Oklahoma 2023 Regular Session

Oklahoma House Bill HB1042 Compare Versions

Only one version of the bill is available at this time.

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27	27	STATE OF OKLAHOMA
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29	29	1st Session of the 59th Legislature (2023)
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31	31	HOUSE BILL 1042 By: Randleman
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37	37	AS INTRODUCED
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39	39	An Act relating to education; amending 70 O.S. 2021,
40	40	Section 26-103, which relates to flexible benefits
41	41	allowance; modifying definitio n; and providing an
42	42	effective date.
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47	47	BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
48	48	SECTION 1. AMENDATORY 70 O.S. 2021, Section 26-103, is
49	49	amended to read as follows :
50	50	Section 26-103. The following words and phrases as used in
51	51	Section 26-101 et seq. of this title, unless a different mean ing is
52	52	clearly required by the context, shall have the following meanings:
53	53	1. "Benefit" means any of the benefits which may be purchased
54	54	or are required to be purchased under the caf eteria plan;
55	55	2. "Cafeteria plan" means a benefit plan established pursua nt
56	56	to 26 U.S.C. Section 125;
57	57	3. "Flexible benefit allowance " means amounts credited by the
58	58	school district for each school d istrict employee for the purchase
59	59	of benefits under the ca feteria plan;
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85	85	4. "Support personnel" means full-time employees of a scho ol
86	86	district as determined by the standard period of labor which is
87	87	customarily understood to constitute full -time employment for the
88	88	type of services performed by the employees who ar e employed a
89	89	minimum of six (6) hours per day for a minimum of one hundre d
90	90	seventy-two (172) days or a minimum of six (6) hours per day for a
91	91	minimum of one thousand thirty -two (1,032) hours per yea r and who
92	92	provide services not performed by certified pers onnel, or bus
93	93	drivers who are employed a minimum of (20 ) hours per week for a
94	94	minimum of one hundred seventy -two (172) days per year , and which is
95	95	necessary for the efficient and satisfactory functioning of a school
96	96	district, and shall include cooks, janit ors, maintenance personnel,
97	97	bus drivers, noncertified or nonregistered nu rses, noncertified
98	98	librarians, and clerical employees of a school district but shall
99	99	not include adult education instructors or adult coordinators
100	100	employed by technology center school districts;
101	101	5. "Plan year" means the twelve-month period established by the
102	102	school district for the cafeteria plan;
103	103	6. "School district" means the public school districts and
104	104	technology center school districts of this state;
105	105	7. "School district employee " means certified or support
106	106	personnel as defined in Section 26 -101 et seq. of this title.
107	107	Employees of an educational service provider contracted with a
108	108	school district pursuant to subsection G of Section 5 -117 of this
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134	134	title who perform functions that wo uld otherwise be performed by a
135	135	school district employee shall be conside red employees of a school
136	136	district for purposes of the Larry Dickerson Education Flexible
137	137	Benefits Allowance Act unless otherwise provided for in the contract
138	138	between the educational service provider and the contracting school
139	139	district;
140	140	8. "Certified personnel" means a certified person employed on a
141	141	full-time basis to serve as a teacher, principal, supervisor,
142	142	administrator, counselor, librarian, or certified or registered
143	143	nurse, but shall not mean a superintendent of a school district; and
144	144	9. "Self-insured" means a health care program in which the
145	145	school district funds the benefit plans from its own resources
146	146	without purchasing insurance and which may be administered by the
147	147	school district or by an outside administrator under contract with
148	148	the school district for administrative services. The State Board of
149	149	Education shall prepare by May 1st of each year a list of each
150	150	school district in the state that is self -insured and the number o f
151	151	support personnel and the number of certified personnel that are
152	152	participating in each self-insured school district plan.
153	153	SECTION 2. This act shall become effective November 1, 2023.
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155	155	59-1-5718 MJ 12/16/22