Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB467 Compare Versions

Version 1 (Old)

Version 2 (New)

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3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 467 By: Stanley of the Senate
7	37
8	38		and
9	39
10		-	Miller and Provenzano of
11		-	the House
	40	+	Miller of the House
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15	47		An Act relating to teachers; creating the Interstate
16	48		Teacher Mobility Compact Act; pr oviding short title;
17	49		providing purpose; defining te rms; providing
18	50		applicability; requiring compact member states to
19	51		compile and update list of certain licenses;
20	52		providing for the granting of certain licensure or
21	53		certification; providing certain constructio n;
22	54		allowing a member state to make certain requirem ents;
23	55		providing process for certain teacher to receive a
24	56		license or certification; authorizing member states
25	57		to provide certain information; providing for
26	58		creation of the Interstate Teacher Mobility Compact
27	59		Commission; providing for membership; providing
28	60		frequency of meetings ; providing for terms of office;
29	61		providing for powers and duties; providing for an
30	62		executive committee of the Commission; providing for
31	63		membership; providing for frequency of meetings;
32	64		providing powers and duties; providing for payment of
33	65		certain expenses; allowing the Commission to collect
34	66		certain annual assessment or impose fees; providing
35	67		immunity from liability for certain individuals
36	68		associated with the Commission; providing for def ense
37	69		against certain civil actions; providing for
38	70		promulgation of Commission rules; providing for
39	71		enforcement of the compact; directing the Commission
40	72		to take certain acti ons upon determination of default
41	73		of a member state; providing for enactment o f
42	74		compact; providing for severability; providing for
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43	102		codification; providing a n effective date; and
44	103		declaring an emergency .
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47	106
48		-	ENR. S. B. NO. 467 Page 2
49		-
50		-	SUBJECT: Interstate Teacher Mobility Compact Act
51	107
52	108		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53		-
54	109		SECTION 1. NEW LAW A new section of law to be codified
55	110		in the Oklahoma Statutes as Section 6-190.3 of Title 70, unless
56	111		there is created a duplication in numbering, reads as follows:
57		-
58	112		A. This act shall be known and m ay be cited as the “Interstate
59	113		Teacher Mobility Compact Act ”. The purpose of the Interstate
60	114		Teacher Mobility Compact shall be to facilitate the mobili ty of
61	115		teachers through a collective regulatory framework amongst member
62	116		states to expedite and enhance the ability of teachers to m ove
63	117		across state lines.
64		-
65	118		B. As used in this a ct:
66		-
67	119		1. “Active military member” means any person with full-time
68	120		duty status in the armed forces of the United States including
69	121		members of the National Guard and Reserve;
70		-
71	122		2. “Adverse action” means any limitation or restriction imposed
72	123		by a member state’s licensing authority, such as revocation,
73	124		suspension, reprimand, probation, or limitation on the licensee’s
74	125		ability to work as a teacher;
75		-
76	126		3. “Bylaws” means those bylaws established by the Commission;
77		-
78	127		4. “Career and technical education license ” means a current,
79	128		valid authorization issued by a member state’s licensing authority
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80	156		allowing an individual to serve as a teacher in a pre-kindergarten
81	157		through twelfth grade public educational setting in a specific
82	158		career and technical education area;
83		-
84	159		5. “Charter member state” means a member state that has enacted
85	160		legislation to adopt the compact and enactment predates the initial
86	161		meeting of the Commission after the effec tive date of the compact;
87		-
88	162		6. “Commission” means the Interstate Teacher Mobility Compact
89	163		Commission, an interstate administrative body whose membership
90		-
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92	164		consists of delegates of all states that have enacted the Interstate
93	165		Teacher Mobility Compact;
94		-
95	166		7. “Commissioner” means the delegate of a member state t hat has
96	167		adopted the Interstate Teacher Mobility Compact;
97		-
98	168		8. “Eligible license” means a license or certification to
99	169		engage in the teaching p rofession which requires at least a
100	170		bachelor’s degree and the comple tion of a state-approved program for
101	171		teacher certification;
102		-
103	172		9. “Eligible military spouse ” means the spouse of any
104	173		individual in full-time duty status in the active armed forces of
105	174		the United States including members of the National Guard and
106	175		Reserve moving as a result of a military mission or military career
107	176		progression requirements or moving as a result of separation or
108	177		retirement. Eligible military spouse includes surviv ing spouses of
109	178		deceased military members;
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111	206		10. “Executive committee” means a group of commissioners
112	207		elected or appointed on behalf of and within the powers gra nted to
113	208		them by the Commission as provided for herein;
114		-
115	209		11. “Licensing authority” means an official agency , board, or
116	210		other entity of a state that is responsible for the licensing or
117	211		certification and regulati on of teachers authorized to teach in pre -
118	212		kindergarten through twelfth grade public educational settings;
119		-
120	213		12. “Member state” means any state that has ad opted the
121	214		Interstate Teacher Mobility Compact including all agencies and
122	215		officials of the state;
123		-
124	216		13. “Receiving state” means any state in which a teacher has
125	217		applied for certification pursuant to the Interstate T eacher
126	218		Mobility Compact;
127		-
128	219		14. “Rule” means any regulation promulgated by the Commission
129	220		under the Interstate Teacher Mobility Compact , which shall have the
130	221		force of law in each member state;
131		-
132	222		15. “State practice laws” means a member state’s laws, rules,
133	223		and regulations that govern the teaching prof ession, define the
134		-
135		-	ENR. S. B. NO. 467 Page 4
136	224		scope of the teaching profession, an d create methods and grounds for
137	225		imposing discipline;
138		-
139	226		16. “State specific requirements ” means a requirement fo r
140	227		teacher certification covered in coursework or examination that
141	228		includes the content of unique interest to the state;
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142	255
143	256		17. “Teacher” means an individual who currently holds an
144	257		authorization from a member state that forms the basis for
145	258		employment in the pre-kindergarten through twelfth grade public
146	259		educational settings of the state to provide instruction in a
147	260		specific subject area, grade level, or student population; and
148		-
149	261		18. “Unencumbered license” means a current, valid authorization
150	262		issued by a member st ate’s licensing authority allowing an
151	263		individual to serve as a teacher in a pre -kindergarten through
152	264		twelfth grade public educational setting. A n unencumbered license
153	265		is not a restricted, prob ationary, provisiona l, substitute,
154	266		emergency, or temporary cred ential.
