2010	+	16
	2011	+	17
	2012	+	18
	2013	+	19
	2014	+	20
	2015	+	21
	2016	+	22
	2017	+	23
	2018	+	24
	2019	+
1117	2020		At least 4 years but
1118	2021		less than 6 years $426.00
1119		-	ENR. H. B. NO. 3420 Page 26
1120	2022		At least 6 years but
1121	2023		less than 8 years $626.00
1122		-
1123	2024		At least 8 years but
1124	2025		less than 10 years $850.00
1125		-
1126	2026		At least 10 years but
1127	2027		less than 12 years $1,062.00
1128		-
1129	2028		At least 12 years but
1130	2029		less than 14 years $1,250.00
1131		-
1132	2030		At least 14 years but
1133	2031		less than 16 years $1,500.00
1134		-
1135	2032		At least 16 years but
1136	2033		less than 18 years $1,688.00
1137		-
1138	2034		At least 18 years but
1139	2035		less than 20 years $1,900.00
1140		-
1141	2036		At least 20 years $2,000.00
1142		-
1143	2037		2. For each additional two (2) years of service after the first
1144	2038		twenty (20) years an additional Two Hundred Dollars ($200.00) shall
1145	2039		be added to the amount stated above for twenty (20) years of
1146	2040		service.
1147		-
1148	2041		The total amount of the annual longevity payment made to an
1149	2042		employee by any and all state agencies in any year shall not exceed
1150	2043		the amount shown on the table corresponding to that employee's years
	2044	+
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	2054	+	10
	2055	+	11
	2056	+	12
	2057	+	13
	2058	+	14
	2059	+	15
	2060	+	16
	2061	+	17
	2062	+	18
	2063	+	19
	2064	+	20
	2065	+	21
	2066	+	22
	2067	+	23
	2068	+	24
	2069	+
1151	2070		of service with the state, except as otherwise provided by Sections
1152	2071		840-2.27D and Section 840-2.28 of this title. Further, no employee
1153	2072		shall receive duplicating longevity payments for the s ame periods of
1154	2073		service with any and all agencies, except as otherwise provided by
1155	2074		Sections 840-2.27D and Section 840-2.28 of this title.
1156		-
1157	2075		E. To determine years of service, cumulativ e periods of full-
1158	2076		time employment or part-time employment working more than one
1159	2077		hundred fifty (150) hours per month with the state excluding service
1160	2078		as specified in subsection A of this section are applicab le. Part-
1161	2079		time employment, working one hundred fif ty (150) hours per month or
1162	2080		less for the state, excluding service as specif ied in subsection A
1163	2081		of this section, shall be counted only if:
1164		-	ENR. H. B. NO. 3420 Page 27
1165	2082		1. The period of employment was continuous for at least five
1166	2083		(5) months; and
1167		-
1168	2084		2. The person worked more than two-fifths (2/5) time.
1169		-
1170	2085		Other employment shall not be counted as service for purpose s of
1171	2086		longevity payments. Further, no period of employment with the
1172	2087		state, whether with one or more than one agency, shall be count ed as
1173	2088		more than full-time service.
1174		-
1175	2089		F. Years of service under the administrative authority of the
1176	2090		State Regents for Higher Ed ucation or the administrative authority
1177	2091		of the Oklahoma Department of Career and Technology Education of any
1178	2092		employee who is now em ployed in a job classification which is
	2093	+
	2094	+	ENGR. H. B. NO. 3420 Page 41 1
	2095	+	2
	2096	+	3
	2097	+	4
	2098	+	5
	2099	+	6
	2100	+	7
	2101	+	8
	2102	+	9
	2103	+	10
	2104	+	11
	2105	+	12
	2106	+	13
	2107	+	14
	2108	+	15
	2109	+	16
	2110	+	17
	2111	+	18
	2112	+	19
	2113	+	20
	2114	+	21
	2115	+	22
	2116	+	23
	2117	+	24
	2118	+
1179	2119		eligible for longevity pay shall be included in years of service for
1180	2120		purposes of determining longevity pay.
1181		-
1182	2121		G. Years of service shall be certified through the current
1183	2122		employing agency by the appointing authority on a form approved by
1184	2123		the Office of Management and En terprise Services. The form shall be
1185	2124		completed and posted as directed by t he Director of the Office of
1186	2125		Management and Enterprise Services by the current employing agency
1187	2126		when the employee initially enters on duty with the agency and
1188	2127		thereafter whenever th e employee's anniversary date is changed.
1189		-
1190	2128		H. Eligible employees, in full -time status or in part-time
1191	2129		status working more than one hundred fifty (150) hours per month,
1192	2130		shall receive one (1) lump-sum annual payment, in the amount
1193	2131		provided on the preceding s chedule, during the month following the
1194	2132		anniversary date of the employee 's most recent enter-on-duty day
1195	2133		with the state. Upon implementation of the statewide information
1196	2134		systems project, the lump -sum annual payment may be paid concurrent
1197	2135		with the final payroll of the month of the employee's anniversary
1198	2136		date. Eligible part-time employees who work one hundred fifty (150)
1199	2137		hours per month or less shall receive one (1) lump-sum annual
1200	2138		payment, based on the form ula in subsection L of this section,
1201	2139		during the month following the anniversary date of the employee's
1202	2140		most recent enter-on-duty day with the state. To receive longevity
1203	2141		pay an employee must be in pay status on or after his or her
1204	2142		anniversary date.
1205	2143
	2144	+	ENGR. H. B. NO. 3420 Page 42 1
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	2151	+	8
	2152	+	9
	2153	+	10
	2154	+	11
	2155	+	12
	2156	+	13
	2157	+	14
	2158	+	15
	2159	+	16
	2160	+	17
	2161	+	18
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	2163	+	20
	2164	+	21
	2165	+	22
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	2168	+
1206	2169		Eligible employees who would not otherwise receive annua l
1207	2170		longevity payments because their employment includes regular periods
1208		-	of leave without pay in excess of thirty (30) calendar days shall ~~ENR. H. B. NO. 3420 Page 28~~
	2171	+	of leave without pay in excess of thirty (30) calendar days shall
1209	2172		receive one (1) lump-sum annual payment, based on the formula in
1210	2173		subsection L of this section, during:
1211		-
1212	2174		1. The month of August if the employee is in pay status on July
1213	2175		1; or
1214		-
1215	2176		2. During the month following the employee's first return to
1216	2177		duty that fiscal year if the employee is not in pay status on July
1217	2178		1.
1218		-
1219	2179		Except as otherwise provided by Sections 840-2.27D and Section
1220	2180		840-2.28 of this title, employees terminated as a result of a
1221	2181		reduction-in-force or retiring from state employment shall receive
1222	2182		upon said termination or retirement the proportionate share of any
1223	2183		longevity payment which may have accrued as of the date of
1224	2184		termination or retirement. Provided further that, the proportion ate
1225	2185		share of any longevity payment which may have accrued as of the date
1226	2186		of death of an employee shall be made to the surviving spouse of the
1227	2187		employee or if there is no surviving spouse to the estate of the
1228	2188		employee.
1229		-
1230	2189		I. Periods of leave without pay taken in accordance with
1231	2190		Section 840-2.21 of this title shall be counted as service. Other
1232	2191		periods of nonpaid leave status in excess of thirty (30) calen dar
1233	2192		days shall not mark a break in service; howeve r, they shall:
1234	2193
	2194	+	ENGR. H. B. NO. 3420 Page 43 1
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	2218	+
1235	2219		1. Not be used in calculating total months of service for
1236	2220		longevity pay purposes; and
1237		-
1238	2221		2. Extend the anniversary date for longevity pay by the total
1239	2222		period of time on nonpaid leave status ex cept as provided in
1240	2223		subsection H of this section for employees whose conditions of
1241	2224		employment include regula r periods of leave without pay.
1242		-
1243	2225		J. Employees currently receiving longevity pay who work for the
1244	2226		judicial branch of state government or who work for the Oklahoma
1245	2227		Department of Career and Technology Education shall not be eligible
1246	2228		for the longevity pay plan provided for in this section.
1247		-
1248	2229		K. A break in service with the state in excess of thirty (30)
1249	2230		days but which does not exceed two (2) years which was caused by a
1250	2231		reduction-in-force shall be treated a s if it were a period of
1251	2232		nonpaid leave status as provided for in subsection I of this section
1252		-	for the purpose of calculating total months of service for longevity ~~ENR. H. B. NO. 3420 Page 29~~
	2233	+	for the purpose of calculating total months of service for longevity
1253	2234		pay. This subsection shall only apply to s tate employees laid off
1254	2235		after June 30, 1982.
1255		-
1256	2236		L. Eligible part-time employees working less than one hundred
1257	2237		fifty (150) hours per month and other eligible employees with
1258	2238		regular annual periods of leave without pay of more than thirty (30)
1259	2239		calendar days will receive a prorated share of the "Annual Longevity
1260	2240		Payment" authorized in subsection D of this section. Th e prorated
1261	2241		amount of payment will be based on actual hours worked in the
1262	2242		immediately preceding twelve (12) months.
1263	2243
	2244	+	ENGR. H. B. NO. 3420 Page 44 1
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	2268	+
1264	2269		M. An employee shall not be enti tled to retroactive longevity
1265	2270		payments as a result of amendments to this section unless
1266	2271		specifically authori zed by law.
1267		-
1268	2272		N. The Director of the Office of Management and Enterprise
1269	2273		Services is authorized to promulgate such Longevity Pay Plan Rules
1270	2274		as he or she finds necessary to carry out the provisions of this
1271	2275		section.
1272		-
1273	2276		O. As of July 1, 1998, years of service wi th a city-county
1274	2277		health department for employees who left a city-county health
1275	2278		department for employment with the Department of Environmental
1276	2279		Quality or the Oklahoma Department of Agriculture, Food, and
1277	2280		Forestry, between July 1, 1993, and July 1, 1998, and who are now
1278	2281		employed in a job classification that is eligible for longevity pay
1279	2282		pursuant to this section, shall be included in years of service for
1280	2283		purposes of determining longevity pay subsequent to July 1, 1998.
1281		-
1282	2284		P. As of July 1, 2003, years of service with a local
1283	2285		conservation district shall be included in years of service for
1284	2286		purposes of determining longevity pay for local conservation
1285	2287		district employees transferred to the Oklahoma Conservation
1286	2288		Commission pursuant to the provisions of this section.
