| 42 | 64 | | |
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| 43 | 65 | | An Act relating to statutory terms; amending 7 O.S. |
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| 44 | 66 | | 2021, Sections 8, 12, and 19.1, which relate to blind |
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| 45 | 67 | | persons; updating terminology; am ending 74 O.S. 2021, |
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| 46 | 68 | | Sections 85.58E, 840-2.9, as amended by Section 8, |
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| 47 | 69 | | Chapter 243, O.S.L. 2022 , 954, 2280, 3003, as amended |
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| 48 | 70 | | by Section 3, Chapter 252, O.S.L. 2022 , 5010.2, and |
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| 49 | 71 | | 7009 (74 O.S. Supp. 2022, S ections 840-2.9 and 3003), |
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| 50 | 72 | | which relate to state go vernment; updating |
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| 51 | 73 | | terminology; updating statutory references; and |
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| 52 | 74 | | providing an effective date . |
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| 53 | 75 | | |
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| 54 | 76 | | |
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| 55 | 77 | | |
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| 56 | 78 | | |
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| 57 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 58 | 80 | | SECTION 1. AMENDATORY 7 O.S. 2021, Section 8, is amended |
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| 59 | 81 | | to read as follows: |
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| 60 | 82 | | Section 8. A. The state plan for libr ary services shall be |
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| 61 | 83 | | amended in accordance with the Federal Library Services and |
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| 62 | 84 | | Construction Act and applicable regulations to reflect the authority |
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| 63 | 85 | | and duty of the Division of Services for the Blind and Vi sually |
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| 64 | 86 | | Impaired of the State Department of Rehab ilitation Services to |
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| 65 | 87 | | provide special library services, including braille and recorded |
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| 95 | 141 | | B. Special library services for blin d and physically |
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| 96 | 142 | | handicapped adults, children, a nd students and visually impaired |
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| 97 | 143 | | persons and persons with disabilities shall be provided by the |
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| 98 | 144 | | Division of Services for the Blind and Visually Impaired of the |
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| 99 | 145 | | Department in accordance with the Federal Libra ry Services and |
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| 100 | 146 | | Construction Act, as amended, an d applicable federal regulations |
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| 101 | 147 | | relating thereto; and consistent with applicable statutes and |
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| 102 | 148 | | regulations. The Commission for Rehabilitation Services shall , |
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| 103 | 149 | | within the availability of state funds, annually make available for |
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| 104 | 150 | | such special library services sufficient funds to earn the maximum |
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| 105 | 151 | | available federal funds under the Federal Library Services and |
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| 106 | 152 | | Construction Act and appropriations made in pursuance th ereof by |
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| 107 | 153 | | Congress. |
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| 108 | 154 | | C. All federal requirements for interlibrary cooperation and |
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| 109 | 155 | | consultation shall be observed and entitlement of the Department of |
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| 110 | 156 | | Libraries to receive federal funds for library servic es or |
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| 111 | 157 | | construction shall not be impaired by any state law prescribing the |
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| 112 | 158 | | duties, responsibilities and fu nctions of the Division of Services |
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| 113 | 159 | | for the Blind and Visually Impaired of the Department. |
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| 114 | 160 | | SECTION 2. AMENDATORY 7 O.S. 2021, Section 12, is |
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| 115 | 161 | | amended to read as follows: |
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| 146 | 216 | | carrying a cane or walking stick white i n color, or white tipped |
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| 147 | 217 | | with red, or who is using a dog guide wearing a specialized h arness, |
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| 148 | 218 | | or who is wholly or partially deaf and is using a signal dog wearing |
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| 149 | 219 | | an orange identifying collar, or who is physically handicapped a |
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| 150 | 220 | | person with a disability and is using a service dog, shall |
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| 151 | 221 | | immediately come to a full stop and take such precautio ns before |
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| 152 | 222 | | proceeding as may be necessary to avoid accident or injury to the |
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| 153 | 223 | | person wholly or partially blind, deaf or physically handicapped . |
