Oklahoma 2024 Regular Session

Oklahoma House Bill HB2376 Compare Versions

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29		-	SENATE FLOOR VERSION
30		-	April 12, 2023
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 59th Legislature (2023)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 2376 By: Kannady of the House
	34	+	HOUSE BILL 2376 By: Kannady of the House
36	35
37	36		and
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39	38		Hall of the Senate
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45	46		[ state government - Oklahoma Personnel Act -
46	47		payments - limits - leave – conditions - repealer -
47	48		effective date -
48	49		emergency ]
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53	54		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
54	55		SECTION 1. AMENDATORY 74 O.S. 2021, Section 840-2.18, as
55	56		amended by Section 14, Ch apter 243, O.S.L. 2022 (74 O.S. Supp. 2022,
56	57		Section 840-2.18), is amended to read as follows:
57	58		Section 840-2.18 A. A longevity pay plan is hereby adopted .
58	59		This plan applies to all state employees, excluding members of
59	60		boards and commissions, institutions under the administrative
60	61		authority of the Oklahoma State Regents for Higher Education,
61	62		employees of public school dist ricts, and elected o fficials. The
62	63		plan shall also apply to those employees of the Oklahoma School for
63	64		the Blind and the Oklahoma School for the Deaf who qualify for
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91	91		longevity pay in accordance with subsection G of Section 1419 of
92	92		Title 10 of the Oklahoma Statutes.
93	93		B. The Oklahoma Conservation Commission is hereby authorized to
94	94		establish a longevity pay program for employees of the conservation
95	95		districts employed under Section 3-3-103 of Title 27A of the
96	96		Oklahoma Statutes. Such longevity pay program shall be consistent
97	97		with the longevity pay program for state employees authorized under
98	98		this title and payments shall be made in a manner consistent with
99	99		procedures for reimbursement to conservation districts.
100	100		C. To be eligible for longevity pay, employees mus t have been
101	101		continuously employed in the service of the state for a minimum of
102	102		two (2) years in full-time status or in part-time status working
103	103		more than one thousand (1,000) hours a year.
104	104		For purposes of this section, a break in service of thirty ( 30)
105	105		calendar days or less shall not be considered an interruption of
106	106		continuous service; a break in service of more than thirty (30)
107	107		calendar days shall mark an end to continuous service. The
108	108		legislative session employees who have worked for two (2) years or
109	109		more in part-time status and are eligible for state retirement
110	110		benefits, but do not receive other longevity payments, shall be
111	111		eligible and shall be considered to have been continuously employed
112	112		for purposes of calculating longevity payments, notwithst anding the
113	113		provisions of subsection E of this section.
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141	140		D. 1. Longevity pay for the first twenty (20) years of service
142	141		shall be determined pursuant to the following schedule:
143	142		Years of Service Annual Longevity Payment
144	143		At least 2 years but
145	144		less than 4 years $250.00
146	145		At least 4 years but
147	146		less than 6 years $426.00
148	147		At least 6 years but
149	148		less than 8 years $626.00
150	149		At least 8 years but
151	150		less than 10 years $850.00
152	151		At least 10 years but
153	152		less than 12 years $1,062.00
154	153		At least 12 years but
155	154		less than 14 years $1,250.00
156	155		At least 14 years but
157	156		less than 16 years $1,500.00
158	157		At least 16 years but
159	158		less than 18 years $1,688.00
160	159		At least 18 years but
161	160		less than 20 years $1,900.00
162	161		At least 20 years $2,000.00
163	162		2. For each additional two (2) years of service after the first
164	163		twenty (20) years an additional Two Hundred Dollars ($200.00) shall
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192	190		be added to the amount stated above for twenty (20) years of
193	191		service.
194	192		The total amount of the annual longevity payment made to an
195	193		employee by any and all state agencies in any year shall not exceed
196	194		the amount shown on the table corresponding to that employee’s years
197	195		of service with the state, except as otherwise provided by Section
198	196		840-2.28 of this title. Further, no employee shall receive
199	197		duplicating longevity payments for the same periods of service with
200	198		any and all agencies, except as otherwise provided by Section 840-
201	199		2.28 of this title.