1287		-
1288	2289		SECTION 15. AMENDATORY 74 O.S. 2021, Section 840-2.19,
1289	2290		is amended to read as follows:
1290		-
1291	2291		Section 840-2.19 A. The Director of th e Office of Management
1292	2292		and Enterprise Services sha ll not approve any payroll claim for
	2293	+
	2294	+	ENGR. H. B. NO. 3420 Page 45 1
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	2318	+
1293	2319		payment for any agency unless said cla im contains or is accompanied
1294	2320		by the certification by the administrative head of said agency or an
1295	2321		authorized employee of said agen cy that the persons named in said
1296	2322		claim have been appointed and employed in accordance with the
1297		-	provisions of the Oklahoma ~~Personnel~~ Act law and the rules and ~~ENR. H. B. NO. 3420 Page 30~~
	2323	+	provisions of the Oklahoma Pe rsonnel Act law and the rules and
1298	2324		orders promulgated pursuant to the provisions of the Oklahoma
1299	2325		Personnel Act thereunder. For purposes of this section, "payroll
1300	2326		claim" shall also include longevity payments made pursuant to
1301	2327		Section 840-2.18 of this title.
1302		-
1303	2328		B. If, as a result of a payroll audit, the Office of Management
1304	2329		and Enterprise Services finds that an agency has made payments of
1305	2330		salaries or wages contrary to the provisions of the Oklahoma
1306	2331		Personnel Act and the rules promulgated pursuant to the provisio ns
1307	2332		of the Oklahoma Personnel Act this act:
1308		-
1309	2333		1. Audit findings shall be promptly transmitted to the
1310	2334		appointing authority of the agen cy certifying the payroll claim or
1311	2335		claims involved;
1312		-
1313	2336		2. An audit conferen ce with said agency shall be scheduled
1314	2337		within fifteen (15) da ys, at which time the audit exceptions will be
1315	2338		resolved or become a determination of error unless the parties to
1316	2339		the conference agree to a further review;
1317		-
1318	2340		3. If underpayments or overpayments mad e by said agency are
1319	2341		deemed to be the result of administrativ e error, the agency which
1320	2342		certified the payroll claim or claims in error shall refund to the
	2343	+
	2344	+	ENGR. H. B. NO. 3420 Page 46 1
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	2368	+
1321	2369		employee the balance of the a ctual amounts due and owing to the
1322	2370		payee or shall seek repayment from the payee of any amount paid in
1323	2371		excess of the actual amount due and owing the payee;
1324		-
1325	2372		4. If an agency neglects or refuses to seek repayment after a
1326	2373		determination that an error in payroll amount or amounts has been
1327	2374		made, or to properly adjust a then current sa lary or wage, the
1328	2375		Director of the Office of Management and En terprise Services shall
1329	2376		note an unresolved audit exception stating the agency involved and
1330	2377		the person to whom said excepti on refers;
1331		-
1332	2378		5. Upon receipt of notification that a procedure to initiate
1333	2379		repayment has been instituted by the certifying agency or that a
1334	2380		protest has been filed with the Oklahoma Merit Protection
1335	2381		Commission, said notice shall be withdrawn or waived by the Director
1336	2382		of the Office of Management and Enterprise Services. Implementa tion
1337	2383		of procedures provided in this section shall not operate to deny or
1338	2384		delay payment of proper salaries or wages to any employee of this
1339	2385		state;
1340		-
1341	2386		6. The provisions of this section re garding collections of any
1342		-	overpayment of salaries or wages by any agency to any state employee ~~ENR. H. B. NO. 3420 Page 31~~
	2387	+	overpayment of salaries or wages by any agency to any state employee
1343	2388		or officer shall not include any such overpayment made prior to July
1344	2389		1, 1983;
1345		-
1346	2390		7. Recovery of overpayments from an employee shall include all
1347	2391		overpayments occurring within one (1) year prior to the
1348	2392		determination of error. Disburseme nt of underpayments to an
	2393	+
	2394	+	ENGR. H. B. NO. 3420 Page 47 1
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	2405	+	12
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	2413	+	20
	2414	+	21
	2415	+	22
	2416	+	23
	2417	+	24
	2418	+
1349	2419		employee shall include all underpay ments made within a period of two
1350	2420		(2) years prior to the determination of error; and
1351		-
1352	2421		8. If an agency discovers overpaymen t or underpayment errors
1353	2422		through an internal audit, the agency shall reco ver overpayments
1354	2423		from the employee or disburse underpayment a mounts in accordance
1355	2424		with this section. Prior to initiation of recovery of overpayments
1356	2425		from an employee, the agency shal l provide the employee with
1357	2426		adequate notice and an opportunity to respond .
1358		-
1359	2427		C. The Director of the Office of Management and Enterprise
1360	2428		Services shall not approve any payroll claim for payment for any
1361	2429		agency for which a notification of an unresolved audit e xception
1362	2430		pursuant to this section has been filed, unless the person named in
1363	2431		the audit exception has been removed from the payroll by the
1364	2432		certifying agency, the overpayment has been converted by the agency,
1365	2433		or the exception has been withdrawn or waived in writing by the
1366	2434		Office of Management and Enterprise Services.
1367		-
1368	2435		D. Any sum on a payroll claim found to have been paid in excess
1369	2436		of the actual amount due and owing may be recovered from the payee
1370	2437		through the following procedures:
1371		-
1372	2438		1. Upon the determination th at an error in payroll amount has
1373	2439		been made, the agency which certified t he claim or claims shall
1374	2440		notify the payee in writing within t en (10) days from said
1375	2441		determination. The notice to the payee shall contain:
1376		-
1377	2442		a. the amounts paid in error,
1378	2443
	2444	+	ENGR. H. B. NO. 3420 Page 48 1
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	2468	+
1379	2469		b. the dates of said payments,
1380		-
1381	2470		c. the options available for repayment, and
1382		-
1383	2471		d. the right of the payee to protest the findings.
1384		-
1385	2472		Said notice shall also provide space for the payee to indicate
1386		-	an election of a repayment option or to protest the findings. Said ~~ENR. H. B. NO. 3420 Page 32~~
	2473	+	an election of a repayment option or to protest the findings. Said
1387	2474		election shall be required within thirty (30) days after the
1388	2475		notification;
1389		-
1390	2476		2. If the payee is, at the time of said notification, an
1391	2477		officer or employee of the agency seeking repayment, options
1392	2478		available for repayment shall be by:
1393		-
1394	2479		a. lump-sum cash repayment,
1395		-
1396	2480		b. reduction of the corrected current salary or
1397	2481		miscellaneous payroll deduction in a lump sum or in
1398	2482		installments over a term not to exceed the t erm in
1399	2483		which the erroneous payments were made,
1400		-
1401	2484		c. reduction in accrued annual leave by an amount of time
1402	2485		at the then current correct salary level equal in
1403	2486		value to the total of the amount or amou nts to be
1404	2487		repaid, or
1405		-
1406	2488		d. any combination thereof;
1407		-
1408	2489		3. If the payee is, at the time of said notification, an
1409	2490		officer or employee of an agency of the state other than the agency
1410	2491		seeking repayment, the options provided by paragraph 2 of this
1411	2492		subsection may be exercised by the payee with the approval of the
	2493	+
	2494	+	ENGR. H. B. NO. 3420 Page 49 1
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	2518	+
1412	2519		then current employing agency. Payment of amounts deducted or
1413	2520		charged against annual leave shall be paid to the agency seeking
1414	2521		repayment by an appropriate miscellaneous claim for interagency
1415	2522		payment. If a payroll deduction is elected pursuant to the
1416	2523		provisions of this paragraph and employment is subsequently
1417	2524		terminated, any balance remaining shall be deducted from any final
1418	2525		payment otherwise due to the employee;
1419		-
1420	2526		4. If a payee who is, at the time of said not ification, a
1421	2527		permanent classified officer or employee of any agency of this state
1422	2528		protests the determination of the error or the amount of said
1423	2529		determination, the agency seeking repay ment shall present, within
1424	2530		five (5) days of the return of said protest, t he facts in writing,
1425	2531		the notice, and the protest of the payee , to the Oklahoma Merit
1426	2532		Protection Commission. The Oklahoma Merit Protection Commission
1427	2533		shall treat any such protest as a complaint pursuant to Section 840-
1428	2534		1.9 of this title. The Commission and Executive Director, after
1429	2535		investigation and hearing, shall m ake a determination which shall be
1430	2536		binding on the agency. The salary or wages of any payee exercising
1431		-	the right to the protest shall not be suspended or reduced until a ~~ENR. H. B. NO. 3420 Page 33~~
	2537	+	the right to the protest shall not be suspended or reduced until a
1432	2538		determination has been is sued by the Oklahoma Merit Protection
1433	2539		Commission and Executiv e Director;
1434		-
1435	2540		5. If the payee is no longer an employee of the state but
1436	2541		agrees to repay the amount or amounts paid in error , repayment may
1437	2542		be accepted:
1438	2543
	2544	+	ENGR. H. B. NO. 3420 Page 50 1
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	2568	+
1439	2569		a. by lump-sum cash repayment, or
1440		-
1441	2570		b. in installments over a period not to exceed twelve
1442	2571		(12) months;
1443		-
1444	2572		6. 5. If the payee is no longer an employee of the state, and
1445	2573		does not respond or cannot be located within ten (10) days afte r
1446	2574		mailing of the determination of error, or refuses repayment, the
1447	2575		agency seeking repayment shall present the facts in writing to the
1448	2576		Attorney General and shall send a copy to the Office of Management
1449	2577		and Enterprise Services. The Attorney General shall de termine what
1450	2578		action may be taken to recover said amount; and
1451		-
1452	2579		7. 6. Repayments other than by reduction in present salary or
1453	2580		reduction in accrued annual leave for a payee currently employed by
1454	2581		the agency seeking repayment shall be deposited in the General
1455	2582		Revenue Fund unless the fund to which the amount in error was
1456	2583		originally charged can be identified and was other than a General
1457	2584		Revenue Fund appropriation. Said deposits shall be treated as
1458	2585		nonrevenue receipts.
1459		-
1460	2586		SECTION 16. AMENDATORY 74 O.S. 2021, Section 840-2.20,
1461	2587		is amended to read as follows:
1462		-
1463	2588		Section 840-2.20 A. The Director of the Office of Management
1464	2589		and Enterprise Services shall promulgate such emergency and
1465	2590		permanent rules regarding leave and holiday leave as are necessary
1466	2591		to assist the state and its agencies.
1467	2592
	2593	+	ENGR. H. B. NO. 3420 Page 51 1
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	2617	+
1468	2618		The Director of the Office of Management and Enterprise
1469	2619		Services, in adopting new rules, amendin g rules and repealing rules,
1470	2620		shall ensure that the following provisions are incorporated:
1471		-
1472	2621		1. Eligible employees who enter on duty or who are reinstated
1473	2622		after a break in service shall receive leave benefits in accordance
1474	2623		with the schedule outlined below. Leave shall be accrued based upon
1475	2624		hours worked, paid leave, and holidays, but excluding overtime, not
1476		-	to exceed the total possible work hours for the pay period. Years ~~ENR. H. B. NO. 3420 Page 34~~
	2625	+	to exceed the total possible work hours for the pay period. Years
1477	2626		of service shall be based on cumulative periods of employment
1478	2627		calculated in the manner that cumulative service is determined for
1479	2628		longevity purposes pursuant to Section 840-2.18 of this title.