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| 154 | 224 | | For purposes of this section, a “dog guide” means any dog that is |
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| 155 | 225 | | specially trained to guide a blind person. |
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| 156 | 226 | | SECTION 3. AMENDATORY 7 O.S. 2021, Section 19.1, is |
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| 157 | 227 | | amended to read as follows: |
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| 158 | 228 | | Section 19.1. A. Any blind, physically handicapped or visually |
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| 159 | 229 | | impaired person, person with a disabil ity, deaf or hard-of-hearing |
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| 160 | 230 | | person who is a passen ger on any common carrier, airplane, motor |
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| 161 | 231 | | vehicle, railroad train, motorbus, streetcar, boat, or any other |
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| 162 | 232 | | public conveyance or mode of transportation operating within this |
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| 163 | 233 | | state or any dog trainer from a recognized training center when in |
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| 164 | 234 | | the act of training guide, signal, or service dogs shall b e entitled |
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| 165 | 235 | | to have with him or her a guide, signal, or service dog spe cially |
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| 166 | 236 | | trained or being trained for that purpose, without being required to |
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| 196 | 290 | | B. A blind, physically handicapped or visually impaired person, |
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| 197 | 291 | | person with a disability , deaf or hard-of-hearing person and his or |
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| 198 | 292 | | her guide, signal, or servic e dog or a dog trainer from a recognized |
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| 199 | 293 | | training center in the act of training guide, signal, or service |
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| 200 | 294 | | dogs shall not be denied admittance to or refused access to any of |
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| 201 | 295 | | the following because of such dog: Any street, highway, sidewalk, |
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| 202 | 296 | | walkway, any common carrier, airplane, motor vehicle, railroad |
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| 203 | 297 | | train, motor bus, streetcar, boat, or any other public conveyance or |
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| 204 | 298 | | mode of transportation, hotel, m otel, or other place of lodging, |
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| 205 | 299 | | public building maintained by any unit or subdivision of government, |
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| 206 | 300 | | building to which the general public is invited, college dormitory |
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| 207 | 301 | | and other educational facility, restaurant or other place where food |
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| 208 | 302 | | is offered for sale to the public, or any other place of public |
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| 209 | 303 | | accommodation, amusement, convenience, or resort to which the |
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| 210 | 304 | | general public or any classification of persons fro m the general |
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| 211 | 305 | | public is regularly, normally, or customarily invited within the |
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| 212 | 306 | | State of Oklahoma. Such blind, physically handicapped or visually |
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| 213 | 307 | | impaired person, person with a disability , deaf or hard-of-hearing |
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| 214 | 308 | | person or dog trainer from a recognized tra ining center in the act |
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| 215 | 309 | | of training guide, signal, or service dogs shall not be required to |
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| 216 | 310 | | pay any additional ch arges for his or her guide, signal, or service |
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| 246 | 364 | | C. A dog used by a de af or hard-of-hearing person shall be |
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| 247 | 365 | | required to wear an orange identifying collar. |
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| 248 | 366 | | D. For the purposes of this section and Section 113.1 of Title |
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| 249 | 367 | | 41 of the Oklahoma Statutes: |
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| 250 | 368 | | 1. “Physically handicapped person” “Person with a disability” |
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| 251 | 369 | | means any person who has a physical impairment which severely and |
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| 252 | 370 | | permanently restricts mobility of two or more extremities, or who is |
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| 253 | 371 | | so severely disabled as to be unable to move without the a id of a |
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| 254 | 372 | | wheelchair; |
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| 255 | 373 | | 2. “Service dog” means any dog individually trained to th e |
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| 256 | 374 | | physically handicapped person ’s requirements of the person with a |
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| 257 | 375 | | disability; and |
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| 258 | 376 | | 3. “Signal dog” means any dog trained to alert a deaf or hard - |