155		-
156	267		C. 1. Licensure pursuant to the Interstate Teacher Mobility
157	268		Compact shall pertain only to the initial grant of a license or
158	269		certificate by the receiving state. No thing herein shall apply to
159	270		any subsequent or ongoing compliance requirements that a receiving
160	271		state may require for teachers.
161		-
162	272		2. Each member state shall, in accordance with the rules of the
163	273		Commission, define, compile, and upd ate as necessary a list of
164	274		eligible licenses and career and technical education licenses that
165	275		the member state is willing to consider for equivalency pu rsuant to
166	276		the Interstate Teacher Mobility Compact and provide a list to the
167	277		Commission. The list shall include those licenses that a receiving
168	278		state is willing to grant to teachers from other member states,
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169	306		pending a determination of equivalency by the rec eiving state’s
170	307		licensing authority.
171		-
172	308		3. Upon receipt of an application for licensure or
173	309		certification by a teacher holding an unencumbered eligible license,
174	310		the receiving state shall determine which of the receivin g state’s
175	311		eligible licenses the teacher is qualified to hold and shall grant
176	312		the license(s) or certification(s) to the applicant. The
177	313		determination shall be made in the sole discretion of the receiving
178		-
179		-	ENR. S. B. NO. 467 Page 5
180	314		state’s licensing authority and may include a determi nation that the
181	315		applicant is not eligible for any of the receiving state ’s eligible
182	316		licenses. For all teachers who hold an unencumbered license, the
183	317		receiving state shall grant one or m ore unencumbered licenses that,
184	318		in the receiving state’s sole discretion, are equivalent to the
185	319		license(s) held by the teacher in any other member state.
186		-
187	320		4. For active military members and eligible military spouses
188	321		who hold a license or cert ification that is not unencumbered, the
189	322		receiving state shall grant an equivalent li cense or licenses that,
190	323		in the receiving state’s sole discretion, are equivalent to the
191	324		license or licenses held by the teacher in any other membe r state,
192	325		except where the receiving state does not have an equivalent license
193	326		or certification.
194		-
195	327		5. For a teacher holding an unencumbered career and tech nical
196	328		education license, the receiving stat e shall grant an unencumbered
197	329		license equivalent to the care er and technical education license
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198	357		held by the applying teacher and issued by another member state, as
199	358		determined by the receiving state in its sole disc retion, except
200	359		where a career and technica l education teacher does not hold a
201	360		bachelor’s degree and the receiving state requires a bachelor ’s
202	361		degree for licenses to teach career and technical education. A
203	362		receiving state may require career and technical e ducation teachers
204	363		to meet state industry recognized requirements, if required by law
205	364		in the receiving state.
206		-
207	365		D. 1. Except as provided for in subsection C of this section,
208	366		nothing in the Interstate Teacher Mobility Compact shall be
209	367		construed to limit or i nhibit the authority of a member state to
210	368		regulate licensure or endorsements overseen by a member state’s
211	369		licensing authority.
212		-
213	370		2. When a teacher is r equired to renew a license or
214	371		certification pursuant to the Interstate Teacher Mobility Compact ,
215	372		the state granting the license or certification may require the
216	373		teacher to complete state specific requirements as a condition of
217	374		license or certification rene wal or advancement in that state.
218		-
219	375		3. For the purposes of determining compensation, a receiving
220	376		state may require additional information from teachers receiving a
221		-
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223	377		license or certification pursuant to the provi sions of the
224	378		Interstate Teacher Mobility Compac t.
225		-
226	379		4. Nothing in the Interstate Teacher Mobility Compact shall be
227	380		construed to limit the power of a membe r state to control and
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228	408		maintain ownership of its infor mation pertaining to teachers or
229	409		limit the application of a member state’s laws or regulations
230	410		governing the ownership, use, or dissemination of in formation
231	411		pertaining to teachers.