1480	2629		Employees may accumulate more than the maximum annual leave
1481	2630		accumulation limits shown in the schedule below provided that such
1482	2631		excess is used during t he same calendar year in which it accrues or
1483	2632		within twelve (12) months of the date on which it accrues, at the
1484	2633		discretion of the appointing authority. If an employee whose job
1485	2634		duties include providing fire protection services, law enforcement
1486	2635		services or services with the Department of Corrections is unable to
1487	2636		use excess leave as provided for in this paragraph because the
1488	2637		employee's request for leave is denied by the employee's appointing
1489	2638		authority and the denial of leave is due to extraordinary
1490	2639		circumstances such that taking leave could pose a threat to public
1491	2640		safety, health or welfare, the employee shall receive compensatio n
1492	2641		at the employee's regular rate of pay for the amount of excess leave
	2642	+
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	2667	+
1493	2668		the employee is unable to use. Such compensation shall be paid at
1494	2669		the end of the time period during which the excess leave was
1495	2670		required to have been used;
1496		-
1497	2671		2. From November 1, 2001, th e following accrual rates and
1498	2672		accumulation limits apply to eligible employees as follows:
1499		-
1500	2673		ACCRUAL RATES ACCUMULATION
1501		-
1502	2674		LIMITS
1503		-
1504	2675		Cumulative
1505		-
1506	2676		Years of Annual Sick Annual
1507		-
1508	2677		Service Leave Leave Leave
1509		-
1510	2678		Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days
1511		-
1512	2679		5-10 yrs = 18 day/yr 15 days/yr 60 days
1513		-
1514	2680		10-20 yrs = 20 day/yr 15 days/yr 60 days
1515		-
1516	2681		over 20 yrs = 25 day/yr 15 days/yr 60 days
1517		-
1518	2682		Following an emergency declaration as described in Section 683.8
1519	2683		of Title 63 of the Oklahoma Statutes, the accumulation limits for
1520		-	annual leave shall temporarily increase and shall carryover to the ~~ENR. H. B. NO. 3420 Page 35~~
	2684	+	annual leave shall temporarily increase and shall carryover to the
1521	2685		end of the fiscal year following the year in which the emergency
1522	2686		declaration ended.
1523		-
1524	2687		All annual leave that accrued or expired during the period of
1525	2688		the emergency declarations issued by the Gove rnor in 2020 and 2021
1526	2689		in response to the novel coronavirus (COVID-19) shall carry over to
1527	2690		the end of the fiscal year following the yea r in which the emergency
1528	2691		declaration ended regardless of regulatory provisions that establish
	2692	+
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	2717	+
1529	2718		a maximum amount of annual l eave that may be accumulated by an
1530	2719		employee of the State of Oklahoma. Ex pired annual leave governed by
1531	2720		this subsection shall be reins tated as of the effective date of this
1532	2721		act, and accumulation limits for annual leave shall not apply to
1533	2722		amounts accrued or reinstated pursuant to this subsection.
1534	2723		Eligibility for reinstatement o f annual leave is limited to
1535	2724		employees currently employed by the State of Oklahoma on the
1536	2725		effective date of this act;
1537		-
1538	2726		3. Temporary employees and other limited term employees are
1539	2727		ineligible to accrue, use, or be paid for sick leave and annual
1540	2728		leave. Such employees shall be eligible for paid holiday leave at
1541	2729		the discretion of the appointing authority;
1542		-
1543	2730		4. Except as provided in paragraph 2 of this subsection,
1544	2731		employees shall not be entitled to retroactive accumulation of leave
1545	2732		as a result of amendments to th is section;
1546		-
1547	2733		5. The Director of the Office of Manag ement and Enterprise
1548	2734		Services and the Executive Director of the Oklahoma Merit Protection
1549	2735		Commission shall cooperate to assist agencies in developing policies
1550	2736		to prevent violence in state government workpl aces without abridging
1551	2737		the rights of state employee s. Such policy policies shall include a
1552	2738		paid administrative leave provision as a cooling-off period which
1553	2739		the Director of the Offic e of Management and Enterprise Services is
1554	2740		authorized to provide pursuant to the Administrative Procedures Act.
	2741	+
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	2766	+
1555	2767		Such leave shall not be charged to annual or sick leave
1556	2768		accumulations;
1557		-
1558	2769		6. State employees who terminated their employment in the state
1559	2770		service on or after October 1, 1992, may be eligible to have sick
1560	2771		leave accrued at the time of termination of employment restored if
1561	2772		they return to state employment provided that the state employees'
1562	2773		enter-on-duty dates for reemployment occur on or before two (2)
1563	2774		years after their termination of employment and they are eligible to
1564	2775		accrue sick leave before the two (2) years expire;
1565		-	ENR. H. B. NO. 3420 Page 36
1566	2776		7. Employees who are volunteer firefighters pursuant to the
1567	2777		Oklahoma Volunteer Firefighters Act and who are called to fight a
1568	2778		fire shall not have to use any accrued leave or need to make up any
1569	2779		time due to the performance of their volunteer firefighter duties;
1570		-
1571	2780		8. Employees who are reserve municipal police officers pursuant
1572	2781		to Section 34-101 of Title 11 of the Oklahoma Statutes and who m iss
1573	2782		work in performing their duties in cases of emergency shall not have
1574	2783		to use any accrued leave or need to make up any time due to the
1575	2784		performance of their reserve municipal police officer duties; and
1576		-
1577	2785		9. Employees who are reserve deputy sheriffs pursuan t to
1578	2786		Section 547 of Title 19 of the Oklahoma Statutes and who miss work
1579	2787		in performing their duties in case of emergency shall not ha ve to
1580	2788		use any accrued leave or need to make up any time due to the
1581	2789		performance of their reserve deputy sheriff duties.
	2790	+
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1582	2815
1583	2816		B. Nothing in the Oklahoma Personnel Act law is intended to
1584	2817		prevent or discourage an appointing authority from disciplining or
1585	2818		terminating an employee due to abuse of leave benefits or
1586	2819		absenteeism. Appointing authorities are encouraged to consider
1587	2820		attendance of employees in making decisions regarding promotions,
1588	2821		pay increases, and discipline.
1589		-
1590	2822		C. Upon the transfer of a function in state gov ernment to an
1591	2823		entity outside state government, employees may, with the agreement
1592	2824		of the outside entity, waive any payment for leave accumulations to
1593	2825		which the employee is entitled and authorize t he transfer of the
1594	2826		leave accumulations or a portion thereof t o the outside entity.
1595		-
1596	2827		SECTION 17. AMENDATORY 74 O.S. 2021, Section 840-2.21,
1597	2828		is amended to read a s follows:
1598		-
1599	2829		Section 840-2.21 A. If a state employee, whether in the
1600	2830		classified or unclassified service, is absent because of an illne ss
1601	2831		or injury arising out of and sustained in the course of his or her
1602	2832		employment with the state, and for which workers' compensation
1603	2833		benefits have been filed, the employing agency shall place the
1604	2834		employee on leave without pay if the employee so requests; p rovided,
1605	2835		leave without pay pursuant to this section shall not for any purpose
1606	2836		be considered a break in service.
1607		-
1608	2837		B. An employee who sustains an illness or injury arising out of
1609	2838		and sustained in the course of employment with the State of Oklahoma
1610		-	shall not be required to use either accumulated sick or annual leave ENR. H. B. NO. 3420 Page 37
	2839	+	shall not be required to use either accumulated sick or annual leave
	2840	+
	2841	+	ENGR. H. B. NO. 3420 Page 56 1
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	2865	+
1611	2866		during such period prior to being placed on leave without pay
1612	2867		pursuant to this section.
1613		-
1614	2868		C. An employee placed on leave without pay purs uant to the
1615	2869		provisions of this section shall continue receivi ng basic plan
1616	2870		insurance coverage as defined in Section 1363 of this title and
1617	2871		dependent insurance benefit allowance pursuant to paragraph 2 of
1618	2872		subsection C of Section 1370 of this title paid by t he agency during
1619	2873		the leave without pay.
1620		-
1621	2874		D. An employee on le ave without pay pursuant to the provisions
1622	2875		of this section shall have the right to be returned to his or her
1623	2876		original position in accordance with rules promulgated by the Office
1624	2877		of Management and Enterprise Services. If it is found necessary for
1625	2878		the good of the state to fill the position during the period the
1626	2879		employee is on leave without pay the employee filling the position
1627	2880		shall vacate the position upon the return of the employee on leave
1628	2881		without pay, subject to layoff, transfer or demotion rights earned
1629	2882		under the Oklahoma Personnel Act law and rules of the Office of
1630	2883		Management and Enterprise Services. The right to return to the
1631	2884		original position shall expire one (1) year from the date of the
1632	2885		start of leave without pay. The employee may be separated in
1633	2886		accordance with the Oklahoma Personnel Act and Office of Management
1634	2887		and Enterprise Services Rules if the employee has not returned to
1635	2888		the original position of the employee or some other position within
	2889	+
	2890	+	ENGR. H. B. NO. 3420 Page 57 1
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	2914	+
1636	2915		the agency within one (1) year from the date of the st art of leave
1637	2916		without pay.
1638		-
1639	2917		E. An employee on leave without pay pursuant to the provisions
1640	2918		of this section shall provide a medical statement as to his or her
1641	2919		ability to perform the duties of the p osition to the appointing
1642	2920		authority at least every three (3) months.
1643		-
1644	2921		F. If the employee becomes medically able with reasonable
1645	2922		accommodation to perform the duties of his or her original position,
1646	2923		the employee shall be returned to such position. If the em ployee is
1647	2924		unable to perform the duties of the original positi on with
1648	2925		reasonable accommodation, but is medically able with reasonable
1649	2926		accommodation to perform the duties of any other position within the
1650	2927		agency for which the employee is qualified, and appoin tment to such
1651	2928		other position does not constitute a promotion, the employee shall
1652	2929		have first preference for any such position which becomes vacant
1653	2930		within the agency, notwithstanding any other preference provisions
1654	2931		of the Oklahoma Personnel Act or of other laws of the State of
1655		-	Oklahoma. An employee accepting another position pursuant to this ~~ENR. H. B. NO. 3420 Page 38~~
	2932	+	Oklahoma. An employee accepting another position pursuant to this
1656	2933		subsection shall not forfeit his or her right to be returned to the
1657	2934		original position within twelve (12) months after the start of leave
1658	2935		without pay pursuant to the prov isions of subsection D of this
1659	2936		section.
1660		-
1661	2937		G. An ill or injured employee shall be eligible to participate
1662	2938		in the Disability Insurance Program established pursuant to the
	2939	+
	2940	+	ENGR. H. B. NO. 3420 Page 58 1
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	2964	+
1663	2965		provisions of Section 1331 et seq. of this title in accordance with
1664	2966		rules promulgated by the Office of Management and Enterprise
1665	2967		Services.