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| 259 | 377 | | of-hearing person to intruders or sounds. |
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| 260 | 378 | | SECTION 4. AMENDATORY 74 O.S. 2021, Secti on 85.58E, is |
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| 261 | 379 | | amended to read as foll ows: |
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| 262 | 380 | | Section 85.58E. A. The Risk Management Adm inistrator, pursuant |
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| 263 | 381 | | to the provisions of this section and Section 85.34 of Title 74 of |
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| 264 | 382 | | the Oklahoma Statutes Section 85.5A of this title, may obtain or |
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| 265 | 383 | | provide insurance coverage for any vehicle used by any entity |
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| 266 | 384 | | specified in subsection B of this section for transportation |
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| 267 | 385 | | services for elderly persons and/or handicapped persons with |
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| 297 | 439 | | Management Program by such transportation servic es. In addition, |
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| 298 | 440 | | the Risk Management Administrator is authorized to establish |
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| 299 | 441 | | equipment and safety standards for the vehicles to be covered by the |
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| 300 | 442 | | Risk Management Progra m. |
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| 301 | 443 | | B. The Risk Management Administrator may obtain or provide the |
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| 302 | 444 | | insurance coverage authorized by subsection A of this section for: |
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| 303 | 445 | | 1. Counties; |
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| 304 | 446 | | 2. Municipalities; |
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| 305 | 447 | | 3. Community action agenci es designated pursuant to Sections |
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| 306 | 448 | | 5035 through 5040 of Title 74 of the Oklahoma Statutes this title; |
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| 307 | 449 | | 4. Any charitable corporation formed for the purpose of |
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| 308 | 450 | | providing either a volunteer or full -time fire department, |
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| 309 | 451 | | established pursuant to Section 592 of Title 18 of the Oklahoma |
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| 310 | 452 | | Statutes, furnishing transportation for elderly persons and |
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| 311 | 453 | | handicapped persons with disabilities; and |
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| 312 | 454 | | 5. Any vehicle owned and operated by a nonprofit organization |
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| 313 | 455 | | that pursuant to contract with the state or a political subdivis ion |
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| 314 | 456 | | of the state provides older persons transportation to and from |
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| 315 | 457 | | medical, dental and religious services and re lief from business and |
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| 316 | 458 | | social isolation. |
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| 317 | 459 | | C. The governing authorities of such transportation services |
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| 318 | 460 | | for elderly persons and handicapped persons with disabilities shall |
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| 347 | 513 | | by Section 85.37 of Title 74 of the Oklaho ma Statutes Section 85.58M |
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| 348 | 514 | | of this title. |
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| 349 | 515 | | D. Requests for the insurance coverage provided pursuant to the |
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| 350 | 516 | | provisions of this section shall be submitted in writing to the Risk |
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| 351 | 517 | | Management Administrator by the transportation services for elderly |
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| 352 | 518 | | persons and handicapped persons with disabilities specified in |
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| 353 | 519 | | subsection B of this section. Those transportation services for |
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| 354 | 520 | | elderly persons and handicapped persons with disabilities meeting |
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| 355 | 521 | | eligibility criteria shall be approved for participation in the Risk |
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| 356 | 522 | | Management Program by the Risk Management Administrator if the |
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| 357 | 523 | | vehicles used by transp ortation services for elderly persons and |
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| 358 | 524 | | handicapped persons with disabilities meet the equipment and safety |
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| 359 | 525 | | standards established by the Risk Management Administrator. |
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| 360 | 526 | | SECTION 5. AMENDATORY 74 O.S. 2021, Section 840 -2.9, as |
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| 361 | 527 | | amended by Section 8, Chapter 243, O.S.L. 2022 (74 O.S. Supp. 2022, |
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| 362 | 528 | | Section 840-2.9), is amended to re ad as follows: |
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| 363 | 529 | | Section 840-2.9. A. No person in the state service shall be |
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| 364 | 530 | | appointed to or demoted or dismissed from any position in the state |