202	200		E. To determine years of service, cumulativ e periods of full-
203	201		time employment or part-time employment working more than one
204	202		hundred fifty (150) hours per month with the state excluding service
205	203		as specified in subsection A of this section are applicab le. Part-
206	204		time employment, working one hundred fif ty (150) hours per month or
207	205		less for the state, excluding service as specif ied in subsection A
208	206		of this section, shall be counted only if:
209	207		1. The period of employment was continuous for at least five
210	208		(5) months; and
211	209		2. a. The person worked more than two-fifths (2/5) time.
212	210		Other employment shall not be counted as service for
213	211		purposes of longevity payments. Further, no period of
214	212		employment with the state, whether with one or more
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242	239		than one agency, shall be count ed as more than full-
243	240		time service.
244	241		b. For the purposes of computation required by this
245	242		section, any service performed by a person d uring
246	243		which the person received compensation for duties
247	244		performed for the state shall be counted if payment
248	245		for such service was made using state fiscal
249	246		resources. The prov isions of this subparagraph shall
250	247		not apply to elected or appointed justices or jud ges,
251	248		including special judges, who perform service in the
252	249		trial or appellate courts. The provisions of this
253	250		section shall apply to persons who perform services as
254	251		an administrative law judge within the executive
255	252		department and employees of the judicial br anch.
256	253		F. Years of service under the administrative authority of the
257	254		Oklahoma State Regents for Higher E ducation or the administrative
258	255		authority of the Oklahoma Department of Career and Technology
259	256		Education of any employee who is now em ployed in a job
260	257		classification which is eligible for longevity pay shall be included
261	258		in years of service for purposes of det ermining longevity pay.
262	259		G. Years of service shall be certified through the current
263	260		employing agency by the appointing authority on a form approved by
264	261		the Office of Management and En terprise Services. The form shall be
265	262		completed and posted as directed by the Director of the Office of
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293	289		Management and Enterprise Services by the current employing agency
294	290		when the employee initially enters on duty with the agency and
295	291		thereafter whenever th e employee’s anniversary date is changed.
296	292		H. Eligible employees, in full -time status or in part-time
297	293		status working more than one hundred fifty (150) hours per month,
298	294		shall receive one (1) lump-sum annual payment, in the amount
299	295		provided on the preceding s chedule, during the month following the
300	296		anniversary date of the employee ’s most recent enter-on-duty day
301	297		with the state. Upon implementation of the statewide information
302	298		systems project, the lump-sum annual payment may be paid concurrent
303	299		with the final payroll of the month of the employee’s anniversary
304	300		date. Eligible part-time employees who work one hundred fifty (150)
305	301		hours per month or less shall receive one (1) lump-sum annual
306	302		payment, based on the form ula in subsection L of this section,
307	303		during the month following the anniversary date of the employee’s
308	304		most recent enter-on-duty day with the state. To receive longevity
309	305		pay an employee must be in pay status on or after his or her
310	306		anniversary date.
311	307		Eligible employees who would not otherwise receive annua l
312	308		longevity payments because their employment includes regular periods
313	309		of leave without pay in excess of thirty (30) calendar days shall
314	310		receive one (1) lump-sum annual payment, based on the formula in
315	311		subsection L of this section, during:
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343	338		1. The month of August if the employee is in pay status on July
344	339		1; or
345	340		2. During the month following the employee’s first return to
346	341		duty that fiscal year if the employee is not in pay status on July
347	342		1.
348	343		Except as otherwise provided by Section 840-2.28 of this title,
349	344		employees terminated as a result of a re duction-in-force or retiring
350	345		from state employment shall receive upon said termination or
351	346		retirement the proportionate share of any longevity pay ment which
352	347		may have accrued as of the date of termination or retirement.