232		-
233	412		5. Nothing in the Interstate Teacher Mobility Compact shall be
234	413		construed to invalidate or alter any existing agreement or another
235	414		cooperative arrangement of which a membe r state may already be a
236	415		party or limit the ability of a member state to participate in any
237	416		future agreement or other cooperative arrangement to:
238		-
239	417		a. award teaching licenses, certification, or other
240	418		benefits based on additional professional credentials
241	419		including but not limited to a National Board
242	420		Certification,
243		-
244	421		b. participate in the exchange of names o f teachers whose
245	422		license or certification has been subject to an
246	423		adverse action by a member state, or
247		-
248	424		c. participate in any agreement or cooperative
249	425		arrangement with a non-member state.
250		-
251	426		E. 1. Except as provided for acti ve military members or
252	427		eligible military spouses in paragraph 4 of subsection C of this
253	428		section, a teacher may only be eligible to receive a license or
254	429		certification pursuant to the Interstate Teacher Mobility Compact
255	430		where that teacher holds an unencumber ed license or certification in
256	431		a member state.
257	432
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258	459		2. A teacher eligible to receive a license or cer tification
259	460		pursuant to the Interstate Teacher Mobility Compact shall, unless
260	461		otherwise provided for herein:
261		-
262	462		a. upon his or her application to receive a license or
263	463		certification pursuant to the Interstate Teacher
264	464		Mobility Compact, undergo a criminal backgro und check
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267	465		in the receiving state in accordance with the laws and
268	466		regulations of the receiving state, and
269		-
270	467		b. provide the receiving state with information in
271	468		addition to the information required for licensure or
272	469		certification for the purposes of determining
273	470		compensation, if applicable.
274		-
275	471		F. 1. Nothing in the Interstate Teacher Mobility Compact shall
276	472		be deemed or construed to limit the authority of a member state t o
277	473		investigate or impose disciplinary measures on teachers according to
278	474		the state’s practice laws.
279		-
280	475		2. Member states shall be authorized to receive and shall
281	476		provide files and information regard ing the investigation and
282	477		discipline, if any, of teachers in ot her member states upon request.
283	478		Any member state receiving information or files shall protect an d
284	479		maintain the security and confidentiality thereof in at least the
285	480		same manner that it maintain s its own investigatory or disciplinary
286	481		files and information. Prior to disclosing any disciplinary or
287	482		investigatory information received from another member s tate, the
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288	510		disclosing state shall communicate its intention and purpose fo r
289	511		disclosure to the mem ber state which originally provided the
290	512		information.
291		-
292	513		SECTION 2. NEW LAW A new section of law to be codified
293	514		in the Oklahoma Statutes as Section 6-190.4 of Title 70, unless
294	515		there is created a duplication in numb ering, reads as follow s:
295		-
296	516		A. The member states of the Interstate Teacher Mobility Com pact
297	517		hereby create and establish a joint public agency known as the
298	518		Interstate Teacher Mobility Compact Commission. The Commission
299	519		shall be a joint interstate governmental agency comprised of states
300	520		that have enacted the Interstate Teacher Mobility Compac t. Nothing
301	521		in the Interstate Teacher Mobility Compact shall be construed as a
302	522		waiver of sovereign immunity.
303		-
304	523		B. 1. Each member state shall have and be limited to one
305	524		delegate to the Commission, who shall be given the title of
306	525		commissioner and shall be the primary administrative officer of the
307	526		state licensing authority or his or her designee.
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311	527		2. Any commissioner may be removed or suspended fro m office as
312	528		provided by the law of the state from w hich the commissioner is
313	529		appointed. The member state shall fil l any vacancy occurring in the
314	530		Commission within ninety (90) days.
315		-
316	531		3. Each commissioner shall be entitled to one vote on the
317	532		promulgation of rules and the creation of bylaws and shall otherwis e
318	533		have an opportunity to participate in the business and affair s of
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319	561		the Commission. A commissioner shall v ote in person or by other
320	562		means as provided for in th e bylaws. The bylaws may provide for
321	563		commissioners’ participation in meetings by telephone or other means
322	564		of communication.
323		-
324	565		4. The Commission shall meet at l east once during each calendar
325	566		year. Additional meetings shall be held as set forth in th e bylaws.
326		-
327	567		5. The Commission shall establish by rule a term of office for
328	568		commissioners.