1666		-
1667	2968		H. All benefits, rights, and obligations contained in this
1668	2969		section shall continue during the time the employee remains on leave
1669	2970		without pay status, for a continuous period not to exceed twelve
1670	2971		(12) months. However, if a workers' compensation claim based on
1671	2972		such illness or injury is denied during the twelve-month period, all
1672	2973		benefits, rights and obligations conferred upon an employee pursuant
1673	2974		to this section shall cease and be discontinued immediately.
1674		-
1675		-	I. A classified state employee who is separated pursuant to
	2975	+	I. A classified A state employee who is separated pursuant to
1676	2976		subsection D of this section shall be eligible for reinstatement to
1677	2977		employment with any state agency for twelve (12) month s after the
1678	2978		date of separation whether in the classified or unclassified s ervice
1679	2979		in accordance with rules adopted by the Director of the Off ice of
1680	2980		Management and Enterprise Services provided the employee is
1681	2981		qualified for the position to which reinstated. An unclassified
1682	2982		employee who is separated pursuant to subsection D of this section
1683	2983		shall be eligible for reinstatement to unclassified emplo yment with
1684	2984		any state agency for twelve (12) months after the date of separation
1685	2985		in accordance with rules promulgated by the Director of the Office
1686	2986		of Management and Enterprise Services provi ded the employee is
1687	2987		qualified for the position to which reinstated . Nothing in this
1688	2988		subsection shall be construed to compel or require any agency of the
	2989	+
	2990	+	ENGR. H. B. NO. 3420 Page 59 1
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	2999	+	10
	3000	+	11
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	3014	+
1689	3015		state to reinstate a former employee who is separated pursuant to
1690	3016		subsection D of this section. Furth er, nothing in this subsection
1691	3017		shall be construed as limiting or r educing a former employee's
1692	3018		eligibility for reinstatement pursuant to other general
1693	3019		reinstatement or reemployment pr ovisions in rules promulgated by t he
1694	3020		Director.
1695		-
1696	3021		SECTION 18. AMENDATORY 74 O.S. 2021, Section 840 -2.23,
1697	3022		is amended to read as follows:
1698		-
1699	3023		Section 840-2.23 A. There is hereby created the state leave
1700		-	sharing program. The purpose of the state leave sharing program is ~~ENR. H. B. NO. 3420 Page 39~~
	3024	+	sharing program. The purpose of the state leave sharing program is
1701	3025		to permit state employees to donate annual or sick leave to a fellow
1702	3026		state employee who has exhausted, or wi ll exhaust, all types of paid
1703	3027		leave and:
1704		-
1705	3028		1. Who is eligible for and requires family leave pursuant to
1706	3029		the provisions of the Family and Medical Leave Act of 1993, 29
1707	3030		U.S.C., 2601 et seq.; or
1708		-
1709	3031		2. Who is suffering from or has a relative or household member
1710	3032		suffering from an extraordinary or severe illness, injury,
1711	3033		impairment, or physical or mental condition which has cause d or is
1712	3034		likely to cause the emplo yee to take leave without pay or termina te
1713	3035		employment; or
1714		-
1715	3036		3. Immediately after the death of a relative or household
1716	3037		member,; provided that the total leave received for this purpose
1717	3038		shall not exceed five (5) days in any cal endar year; or
	3039	+
	3040	+	ENGR. H. B. NO. 3420 Page 60 1
	3041	+	2
	3042	+	3
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1718	3064
1719	3065		4. Who is affected by a presidentially declared national
1720	3066		disaster in Oklahoma after May 1, 1999, for a period of eighteen
1721	3067		(18) months after the date of the presidentially declared national
1722	3068		disaster if:
1723		-
1724	3069		a. the employee suffered a physical in jury as a result of
1725	3070		the disaster,
1726		-
1727	3071		b. the spouse, relative, or household m ember of the
1728	3072		employee suffered a physical injury or died as a
1729	3073		result of the disaster, or
1730		-
1731	3074		c. the domicile of the employee or the home of a relative
1732	3075		of the employee was damaged or destr oyed as a result
1733	3076		of the disaster.
1734		-
1735	3077		B. As used in this section:
1736		-
1737	3078		1. "Relative of the employee" shall be limited to the spouse,
1738	3079		child, stepchild, grandchild, grandparent, stepparent, or parent of
1739	3080		the employee;
1740		-
1741	3081		2. "Household members" means those persons who reside in the
1742	3082		same home, who have reciprocal duties to and do provide fin ancial
1743	3083		support for one another. This term shall include foster ch ildren
1744		-	and legal wards even if they do not live in the household. The term ~~ENR. H. B. NO. 3420 Page 40~~
	3084	+	and legal wards even if they do not live in the household. The term
1745	3085		does not include persons sharing the same general house, when the
1746	3086		living style is primarily that of a dormitory or commune;
1747		-
1748	3087		3. "Severe" or "extraordinary" means extreme or life -
1749	3088		threatening;
	3089	+
	3090	+	ENGR. H. B. NO. 3420 Page 61 1
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	3106	+	17
	3107	+	18
	3108	+	19
	3109	+	20
	3110	+	21
	3111	+	22
	3112	+	23
	3113	+	24
1750	3114
1751	3115		4. "State employee" means a permanent classified an employee or
1752	3116		a regular unclassified employee with one (1) year or more continuous
1753	3117		service with the state. The term "state employee" does not include
1754	3118		classified employees i n probationary status or unclassified
1755	3119		employees on temporary or other limited term appointments, except
1756	3120		that those employees are eligible to receive shared leave as
1757	3121		provided in paragraph 4 of subsection A of this sect ion and the
1758	3122		leave with pay authorized b y Section 840-2.23A of this title related
1759	3123		to a presidentially declared national disaster For the purposes of
1760	3124		the state leave sharing progr am, employees who are afforded
1761	3125		protections under the Civil Service and Human Ca pital Modernization
1762	3126		Act and administrative rules and exempted employees are eligible to
1763	3127		participate; and
1764		-
1765	3128		5. "Terminal" means likely to result in death within two (2)
1766	3129		calendar years.
1767		-
1768	3130		C. An employee may be eligible to re ceive shared leave pursuant
1769	3131		to the following conditions:
1770		-
1771	3132		1. The chief administrative officer of the employee determines
1772	3133		that the employee meets the criteria described in this section; and
1773		-
1774	3134		2. The employee has abi ded by state policies regarding the use
1775	3135		of leave.
1776		-
1777	3136		D. An employee may not donate annual or sick leave to an
1778	3137		eligible employee without the permission of the chief administrative
1779	3138		officer of the donating employee's agency.
	3139	+
	3140	+	ENGR. H. B. NO. 3420 Page 62 1
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	3159	+	20
	3160	+	21
	3161	+	22
	3162	+	23
	3163	+	24
1780	3164
1781	3165		E. An employee may donate annual or sick leave to another
1782	3166		employee provided th e donation does not cause the annual leave
1783	3167		balance of the employee t o fall below eighty (80) hours and provided
1784	3168		the donation does not cause the sick leave balance of the employee
1785	3169		to fall below eighty (80) hours.
1786		-
1787	3170		F. Except as otherwise provided for in this subsection, the
1788	3171		chief administrative officer of the employee shall determine the
1789		-	amount of donated leave an employee may receive and may authorize an ~~ENR. H. B. NO. 3420 Page 41~~
	3172	+	amount of donated leave an employee may receive and may authorize an
1790	3173		employee to use up to a maximum of two hundred sixty -one (261) days
1791	3174		of donated leave during total state e mployment. If the employee is
1792	3175		suffering from an illness which has b een certified in writing by a
1793	3176		licensed physician or health care practitioner as being terminal and
1794	3177		the employee who either has reached or shall r each in the near
1795	3178		future the maximum amount as set out in this subsection, the chief
1796	3179		administrative officer of t he employee may approve additional
1797	3180		donated leave upon written request of the employee.
1798		-
1799	3181		G. The chief administrative officer of the employee shall
1800	3182		require the employee to submit, prior to a pproval or disapproval of
1801	3183		shared leave pursuant to paragraph 1 of su bsection A of this
1802	3184		section, a medical certificate from a licensed physician or health
1803	3185		care practitioner verifying the need for the leave and expe cted
1804	3186		duration of the illness, injury, impai rment, or physical or mental
1805	3187		condition for which the leave is donate d.
1806	3188
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1807	3214		H. Donated annual or sick leave shall be transferable between
1808	3215		employees in different state entities. State entities shall allow
1809	3216		employees to receive donated annual or sick leave from employees
1810	3217		within their employing entity and different state entities ;
1811	3218		provided, that the employee shall first exhaust all available leave
1812	3219		options within the state entity of the employee.
1813		-
1814	3220		I. Donated annual or sick leave is transferable between
1815	3221		employees on an hour-to-hour basis irrespective of the hourly wage
1816	3222		of the donating or receiving employee.
1817		-
1818	3223		J. Any donated leave may only be used by the recipient for the
1819	3224		purposes specified in this section.
1820		-
1821	3225		K. All forms of paid leave available for use by the recipient
1822	3226		must be used prior to using donated leave.
1823		-
1824	3227		L. Any donated leave no t used by the recipient during each
1825	3228		occurrence as determined by the chief administrative officer of the
1826	3229		employee shall be returned to the donor. The donated leave
1827	3230		remaining will be divide d among the donors on a prorated basis based
1828	3231		on the original donated value and returned at its original donor
1829	3232		value and reinstated to the original leave balance of each donor.
1830		-
1831	3233		M. All donated leave must be given v oluntarily. No employee
1832	3234		shall be coerced, threatened, intimidated, or financially induced
1833	3235		into donating annual or sick leave for purposes of the leave sharing
1834		-	program. ENR. H. B. NO. 3420 Page 42
	3236	+	program.
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1835	3262
1836	3263		N. Except as provided by subsection P of this section,
1837	3264		employees may not donate annual or sick leave that the donor would
1838	3265		not be able to otherwise take.
1839		-
1840	3266		O. The Human Capital Management Division of the Office of
1841	3267		Management and Enterprise Services shall designate an employee to
1842	3268		serve as the shared leave liaison. If a qualifying employee is
1843	3269		unable to obtain the necessary number of do nated leave hours from
1844	3270		his or her employing entity, he or she may contact the shared leave
1845	3271		liaison. The shared leave liaison shall have the following
1846	3272		responsibilities:
1847		-
1848	3273		1. To inform all state agencies of the requ irements of this
1849	3274		section;
1850		-
1851	3275		2. To inform all state employees of the rights afforded under
1852	3276		this section;
1853		-
1854	3277		3. To ensure an employee requesting shared leave from other
1855	3278		state entities meets the criteria set forth in this section;
1856		-
1857	3279		4. To coordinate outreach effo rts within the employing agency
1858	3280		and to other state entities to obtain all necessary hours of shared
1859	3281		leave for the employee;
1860		-
1861	3282		5. To ensure an employee has exhausted all sources of shared
1862	3283		leave both within his or her employing entity and other state
1863	3284		entities before requesting leave from the Leave of Last Resort Bank;
1864	3285		and
1865	3286
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1866	3312		6. To coordinate leave requested from the Leave of Last Resort
1867	3313		Bank.
