Oklahoma 2024 Regular Session

Oklahoma House Bill HB3573 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 3573 Page 1 1
	3	+	HB3573 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3573 By: Pae, Miller, Talley, Menz,
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 3573 By: Pae, Miller, Talley, Menz,
30	38		Schreiber, Kendrix, McCall,
31	39		Alonso-Sandoval,
32		-	Provenzano, May, Ranson,
33		-	Roberts, Munson, and Deck
34		-	of the House
	40	+	Provenzano, and May of the
	41	+	House
35	42
36	43		and
37	44
38	45		Stephens of the Senate
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40	47
	48	+
	49	+	COMMITTEE SUBSTITUTE
41	50
42	51		[ cancer screening - Fighting Chance for Firefight ers
43	52		Act - insurance coverage – members - exclusions -
44	53		political subdivisions – agencies – trusts -
45	54		departments - Office of Management and Enterprise
46	55		Services – codification - effective date ]
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51	60		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
52	61		SECTION 1. NEW LAW A new section of law to be codified
53	62		in the Oklahoma Statutes as Section 6060.8b of Title 36, unless
54	63		there is created a duplication in numbering, reads as follows:
55	64		This act shall be known and may be cited as the "Fighting Chance
56	65		for Firefighters Act ".
57		-	SECTION 2. NEW LAW A new section of law to be codified
58		-	in the Oklahoma Statutes as Section 6060.8c of Title 36, unless
59		-	there is created a duplication in numbering, reads as follows:
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61		-	ENGR. H. B. NO. 3573 Page 2 1
	67	+	HB3573 HFLR Page 2
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	93	+	SECTION 2. NEW LAW A new section of law to be codified
	94	+	in the Oklahoma Statutes as Section 6060.8c of Title 36, unless
	95	+	there is created a duplication in numbering, reads as follows:
86	96		Cancer centers in th e State of Oklahoma may carry out t he
87	97		purposes and functions of the Fighting Chance for Firefighters Act
88	98		to cover the costs of occupational cancer screenings.
89	99		SECTION 3. NEW LAW A new section of law to be codi fied
90	100		in the Oklahoma Statutes as Section 2357.501 of Title 68, unless
91	101		there is created a duplication in numbering, reads as follows:
92	102		A. As used in this section:
93		-	1. "Cancer" means, but is not limited to, lung cancer, prostate
	103	+	1. "Cancer" means, but is not limited to lung cancer, prostate
94	104		cancer, testicular cancer, skin cancer, colon cancer, breast cancer
95	105		or any other form of cancer which is ge nerally recognized as having
96	106		a higher risk of occurrence in a person who performs firefighting
97	107		services;
98	108		2. "Firefighter" means a person trained or certified as skilled
99	109		in the prevention and control of fires in residential and commercial
100	110		structures and naturally occurring fires commonly known as
101	111		wildfires; and
102	112		3. "Unreimbursed cost" means an expense which is not covered or
103	113		not fully covered under a health insurance policy and fo r which a
104	114		taxpayer expends money and is not able to recov er the expenditure.
105	115		B. For taxable years beginning on or after January 1, 2025,
106	116		there shall be allowed as a credit against the tax imposed pursuant
107		-	to Section 2355 of Title 68 of the Oklahoma Statutes equal to the
108		-	amount of unreimbursed e xpense, subject to a maxim um amount of Two
109		-	Hundred Fifty Dollars ($ 250.00) per taxable year, incurred by a
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111		-	ENGR. H. B. NO. 3573 Page 3 1
	118	+	HB3573 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
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	144	+	to Section 2355 of Title 68 of the Oklahoma Statutes equal to the
	145	+	amount of unreimbursed e xpense, subject to a maxim um amount of Two
	146	+	Hundred Fifty Dollars ($ 250.00) per taxable year, incurred by a
136	147		firefighter for the cost of medical procedures to detect any form of
137	148		cancer.
138	149		C. The credit authorized by this section shall not be used to
139	150		reduce the income tax liability of the taxpayer to les s than zero
140	151		(0).
141		-	D. The credit authorized by this s ection, to the extent not
142		-	~~used,~~ may be carried over, in o rder, to each of the five (5)
143		-	~~subsequent~~ income tax years.
	152	+	D. The credit authorized by this s ection to the extent not used
	153	+	may be carried over, in o rder, to each of the five (5) subsequent
	154	+	income tax years.
