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| 3 | + | SB807 HFLR Page 1 | |
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| 3 | 28 | ||
| 4 | - | An Act | |
| 5 | - | ENROLLED SENATE | |
| 29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
| 30 | + | ||
| 31 | + | STATE OF OKLAHOMA | |
| 32 | + | ||
| 33 | + | 1st Session of the 58th Legislature (2021) | |
| 34 | + | ||
| 35 | + | ENGROSSED SENATE | |
| 6 | 36 | BILL NO. 807 By: Kidd, Stephens and Boren of | |
| 7 | 37 | the Senate | |
| 8 | 38 | ||
| 9 | 39 | and | |
| 10 | 40 | ||
| 11 | - | Baker, West (Josh) and | |
| 12 | - | Vancuren of the House | |
| 41 | + | Baker of the House | |
| 42 | + | ||
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| 15 | 46 | ||
| 16 | 47 | An Act relating to school support employees ; amending | |
| 17 | 48 | 70 O.S. 2011, Section 6 -104, as amended by Section 1, | |
| 18 | 49 | Chapter 21, O.S.L. 2017 (70 O.S. Supp. 2020, Section | |
| 19 | 50 | 6-104), which relates to benefits for teachers and | |
| 20 | 51 | other school personnel; directing that support | |
| 21 | 52 | employees be entitled to pay for certain lost time; | |
| 22 | 53 | providing an effective date; and declaring an | |
| 23 | 54 | emergency. | |
| 24 | 55 | ||
| 25 | 56 | ||
| 26 | 57 | ||
| 27 | 58 | ||
| 28 | - | SUBJECT: School support employees | |
| 29 | - | ||
| 30 | 59 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 31 | - | ||
| 32 | 60 | SECTION 1. AMENDATORY 70 O.S. 2011, Section 6 -104, as | |
| 33 | 61 | amended by Section 1, Chapter 21, O.S.L. 2017 (70 O.S. Supp. 2020, | |
| 34 | 62 | Section 6-104), is amended to read as follows: | |
| 35 | - | ||
| 36 | 63 | Section 6-104. A. 1. The board of education of each school | |
| 37 | 64 | district in the state shall provide for sick leave for all teachers | |
| 38 | 65 | employed in the district and shall pay such teachers the full amount | |
| 39 | 66 | of their contract salaries during any absence from their regular | |
| 40 | 67 | school duties for a period of time and under such conditions as the | |
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| 69 | + | SB807 HFLR Page 2 | |
| 70 | + | BOLD FACE denotes Committee A mendments. 1 | |
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| 41 | 95 | board may determine, but not less than the minimum benefits | |
| 42 | 96 | hereafter specified. Payment for sick leave shall be m ade on the | |
| 43 | 97 | basis of the current salary rate then in effect for the teacher | |
| 44 | 98 | receiving the payment. The plan shall provide that a teacher may be | |
| 45 | 99 | absent from his or her duties due to personal accidental injury, | |
| 46 | 100 | illness or pregnancy, or accidental injury or i llness in the | |
| 47 | - | ||
| 48 | - | ENR. S. B. NO. 807 Page 2 | |
| 49 | 101 | immediate family without the loss of salary for not to exceed ten | |
| 50 | 102 | (10) days during each school year, except that said absence without | |
| 51 | 103 | loss of salary for teachers employed on an eleven -month contract | |
| 52 | 104 | shall not exceed eleven (11) days during ea ch school year and for | |
| 53 | 105 | those teachers employed on a twelve -month contract shall not exceed | |
| 54 | 106 | twelve (12) days during each school year, if said contract is for | |
| 55 | 107 | the work period, and not merely for pay purposes. The right to such | |
| 56 | 108 | leave shall vest at the beginn ing of the school year. Each school | |
| 57 | 109 | district shall provide for all teachers a minimum of three (3) days | |
| 58 | 110 | for personal business leave, upon the request of the teacher. | |
| 59 | 111 | Salary deductions for such leave shall not exceed the salary level | |
| 60 | 112 | for substitute teache rs. Provided further, that these terms for | |
| 61 | 113 | personal business leave shall not negate any locally negotiated | |
| 62 | 114 | leave policies which exceed the minimum benefits stated above. Each | |
| 63 | 115 | school district may provide not more than five (5) days each year | |
| 64 | 116 | for emergency leave. Each school district will determine the | |
| 65 | 117 | purposes for which emergency leave can be used. Those days shall | |