1868		-
1869	3314		P. There is hereby created a Leave of Last Resort Bank. In the
1870	3315		event a qualifying employee is unable to secure shared l eave from
1871	3316		employees within his or her emplo ying entity or within a different
1872	3317		entity, an employee may req uest leave from the Leave of Last Resort
1873	3318		Bank. The Leave of Last Resort Bank shall be administered by the
1874	3319		Human Capital Management Division of the Offi ce of Management and
1875	3320		Enterprise Services.
1876		-
1877	3321		1. The Leave of Last Resort Bank shall be funded by voluntary
1878	3322		donations of annual and sick leave from employees retiring from or
1879		-	leaving state service. ENR. H. B. NO. 3420 Page 43
1880		-
	3323	+	leaving state service.
1881	3324		2. Upon retirement or the final day of state service, an
1882	3325		employee shall elect, in writing, whether any of his or her annual
1883	3326		or sick leave shall be deposited into the Leave of Last Resort Bank.
1884		-
1885	3327		Q. The Office of Management and Enterprise Services shall
1886	3328		promulgate rules and regulations as necessary to carry out the
1887	3329		provisions of this section.
1888		-
1889	3330		SECTION 19. AMENDATORY 74 O.S. 2021, Section 840-2.25,
1890	3331		is amended to read as follows:
1891		-
1892	3332		Section 840-2.25 A. A permanent classified employee or a
1893	3333		regular unclassified An employee shall be entitled to take leave
1894	3334		with pay for not to exceed three (3) days a year to attend meetings
1895	3335		of job-related professional organizations of which the employee i s a
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1896	3362		member upon receiving permission from the appointing authority. Th e
1897	3363		denial by an appointing authority or organiz ational leave shall be
1898	3364		in writing and state the reasons for denying said leave.
1899		-
1900	3365		B. The leave authorized by this section shall not be used for
1901	3366		lobbying activities which include the lobbying of legislative or
1902	3367		executive branch elected officials within state -owned or leased
1903	3368		buildings.
1904		-
1905	3369		SECTION 20. AMENDATORY 74 O .S. 2021, Section 840-2.27C,
1906	3370		is amended to read as follows:
1907		-
1908	3371		Section 840-2.27C A. At least sixty (60) thirty (30) days
1909	3372		before the scheduled beginning of reduction-in-force separations or
1910	3373		as otherwise provided by law, th e appointing authority shall post in
1911	3374		each office of executive branch agencies affected by the proposed
1912	3375		reduction-in-force notice that a reduction-in-force will be
1913	3376		conducted in accordance with the Oklahoma Personne l Act and Merit
1914	3377		rules. The reduction-in-force implementation plan shall be pro vided
1915	3378		to the Director of the Office of Management and Enterprise Services
1916	3379		and any state employee association representing state emp loyees at
1917	3380		such time. The notice shall not be posted unless approved by the
1918	3381		cabinet secretary for the agency conducting the r eduction-in-force.
1919	3382		If there is no incumbent cabinet secretary for the agency, the
1920	3383		cabinet-secretary-notice-approval requirement sh all not be
1921	3384		applicable. If the appointing auth ority is governed by an elected
1922	3385		official, the cabinet-secretary-notice-approval requirement shall
	3386	+
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1923	3412		not be applicable. The approved notice shall be posted in each
1924		-	office affected by the proposed plan for five (5 ) days. The ~~ENR. H. B. NO. 3420 Page 44~~
	3413	+	office affected by the proposed plan for five (5 ) days. The
1925	3414		appointing authority shall provid e a copy of the notice to the
1926	3415		Administrator. A reduction-in-force shall not be used as a
1927	3416		disciplinary action.
1928		-
1929	3417		B. The reduction-in-force implementation plan and subsequent
1930	3418		personnel transactions directly relat ed to the reduction-in-force in
1931	3419		executive branch agencies shall be in compliance with rul es adopted
1932	3420		by the Administrator. Th e reduction-in-force implementation plan,
1933	3421		including the description of and reasons for displacement limits and
1934	3422		protections from dis placement actions, and severance benefits that
1935	3423		will be offered pursuant to Section 840 -2.27D of this title shall be
1936	3424		posted in each office affected by the plan within five (5) business
1937	3425		days after posting of the reduction-in-force notice. The reduction-
1938	3426		in-force implementation plan shall:
1939		-
1940	3427		1. Provide for the appointing authority to determine the
1941	3428		specific position or positions to b e abolished within specified
1942	3429		units, divisions, facilities, agency-wide or any parts thereof; and
1943		-
1944	3430		2. Provide for retention of affec ted employees based on type of
1945	3431		appointment;
1946		-
1947	3432		3. Require the separation of probationary cl assified affected
1948	3433		employees in affected job family levels, except those affected
1949	3434		employees on probationary status after reinstatement from permanent
1950	3435		classified status without a break in service, prior to the
	3436	+
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1951	3462		separation or displacement of any permanent clas sified affected
1952	3463		employee in an affec ted job family level;
1953		-
1954	3464		4. Provide for retention of permanent classified affected
1955	3465		employees in affected job family levels and those affected employees
1956	3466		on probationary status afte r reinstatement from permanent classified
1957	3467		status without a break in service bas ed upon consideration of years
1958	3468		of service;
1959		-
1960	3469		5. Provide for exercise of displacement opportunities by
1961	3470		permanent classified affected employees and those affected employees
1962	3471		on probationary status after reinstatement from pe rmanent classified
1963	3472		status without a break in service if any displacement opportunities
1964	3473		exist; and
1965		-
1966	3474		6. Provide outplacement assistance and employment counseling
1967	3475		from the Oklahoma Employment Security Commission and any other
1968	3476		outplacement assistance and emplo yment counseling made available by
1969		-	the agency to affected employees regarding the options available ~~ENR. H. B. NO. 3420 Page 45~~
	3477	+	the agency to affected employees regarding the options available
1970	3478		pursuant to the State Government Reduction-in-Force and Severance
1971	3479		Benefits Act prior to the date that a reduction -in-force is
1972	3480		implemented.
1973		-
1974	3481		C. If an agency implements a reduction-in-force then it shall
1975	3482		give a veteran's preference over affected nonveterans who have equal
1976	3483		retention points to the affected veteran.
1977		-
1978	3484		D. The Director of the Office of Management and Enterpr ise
1979	3485		Services shall review the fiscal compon ents of the reduction-in-
	3486	+
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1980	3512		force implementation plan and within five (5) business days of
1981	3513		receipt reject any plan that does not:
1982		-
1983	3514		1. Demonstrate that funds are available to cover projected
1984	3515		costs; and
1985		-
1986	3516		2. Contain an estimate of the number of affected employee s
1987	3517		likely to participate in the educa tion voucher program established
1988	3518		in Section 840-2.27D of this title; and
1989		-
1990	3519		3. Contain an estimate of the cost savings or reduced
1991	3520		expenditures likely to be achieved by the agency.
1992		-
1993	3521		If the reduction-in-force is conducted pur suant to a
1994	3522		reorganization, the fisca l components of the reduction-in-force
1995	3523		implementation plan shall contain reasons for the reorganization,
1996	3524		which may include, but not be limited to, increased efficiency,
1997	3525		improved service delivery, or enhanced quality of s ervice.
1998		-
1999	3526		E. The appointing authority may limit displacement of affected
2000	3527		employees at the time of a reduction-in-force. Displacement limits
2001	3528		shall not be subject to the approval of the Administrator. Any
2002	3529		limitation shall be based upon reasonable, written, articulated
2003	3530		criteria as certified by the appointing authority. If displacement
2004	3531		is limited, the appointing authority shall take action to avoid or
2005	3532		minimize any adverse impact on minorities or women.
2006		-
2007	3533		1. The appointing authority may protect from displacemen t
2008	3534		action up to twenty percent (20%) of projected post-reduction-in-
2009	3535		force employees in affecte d positions within displacement limits;
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2010	3562		provided, that any fractional numb er resulting from the final
2011	3563		mathematical calculation of the number of those positions sha ll be
2012	3564		rounded to the next higher who le number. The appointing authority
2013	3565		must explain why aff ected employees are being protected.
2014		-	ENR. H. B. NO. 3420 Page 46
2015	3566		2. If the affected employee has not held within the last five
2016	3567		(5) years a position in the job family level or predecessor cla ss in
2017	3568		which the affected employee is otherwise eligible for a displacement
2018	3569		opportunity, the appointing authority may determine that the
2019	3570		affected employee does not poss ess the recent relevant experience
2020	3571		for the position and deny in writing the displacement opportunity.
2021		-
2022	3572		3. An affected permane nt classified employee may exercise a
2023	3573		displacement privilege, if one exists, if the affected employee has
2024	3574		received an overall ratin g of at least "meets standards", or its
2025	3575		equivalent, on the most recent annual service rat ing. If an
2026	3576		affected employee has no t been rated in accordance with the time
2027	3577		limits established in Section 840-4.17 of this title, the employee
2028	3578		shall be deemed to have received an overall rating of at least
2029	3579		"meets standards" or its equivalent on the most r ecent service
2030	3580		rating.
2031		-
2032	3581		4. An affected employee who exercises a displacement privilege
2033	3582		pursuant to this section shall:
2034		-
2035	3583		a. be required, as a condition of continued emplo yment by
2036	3584		the agency, to sign an agreement, in a form to be
2037	3585		prescribed by the Director of the Office of Management
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2038	3612		and Enterprise Services, acknowledging that the
2039	3613		employee had an oppo rtunity to receive severance
2040	3614		benefits and affirmatively elected to exercis e a
2041	3615		displacement privilege and to forego such benefits.
2042	3616		An affected employee who signs t he agreement required
2043	3617		by this subparagraph waives any privilege which might
2044	3618		otherwise have been available to the affected employee
2045	3619		pursuant to the agreement for the pr ovision of
2046	3620		severance benefits, and
2047		-
2048	3621		b. not have the right to exercise any subsequent right to
2049	3622		receive severance benefits from the agency for which
2050	3623		the affected employee performs servi ces on the date
2051	3624		that the employee exercises a displacement privilege.
2052	3625		The provisions of this section shall not prohibit any
2053	3626		person from exercising a displacement privilege in, or
2054	3627		accepting severance benefits from, more than one
2055	3628		agency during employment wi th the State of Oklahoma or
2056	3629		from the agency which the affected employee ex ercised
2057	3630		a displacement privilege in any future reduction-in-
2058	3631		force.