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| 365 | 531 | | service, or in any way favored or discriminated against with respect |
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| 366 | 532 | | to employment in the state service because of political or religious |
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| 367 | 533 | | opinions or affiliations, race, creed, gender, colo r or national |
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| 368 | 534 | | origin or by reason of any physical handicap disability so long as |
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| 369 | 535 | | the physical handicap disability does not render the employee unable |
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| 398 | 588 | | special disabled veterans pursuant to Sections 401 through 404 of |
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| 399 | 589 | | Title 72 of the Oklahoma Statutes shall not constitute favoritism as |
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| 400 | 590 | | herein prohibited. |
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| 401 | 591 | | B. No person shall use or promise to use, directl y or |
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| 402 | 592 | | indirectly, any official authority or influence, whether possessed |
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| 403 | 593 | | or anticipated, to secure or attempt to secur e for any person an |
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| 404 | 594 | | appointment or advantage in appointment to a position or an increase |
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| 405 | 595 | | in pay or other advantage in employment in any such position, for |
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| 406 | 596 | | the purpose of influencing the vote or political action of any |
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| 407 | 597 | | person, or for any consideration. Letters of inquiry, |
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| 408 | 598 | | recommendation and reference for public employees by public |
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| 409 | 599 | | officials shall not be consi dered official authority or influence |
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| 410 | 600 | | unless such letter contains a threat, intimidation, or irrelevant, |
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| 411 | 601 | | derogatory or false information. |
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| 412 | 602 | | C. No person shall make any false statement, certificate, |
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| 413 | 603 | | score, rating or report with regard to any test, certificat ion or |
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| 414 | 604 | | appointment to state service or in any manner commit any fraud |
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| 415 | 605 | | related to employment in state service preventing the implementation |
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| 416 | 606 | | of the provisions of law and rules made pursuant thereto. |
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| 417 | 607 | | D. No employee, examiner or other person shall deny, deceive or |
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| 418 | 608 | | obstruct any person in his or her rig ht to examination, eligibility, |
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| 419 | 609 | | certification or appointment or furnish to any person any spe cial or |
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| 449 | 663 | | E. No person shall, directly or indirectly, give, render, pay, |
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| 450 | 664 | | offer, solicit or accept any money, se rvice or other valuable |
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| 451 | 665 | | consideration for or a s a result of any appointment, proposed |
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| 452 | 666 | | appointment, promotion or proposed promotion to or any advantage in, |
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| 453 | 667 | | a position in state service. |
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| 454 | 668 | | F. Alleged violation of this section sha ll be reported to the |
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| 455 | 669 | | Oklahoma Attorney General. |
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| 456 | 670 | | SECTION 6. AMENDATORY 74 O.S. 2021, Section 954, is |
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| 457 | 671 | | amended to read as follows: |
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| 458 | 672 | | Section 954. It is hereby prohibited for any department or |
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| 459 | 673 | | agency of the State of Oklahoma, or any official or employee of the |
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| 460 | 674 | | same for and on behalf of the State of Oklahoma: to refuse to |
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| 461 | 675 | | employ or to discharge any perso n, otherwise qualified, on account |
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| 462 | 676 | | of race, color, creed, national origin, age, handicap disability, or |
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| 463 | 677 | | ancestry; to discriminate for the same reasons in regard to tenure, |
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| 464 | 678 | | terms, or conditions of employment; to deny promotion or increase in |
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| 465 | 679 | | compensation solely for th ese reasons; to publish an offer of |
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| 466 | 680 | | employment based on such discrimination; to adop t or enforce any |
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| 467 | 681 | | rule or employment policy which so discriminates as to any employee; |
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| 468 | 682 | | or to seek such information as to any applicant or employee or to |
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| 469 | 683 | | discriminate in the selection of personnel for traini ng solely on |