144	155		E. For the tax year beginning Jan uary 1, 2025, and each tax
145	156		year thereafter, the total am ount of credits authorized by this
146	157		section used to offset tax sha ll be adjusted annually to limit the
147	158		annual amount of credits to One Million Five Hundred Thousand
148	159		Dollars ($1,500,000.00). The Oklahoma Tax Commission shall annually
149	160		calculate and publish by the first day of the affected year a
150	161		percentage by which the cr edits authorized by this section shall be
151	162		reduced so the total amount of credit s used to offset tax does not
152	163		exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) per
153	164		year. The formula to be used for the percentage adjustment shall be
154	165		One Million Five Hundred Thousand Dollars ($1,500,000.00) divided by
155	166		the credits claimed in the second preceding year.
156		-	F. In the event the total tax credit s authorized by this
157		-	section exceed One Million Five Hundred Thousand Dollars
158		-	($1,500,000.00) in any calendar year, the Tax Commission shall
159		-	permit any excess over One Million Five Hundred Thousand Dollars
160	167
161		-	ENGR. H. B. NO. 3573 Page 4 1
	168	+	HB3573 HFLR Page 4
	169	+	BOLD FACE denotes Committee Amendments. 1
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	194	+	F. In the event the total tax credit s authorized by this
	195	+	section exceed One Million Five Hundred Thousand Dollars
	196	+	($1,500,000.00) in any calendar year, the Tax Commission shall
	197	+	permit any excess over One Million Five Hundred Thousand Dollars
186	198		($1,500,000.00) but shall factor such excess into the percentage
187	199		adjustment formula for subseq uent years.
188	200		SECTION 4. AMENDATORY 74 O.S. 2021, Section 1315, is
189	201		amended to read as follows:
190	202		Section 1315. A. Upon application in writing and subject to
191	203		any underwriting criteria that may be established by the Office of
192	204		Management and Enterprise Services, the Office may extend the
193	205		benefits of the Oklahoma Employees Insurance and Benefits Pl ans to
194	206		employees who are employed in positions requiring actual performance
195	207		of duty during not less than one thousand (1,000) hours per year and
196	208		to all full-time employees of:
197	209		1. Any of the following groups w hich participate in the
198	210		Oklahoma Public Employe es Retirement System:
199	211		a. county,
200	212		b. city,
201	213		c. town,
202	214		d. public trust for which the state is the primary
203	215		beneficiary, or
204	216		e. conservation districts; and
205	217		2. Any of the following groups:
206		-	a. county hospital,
207		-	b. rural water district, including employees and board
208		-	members,
209		-	c. sewer district,
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211		-	ENGR. H. B. NO. 3573 Page 5 1
	219	+	HB3573 HFLR Page 5
	220	+	BOLD FACE denotes Committee Amendments. 1
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	245	+	a. county hospital,
	246	+	b. rural water district, including employees and board
	247	+	members,
	248	+	c. sewer district,
236	249		d. gas district,
237	250		e. solid waste management district,
238	251		f. nonprofit water corporation employees and board
239	252		members,
240	253		g. conservancy district or master conservancy district
241	254		authorized by the provisions of Section 541 of Title
242	255		82 of the Oklahoma Statutes,
243	256		h. voluntary organization of Oklahoma local government
244	257		jurisdictions listed in Section 2003 of Title 62 of
245	258		the Oklahoma Statutes including any council created by
246	259		the voluntary organizati ons,
247	260		i. voluntary association designated to adm inister the
248	261		County Government Cou ncil as authorized in Section 7
249	262		of Title 19 of the Oklahoma Statutes,
250	263		j. statewide nonprofit entities representing employees of
251	264		the state or employees of local political subdiv isions
252	265		who are eligible for insurance benefits authorized by
253	266		the provisions of the Oklahoma Employees Insurance and
254	267		Benefits Act, or
255		-	k. statewide nonprofit entities receiving state f unds to
256		-	provide no cost legal services to low income and
257		-	senior citizens,
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259		-	ENGR. H. B. NO. 3573 Page 6 1
	269	+	HB3573 HFLR Page 6
	270	+	BOLD FACE denotes Committee Amendments. 1
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	295	+	k. statewide nonprofit entities receiving state f unds to
	296	+	provide no cost legal services to low income and
	297	+	senior citizens,
284	298		l. municipal fire departments organized pur suant to
285	299		Section 29-101 et seq. of Title 11 of the Oklahoma
286	300		Statutes, or
287	301		m. county fire departments organized pursuant to Section
288	302		351 of Title 19 of the Oklahoma Statutes.
289	303		B. Applications to participate in the Ok lahoma Employees
290	304		Insurance and Benefits Plans shall be approved by major ity action of
291	305		the governing body of the groups listed in subsection A of this
292	306		section.