329		-
330	569		C. The Commission shall have the following powers and duties:
331		-
332	570		1. Establish a code of ethics for the Commission;
333		-
334	571		2. Establish the fiscal year of the Commission;
335		-
336	572		3. Establish bylaws for the Commission;
337		-
338	573		4. Maintain its financial records in accordance with the bylaws
339	574		of the Commission;
340		-
341	575		5. Meet and take such actions as are consist ent with the
342	576		provisions of the Interstate Teacher Mobility Compact , the bylaws,
343	577		and the rules of the Commission;
344		-
345	578		6. Promulgate uniform rules to implement and administer the
346	579		Interstate Teacher Mobility Compact. The rules shall have the force
347	580		and effect of law and shall be binding on all member stat es. In the
348	581		event the Commission e xercises its rule-making authority in a manner
349	582		that is beyond the scope of the purposes of the compact or the
350	583		powers thereunder, then such action by the Commission shall be
351	584		invalid and shall have no force and effect of law ;
352	585
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353	611
354		-	ENR. S. B. NO. 467 Page 9
355	612		7. Bring and prosecute legal proceedings or action s in the name
356	613		of the Commission, provided that the standing of any member state
357	614		licensing authority to sue or be sued under applicable law shall not
358	615		be affected;
359		-
360	616		8. Purchase and maintain insurance bonds;
361		-
362	617		9. Borrow, accept, or contract for services of personnel
363	618		including but not limited to em ployees of a member state or an
364	619		associated non-governmental organization that is open to membership
365	620		by all states;
366		-
367	621		10. Hire employees, elect or appoint officers, fix
368	622		compensation, define duties, gran t individuals appropriate authority
369	623		to carry out the purposes of the Interstate Teacher Mobility
370	624		Compact, and establish the Commission’s personnel policies and
371	625		programs relating to conflicts of interest, qualifications for
372	626		personnel, and other related personnel m atters;
373		-
374	627		11. Lease, purchase, accept appropriate gifts or donations, or
375	628		otherwise own, hold, improve, or us e any real, personal, or mixed
376	629		property, provided that at all times the Commission shall avoid any
377	630		appearance of impropriety;
378		-
379	631		12. Sell, convey, mortgage, pledg e, lease, exchange, abandon,
380	632		or otherwise dispose of any real, person al, or mixed property ;
	633	+	13. Establish a budget and make expenditures;
	634	+	14. Borrow money;
381	635
382		-	13. Establish a budget and make expenditures;
383		-
384		-	14. Borrow money;
	636	+	SB467 HFLR Page 13
	637	+	BOLD FACE denotes Committee Amendments. 1
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385	661
386	662		15. Appoint committees, including standing committees comprised
387	663		of members and other interested p ersons as may be designated in the
388	664		Interstate Teacher Mobility Compact or Commission rules or bylaws;
389		-
390	665		16. Provide and receive information from and cooperate with law
391	666		enforcement agencies;
392		-
393	667		17. Establish and elect an executive committee;
394		-
395	668		18. Establish and develop a charter for an executive
396	669		information governance committee to advise on facilitating e xchange
397		-
398		-	ENR. S. B. NO. 467 Page 10
399	670		of information, use of information, data privacy, and technical
400	671		support needs and provide reports as needed;
401		-
402	672		19. Perform such other functions as may be necessary or
403	673		appropriate to achieve the purposes of the Interstate Teacher
404	674		Mobility Compact consistent with the state regulation of teacher
405	675		licensure; and
406		-
407	676		20. Determine whether a state’s adopted language is materially
408	677		different from the model compact lan guage in such a way that the
409	678		state would not qualify for participa tion in the Interstate Teacher
410	679		Mobility Compact.
411		-
412	680		D. The executive committee of the Interstate Teacher Mobility
413	681		Compact shall have the power to act on behalf of the Commission
414	682		according to the terms of the compact.
415		-
416	683		1. The executive committee shall be comprised of eight (8)
417	684		voting members including:
	685	+	a. the Commission chair, vice chair, and treasu rer, and
418	686
419		-	a. the Commission chair, vic e chair, and treasurer, and
	687	+	SB467 HFLR Page 14
	688	+	BOLD FACE denotes Committee Amendments. 1
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420	712
421	713		b. five members who are elected by the Commission from
422	714		its membership including:
423		-
424	715		(1) four voting members representing geographic
425	716		regions in accordance with Commission rules , and
426		-
427	717		(2) one at large voting member in accordance with
428	718		Commission rules.
429		-
430	719		2. The Commission may add or remove members of the executive
431	720		committee as provided for in Commissi on rules.
432		-
433	721		3. The executive committee shall meet at least once annually.
434		-
435	722		4. The executive committee shall have the follow ing duties and
436	723		responsibilities:
437		-
438	724		a. recommend to the entire Commission changes to the
439	725		rules or bylaws, changes to the Interstate Teacher
440	726		Mobility Compact legislation, fees to be paid by
441		-
442		-	ENR. S. B. NO. 467 Page 11
443	727		compact member states such as annua l dues, and any
444	728		compact fee charged by the member states on behalf of
445	729		the commission,
446		-
447	730		b. ensure Commission administration services are
448	731		appropriately provided, contractua l or otherwise,
449		-
450	732		c. prepare and recommend the budget,
451		-
452	733		d. maintain financial r ecords on behalf of the
453	734		Commission,
454		-
455	735		e. monitor compliance of member states and provide
456	736		reports to the Commission, and
457	737
	738	+	SB467 HFLR Page 15
	739	+	BOLD FACE denotes Committee Amendments. 1
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458	764		f. perform other duties as provided in rul es or bylaws.