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| 499 | 737 | | It shall be the duty of the Oklahoma Merit Protection Commission |
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| 500 | 738 | | to investigate, upon its own initiative, upon complaint filed by any |
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| 501 | 739 | | aggrieved person, or up on complaint filed by the Attorney General ’s |
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| 502 | 740 | | Office of Civil Rights Enforcement, any violation of this section |
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| 503 | 741 | | and to enforce compliance with the same, both in the classifi ed and |
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| 504 | 742 | | the nonclassified service. The Attorney General ’s Office of Civil |
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| 505 | 743 | | Rights Enforcement shall investigate, upon its own initiative or on |
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| 506 | 744 | | complaint filed with it, any such violation and may file a formal |
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| 507 | 745 | | complaint with the Oklahoma Merit Protection Com mission. When any |
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| 508 | 746 | | complaint is filed by the Attorney General with the Oklahoma Meri t |
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| 509 | 747 | | Protection Commission, the Oklahoma Merit Protection Commission |
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| 510 | 748 | | shall set a hearing on the same, at which hearing the Attorney |
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| 511 | 749 | | General, or his or her representative, may appear and present the |
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| 512 | 750 | | finding of the Attorney General in regard to such violation. In the |
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| 513 | 751 | | enforcement of this section, the Oklahoma Merit Protection |
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| 514 | 752 | | Commission shall follow the provisions of existing laws relating to |
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| 515 | 753 | | hearings, procedures, and notices, an d shall have power to enforce |
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| 516 | 754 | | its orders pertaining to violations of this section as is provided |
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| 517 | 755 | | by law in regard to the classified service. |
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| 518 | 756 | | SECTION 7. AMENDATORY 74 O.S. 2021, Section 2280, is |
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| 519 | 757 | | amended to read as follows: |
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| 549 | 811 | | 1. State nature trails, which shall be trails designed to |
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| 550 | 812 | | deepen the public’s awareness and understandi ng of various |
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| 551 | 813 | | ecological, geological or cultural qualities within the state by |
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| 552 | 814 | | means of an interpretive service pro gram; |
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| 553 | 815 | | 2. State hiking trails, which shall be extensive trails and |
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| 554 | 816 | | will serve to connect parks, scenic areas, historical points and |
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| 555 | 817 | | neighboring communities; |
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| 556 | 818 | | 3. State special-use trails, which shall be trails designed to |
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| 557 | 819 | | provide for those trail activities which require special trail |
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| 558 | 820 | | definition and will inc lude trails for bicycling, public riding and |
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| 559 | 821 | | motorcycle and minibike activities, as well a s trails designed to |
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| 560 | 822 | | meet the needs of the handicapped persons with disabilities , the |
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| 561 | 823 | | blind and visually impaired p ersons, and the elderly; and |
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| 562 | 824 | | 4. State heritage tra ils, which shall be trails designed to |
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| 563 | 825 | | promote the identification and interpretation of si gnificant |
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| 564 | 826 | | cultural and historic sites throughout the state. |
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| 565 | 827 | | B. The Commission, in accordance with appropriate fede ral, |
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| 566 | 828 | | state and local governmental organizations, sh all establish a |
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| 567 | 829 | | uniform marker for the trails system. |
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| 568 | 830 | | C. In the planning and designation of trails, the Commission |
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| 569 | 831 | | shall give due regard to the interest of fe deral or state agencies, |
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| 570 | 832 | | all political subdivi sions, private land owners, interested |
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| 600 | 886 | | development and maintenance where such ac tivities will not conflict |
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| 601 | 887 | | with the purposes of the Oklahoma Trails System Act . |
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| 602 | 888 | | SECTION 8. AMENDATORY 74 O.S. 2021, Section 3003, as |
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| 603 | 889 | | amended by Section 3, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2022, |
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| 604 | 890 | | Section 3003), is amended to read as follows: |