293	307		C. Groups listed in subsection A of this section participating
294	308		in the Oklahoma Employees Insuran ce and Benefits Plans shall pay all
295	309		costs attributable to their particip ation. The benefits of said
296	310		plans for a participant provided coverag e pursuant to this section
297	311		shall be the same and s hall include the same plan options as would
298	312		be made available to a state employee participating in the p lan that
299	313		resided at the same loca tion. The premium for participating groups
300	314		listed in subsection A of this section shall be the same as paid by
301	315		state and education employees.
302	316		D. Participating groups listed in subsec tion A of this section
303	317		shall not be required to offer dental insurance a s defined in
304	318		paragraph 11 of Section 1303 of this title, or other ins urance as
305		-	defined in paragraph 12 of Section 1303 of this title. However, if
306		-	dental insurance or any other insuran ce is offered, it must be
307		-	provided to all eligible employees. If an emp loyee retires and
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309		-	ENGR. H. B. NO. 3573 Page 7 1
	320	+	HB3573 HFLR Page 7
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	346	+	defined in paragraph 12 of Section 1303 of this title. However, if
	347	+	dental insurance or any other insuran ce is offered, it must be
	348	+	provided to all eligible employees. If an emp loyee retires and
334	349		begins to receive benefits from the Oklahoma Public Employees
335	350		Retirement System or terminates service and has a vested benefit
336	351		with the Oklahoma Public Employees Reti rement System, the employee
337	352		may elect, in the manner provided in Section 1316.2 of this title,
338	353		to participate in the dental insurance plan of fered through the
339	354		Oklahoma Employees Insurance and Benefits Act within thirty (30)
340	355		days from the date of terminatio n of employment. The employee shall
341	356		pay the full cost of the dental ins urance.
342	357		E. 1. Any employee of a group listed in subsection A of thi s
343	358		section who retires or who has a vested benefit pursuant to the
344	359		Oklahoma Public Employees Retirement System may b egin the health
345	360		insurance coverage if t he employer of the employee is no t a
346	361		participant of the Oklahoma Employees Insurance and Benefits Act and
347	362		does not offer health insurance to its employe es. Such election by
348	363		the employee to begin coverage shall be mad e within thirty (30) days
349	364		from the date of termination of service.
350	365		2. Any employee of a group listed in subsection A of this
351	366		section who retires or who has a vested benefit pursuant to the
352	367		Oklahoma Public Employees Retirement System may begin or continue
353	368		the health insurance coverage if the em ployer of the employee is a
354	369		participant of the Oklahoma Employees Insurance and Benefits Act and
355		-	the election to begin or continue coverage is made with in thirty
356		-	(30) days from the date of termination of service.
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358		-	ENGR. H. B. NO. 3573 Page 8 1
	371	+	HB3573 HFLR Page 8
	372	+	BOLD FACE denotes Committee Amendments. 1
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	397	+	the election to begin or continue coverage is made with in thirty
	398	+	(30) days from the date of termination of service.
383	399		F. Any county, city, town, county hospital , public trust,
384	400		conservation district, or rural water, sewer, gas or solid waste
385	401		management district, or nonprofit water corporation, any of which of
386	402		the aforementioned groups is not a participating employer in the
387	403		Oklahoma Public Employees Retirement Syst em, but which has employees
388	404		who are participating in the health, dental or life insurance plans
389	405		offered by or through the Oklahoma Employees Insurance a nd Benefits
390	406		Act on July 1, 1997, may continue to allow its curren t and future
391	407		employees to participate i n such health, dental or life ins urance
392	408		plans. Participation of such employees may also continue foll owing
393	409		termination of employment if the employee ha s completed at least
394	410		eight (8) years of service with a participat ing employer and such an
395	411		election to continue in force is made within th irty (30) days
396	412		following termination of employment. Any retiree or t erminated
397	413		employee electing coverage pursuant to t his section shall pay the
398	414		full cost of the insurance.
399	415		G. An employee of a group listed in paragraph 2 o f subsection A
400	416		of this section may continue in force health, dental and life
401	417		insurance coverage follow ing termination of employment if the
402	418		employee has a minimum of eight (8) years of service with a
403	419		participating employer and the election to continue in fo rce is made
404		-	within thirty (30) ca lendar days following termination of
405		-	employment.
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	422	+	BOLD FACE denotes Committee Amendments. 1
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	447	+	within thirty (30) ca lendar days following termination of
	448	+	employment.