459		-
460	765		5. All Commission meetings shall be open to the public, and
461	766		public notice of meetings shall be given in accordance with
462	767		Commission bylaws. Provided, however, the Commission, its executive
463	768		committee, or other committees of the Commission may convene in a
464	769		closed, non-public meeting if the Commissio n, its executive
465	770		committee, or other committees of the Comm ission discuss:
466		-
467	771		a. non-compliance of a member state with its obligations
468	772		under the Interstate Teacher Mobility Compact ,
469		-
470	773		b. the employment, compensation, discipl ine, or other
471	774		matters, practices, or procedures related to s pecific
472	775		employees or other matters related to the Commission’s
473	776		internal personnel p ractices or procedures,
474		-
475	777		c. current, threatened, or reasonably anticipated
476	778		litigation,
477		-
478	779		d. negotiation of contracts for the purchase, lease, or
479	780		sale of goods, services , or real estate,
480		-
481	781		e. accusing any person of a crime or formally censuring
482	782		any person,
483		-
484		-
485		-	ENR. S. B. NO. 467 Page 12
486	783		f. disclosure of trade secrets or commercial or financial
487	784		information that is privileged or con fidential,
488		-
489	785		g. disclosure of information of a personal nature wh ere
490	786		disclosure would constitute a clearly unwarranted
491	787		invasion of personal privacy,
492	788
	789	+	SB467 HFLR Page 16
	790	+	BOLD FACE denotes Committee Amendments. 1
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493	815		h. disclosure of investigative records compiled for law
494	816		enforcement purposes,
495		-
496	817		i. disclosure of information related to any investigat ive
497	818		reports prepared by or on behalf of or for the use of
498	819		the Commission or other committees cha rged with
499	820		responsibility of investigating and determining
500	821		compliance issues pursuant to the Interstate Teacher
501	822		Mobility Compact,
502		-
503	823		j. matters specifically exempted from disclosure by
504	824		federal or member state statute, and
505		-
506	825		k. other matters as set forth by the C ommission bylaws
507	826		and rules.
508		-
509	827		6. If a meeting or portion of a m eeting is closed pursuant to
510	828		the provisions of paragraph 5 of this subsection, the Commission ’s
511	829		legal counsel or designee shall certify that the meeting may be
512	830		closed and shall reference each re levant exempting provision.
513		-
514	831		7. The Commission shall keep minu tes of the Commission meetings
515	832		and shall provide a full and a ccurate summary of actions taken and
516	833		the reasons for the actions including a description of the views
517	834		expressed. All documents considered in connection with an act ion
518	835		shall be identified in the minutes. All minutes and documents of a
519	836		closed meeting shall remain under seal, subject to rele ase by a
520	837		majority vote of the Commission or an order of a court of competent
521	838		jurisdiction.
522	839
	840	+	SB467 HFLR Page 17
	841	+	BOLD FACE denotes Committee Amendments. 1
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	865	+
523	866		E. 1. The Commission shall pay or pr ovide for the payment of
524	867		the reasonable expenses of its establishment, organization, and
525	868		ongoing activities.
526		-
527		-
528		-	ENR. S. B. NO. 467 Page 13
529	869		2. The Commission m ay accept all appropriate donations and
530	870		grants of money, equipment , supplies, materials, and ser vices and
531	871		receive, utilize, and dispose of the same, provided that at all
532	872		times the Commission shall avoid any appearance of impropriety or
533	873		conflict of interest .
534		-
535	874		3. The Commission may levy on and collect an annual assessment
536	875		from each member state or impo se fees on other parties to cov er the
537	876		cost of the operations and activities of the Commission, in
538	877		accordance with Commission rules.
539		-
540	878		4. The Commission shall not incur obligations of any kind prior
541	879		to securing the funds adequate to meet the same , nor shall the
542	880		Commission pledge the credi t of any of the member states, except by
543	881		and with the authority of the member state.
544		-
545	882		5. The Commission shall kee p accurate accounts of all receipts
546	883		and disbursements. The receipts and disbursements of the Commission
547	884		shall be subject to accounting procedu res established under
548	885		Commission bylaws. All receipts and disbursements of funds of the
549	886		Commission shall be reviewed annually in accordance with Commission
550	887		bylaws, and a report of the review shall be included in and become
551	888		part of the annual report of the Commission.
	889	+
	890	+	SB467 HFLR Page 18
	891	+	BOLD FACE denotes Committee Amendments. 1
	892	+	2
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552	915
553	916		F. 1. The members, officers, executive director, employees,
554	917		and representatives of the Commission shall be immune from suit and
555	918		liability, either personally or in their official capacity, for any
556	919		claim for damage to or loss of property or pe rsonal injury or other
557	920		civil liability caused by or arising out of any actual or alleged
558	921		act, error, or omission that occurred, or that the person against
559	922		whom the claim is made had a re asonable basis for believing occurred
560	923		within the scope of Commission e mployment, duties, or
561	924		responsibilities. Provided, however, nothing in this par agraph
562	925		shall be construed to protect any such pers on from suit or liability
563	926		for any damage, loss, injury, or liability caused by the
564	927		intentional, willful, or wanton misconduct of the person.
565		-
566	928		2. The Commission shall defend any member, officer, executive
567	929		director, employee, or re presentative of the Commission in any civil
568	930		action seeking to impose liability arising out of any actual or
569	931		alleged act, error, or omission that occurred within the scope of
570	932		Commission employment, duties, or responsibilities or that the
571		-
572		-	ENR. S. B. NO. 467 Page 14
573	933		person against whom the claim is made had a re asonable basis for
574	934		believing had occurred within the scope of Com mission employment,
575	935		duties, or responsibilities. Provided, ho wever, that nothing in
576	936		this paragraph shall be construed to prohibit the person from
577	937		retaining his or her own legal counsel, and provided further that
578	938		the actual or alleged act, error, or omission did not result from
579	939		the person’s intentional, willful, or wanton misconduct.
