Oklahoma 2022 Regular Session

Oklahoma House Bill HB4349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	SENATE FLOOR VERSION - HB4349 SFLR Page 1
4		-	(Bold face denotes Committee Amendments) 1
	3	+	ENGR. H. B. NO. 4349 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28	27
29		-	SENATE FLOOR VERSION
30		-	April 12, 2022
31		-
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 4349 By: McCall and Randleman of the
35	30		House
36	31
37	32		and
38	33
39	34		Bullard of the Senate
40	35
41	36
42	37
	38	+
	39	+
	40	+
	41	+
43	42		An Act relating to schools; amending 70 O.S. 2021,
44	43		Section 5-113, which relates to boards of education;
45	44		modifying size of school district for exemp tion from
46	45		prohibition on certain relati ves; and declaring an
47	46		emergency.
	47	+
	48	+
48	49
49	50
50	51
51	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
52	53		SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-113, is
53	54		amended to read as follows:
54	55		Section 5-113. A. Except as otherwise provided in this
55	56		section, no person shall be eligible to be a candidate for or serve
56	57		on a board of education if the person is currently employed by the
57	58		school district governed by that board of education or is related
58	59		within the second degree by affinity or consanguinity to any other
59	60		member of the board of education or to any employee of the school
60	61		district governed by the board of education. The purpose o f this
61	62		section is both to prohibit persons who are related within th e
62	63		second degree by affinity or consanguinity from serving
63		-	simultaneously on the same board of education of any school district
64	64
65		-	SENATE FLOOR VERSION - HB4349 SFLR Page 2
66		-	(Bold face denotes Committee Amendments) 1
	65	+	ENGR. H. B. NO. 4349 Page 2 1
67	66		2
68	67		3
69	68		4
70	69		5
71	70		6
72	71		7
73	72		8
74	73		9
75	74		10
76	75		11
77	76		12
78	77		13
79	78		14
80	79		15
81	80		16
82	81		17
83	82		18
84	83		19
85	84		20
86	85		21
87	86		22
88	87		23
89	88		24
90	89
	90	+	simultaneously on the same board of education of any school district
91	91		of this state and to prohibit persons who are related within the
92	92		second degree of consanguinity or affinity to an employee of a
93	93		school district from serving on the board of education governing the
94	94		school district while such relative i s employed except as otherwise
95	95		provided in this section.
96	96		B. If the relationship is based on affinity, the prohibitions
97	97		in this section shall not apply to prevent members of boards of
98	98		education who are serving on September 1, 1995, from serving the
99	99		term for which they were elected or from serving successive terms
100	100		for which they may be el ected, unless it is the member's spouse who
101	101		is a member of the board of education or an employee of the school
102	102		district, then such prohibitions shall apply.
103	103		C. The prohibitions set forth in this section shall not apply
104	104		if:
105	105		1. The person related to the bo ard member within the second
106	106		degree of affinity or consanguinity is employed as a substitute
107	107		teacher by the school district pursuant to the provisions of Section
108	108		6-105 of this title or as a temporary substitute support employee if
109	109		the school district has a n Average Daily Membership (ADM) of less
110	110		than five thousand (5,000); or
111	111		2. The school district has an ADM of less than four hundred
112	112		(400) six hundred (600), the board of education has adopted a policy
113	113		providing for such candidate eligibility and the board member who is
114		-	related within the second degree by affinity or consa nguinity to any
115	114
116		-	SENATE FLOOR VERSION - HB4349 SFLR Page 3
117		-	(Bold face denotes Committee Amendments) 1
	115	+	ENGR. H. B. NO. 4349 Page 3 1
118	116		2
119	117		3
120	118		4
121	119		5
122	120		6
123	121		7
124	122		8
125	123		9
126	124		10
127	125		11
128	126		12
129	127		13
130	128		14
131	129		15
132	130		16
133	131		17
134	132		18
135	133		19
136	134		20
137	135		21
138	136		22
139	137		23
140	138		24
141	139
	140	+	related within the second degree by affinity or consa nguinity to any
142	141		employee of the school district governed by the board of education
143	142		complies with the provisions of subsection E of Section 5 -113.1 of
144	143		this title.
145	144		D. Any member of a board of education who violates the
146	145		provisions of this section shall be su bject to the penalties
147	146		prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
148	147		Statutes.
149	148		SECTION 2. It being immediately necessary for the preservation
150	149		of the public peace, health or safety, an emergency is hereby
151	150		declared to exist, by reason whereof this act shall take effect and
152	151		be in full force from and after its passage an d approval.
153		-	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
154		-	April 12, 2022 - DO PASS
	152	+	Passed the House of Representatives the 9th day of March, 2022.
	153	+
	154	+
	155	+
	156	+
	157	+	Presiding Officer of the House
	158	+	of Representatives
	159	+
	160	+
	161	+	Passed the Senate the ___ day of ___ _______, 2022.
	162	+
	163	+
	164	+
	165	+
	166	+	Presiding Officer of the Senate
	167	+
	168	+