353	348		Provided further, that, the proportionate share of any longevity
354	349		payment which may have accrued as of the date of death of an
355	350		employee shall be made to the surviving spouse of the emp loyee or if
356	351		there is no surviving spouse to the estate of the employee.
357	352		I. Periods of leave without pay taken in accordance with
358	353		Section 840-2.21 of this title shall be counted as service. Other
359	354		periods of nonpaid leave status in excess of thirty (30) ca lendar
360	355		days shall not mark a break in service; however, they shall:
361	356		1. Not be used in calculating total months of service for
362	357		longevity pay purposes; and
363	358		2. Extend the anniversary date for longevity pay by the total
364	359		period of time on nonpaid leave status except as provided in
365	360		subsection H of this section for employees whose conditions of
366	361		employment include regula r periods of leave without pay.
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394	388		J. Employees currently receiving longevity pay who work for the
395	389		judicial branch of state government or who work for the Oklahoma
396	390		Department of Career and Technology Education shall not be eligible
397	391		for the longevity pay plan provided for in this section.
398	392		K. A break in service with the state in excess of thirty (30)
399	393		days but which does not exceed two (2) years which was caused by a
400	394		reduction-in-force shall be treated as if it were a period of
401	395		nonpaid leave status as provided for in subsection I of this section
402	396		for the purpose of calculating total months of service for longevity
403	397		pay. This subsection shall only apply t o state employees laid off
404	398		after June 30, 1982.
405	399		L. Eligible part-time employees working less than one hundred
406	400		fifty (150) hours per month and other eligible employees with
407	401		regular annual periods of leave without pay of more than thirty (30)
408	402		calendar days will receive a prorated share of the “Annual Longevity
409	403		Payment” authorized in subsection D of this section . The prorated
410	404		amount of payment will be based on actual hours worked in the
411	405		immediately preceding twelve (12) months.
412	406		M. An employee shall not be e ntitled to retroactive longevity
413	407		payments as a result of amendments to this section unless
414	408		specifically authori zed by law.
415	409		N. The Director of the Office of Management and Enterprise
416	410		Services is authorized to promulgate such Longevity Pay Plan Rules
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444	437		as he or she finds necessary to carry out the provisions of this
445	438		section.
446	439		O. As of July 1, 1998, years of service wi th a city-county
447	440		health department for employees who left a city-county health
448	441		department for employment with the Department of Environmental
449	442		Quality or the Oklahoma Department of Agriculture, Food, and
450	443		Forestry, between July 1, 1993, and July 1, 1998, and who are now
451	444		employed in a job classification that is eligible for longevity pay
452	445		pursuant to this section, shall be included in years of service for
453	446		purposes of determining longevity pay subsequent to July 1, 1998.
454	447		P. As of July 1, 2003, years of service with a local
455	448		conservation district shall be included in years of service for
456	449		purposes of determining longevity pay for local conservation
457	450		district employees transferred to the Oklahoma Conservation
458	451		Commission pursuant to the provisions of this section.
459	452		SECTION 2. AMENDATORY 74 O.S. 2021, Section 840-2.20, as
460	453		amended by Section 16, Chapt er 243, O.S.L. 2022 (74 O.S. Supp. 20 22,
461	454		Section 840-2.20), is amended to read as follows:
462	455		Section 840-2.20 A. The Director of the Office of Management
463	456		and Enterprise Services shall promulgate such emergency and
464	457		permanent rules regarding leave and holiday leave as are necessary
465	458		to assist the state and its agencies.
466	459
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493	485		The Director of the Office of Management and Enterprise
494	486		Services, in adopting new rules, amendin g rules and repealing rules,
495	487		shall ensure that the following provisions are incorporated:
496	488		1. Eligible employees who enter on duty or who are reinstated
497	489		after a break in service shall receive leave benefits in accordance
498	490		with the schedule outlined below . Leave shall be accrued based upon
499	491		hours worked, paid leave, and holidays, but excluding overtime, not
500	492		to exceed the total possible work hours for the pay period. Years
501	493		of service shall be based on cumulative periods of employment
502	494		calculated in the manner that cumulative service is determined for
503	495		longevity purposes pursuant to Section 840-2.18 of this title.