	940	+
	941	+	SB467 HFLR Page 19
	942	+	BOLD FACE denotes Committee Amendments. 1
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580	966
581	967		3. The Commission shall indemnify and hold harmless any member,
582	968		officer, executive director, employee , or representative of the
583	969		Commission for the amount of any settlement or judgment obtained
584	970		against the person arising out of any actual or alleged act, error,
585	971		or omission that occurred within the scope of Commission employment,
586	972		duties, or responsibilities, or that the person had a reasonable
587	973		basis for believing had occurred within the scope of Commission
588	974		employment, duties, or responsibil ities. Provided, however, that
589	975		the actual or alleged act, error, or omission did not result from
590	976		the intentional, willful, or wanton misconduct of the person.
591		-
592	977		G. 1. The Commission shall exercise its r ule-making powers
593	978		pursuant to the criteria set forth in the Interstate Teacher
594	979		Mobility Compact. Rules and amendments shall be come binding as of
595	980		the date specified in each rule or amendment.
596		-
597	981		2. The Commission shall promulgate reasonable rules to achieve
598	982		the intent and purpose of the Interstate Teacher Mobility Compact.
599	983		In the event the Commission exercises its rule-making authority in a
600	984		manner that is beyond the purpose and intent of the Interstate
601	985		Teacher Mobility Compact or the powers granted thereunder, such
602	986		action by the Commission shall be invalid and have no force and
603	987		effect of law in the member states.
604		-
605	988		3. If a majority of the legis latures of the member states
606	989		rejects a rule by enactment of a statute or resolution in the same
607	990		manner used to adopt the Interstate Teacher Mobility Compact within
	991	+
	992	+	SB467 HFLR Page 20
	993	+	BOLD FACE denotes Committee Amendments. 1
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608	1018		four (4) years of the date of the adoption of the rule, then the
609	1019		rule shall have no further force and effect in any member state.
610		-
611	1020		4. Rules or amendments to the rules shall be adopted or
612	1021		ratified at a regular or special meeting of t he Commission, in
613	1022		accordance with Commission bylaws and rules.
614		-
615		-
616		-	ENR. S. B. NO. 467 Page 15
617	1023		5. Upon determination that an emergency exists, the Commission
618	1024		may consider and adopt an emergen cy rule within forty-eight (48)
619	1025		hours’ notice with opportunity to comment, provided tha t the usual
620	1026		rule-making procedures shall be retroactively applied to th e rule as
621	1027		soon as reasonably possible and in no event later than ninety (90)
622	1028		days after the effect ive date of the rule. For purposes of this
623	1029		paragraph, an emergency rule is one that must be adopted immediately
624	1030		in order to:
625		-
626	1031		a. meet an imminent threat to pu blic health, safety, or
627	1032		welfare,
628		-
629	1033		b. prevent a loss of Commission or membe r state funds,
630		-
631	1034		c. meet a deadline for the promulgation of an
632	1035		administrative rule that is established by feder al law
633	1036		or rule, or
634		-
635	1037		d. protect public health and safety.
636		-
637	1038		H. 1. The Commission shall provide for facilitating the
638	1039		exchange of information to administ er and implement the pr ovisions
639	1040		of the Interstate Teacher Mobility Compact in accordance with
	1041	+
	1042	+	SB467 HFLR Page 21
	1043	+	BOLD FACE denotes Committee Amendments. 1
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640	1068		Commission rules, co nsistent with generally accepted data protection
641	1069		principles.
642		-
643	1070		2. Nothing in the Interstate Teacher Mobility Compact shall be
644	1071		deemed or construed to alter, limit, or inhibit the power of a
645	1072		member state to control and maintain ownership of its licensee
646	1073		information or alter, limit, or inhibit the laws or regulations
647	1074		governing licensee information in the member state.
648		-
649	1075		I. 1. The executive and ju dicial branches of state government
650	1076		in each member state shall enforce the Interstate Teacher Mobility
651	1077		Compact and take all actions necessary and appropriate to effectuate
652	1078		the compact’s purposes and intent. The prov isions of the compact
653	1079		shall have standing as statutory law.
654		-
655	1080		2. Venue is proper and judicial proceedings by or against the
656	1081		Commission shall be brought solely and exclusively in a court of
657	1082		competent jurisdiction where the pri ncipal office of the Commission
658	1083		is located. The Commission may waive venue and jurisdictio nal
659		-
660		-	ENR. S. B. NO. 467 Page 16
661	1084		defenses to the extent it adopts or consents to participate in
662	1085		alternative dispute resolution proceedings. Nothing herein shall
663	1086		affect or limit the selection or propriety of venue in any action
664	1087		against a licensee for professional malpractice, misconduct, or any
665	1088		similar matter.