2059		-	ENR. H. B. NO. 3420 Page 47
2060	3632		F. An affected employ ee who does not agree pursuant to Se ction
2061	3633		840-2.27E of this title to accept severance benefit s and who does
2062	3634		not have a displacement opportunity or does not accept a
2063	3635		displacement opportunity shall be separated by t he reduction-in-
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2064	3662		force and shall not receive any severance benefits that would h ave
2065	3663		otherwise been provided pursuant to Section 840-2.27D of this title.
2066		-
2067	3664		G. Permanent classified affected employees and those affe cted
2068	3665		employees on probationary status after re instatement from permanent
2069	3666		classified status without a break in service who wer e removed from a
2070	3667		job family level by taking a position in another job family level
2071	3668		through displacement or separated after foregoin g severance benefits
2072	3669		shall be recalled by the agency to the job family level from which
2073	3670		they were removed in inverse order of removal before the agency may
2074	3671		appoint other persons to t he job family level, from the employment
2075	3672		register, by internal action or f rom Priority Reemployment
2076	3673		Consideration Roster s as provided by this section. Upon declin ation
2077	3674		of an offer of reappointment t o the job family level from which the
2078	3675		employee was removed or eighteen (18) months after the date of
2079	3676		removal from the job family le vel, whichever is first, this right to
2080	3677		be recalled shall expire.
2081		-
2082	3678		H. The names of permane nt classified affected employees and
2083	3679		those affected employees on probationary status after re instatement
2084	3680		from permanent classified status without a break in service wh o have
2085	3681		been separated pursuant to the State Go vernment Reduction-in-Force
2086	3682		and Severance Benefits Act, who apply and meet all requirements for
2087	3683		state jobs in the classified service sha ll be placed on Priority
2088	3684		Reemployment Consideration Rosters for a maximum of eighteen (18)
2089	3685		months after the date of sepa ration. Before any vacant position is
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2090	3712		filled by any individual eligible for in itial appointment from the
2091	3713		employment register, individuals on the Priority Reemployment
2092	3714		Consideration Rosters shall be given prior ity consideration for
2093	3715		reemployment by any stat e agency within eighteen (18) months after
2094	3716		the date of the reduction-in-force. Upon declination of an offer of
2095	3717		reemployment to a job fa mily level having the same or higher pay
2096	3718		band than the job family level fr om which the employee was removed,
2097	3719		or eighteen (18) months after the date of separation, whichever is
2098	3720		first, this priority co nsideration for reemployment shall expire.
2099	3721		If an agency has posted a reduction-in-force plan and implementation
2100	3722		schedule, all affected employees in positions covered by the pla n
2101	3723		and any within the displacement limits es tablished by the appointing
2102	3724		authority of the agency who have been separated shall be eligible
2103	3725		for priority reemployment consideration.
2104		-	ENR. H. B. NO. 3420 Page 48
2105	3726		I. If an agency or any part the reof is scheduled to be closed
2106	3727		or abolished as a result of legislation or a court order, the
2107	3728		affected employees, who would be eligible for Priority Reemployment
2108	3729		Consideration after t heir separation in accordance with subsection H
2109	3730		of this section, may apply and, if qualified and eligible, shall be
2110	3731		accorded Priority Reemployment Consideration no t to exceed twelve
2111	3732		(12) months before the scheduled date of separation. If an agency
2112	3733		has posted a reduction-in-force plan and implementation schedule,
2113	3734		all affected employees in positions covered by the plan and a ny
2114	3735		within the displacement limits establish ed by the appointing
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2115	3762		authority of the agency shall be eligible for Priority Reemployment
2116	3763		Consideration beginning with the date the schedule is posted, not to
2117	3764		exceed twelve (12) months before the scheduled date of separation.
2118		-
2119	3765		J. D. When the Legislature is not in session, the Contingency
2120	3766		Review Board may, upon the request of the Governor, direct agenc ies,
2121	3767		boards and commissions to reduce the number of employees working f or
2122	3768		the agency, board or commission whenever it is deemed necessary and
2123	3769		proper. Such reduction shall be made pursuant to redu ction-in-force
2124	3770		plans as provided in this section.
2125		-
2126	3771		K. E. 1. When the Legislature is not in session, the
2127	3772		Contingency Review Board m ay, upon the request of the Governor,
2128	3773		direct and require mandatory furloughs for all stat e employees
2129	3774		whenever it is deemed ne cessary and proper. The Contingency Review
2130	3775		Board shall specify the effective dates for furloughs and shall note
2131	3776		any exceptions to state employees affected by same. All classified,
2132	3777		unclassified, exempt or nonmerit employees, including those
2133	3778		employees of agencies or offices established by statute or the
2134	3779		Constitution, shall be affected by such actions.
2135		-
2136	3780		2. Mandatory furlough means the involuntary temporary reduction
2137	3781		of work hours or the placement of an employee on involunt ary leave
2138	3782		without pay. Rules govern ing leave, longevity pay and participation
2139	3783		in the State Employees Group Health, Dental, Disability, and Life
2140	3784		Insurance program shal l not be affected by mandatory furloughs.
2141	3785		Furlough, as provided for in this section or b y rules adopted by the
	3786	+
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2142	3812		Director of the Office of Management and Enterprise Services, shall
2143	3813		not be appealable under the provisions of the Oklahoma Personnel Act
2144	3814		this act.
2145		-
2146	3815		3. Notwithstanding existing laws or provis ions to the contrary,
2147	3816		members of state boards and co mmissions shall not receive per diem
2148	3817		expenses during periods of mandatory furlough. The Conting ency
2149		-	Review Board shall additionally call upon elected officials, membe rs ~~ENR. H. B. NO. 3420 Page 49~~
	3818	+	Review Board shall additionally call upon elected officials, membe rs
2150	3819		of the judiciary, and other public officers whose salary or
2151	3820		emoluments cannot be alter ed during current terms of office, to
2152	3821		voluntarily donate to the General Revenue Fund any portion of their
2153	3822		salary which would otherwise have been affected by a mandator y
2154	3823		furlough.
2155		-
2156	3824		L. F. All agencies directed by the Contingency Review Board to
2157	3825		terminate or furlough employees, shall report the cumulative cost
2158	3826		savings achieved by the reductions-in-force or furloughs to the
2159	3827		Governor, President Pro Tempore of the Senate and Speaker of the
2160	3828		House of Representativ es on a quarterly basis for one (1) year
2161	3829		following the effective date of the action.
2162		-
2163	3830		M. G. The appointing authority of an agency which has an
2164	3831		approved reduction-in-force plan pursuant to the State Government
2165	3832		Reduction-in-Force and Severance Benefits Act m ay request the
2166	3833		Director of the Office of Management and Enterprise Services to
2167	3834		appoint an interagen cy advisory task force for the purpose of
2168	3835		assisting the agency and its employees with the implementation of
	3836	+
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2169	3862		the reduction-in-force. The appointing authority of state agencies
2170	3863		requested by the Administrator to participate on a task force shall
2171	3864		assign appropriate administrative personnel necessary to faci litate
2172	3865		the necessary assistance required for the efficient implementati on
2173	3866		of the approved reduction-in-force.
2174		-
2175	3867		SECTION 21. AMENDATORY 74 O.S. 2021, Section 840-2.27D,
2176	3868		is amended to read as follows:
2177		-
2178	3869		Section 840-2.27D A. Agencies shall provide severance benefits
2179	3870		to affected state employees who are separated from the state service
2180	3871		as a result of a reduction-in-force due to a reorganization or any
2181	3872		other action by an agency which results in affected positions being
2182	3873		abolished and affected employees being severed from the state
2183	3874		service. Severance benefits shall b e given to the following
2184	3875		categories of affected employees: permanent classified affected
2185	3876		employees and affected employees on probationary status after
2186	3877		reinstatement from permanent classified status without a break in
2187	3878		service; provided, however, affected e mployees of the University
2188	3879		Hospitals Authority must have been continuously employed in the
2189	3880		state service since on or before January 1, 1995, to receive
2190	3881		severance benefits. Pursuant to this section and Section 840-5.1A
2191	3882		of this title, state agencies may pro vide severance benefits
2192	3883		provided by this subsection to regular unclassified employe es with
2193	3884		one (1) year or more continuous state service who are separated from
2194		-	the state service for budgetary reasons; however, state agencies ENR. H. B. NO. 3420 Page 50
	3885	+	the state service for budgetary reasons; however, state agencies
	3886	+
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2195	3912		shall offer regular unclassifie d state employees with one (1) year
2196	3913		or more continuous state service who are separa ted from the state
2197	3914		service the same severance benefit as the affected employees in a
2198	3915		reduction-in-force if the unclassified employees' separation is as a
2199	3916		result of the conditions causing the agency to implement a
2200	3917		reduction-in-force. Affected employees who qualify for severance
2201	3918		benefits pursuant to this section, in addition to the payment of any
2202	3919		compensable accrued leave or other benefits an affected employee is
2203	3920		eligible to receive upon separation from the state service, shall
2204	3921		receive severance benefits consisting of the following elements:
2205		-
2206	3922		1. All agency severance benefits shall provide the following :
2207		-
2208	3923		a. payment equal to the affected employee's current
2209	3924		health insurance premiu m for the affected employee
2210	3925		only for eighteen (18) months based on the cost of the
2211	3926		premium at the time of the reduction-in-force. The
2212	3927		appointing authority of the agency can ask t he
2213	3928		Director of the Office of Management and Enterprise
2214	3929		Services to waive the severance benefit provision in
2215	3930		this subparagraph or to reduce the length of coverage
2216	3931		or subsequent severance benefit payment upon
2217	3932		demonstration of the agency's inability to fund t he
2218	3933		full benefit,
2219		-
2220	3934		b. a longevity payment, as prescribed by Section 840 -2.18
2221	3935		of this title, in the amount which would otherwise be
	3936	+
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	3961	+
2222	3962		paid to the affected employee on the affected
2223	3963		employee's next anniversary date. For the purposes of
2224	3964		this subparagraph, the Uni versity Hospitals Authority
2225	3965		shall calculate longevity for affected employees who
2226	3966		were members of the University Hospitals Authority
2227	3967		Model Personnel System pursuant to Section 3211 of
2228	3968		Title 63 of the Oklahoma Statutes for all state