504	496		Employees may accumulate more than the maximum annual leave
505	497		accumulation limits shown in the schedule below provided that such
506	498		excess is used during t he same calendar year in which it accrues or
507	499		within twelve (12) months of the date on which it accrues, at the
508	500		discretion of the appointing authority. If an employee whose job
509	501		duties include providing fire protection services, law enforcement
510	502		services or services with the Department of Corrections is unable to
511	503		use excess leave as provided for in this paragraph because the
512	504		employee’s request for leave is denied by the employee’s appointing
513	505		authority and the denial of leave is due to extraordinary
514	506		circumstances such that taking leave could pose a threat to public
515	507		safety, health or welfare, the employee shall receive compensation
516	508		at the employee’s regular rate of pay for the amount of excess leave
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544	535		the employee is unable to use. Such compensation shall be paid at
545	536		the end of the time period during which the excess leave was
546	537		required to have been used;
547	538		2. From November 1, 2001 On and after the effective date of
548	539		this act, the following accrual rates and accumulation limits apply
549	540		to eligible employees as follows:
550	541		ACCRUAL RATES ACCUMULATION
551	542		LIMITS
552	543		Cumulative
553	544		Years of Annual Sick Annual
554	545		Service Leave Leave Leave
555	546		Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days
556	547		5-10 yrs = 18 day/yr 15 days/yr 60 80 days
557	548		10-20 yrs = 20 day/yr 15 days/yr 60 80 days
558	549		over 20 yrs = 25 day/yr 15 days/yr 60 80 days
559	550		Following an emergency declaration as described in Section 683.8
560	551		of Title 63 of the Oklahoma Statutes, the accumulation limits for
561	552		annual leave shall temporarily increase and shall carryover to the
562	553		end of the fiscal year following the year in which the emergency
563	554		declaration ended.
564	555		All annual leave that accrued or expired during the period of
565	556		the emergency declarations issued by the Governor in 2020 and 2021
566	557		in response to the novel coronavirus (COVID-19) shall carry over to
567	558		the end of the fiscal year following the year in which the emergency
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595	585		declaration ended regardless of regulatory provisions that establish
596	586		a maximum amount of annual leave that may be accumulated by an
597	587		employee of the State of Oklahoma this state. Expired annual leave
598	588		governed by this subsection shall be reinstated as of the effective
599	589		date of this act May 7, 2021, and accumulation limits for annual
600	590		leave shall not apply to amounts accrued or reinstated pursuant to
601	591		this subsection. Eligibility for reinstatement of annual leave is
602	592		limited to employees currently employed by the State of Oklahoma
603	593		this state on the effective date of this act May 7, 2021;
604	594		3. Temporary employees and other limited term employees are
605	595		ineligible to accrue, use, or be paid for sick leave and annual
606	596		leave. Such employees shall be eligible for paid holiday leave at
607	597		the discretion of the appointing authority;
608	598		4. Except as provided in paragraph 2 of this subsection,
609	599		employees shall not be entitled to retroactive accumulation of leave
610	600		as a result of amendments to this section;
611	601		5. The Director of the Office of Management and Enterprise
612	602		Services shall assist agencies in developing policies to prevent
613	603		violence in state government workplaces without abridging the rights
614	604		of state employees. Such policies shall include a paid
615	605		administrative leave provision as a cooling-off period which the
616	606		Director of the Office of Management and Enterprise Services is
617	607		authorized to provide pursuant to the Administrative Procedures Act.