666		-
667	1089		3. All courts and administrative agencies shall take judicial
668	1090		notice of the Interstate Teacher Mobility Compact , the rules of the
669	1091		Commission, and any information provided to a member state pursu ant
	1092	+
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	1094	+	BOLD FACE denotes Committee Amendments. 1
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670	1119		thereto in any judicial or quasi -judicial proceeding in a member
671	1120		state pertaining to the subject matter of the compact or which may
672	1121		affect the powers, responsibilities, or actions of the Commission.
673		-
674	1122		4. The Commission shall be entitled to receive service of
675	1123		process in any proceeding regarding the enforcement or
676	1124		interpretation of the Interstate Teacher Mobility Compact and shall
677	1125		have standing to intervene in a proceeding for all purposes.
678	1126		Failure to provide the Commission service of process sh all render a
679	1127		judgement or order void as to the Comm ission, the Interstate Teacher
680	1128		Mobility Compact, or rules of the Commission.
681		-
682	1129		J. 1. If the Commission determines that a member state has
683	1130		defaulted in the performance of its obligations or responsibilities
684	1131		under the Interstate Teacher Mobility Compact or Commission rules,
685	1132		the Commission shall:
686		-
687	1133		a. provide written notice to the defaulting stat e and
688	1134		other member states of the nature of the default, the
689	1135		proposed means of curing the default, or any other
690	1136		action to be taken by the Commission, and
691		-
692	1137		b. provide remedial training and specific technical
693	1138		assistance regarding the default.
694		-
695	1139		2. If a state in default fails to cure the default, the
696	1140		defaulting state may be termina ted from the Interstate Teacher
697	1141		Mobility Compact upon an affirmative vote of a majority of the
698	1142		commissioners of the member states, and all rights, privileges, and
	1143	+
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	1159	+	15
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	1169	+
699	1170		benefits conferred on the state by the compact may be terminated on
700	1171		the effective date of ter mination. A cure of the default shall not
701	1172		relieve the offending state of obligations or liabiliti es incurred
702	1173		during the period of default.
703		-
704		-	ENR. S. B. NO. 467 Page 17
705		-
706	1174		3. Termination of member ship in the Interstate Teacher Mobility
707	1175		Compact shall be imposed only after all other means of securing
708	1176		compliance have been ex hausted. Notice of intent to suspend or
709	1177		terminate shall be gi ven by the Commission to the governor, the
710	1178		majority and minority leaders of the defaulting state’s legislature,
711	1179		the state licensing authority, and each of the member states.
712		-
713	1180		4. A state that has been terminated is responsible for all
714	1181		assessments, obligatio ns, and liabilities incurred through the
715	1182		effective date of termination including al l obligations that extend
716	1183		beyond the effective date of termination.
717		-
718	1184		5. The Commission shall not bear any costs related to a state
719	1185		that is found to be in default or that has been terminated from the
720	1186		Interstate Teacher Mobility Compact , unless agreed upon i n writing
721	1187		between the Commission and the defaulting sta te.
722		-
723	1188		6. The defaulting state may appeal the action of the Commission
724	1189		by petitioning the U.S. District Court for the Di strict of Columbia
725	1190		or the federal district court where the Commission has its princ ipal
726	1191		offices. The prevailing party shall be awarded all costs of
727	1192		litigation including reasonable attorney fees.
	1193	+
	1194	+	SB467 HFLR Page 24
	1195	+	BOLD FACE denotes Committee Amendments. 1
	1196	+	2
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	1199	+	5
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728	1219
729	1220		7. Upon request by a member state, the Commission shall a ttempt
730	1221		to resolve disputes related to the Interstate Teacher Mobility
731	1222		Compact that arise among member states and between member states and
732	1223		non-member states. The Commission shall promulgate a rule providing
733	1224		for both binding and non -binding alternative dispute resolution for
734	1225		disputes as appropriate.
735		-
736	1226		8. The Commission, in the reasonable exercise of its
737	1227		discretion, shall enforce the provisions and rules of the Interstate
738	1228		Teacher Mobility Compact . By majority vote, the Commission may
739	1229		initiate legal action in the U.S. District Court for the District of
740	1230		Columbia or the federal district where the Commission has its
741	1231		principal offices against a member state in default t o enforce
742	1232		compliance with the provisions of the compact and the Commission’s
743	1233		promulgated rules and bylaws. The relief sought may include both
744	1234		injunctive relief and damages. In t he event judicial enforcement is
745	1235		necessary, the prevailing party shall be awa rded all costs of
746	1236		litigation including reason able attorney fees. The remedies shall
747		-
748		-	ENR. S. B. NO. 467 Page 18
749	1237		not be exclusive of remedies of the Commission. The Commission may
750	1238		pursue any other remedies available under federal or state law.
751		-
752	1239		K. The Interstate Teacher Mobility Com pact shall be in effect
753	1240		on the date on which the compact is enacted into law in the tenth
754	1241		member state.
755		-
756	1242		1. On or after the effective date of the compact, the
757	1243		Commission shall convene and review the enactment of the compact by
	1244	+
	1245	+	SB467 HFLR Page 25
	1246	+	BOLD FACE denotes Committee Amendments. 1
	1247	+	2
	1248	+	3
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	1270	+
758	1271		each member state to determin e if the statute enacted by each member
759	1272		state is materially different from the model statute.