2229	3969		service as would otherwis e be determined by Section
2230	3970		840-2.18 of this title, and
2231		-
2232	3971		c. outplacement assistance and employment counseling
2233	3972		prior to and after the reduction-in-force from the
2234	3973		Oklahoma Employment Security Commission and other
2235	3974		state or private entities that the entity may contract
2236	3975		with to assist individuals who may be impacted by a
2237	3976		reduction-in-force;
2238		-	ENR. H. B. NO. 3420 Page 51
2239	3977		2. In addition to the severance benefits provided by paragraph
2240	3978		1 of this subsection, agencies may shall give affected employees,
2241	3979		except as otherwise provided by paragraph 3 of this subsection,
2242	3980		severance benefit packages based on any combination of the following
2243	3981		options,; provided that all affected employees who receive severance
2244	3982		benefits in the reduction-in-force shall be are accorded uniform
2245	3983		treatment pursuant to the Stat e Government Reduction-in-Force and
2246	3984		Severance Benefits Act :
2247	3985
	3986	+	ENGR. H. B. NO. 3420 Page 79 1
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	4010	+
2248	4011		a. up to one (1) week of pay, calculated by dividing the
2249	4012		affected employee's current annual salary b y the whole
2250	4013		number fifty-two (52), for each year of service,
2251		-
2252	4014		b. a maximum lump-sum payment of Five Thousand Dollars
2253	4015		($5,000.00), and or
2254		-
2255	4016		c. payment for accumulated sick leave or extended illness
2256	4017		benefits at up to one-half (1/2) of the affected
2257	4018		employee's hourly rate not otherwise used purs uant to
2258	4019		law for conversion to credited retirement credit; and
2259		-
2260	4020		3. An affected employee may direct payment of all or a portion
2261	4021		of the affected employee's severance benefits to the options
2262	4022		authorized by this paragraph by exer cising an option to receive
2263	4023		education vouchers for use in connection with the Reduction-in-Force
2264	4024		Education Voucher Action Fund subject to the following requirements
2265	4025		and rules of the Director of the Office of Management and Enterprise
2266	4026		Services, provided tha t the agency offers to match empl oyee
2267	4027		severance funds pursuant to this paragraph. In such case:
2268		-
2269	4028		a. the affected employee may purchase One Dollar ($1.00)
2270	4029		in voucher credit for e ach One Dollar ($1.00)
2271	4030		contributed by the affected employee to the fund
2272	4031		subject to a maximum affected employee c ontribution of
2273	4032		Three Thousand Dollars ($3,000.00) which may be
2274	4033		matched by a maximum agency contribution of Three
2275	4034		Thousand Dollars ($3,000.00); p rovided, that the
	4035	+
	4036	+	ENGR. H. B. NO. 3420 Page 80 1
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	4060	+
2276	4061		agency contribution shall not exceed the contribution
2277	4062		of the affected employee,
2278		-
2279	4063		b. the affected employee may pay the cost for the voucher
2280	4064		program directly, subject to the requirements of
2281	4065		subparagraph a of this paragraph, or the employing
2282	4066		agency of the affected employee may pay the cost of
2283		-	the voucher from funds whic h would otherwise have been ~~ENR. H. B. NO. 3420 Page 52~~
	4067	+	the voucher from funds whic h would otherwise have been
2284	4068		used to make payments to the displaced affected
2285	4069		employee pursuant to an election by the affected
2286	4070		employee to receive severance benefits,
2287		-
2288	4071		c. no voucher issued pursuant to the provisions of this
2289	4072		paragraph shall:
2290		-
2291	4073		(1) be redeemed by the affected employee for cash o r
2292	4074		anything of value other than the cost of tuition
2293	4075		and fees at a public or private educational
2294	4076		institution within the State of Oklahoma, or
2295		-
2296	4077		(2) be valid longer than a period of four (4) years
2297	4078		from the date upon which the vo ucher is issued to
2298	4079		the affected employee,
2299		-
2300	4080		d. the Director of the Office of Management and
2301	4081		Enterprise Services shall pay tuition and fees
2302	4082		directly to the educational institution and shall
2303	4083		receive any refunds for payment of tuition and fees
	4084	+
	4085	+	ENGR. H. B. NO. 3420 Page 81 1
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	4109	+
2304	4110		from the educational institution which shall be
2305	4111		credited to the affected employee's account, and
2306		-
2307	4112		e. the Director of the Office of Management and
2308	4113		Enterprise Services shall distribute to the affec ted
2309	4114		employee and the agency any monies remaining in the
2310	4115		affected employee's acc ount after the voucher credit
2311	4116		has expired. The distribution shall be based on the
2312	4117		proportional share of contributions made by the
2313	4118		affected employee and the agency
2314		-
2315	4119		Agencies shall also be allowed to provide the severance benefits
2316	4120		to separating employees not subject to the Civil Service and Human
2317	4121		Capital Modernization Act and rules promulgated thereund er and whose
2318	4122		position is not subject to an imminent reduc tion-in-force in
2319	4123		exchange for executing a release of all claims against the agency
2320	4124		and the State of Okl ahoma as required by Section 840 -2.27E of this
2321	4125		title.
2322		-
2323	4126		B. Each affected employee who is separated from state service
2324	4127		as a result of a reduction-in-force after July 1, 1998, besides
2325	4128		being eligible for the eight een (18) months of continuation
2326	4129		coverages provided by the Public Health Service Act, 42 U.S.C.,
2327	4130		Section 30066-1 et seq., i.e., health, dental, vision and healthcare
2328		-	reimbursement account options, under this ~~seve rance~~ benefit, shall ~~ENR. H. B. NO. 3420 Page 53~~
	4131	+	reimbursement account options, under this severance benefit, shall
2329	4132		also be eligible to elec t additional continuation coverage for a ny
2330	4133		life insurance, in twenty-thousand-dollar units, on self or five-
	4134	+
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	4159	+
2331	4160		thousand-dollar units, on dependents, and to continue participation
2332	4161		in the dependent care reimbursement account provided that these
2333	4162		additional coverages were in effect immediately prior to the
2334	4163		effective date of the reduction-in-force, the date of which shall
2335	4164		serve as the qualifying event date. Provided, that no coverage
2336	4165		elected for continuation through the Public Health Service Act for
2337	4166		the full eighteen-month period is allowed to lapse, th en that
2338	4167		affected employee may elect to continue those same coverages for an
2339	4168		additional eighteen (18) months at whatever rate is then in effect.
2340	4169		This additional eighteen -month continuation period of coverage shall
2341	4170		be administered by the Oklahoma State Employees Benefits Council
2342	4171		following the initial eighteen-month period of continuation which
2343	4172		shall be administered by the COBRA office at the State and Education
2344	4173		Employees Group Insurance Board.
2345		-
2346	4174		C. Part-time affected employees shall receive benefits pursuant
2347	4175		to this section on a prorated basis. Part-time employees shall have
2348	4176		been compensated for at least one thousand (1,000) hours during the
2349	4177		twelve (12) months immediately preceding the effective date of the
2350	4178		reduction-in-force to be eligible for severance bene fits pursuant to
2351	4179		the State Government Reduction-in-Force and Severance Benefits Act.
2352		-
2353	4180		D. No appointing authority shall grant affected employees in a
2354	4181		reduction-in-force severance benefits except as provided in this
2355	4182		section.
2356	4183
	4184	+	ENGR. H. B. NO. 3420 Page 83 1
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	4208	+
2357	4209		SECTION 22. AMENDATORY 74 O.S. 2021, Section 840 -4.19,
2358	4210		is amended to read as follows:
2359		-
2360	4211		Section 840-4.19 A state agency shall have sole and final
2361	4212		authority to designate the place or places where its employees shall
2362	4213		perform their duties except where the action was for disciplinary
2363	4214		reasons. Such punitive transfers shall be subject to the Civil
2364	4215		Service and Human Capital Modernization Act. For transfers not
2365	4216		deemed punitive, a partial pa yment by the State of Oklahoma shall be
2366	4217		paid to a certified carrier for the cost of moving any employee
2367	4218		permanently transferred at the request of a state agency. A minimum
2368	4219		cost shall be Two Thousand Five Hundred Dollars ($2,500.00) up to a
2369	4220		maximum of twenty percent (20 %) of the employee's current salary.
2370	4221		The Oklahoma Merit Protection Commission shall not have jurisdiction
2371	4222		to accept an appeal of an employee resulting from the employing
2372	4223		agency transfer of an employee from one county or l ocality to
2373		-	another, changing the assigned duties of an employee, or relieving ~~ENR. H. B. NO. 3420 Page 54~~
	4224	+	another, changing the assigned duties of an employee, or relieving
2374	4225		the employee from performance of duty at a particular place and
2375	4226		reassigning to an employee duties to be performed at another place,
2376	4227		unless an employee asserts that:
2377		-
2378	4228		1. The action resulted in a change in job classification or
2379	4229		reduction of the base salary of the employee;
2380		-
2381	4230		2. A violation of the provisions of Section 840 -2.5 or 840-2.9
2382	4231		of this title may have occurred; or
2383	4232
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2384	4258		3. The action was taken clearly for disciplinary reasons and to
2385	4259		deny the employee the right of appeal.
2386		-
2387	4260		SECTION 23. AMENDATORY 74 O.S. 2021, Section 840-5.3, is
2388	4261		amended to read as follows:
2389		-
2390	4262		Section 840-5.3 A. The following offices, positions and
2391	4263		personnel shall not be considered s tate employees except as
2392	4264		otherwise provided by law:
2393		-
2394	4265		1. Patient and inmate help in the state charitable, mental and
2395	4266		correctional institutions;
2396		-
2397	4267		2. Persons engaged in public work for the state, but employed
2398	4268		by contractors when the performance of such contra ct is authorized
2399	4269		by the Legislature or other competent autho rity;
2400		-
2401	4270		3. All employees of all public school districts; and
2402		-
2403	4271		4. Officers and members of the Ok lahoma National Guard, as
2404	4272		such.
2405		-
2406	4273		B. 1. Instructional and administrative personnel, except for
2407	4274		superintendents, of the State Department of Rehabilitation Services
2408	4275		at the Oklahoma School for the Blind and the Oklahoma School for the
2409	4276		Deaf pursuant to Section 1419 of Title 10 of the Oklahoma Statutes
2410	4277		shall be considered state employees, except they shall not be
2411	4278		considered state employees for the purposes of the Oklaho ma
2412	4279		Personnel Act, unless otherwise provided by law. However, the
2413	4280		Office of Management and Ent erprise Services may categorize such
2414	4281		employees as unclassified solely for the purpose of entering and
	4282	+
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2415	4308		maintaining employment data in the state Personnel Managemen t
2416	4309		Information System established pursuant to Section 840-2.13 of this
2417	4310		title.
2418		-	ENR. H. B. NO. 3420 Page 55
2419	4311		2. The superintendents and teachers at the Oklahoma School for
2420	4312		the Blind and the Oklahoma School for the Deaf shall be state
2421	4313		employees in the unclassified service, subject to the Oklahoma
2422	4314		Personnel Act Civil Service and Human Capital Modernization Act.