| 66 | 118 | not be chargeable to sick leave and will be noncumulative. Unused | |
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| 120 | + | SB807 HFLR Page 3 | |
| 121 | + | BOLD FACE denotes Committee A mendments. 1 | |
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| 67 | 146 | sick leave shall be cumulative up to a total of sixty (60) days, and | |
| 68 | 147 | cumulative sick leave shall be transferable to another school | |
| 69 | 148 | district or to the Oklahoma School for the Blind or the Oklahoma | |
| 70 | 149 | School for the Deaf where the teacher is employed the next | |
| 71 | 150 | succeeding school year, provided that the number of days transferred | |
| 72 | 151 | shall not exceed the maximum days permitted by the receiving school | |
| 73 | 152 | and that such transferred days shall be used first in case of | |
| 74 | 153 | illness and, provided further, that if the receiving school pays | |
| 75 | 154 | teachers for unused sick leave upon retirement or termination of | |
| 76 | 155 | contract, then said payments shall be for only those days | |
| 77 | 156 | accumulated in the receiving school. The school board of the | |
| 78 | 157 | sending district shall certify the exact number of days eligible for | |
| 79 | 158 | transfer. | |
| 80 | - | ||
| 81 | 159 | 2. If a teacher is employed at the Oklahoma School for the | |
| 82 | 160 | Blind or the Oklahoma School for the Deaf after July 1, 2017, any | |
| 83 | 161 | unused sick leave up to a total of sixty (60) days that is | |
| 84 | 162 | accumulated at a school district prior to such date shall be | |
| 85 | 163 | transferable. | |
| 86 | - | ||
| 87 | 164 | B. The plan of each school district for sick leave ben efits may | |
| 88 | 165 | include other terms and conditions, but shall not provide less sick | |
| 89 | 166 | leave benefits than those prescribed herein. Hospital and medical | |
| 90 | 167 | proceeds may not be charged against sick leave benefits, but the | |
| 91 | - | ||
| 92 | - | ENR. S. B. NO. 807 Page 3 | |
| 93 | 168 | proceeds received by the teacher from any insu rance provided by the | |
| 94 | 169 | district for loss of compensable time may be charged against sick | |
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| 171 | + | SB807 HFLR Page 4 | |
| 172 | + | BOLD FACE denotes Committee A mendments. 1 | |
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| 95 | 197 | leave benefits. Provided the board of education may provide all or | |
| 96 | 198 | part of hospital and medical benefits, and sickness, accident, | |
| 97 | 199 | health and life insurance or any of t he aforesaid for any or all of | |
| 98 | 200 | its employees. On authorization of the teacher, the district may | |
| 99 | 201 | approve payroll deductions for such teacher 's portion of the | |
| 100 | 202 | aforesaid. | |
| 101 | - | ||
| 102 | 203 | C. Each school district shall grant a teacher leave for jury | |
| 103 | 204 | service or as a witness s ubpoenaed in a criminal, civil or juvenile | |
| 104 | 205 | proceeding and shall pay the teacher during such service the full, | |
| 105 | 206 | current contract salary. Provided that the district may deduct any | |
| 106 | 207 | compensation received for serving as a juror or witness from the | |
| 107 | 208 | teacher's salary during such service. | |
| 108 | - | ||
| 109 | 209 | D. 1. A school district shall also provide for benefits for | |
| 110 | 210 | personnel other than teachers. Benefits for support personnel | |
| 111 | 211 | employees shall include provisions for paid sick leave of at least | |
| 112 | 212 | one (1) day per month of employment not to exceed the number of | |
| 113 | 213 | hours per day for which they are regularly employed cumulative to a | |
| 114 | 214 | total of sixty (60) days and cumulative sick leave shall be | |
| 115 | 215 | transferable to another school district where the person is employed | |
| 116 | 216 | the next succeeding school year; p rovided, that the number of days | |
| 117 | 217 | transferred shall not exceed the maximum days permitted by the | |
| 118 | 218 | receiving district and that such transferred days shall be used | |
| 119 | 219 | first in case of illness up to a maximum of ten (10) transferred | |