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| 605 | 891 | | Section 3003. As used in Section 3001 et seq. of this title: |
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| 606 | 892 | | 1. “Blind or visually impaired person” means a person having a |
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| 607 | 893 | | visual acuity not to exceed 20/200 in the bet ter eye, with |
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| 608 | 894 | | correcting lenses, or visual acuity greater than 20/200 but with |
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| 609 | 895 | | limitation in the field of vision such that the widest diameter of |
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| 610 | 896 | | visual field subtends an angle no greater than twenty (20) degrees; |
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| 611 | 897 | | 2. “Council” means the State Use Advisory Council; |
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| 612 | 898 | | 3. “Qualified nonprofit agency for the employment of people |
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| 613 | 899 | | with significant disabil ities” means a nonprofit agency employing |
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| 614 | 900 | | persons with significant disabilities who constitute at least |
|---|
| 615 | 901 | | seventy-five percent (75%) of the direct labor hours engaged in |
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| 616 | 902 | | direct production, manufacturing, processing and/or assembling of |
|---|
| 617 | 903 | | products or services offered by the agency for procurement by this |
|---|
| 618 | 904 | | state or who meet the definition of blind or visually impaired |
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| 619 | 905 | | person as provided for in paragraph 1 of this section, or which is |
|---|
| 620 | 906 | | certified as a sheltered workshop by the Wage and Hour Division of |
|---|
| 621 | 907 | | the United States Department of Labor; |
|---|
| 651 | 961 | | handicap impediment to employment and preventing the person from |
|---|
| 652 | 962 | | engaging in normal competitive employment and /or includes any blind |
|---|
| 653 | 963 | | or visually impaired person; |
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| 654 | 964 | | 5. “Qualified organization” means a blind or visually impaired |
|---|
| 655 | 965 | | person or qualified nonprofit agency for the employment of people |
|---|
| 656 | 966 | | with significant disabilities contracting to supply goods or |
|---|
| 657 | 967 | | services; |
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| 658 | 968 | | 6. “Manufactured” means goods made by manual labor; |
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| 659 | 969 | | 7. “Produced” means to have brought into existence or created |
|---|
| 660 | 970 | | from raw materials; |
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| 661 | 971 | | 8. “Processed” means the action of taking something through an |
|---|
| 662 | 972 | | established and mostly routine set of procedures or steps to |
|---|
| 663 | 973 | | substantially convert a potential product from one form to another. |
|---|
| 664 | 974 | | This action involves a sequence of multiple steps each requiring a |
|---|
| 665 | 975 | | distinct decision-making process to evolve a potential product to |
|---|
| 666 | 976 | | the next step; |
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| 667 | 977 | | 9. “Assemble” means to put or fit together or put together the |
|---|
| 668 | 978 | | parts of a potential product; |
|---|
| 669 | 979 | | 10. “Central nonprofit agency (CNA)” means a qualified 501(c)3 |
|---|
| 670 | 980 | | nonprofit entity meeting the qualifications in the Request for |
|---|
| 671 | 981 | | Procurement (RFP) issued by the Office of Management and Enterprise |
|---|
| 701 | 1035 | | 11. “Procurement schedule” means a designated schedule of |
|---|
| 702 | 1036 | | products and services currently approved by the Office of Management |
|---|
| 703 | 1037 | | and Enterprise Services Central Purchasing Division as suitable to |
|---|
| 704 | 1038 | | procure from qualified organizations particip ating in the State Use |
|---|
| 705 | 1039 | | Program. |
|---|
| 706 | 1040 | | SECTION 9. AMENDATORY 74 O.S. 2021, Section 5010.2, is |
|---|
| 707 | 1041 | | amended to read as follows: |
|---|
| 708 | 1042 | | Section 5010.2. For purposes of this act: |
|---|
| 709 | 1043 | | 1. “Disadvantaged business ” means a business employing less |
|---|
| 710 | 1044 | | than twenty-five persons of which at least fifty-one percent (51%) |
|---|
| 711 | 1045 | | of the outstanding stock is owned, regardless of minority status, by |
|---|
| 712 | 1046 | | a person who is: |
|---|
| 713 | 1047 | | a. by reason of social or economic background unable to |
|---|
| 714 | 1048 | | compete in the free enterprise system due to |
|---|
| 715 | 1049 | | diminished capital and cre dit opportunities of a |
|---|
| 716 | 1050 | | quality or quantity similar to those available to |
|---|
| 717 | 1051 | | others in the same business area who are not |
|---|
| 718 | 1052 | | disadvantaged, and |
|---|
| 719 | 1053 | | b. impeded from normal entry into the economic mainstream |
|---|
| 720 | 1054 | | because of historical practices of discrimination |
|---|
| 721 | 1055 | | based on race, color, religion, ethnic background, |
|---|
| 722 | 1056 | | sex, age, handicap disability, national origin, or |
|---|
| 752 | 1110 | | c. unable to compete effectively because of tendencie s of |
|---|
| 753 | 1111 | | regular financing and commercial organizations to |
|---|
| 754 | 1112 | | restrict their services to established businesses, and |
|---|
| 755 | 1113 | | d. in a state of low income; |
|---|
| 756 | 1114 | | 2. “Low income” means annual income whic h is eighty percent |
|---|
| 757 | 1115 | | (80%) or less of the median annual income of the citizen s of this |
|---|
| 758 | 1116 | | state as reported by the latest estimates of the U.S. Bureau of the |
|---|
| 759 | 1117 | | Census; |
|---|
| 760 | 1118 | | 3. “Minority business” means a business employing less than |
|---|
| 761 | 1119 | | twenty-five persons which is fift y-one percent (51%) owned and |