2423		-
2424	4315		SECTION 24. AMENDATORY 74 O.S. 2021, Section 840 -7.1, is
2425	4316		amended to read as follows:
2426		-
2427	4317		Section 840-7.1 A. A state agency may enter into a contract
2428	4318		with any federally recognized tribe or Indian Nation for the purpose
2429	4319		of leasing one or more of its empl oyees as follows:
2430		-
2431	4320		1. The Indian Tribe or Nation has purchased real property from
2432	4321		the state; and
2433		-
2434	4322		2. The employee or employees were employed by the agency at the
2435	4323		site of the purchased real property.
2436		-
2437	4324		B. The Indian Tribe or Nation shall pay to the agency in a
2438	4325		manner specified in the contract an amount equal to the salary,
2439	4326		employer retirement contributions and flexible benefit allowance
2440	4327		attributed to such leased empl oyee or employees and any other
2441	4328		expenses as agreed by the parties in the contract.
2442		-
2443	4329		C. Leased employees pursuant to this section shall not lose any
2444	4330		rights or benefits of being a state employee and shall reta in their
2445	4331		classification status.
2446	4332
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	4357	+
2447	4358		SECTION 25. AMENDATORY 74 O.S. 2021, Section 5003.5, is
2448	4359		amended to read as follows:
2449		-
2450	4360		Section 5003.5 A. The Director of the Department of Commerce
2451	4361		shall be appointed by the Governor with t he advice and consent of
2452	4362		the Senate. The Director shall serve at the pleasure of the
2453	4363		Governor and shall continue to s erve until a successor is duly
2454	4364		appointed and qualified. The salary of the Director shall be set by
2455	4365		law.
2456		-
2457	4366		B. The Director shall be qualifi ed for such position by
2458	4367		character, personality, ability, education, traini ng and successful
2459	4368		administrative experience in the public or private sector.
2460		-
2461	4369		C. The Director shall employ such persons as are necessary to
2462	4370		implement the powers and duties of the Dep artment. Because many of
2463		-	the powers and duties of the ~~Depart ment~~ involve working closely with ~~ENR. H. B. NO. 3420 Page 56~~
	4371	+	the powers and duties of the Department involve working closely with
2464	4372		the private sector, certain employee positions of the Depar tment
2465	4373		must shall be governed, classified employed and compensated in a
2466	4374		manner that compares equally to similar positions in the private
2467	4375		sector. Therefore, in the annual business plan, the Director shall
2468	4376		list, describe and justify all such positions and th eir compensation
2469	4377		and shall designate and place them in uncla ssified status, and shall
2470	4378		be exempt from the provisions of the Oklahoma Personnel Act Civil
2471	4379		Service and Human Capita l Modernization Act. All other employees
2472	4380		and positions shall be classified and subject to the provisions of
2473	4381		the Merit System of Personnel Administration as provided in the
	4382	+
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2474	4408		Oklahoma Personnel Act Civil Service and Human Capital Modernization
2475	4409		Act. Provided, nothing in this section shall be construed to limit
2476	4410		the authority of the Le gislature to specify the status of positions
2477	4411		otherwise by law. Neither shall the Director have the authority to
2478	4412		circumvent, disregard or otherwise disobey specific provisions of
2479	4413		law regarding positions in the Department.
2480		-
2481	4414		D. The Director shall serve on th e board of:
2482		-
2483	4415		1. The Oklahoma Industrial Finan ce Authority;
2484		-
2485	4416		2. The Oklahoma Scienc e and Technology Research and Development
2486	4417		Board;
2487		-
2488	4418		3. The Oklahoma Development Finance Authority;
2489		-
2490	4419		4. The Executive Bond Oversight Commission; and
2491		-
2492	4420		5. The Oklahoma Ordnance Wo rks Authority.
2493		-
2494	4421		E. The Director may serve as administrator of any interlocal
2495	4422		agreement or compact to pursue economic development and to assign
2496	4423		any employees of the Department or employe e personnel to carry out
2497	4424		duties or obligations pursuant to any interloc al agreement or
2498	4425		compact for economic developm ent.
2499		-
2500	4426		F. The Director, at his or her discretion, may approve payment
2501	4427		for affiliations or memberships of the Department or, if necessary,
2502	4428		associate memberships for individual emplo yees in international,
2503	4429		national, or state economic development councils, prof essional
2504	4430		organizations, or government al associations.
2505	4431
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	4456	+
2506	4457		SECTION 26. NEW LAW A new section of law to be codified
2507	4458		in the Oklahoma Statutes as Section 311.2 of Title 75, unless there
2508		-	is created a duplication in numbering, read s as follows: ENR. H. B. NO. 3420 Page 57
2509		-
	4459	+	is created a duplication in numbering, read s as follows:
2510	4460		A. The Civil Service Director of the Office of Management and
2511	4461		Enterprise Services may delegate the authority to issue a final
2512	4462		agency order adverse to a party to an agency admin istrative law
2513	4463		judge if:
2514		-
2515	4464		1. The administrative law judge has a ge neral knowledge of the
2516	4465		Civil Service and Human Capital Modernization Act and rules
2517	4466		promulgated thereto;
2518		-
2519	4467		2. The administrative law judge:
2520		-
2521	4468		a. is currently licensed to practice law by the Supreme
2522	4469		Court of this state,
2523		-
2524	4470		b. has a working knowledge of the Administrati ve
2525	4471		Procedures Act and administrative rules of the Office
2526	4472		of Management and Enterprise Services,
2527		-
2528	4473		c. is not an owner, stockholder, employee , or officer of,
2529	4474		nor has any other business relationship with, any
2530	4475		corporation, partnership, or other business or entit y
2531	4476		that is subject to regulation by the Office of
2532	4477		Management and Enterprise Services,
2533		-
2534	4478		d. is separate and apart from the legal division or
2535	4479		office of general counsel of the Office of Management
2536	4480		and Enterprise Servi ces,
	4481	+
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2537	4506
2538	4507		e. is not responsible to or subject to t he supervision or
2539	4508		direction of an employee or agent engaged in the
2540	4509		performance of investigative or prosecuting functions
2541	4510		for the Office of Manageme nt and Enterprise Services,
2542	4511		and
2543		-
2544	4512		f. has not been engaged in the p erformance of
2545	4513		investigative or prosecuting fu nctions for the Office
2546	4514		of Management and Enterprise Services regarding the
2547	4515		party receiving the final agency order; and
2548		-
2549	4516		3. The Civil Service Direct or in delegating the authority to
2550	4517		issue final agency orders adver se to a party pursuant to this
2551	4518		section specifically designates by written agency policy and
2552	4519		procedure the type or category of final agency order which may be
2553		-	issued by the administrative law judge. ENR. H. B. NO. 3420 Page 58
2554		-
	4520	+	issued by the administrative law judge.
2555	4521		B. The provisions of this section shall not be construed t o
2556	4522		authorize or allow restraints on the auth ority of the Civil Service
2557	4523		Director to adopt, reject, review, modify, or correct the findings
2558	4524		of fact and conclusions of law or any proposed order issued by the
2559	4525		administrative law judge.
2560		-
2561	4526		C. When the administrative law judge issues a final agency
2562	4527		order, that order becomes the final order of the Office of
2563	4528		Management and Enterprise Services, Civil Service Division without
2564	4529		further proceeding unless ther e is a request for rehearing,
2565	4530		reopening, or reconsideration pursuan t to Section 317 of Title 75 of
	4531	+
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	4556	+
2566	4557		the Oklahoma Statutes or a filing for judicial review pursuant to
2567	4558		Section 318 of Title 75 of the Oklahoma Statutes.
2568		-
2569	4559		SECTION 27. REPEALER 74 O.S. 2021, Sections 840-1.2,
2570	4560		840-1.6B, 840-1.8, 840-1.9, 840-1.10, 840-1.12, 840-1.13, 840-1.15,
2571	4561		840-1.19, 840-1.21, 840-2.5, 840-2.6, 840-2.27A, 840-2.27B, 840-
2572	4562		2.27F, 840-2.27G, 840-2.27I, 840-2.29, 840-3.2, 840-3.4, 840-3.5,
2573	4563		840-3.6, 840-3.7, 840-3.9, 840-3.10, 840-3.11, 840-3.12, 840-3.13,
2574	4564		840-3.14, 840-3.15, 840-3.16, 840-3.17, 840-4.1, 840-4.2, 840-4.3,
2575	4565		840-4.4, 840-4.6, 840-4.8, 840-4.9, 840-4.10, 840-4.11, 840-4.12,
2576	4566		840-4.13, 840-4.14, 840-4.15, 840-4.16, 840-5.1, 840-5.1A, 840-5.2,
2577	4567		840-5.2A, 840-5.2B, 840-5.4, 840-5.5, 840-5.6, 840-5.7, 840-5.8,
2578	4568		840-5.9, 840-5.11, 840-5.12, 840-5.13, 840-5.13A, 840-5.15, 840-
2579	4569		5.16, 840-5.18, 840-5.19, 840-5.20, 840-5.21, 840-5.23, 840-5.24,
2580	4570		840-5.25, 840-5.26, 840-5.27, 840-6.1, 840-6.2, 840-6.3, 840-6.4,
2581	4571		840-6.5, 840-6.6, 840-6.7, 840-6.8, and 840-6.9, are hereby
2582	4572		repealed.
2583		-
2584	4573		SECTION 28. It being immediat ely necessary for the preservation
2585	4574		of the public peace, health or safety, an emergency is hereby
2586	4575		declared to exist, by reason whereof this act shal l take effect and
2587	4576		be in full force from and after its passage an d approval.
2588		-	ENR. H. B. NO. 3420 Page 59
2589		-	Passed the House of Representatives the 9th day of May, 2022.
	4577	+
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	4602	+
	4603	+	Passed the House of Representatives the 23rd day of March, 2022.
2590	4604
2591	4605
2592	4606
2593	4607
2594	4608		Presiding Officer of the House
2595	4609		of Representatives
2596	4610
2597	4611
2598		-	Passed the Senate the ~~26th~~ day of ~~April~~, 2022.
	4612	+	Passed the Senate the ___ day of __________, 2022.
2599	4613
2600	4614
2601	4615
2602	4616
2603	4617		Presiding Officer of the Senate
2604		-
2605		-
2606		-
2607		-	OFFICE OF THE GOVERNOR
2608		-	Received by the Office of the Governor this ____________________
2609		-	day of ___________________, 20_______, at _______ o'clock _______ M.
2610		-	By: _________________________________
2611		-	Approved by the Governor of the State of Oklahoma this _____ ____
2612		-	day of ___________________, 20_______, at _______ o'clock _______ M.
2613		-
2614		-
2615		-	_________________________________
2616		-	Governor of the State of Oklahoma
2617		-
2618		-	OFFICE OF THE SECRETARY OF STATE
2619		-	Received by the Office of the Secretary of State this __________
2620		-	day of ___________________, 20_______, at _______ o'clock _______ M.
2621		-	By: _________________________________
2622	4618