432	449		H. Notwithstanding other provisions in this section, an
433	450		employer listed in subsection A of this section may cease to
434	451		participate in the Oklahoma Employees Insurance and Bene fits Act but
435	452		provide health insur ance coverage for its current and former
436	453		employees through another in surance carrier. The subsequent carrier
437	454		shall be responsible for providing coverage to the entity's
438	455		employees who terminated employment with a retirement benefit, with
439	456		a vested benefit, or who have eight (8) or more years of service
440	457		with a participating e mployer but did not have a vested benefit
441	458		through the Oklahoma Public Employees Retirement System, if the
442	459		election to retain health insurance coverage was made within thirty
443	460		(30) days of termination of employment. Coverage shall also be
444	461		provided to the eligible dependents of the employees if an election
445	462		to retain coverage is made within thirty (30) days of termination of
446	463		employment. Employees who terminat e employment from an employer
447	464		covered by this paragraph before December 31, 2001, and elect
448	465		coverage under the Oklahoma Employees Insurance and Benefits Act,
449	466		shall not be required to change insurance carriers in the e vent that
450	467		the employer changes its insu rance carrier to a subsequent car rier.
451	468		The provisions of this subsection shall become effective Janua ry 1,
452	469		2002.
453		-	I. Employers pursuant to subsection A of this section who
454		-	participate in the Oklahoma Public Employees Retirement System and
455		-	who offer health insurance coverage to their acti ve employees, shall
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	472	+	BOLD FACE denotes Committee Amendments. 1
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	497	+	I. Employers pursuant to subsection A of this section who
	498	+	participate in the Oklahoma Public Employees Retirement System and
	499	+	who offer health insurance coverage to their acti ve employees, shall
482	500		offer health insurance coverage to those employee s who retire from
483	501		the employer and also to those e mployees who terminate employment
484	502		and are eligible to elect a ves ted benefit in the System. Such
485	503		employers shall begin offering coverage to such employees on or
486	504		before January 1, 2004. Such employees who wish to continue
487	505		coverage shall make an election t o retain health insurance coverage
488	506		within thirty (30) days of ter mination of employment. However,
489	507		former employees of such employers who have already retired or who
490	508		have terminated and are eligible to elec t a vested benefit under the
491	509		Oklahoma Public Emplo yees Retirement System, during the period
492	510		beginning January 1, 20 02, and ending December 31, 2003, may m ake an
493	511		election to begin particip ation in the plans offered by the Office
494	512		on or before December 31, 20 03, in the same manner as other
495	513		participating retired or vested members. The employer, assisted by
496	514		the Oklahoma Public Employees Retirement System shall notify by
497	515		October 1, 2003, all me mbers who have either retired from the System
498	516		or who are eligible to elect a vested benefit in the System between
499	517		January 1, 2002, through December 31, 2003, and who were employed by
500	518		an employer listed in subsection A of th is section of the member's
501	519		potential eligibility to participate in such plans. Each employer
502	520		shall notify the Oklahoma Public Employees Retirement Syst em when an
503		-	employee is retiring and makes the election pursuant t o this
504		-	subsection to continue coverage under a plan offered by such
505		-	employer and when an employee terminates employment and is eligible
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	548	+	employee is retiring and makes the election pursuant t o this
	549	+	subsection to continue coverage under a plan offered by such
	550	+	employer and when an employee terminates employment and is eligible
532	551		to elect a vested benefit in the System and such employ ee elects to
533	552		continue coverage under a plan offered by such emplo yer. Such
534	553		employer shall also notify t he Oklahoma Public Employees Reti rement
535	554		System if a retired employee or an employee who is eligible to elect
536	555		a vested benefit in the System terminates s uch continued coverage.
537	556		J. Any group that begins participation i n the Oklahoma
538	557		Employees Insurance and Benefits Plans after the effectiv e date of
539	558		this act and that is not composed of state or education emp loyees
540	559		must have one hundred percent (100%) partic ipation in the health
541	560		plan offered pursuant to the Oklahoma Emplo yees Insurance and
542	561		Benefits Act.
543	562		SECTION 5. This act shall become effective November 1, 2024.
544		-	Passed the House of Representatives the 11th day of March, 2024.
545	563
546		-
547		-
548		-
549		-	Presiding Officer of the House
550		-	of Representatives
551		-
552		-
553		-	Passed the Senate the _____ day of __________, 2024.
554		-
555		-
556		-
557		-
558		-	Presiding Officer of the Senate
559		-
560		-
	564	+	COMMITTEE REPORT BY: COMMITTEE ON APPR OPRIATIONS AND BUDGET, dated
	565	+	02/29/2024 - DO PASS, As Amended and Coauthored.