Oklahoma 2022 Regular Session

Oklahoma House Bill HB4109 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 4109 Page 1 1
	3	+	HB4109 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 4109 By: Vancuren and Lawson of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (202 2)
	34	+
	35	+	HOUSE BILL 4109 By: Vancuren of the House
31	36
32	37		and
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34	39		Haste of the Senate
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	45	+	AS INTRODUCED
	46	+
40	47		[ school employees - creating an Education Employee
41	48		Assistance Program within the Department of Mental
42	49		Health and Substance Abuse Services - effective
43		-	date –
44		-	emergency ]
	50	+	date – emergency ]
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49	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50	56		SECTION 1. NEW LAW A new section of law to be codified
51	57		in the Oklahoma Statutes as Section 5-117.7 of Title 70, unless
52	58		there is created a duplication in numbering, reads as follows:
53	59		A. An Education Employee Assistance Program shall be created
54	60		within the Department of Mental Health and Substance Abuse Services.
55	61		The program may provide assistance to public school districts in the
56	62		management of employees whose personal problems may have a negative
57	63		impact on job performance. The program may also provide for
58		-	assessment, referral, consultation, and problem resolution
59		-	assistance to school district employees and their family members
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61		-	ENGR. H. B. NO. 4109 Page 2 1
	65	+	HB4109 HFLR Page 2
	66	+	BOLD FACE denotes Committee Amendments. 1
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	91	+	assessment, referral, consultation, and problem resolution
	92	+	assistance to school district employees and their family members
86	93		seeking corrective help with medical or mental health problems,
87	94		including alcohol or drug abuse and emotional, marital, familial,
88	95		financial, or other personal problems. Participation in the
89	96		Education Employee Assistance Program shall be voluntary.
90	97		B. The Department of Mental Health and Substance Abuse Services
91	98		may enter into contracts to carry out the purposes and functions of
92	99		the Education Employee Assistance Program and establish standards
93	100		and criteria which shall be met by entities to be eligible to
94	101		contract with the Department.
95	102		C. The Board of Mental Health and Substance Abuse Services
96	103		shall:
97	104		1. Promulgate rules necessary for the administration o f the
98	105		Education Employee Assistance Program and the maintenance and
99	106		release of participant records; and
100	107		2. Establish evaluation methods to assess the effectiveness of
101	108		the Education Employee Assistance Program.
102	109		D. Nothing in this section shall nullify a school district's
103	110		existing employee assistan ce program or prohibit a school district
104	111		from establishing its own employee assistance program; provided,
105	112		however, such programs established by school districts shall be
106	113		subject to compliance with rules promulgate d by the Board to ensure
107	114		equitable treatment of employees.
108		-	E. Records related to employee participation in the Education
109		-	Employee Assistance Program or an employee assistance program
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111		-	ENGR. H. B. NO. 4109 Page 3 1
	116	+	HB4109 HFLR Page 3
	117	+	BOLD FACE denotes Committee Amendments. 1
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	142	+	E. Records related to employee participation in the Education
	143	+	Employee Assistance Program or an employee assistance program
136	144		established by a school district shall be maintained separate ly from
137	145		regular personnel records and shall not b ecome part of an employee's
138	146		personnel file. Records related to an individual's participation in
139	147		an employee assistance program shall be confidential and neither the
140	148		records nor the testimony of an Education Employee Assistance
141	149		Program professional sh all be subject to subpoena unless a
142	150		participant poses a threat to deliberately harm the participant or
143	151		others. This determination shall be made by an Education Employee
144	152		Assistance Program professional. A participant in an employee
145	153		assistance program shall have a right to access his or her own
146	154		employee assistance program records.
147	155		F. Nothing in this section or the rules promulgated pursuant to
148	156		this section shall be construed to conflict with a school district's
149	157		responsibility and authority to maintain discipline or to take
150	158		disciplinary measures against employees if appropriate.
151	159		Participation or nonparticipation in any education employee
152	160		assistance program shall not excuse an employee from discipline or
153	161		otherwise affect the terms and conditions of the employee's
154	162		employment status with a school district.
155	163		SECTION 2. This act shall become effective July 1, 2022.
156	164		SECTION 3. It being immediately necessary for the preservation
157	165		of the public peace, health or safety, an emergency is hereby
158		-	declared to exist, by reason whereof thi s act shall take effect and
159		-	be in full force from and a fter its passage and approval.
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161		-	ENGR. H. B. NO. 4109 Page 4 1
	167	+	HB4109 HFLR Page 4
	168	+	BOLD FACE denotes Committee Amendments. 1
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186		-	Passed the House of Representatives the 21st day of March, 2022.
	193	+	declared to exist, by reason whereof thi s act shall take effect and
	194	+	be in full force from and after its passage and approval.
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191		-	Presiding Officer of the House
192		-	of Representatives
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195		-	Passed the Senate the ___ day of __________, 2022.
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200		-	Presiding Officer of the Senate
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	196	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	197	+	03/03/2022 - DO PASS, As Amended and Coauthored.