|---|
| 762 | 1120 | | operated by one or more minority persons; and |
|---|
| 763 | 1121 | | 4. “Minority person” means a citizen of the United States who |
|---|
| 764 | 1122 | | is Black, Hispanic, Oriental Asian, American Indian, Eskimo Alaska |
|---|
| 765 | 1123 | | Native, Aleut, or handicapped a person with a disability . |
|---|
| 766 | 1124 | | SECTION 10. AMENDATORY 74 O.S. 2021, Section 7009, is |
|---|
| 767 | 1125 | | amended to read as follows: |
|---|
| 768 | 1126 | | Section 7009. A. Participation in the State Charitable |
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| 769 | 1127 | | Campaign shall be limited to voluntary, charitable, health and |
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| 770 | 1128 | | welfare agencies that provide or support direct health and welfare |
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| 771 | 1129 | | services to individuals or the ir families and meet the criteria set |
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| 772 | 1130 | | out in this section. The health and welfare services shall be |
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| 773 | 1131 | | available to state employees, unles s they are rendered to needy |
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| 803 | 1185 | | the mentally or physically handicapped children and adults with |
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| 804 | 1186 | | disabilities. The services shall consist of care, research, or |
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| 805 | 1187 | | education in the fields of human health or social adjustment and |
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| 806 | 1188 | | rehabilitation; relief for victims of natural disasters and other |
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| 807 | 1189 | | emergencies; or assistance to those who are impoverished and, |
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| 808 | 1190 | | therefore, in need of food, shelter, clothing, and basic human |
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| 809 | 1191 | | welfare services. |
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| 810 | 1192 | | B. For the purposes of the State Charitable Campaign, basic |
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| 811 | 1193 | | human welfare service shall not include: |
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| 812 | 1194 | | 1. Organizations whose primary purpose is the direct or |
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| 813 | 1195 | | indirect support of institutions of higher education; |
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| 814 | 1196 | | 2. Lobbying; and |
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| 815 | 1197 | | 3. Religious activities. |
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| 816 | 1198 | | C. To be included in the State Charitable Campaign, a voluntary |
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| 817 | 1199 | | charitable agency, in addition to meeting the other requirements set |
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| 818 | 1200 | | forth in this section, shall: |
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| 819 | 1201 | | 1. Be a nonprofit, tax -exempt charitable organization and |
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| 820 | 1202 | | submit to the participating federation a 501(c)(3) exemption from |
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| 821 | 1203 | | the Internal Revenue Service; |
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| 822 | 1204 | | 2. Be incorporated or authorized to do business in t his state |
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| 823 | 1205 | | as a private, nonprofit organization; |
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| 853 | 1259 | | 4. Submit to the participating federation an audit of the |
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| 854 | 1260 | | agency, conducted by an accounting firm or indi vidual holding a |
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| 855 | 1261 | | permit to practice public accounting in this state according to the |
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| 856 | 1262 | | generally accepted standards of accounting for nonprofit |
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| 857 | 1263 | | organizations; and |
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| 858 | 1264 | | 5. Submit to the participating federation a copy of the annual |
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| 859 | 1265 | | form 990. |
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| 860 | 1266 | | D. Applications to t he State Charitable Campaign shall be |
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| 861 | 1267 | | submitted to the Oversight Committee for State Employee Charitable |
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| 862 | 1268 | | Contributions from local federations which shall include United |
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| 863 | 1269 | | Ways, United Funds, Combined Health Appeals, International Social |
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| 864 | 1270 | | Service Agencies and any other local federation consisting of at |
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| 865 | 1271 | | least five local agencies which meet the requirements of this |
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| 866 | 1272 | | section. Each federation shall certify the application for its |
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| 867 | 1273 | | member agencies and shall give stat e charitable agencies precedence |
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| 868 | 1274 | | over national agencies if both qualify for the charitable |
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| 869 | 1275 | | contribution campaign. Applications from ind ividual agencies shall |
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| 870 | 1276 | | not be accepted. |
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| 871 | 1277 | | SECTION 11. This act shall become effective November 1, 2023. |
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