618	608
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644	633
645	634		Such leave shall not be charged to annual or sick leave
646	635		accumulations;
647	636		6. State employees who terminated their employment in the state
648	637		service on or after October 1, 1992, may be eligible to have sick
649	638		leave accrued at the time of termination of employment restored if
650	639		they return to state employment provided that the state employees’
651	640		enter-on-duty dates for reemployment occur on or before two (2)
652	641		years after their termination of employment and they are eligible to
653	642		accrue sick leave before the two (2) years expire;
654	643		7. Employees who are volunteer firefighters pursuant to the
655	644		Oklahoma Volunteer Firefighters Act and who are called to fight a
656	645		fire shall not have to use any accrued leave or need to make up any
657	646		time due to the performance of their volunteer firefighter duties;
658	647		8. Employees who are reserve municipal police officers pursuant
659	648		to Section 34-101 of Title 11 of the Oklahoma Statutes and who miss
660	649		work in performing their duties in cases of emergency shall not have
661	650		to use any accrued leave or need to make up any time due to the
662	651		performance of their reserve municipal police officer duties; and
663	652		9. Employees who are reserve deputy sheriffs pursuant to
664	653		Section 547 of Title 19 of the Oklahoma Statutes and who miss work
665	654		in performing their duties in case of emergency shall not have to
666	655		use any accrued leave or need to make up any time due to the
667	656		performance of their reserve deputy sheriff duties; and
668	657
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672	660		3
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675	663		6
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689	677		20
690	678		21
691	679		22
692	680		23
693	681		24
694	682
695	683		10. For the purposes of computation required by this section,
696	684		any service performed by a person during wh ich the person received
697	685		compensation for duties performed for the state shall be counted if
698	686		payment for such service was made using state fiscal resources. The
699	687		provisions of this subparagraph shall not apply to elected or
700	688		appointed justices or judges, inc luding special judges, who perform
701	689		service in the trial or appellate courts. The provisions of this
702	690		section shall apply to p ersons who perform services as an
703	691		administrative law judge within the executive department and
704	692		employees of the judicial branch.
705	693		B. Nothing in law is intended to prevent or discourage an
706	694		appointing authority from discipli ning or terminating an employee
707	695		due to abuse of leave benefits or absenteeism. Appointing
708	696		authorities are encouraged to consider attendance of employees in
709	697		making decisions regarding promotions, pay increases, and
710	698		discipline.
711	699		C. Upon the transfer of a f unction in state government to an
712	700		entity outside state government, employees may, with the agreement
713	701		of the outside entity, waive any payment for leave accumulations to
714	702		which the employee is entitled and authorize the transfer of the
715	703		leave accumulations or a portion thereof to the outside entity.
716	704		D. All permanent employees of the state shal l be eligible to
717	705		carry over a maximum of six hundred forty (640) hours of an nual
718	706		leave each year. Additionally, all employees shall be paid up to a
719	707
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743	730		23
744	731		24
745	732
746	733		maximum of six hundred forty (640) hours of annual leav e upon
747	734		separation from state service.
748	735		E. Any employee, including employees of the state, who makes an
749	736		agreement with an employer, including the state, whether in writing
750	737		or verbally, not to compete with the employer after the employment
751	738		relationship has been terminated, shall be permitted to engage in
752	739		the same business as that conducted by the former employer, or in a
753	740		similar business as that conducted by the former employer as long as
754	741		the former employee does not direct ly or indirectly, actively or
755	742		inactively, solicit the sale of good s, services, or a com bination of
756	743		goods and services from the customers of the former employer or
757	744		independent contractors of the former employer. Any provision in a
758	745		contract between an employer and an employee in conflict with the
759	746		provisions of this sectio n shall be void and unenforceable.
760	747		SECTION 3. REPEALER 15 O.S. 2021, Section 219A, is
761	748		hereby repealed.
762	749		SECTION 4. This act shall become effective July 1, 2023.
763	750		SECTION 5. It being immediately necessary for the pres ervation
764	751		of the public peace, health or safety, an emergency is hereby
765	752		declared to exist, by reason whereof this act shall take effec t and
766	753		be in full force from and after its passage and approval .
767		-	~~COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS~~
768		-	~~April~~ 12, 2023 ~~- DO PASS AS AMENDED BY CS~~
	754	+
	755	+	59-1-2107 RD 4/12/2023 3:30:15 PM