| 120 | 220 | days per school year unless the local board of education authorizes | |
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| 222 | + | SB807 HFLR Page 5 | |
| 223 | + | BOLD FACE denotes Committee A mendments. 1 | |
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| 121 | 248 | the use of additional transferred days during the school year in an | |
| 122 | 249 | amount set by the board and, provided further, that if the receiving | |
| 123 | 250 | district pays such person for unused sick leave upon retirement or | |
| 124 | 251 | termination of employment, then said payments shall be for only | |
| 125 | 252 | those days accumulated in the receiving district. The school board | |
| 126 | 253 | of the sending district shall certify the exact number of days | |
| 127 | 254 | eligible for transfer. Each school district shall provide for all | |
| 128 | 255 | support employees, a minimum of three (3) days for personal business | |
| 129 | 256 | leave, upon the request of the support employee. Salary deductions | |
| 130 | 257 | for personal business leave shall not exceed an amount necessary to | |
| 131 | 258 | cover the costs of services provided to the district by the support | |
| 132 | 259 | employee and shall not exceed the salary of the support employee. | |
| 133 | 260 | The terms for personal business leave provided by this subsection | |
| 134 | 261 | shall not negate any locally negotiated leave policies which exceed | |
| 135 | - | ||
| 136 | - | ENR. S. B. NO. 807 Page 4 | |
| 137 | 262 | the minimum benefits stated above. Payment for such leave shall be | |
| 138 | 263 | calculated with regard to the definition of "support employee" | |
| 139 | 264 | provided by Section 6 -101.40 of this title. Provided that such | |
| 140 | 265 | benefits shall not exceed those authorized for teachers hereunder. | |
| 141 | - | ||
| 142 | 266 | 2. Support employees, as defined by Sect ion 6-101.40 of this | |
| 143 | 267 | title, shall be entitled to pay for any time lost when school is | |
| 144 | 268 | closed on account of epidemics or otherwise when an order for such | |
| 145 | 269 | closing has been issued by a health officer authorized by law to | |
| 146 | 270 | issue the order. | |
| 271 | + | SECTION 2. This act shall become effective July 1, 2021. | |
| 147 | 272 | ||
| 148 | - | SECTION 2. This act shall beco me effective July 1, 2021. | |
| 273 | + | SB807 HFLR Page 6 | |
| 274 | + | BOLD FACE denotes Committee A mendments. 1 | |
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| 149 | 298 | ||
| 150 | 299 | SECTION 3. It being immediately necessary for the preservation | |
| 151 | 300 | of the public peace, health or safety, an emergency is hereby | |
| 152 | 301 | declared to exist, by reason whereof this act shall take effe ct and | |
| 153 | 302 | be in full force from and after its passage and approval. | |
| 154 | 303 | ||
| 155 | - | ||
| 156 | - | ENR. S. B. NO. 807 Page 5 | |
| 157 | - | Passed the Senate the 9th day of March, 2021. | |
| 158 | - | ||
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| 160 | - | ||
| 161 | - | Presiding Officer of the Senate | |
| 162 | - | ||
| 163 | - | ||
| 164 | - | Passed the House of Representatives the 13th day of April, 2021. | |
| 165 | - | ||
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| 167 | - | ||
| 168 | - | Presiding Officer of the House | |
| 169 | - | of Representatives | |
| 170 | - | ||
| 171 | - | OFFICE OF THE GOVERNOR | |
| 172 | - | Received by the Office of the Governor this _______ _____________ | |
| 173 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
| 174 | - | By: _______________________________ __ | |
| 175 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
| 176 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
| 177 | - | ||
| 178 | - | _________________________________ | |
| 179 | - | Governor of the State of Oklahoma | |
| 180 | - | ||
| 181 | - | ||
| 182 | - | OFFICE OF THE SECRETARY OF STATE | |
| 183 | - | Received by the Office of the Secretary of State this _______ ___ | |
| 184 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
| 185 | - | By: _______________________________ __ | |
| 304 | + | COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021 | |
| 305 | + | - DO PASS. |