760		-
761	1273		2. A member state whose enactment is found to be materially
762	1274		different from the mod el compact statute shall be entitled to the
763	1275		default process set forth in subsec tion J of this section.
764		-
765	1276		3. Member states enacting the compact subsequent to the
766	1277		effective date shall be subject to the process set forth in
767	1278		paragraph 20 of subsection C of this section to determine if the
768	1279		enactments are materially different from the mod el compact statute
769	1280		and whether they qualify for participation in the compact.
770		-
771	1281		4. If any member state is later found to be in default or is
772	1282		terminated or withdraws from the compac t, the Commission shall
773	1283		remain in existence and the compact shall remain in effect even if
774	1284		the number of member states is fewer th an ten (10).
775		-
776	1285		5. Any state that joins the compact after the Commission’s
777	1286		initial adoption of the rules and bylaws shall be su bject to the
778	1287		rules and bylaws as they exist on the date on which the compact
779	1288		becomes law in the state. Any rule that has been previously adopted
780	1289		by the Commission shall hav e the full force and effect of law on the
781	1290		day the compact becomes law in the state, as the rules and bylaws
782	1291		may be amended as provided for in the Interstate Teacher Mobility
783	1292		Compact.
784		-
785	1293		6. Any member state may withdraw from the Interstate Teacher
786	1294		Mobility Compact by enacting a statute repealing the compact. A
	1295	+
	1296	+	SB467 HFLR Page 26
	1297	+	BOLD FACE denotes Committee Amendments. 1
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	1321	+
787	1322		member state’s withdrawal shall not take effect until six (6) months
788	1323		after enactment of the repealing statute . Withdrawal shall not
789	1324		affect the continuing requirement of the withdrawing state’s
790	1325		licensing authority to comply with the investigative and adverse
791		-
792		-	ENR. S. B. NO. 467 Page 19
793	1326		action reporting requirements of the compact prior to the effective
794	1327		date of withdrawal.
795		-
796	1328		7. The Interstate Teacher Mobility Compact may be amended by
797	1329		the member states; provided, however, that no ame ndment to the
798	1330		compact shall become effective and binding upon any member state
799	1331		until it is enacted into law by all member states.
800		-
801	1332		L. The Interstate Teacher Mobility Compact shall be liberally
802	1333		construed to effectuate its purposes. The provisions of the co mpact
803	1334		shall be severable, and if any phrase, clause, sentence, or
804	1335		provision of the compact is declared to be contrary to the
805	1336		constitution of any member state or a state seeking membership in
806	1337		the compact or of the U. S. Constitution or the applicability ther eof
807	1338		to any other government, agency, person, or circumstance is held
808	1339		invalid, the validity of the remainder of the compact and the
809	1340		applicability thereof to any government, agency, person, or
810	1341		circumstance shall not be affected . If the compact is held contr ary
811	1342		to the constitution of any member state, the compact shall remain in
812	1343		full force and effect as to the remaining member states and in full
813	1344		force and effect as to the member state affected as to all severable
814	1345		matters.
815	1346
	1347	+	SB467 HFLR Page 27
	1348	+	BOLD FACE denotes Committee Amendments. 1
	1349	+	2
	1350	+	3
	1351	+	4
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	1369	+	22
	1370	+	23
	1371	+	24
	1372	+
816	1373		M. Nothing in this act shall prevent or inhibit the enforcement
817	1374		of any other law of a member state that is not inconsistent with the
818	1375		Interstate Teacher Mobility Compact . Any laws, statutes,
819	1376		regulations, or other legal requirements in a member state in
820	1377		conflict with the compact are superseded to the extent of the
821	1378		conflict. All permissible agreements between the Commission and the
822	1379		member states are binding in accordance with their terms.
823		-
824	1380		SECTION 3. This act shall become effective July 1, 2023.
825		-
826	1381		SECTION 4. It being immediately necessary for the preservation
827	1382		of the public peace, health , or safety, an emergency is hereby
828	1383		declared to exist, by reason whereof thi s act shall take effect and
829	1384		be in full force from and after its passage and approval.
830	1385
831		-
832		-	ENR. S. B. NO. 467 Page 20
833		-	Passed the Senate the 28th day of February, 2023.
834		-
835		-
836		-
837		-	Presiding Officer of the Senate
838		-
839		-
840		-	Passed the House of Representatives the 25th day of April, 2023.
841		-
842		-
843		-
844		-	Presiding Officer of the House
845		-	of Representatives
846		-
847		-	OFFICE OF THE GOVERNOR
848		-	Received by the Office of the Governor this _______ _____________
849		-	day of _________________ __, 20_______, at ______ _ o'clock _______ M.
850		-	By: _______________________________ __
851		-	Approved by the Governor of the State of Oklahoma this _____ ____
852		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
853		-
854		-	_________________________________
855		-	Governor of the State of Oklahoma
856		-
857		-
858		-	OFFICE OF THE SECRETARY OF STATE
859		-	Received by the Office of the Secretary of State this _______ ___
860		-	day of __________________, 20 _______, at _______ o'clock _______ M.
861		-	By: _______________________________ __
	1386	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/04/2023
	1387	+	- DO PASS.