Bill Text For HB1042 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 1042                      By: Randleman                     |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to education; amending 70 O.S. 2021,            |
  |       Section 26-103, which relates to flexible benefits              |
 8|       allowance; modifying definition; and providing an               |
  |       effective date.                                                 |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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12|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 26-103, is     |
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13|amended to read as follows:                                            |
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14|    Section 26-103.  The following words and phrases as used in        |
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15|Section 26-101 et seq. of this title, unless a different meaning is    |
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16|clearly required by the context, shall have the following meanings:    |
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17|    1.  "Benefit" means any of the benefits which may be purchased     |
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18|or are required to be purchased under the cafeteria plan;              |
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19|    2.  "Cafeteria plan" means a benefit plan established pursuant     |
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20|to 26 U.S.C. Section 125;                                              |
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21|    3.  "Flexible benefit allowance" means amounts credited by the     |
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22|school district for each school district employee for the purchase     |
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23|of benefits under the cafeteria plan;                                  |
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 1|    4.  "Support personnel" means full-time employees of a school      |
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 2|district as determined by the standard period of labor which is        |
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 3|customarily understood to constitute full-time employment for the      |
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 4|type of services performed by the employees who are employed a         |
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 5|minimum of six (6) hours per day for a minimum of one hundred          |
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 6|seventy-two (172) days or a minimum of six (6) hours per day for a     |
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 7|minimum of one thousand thirty-two (1,032) hours per year and who      |
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 8|provide services not performed by certified personnel, or bus          |
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 9|drivers who are employed a minimum of (20) hours per week for a        |
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10|minimum of one hundred seventy-two (172) days per year, and which is   |
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11|necessary for the efficient and satisfactory functioning of a school   |
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12|district, and shall include cooks, janitors, maintenance personnel,    |
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13|bus drivers, noncertified or nonregistered nurses, noncertified        |
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14|librarians, and clerical employees of a school district but shall      |
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15|not include adult education instructors or adult coordinators          |
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16|employed by technology center school districts;                        |
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17|    5.  "Plan year" means the twelve-month period established by the   |
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18|school district for the cafeteria plan;                                |
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19|    6.  "School district" means the public school districts and        |
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20|technology center school districts of this state;                      |
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21|    7.  "School district employee" means certified or support          |
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22|personnel as defined in Section 26-101 et seq. of this title.          |
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23|Employees of an educational service provider contracted with a         |
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24|school district pursuant to subsection G of Section 5-117 of this      |
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 1|title who perform functions that would otherwise be performed by a     |
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 2|school district employee shall be considered employees of a school     |
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 3|district for purposes of the Larry Dickerson Education Flexible        |
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 4|Benefits Allowance Act unless otherwise provided for in the contract   |
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 5|between the educational service provider and the contracting school    |
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 6|district;                                                              |
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 7|    8.  "Certified personnel" means a certified person employed on a   |
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 8|full-time basis to serve as a teacher, principal, supervisor,          |
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 9|administrator, counselor, librarian, or certified or registered        |
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10|nurse, but shall not mean a superintendent of a school district; and   |
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11|    9.  "Self-insured" means a health care program in which the        |
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12|school district funds the benefit plans from its own resources         |
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13|without purchasing insurance and which may be administered by the      |
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14|school district or by an outside administrator under contract with     |
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15|the school district for administrative services.  The State Board of   |
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16|Education shall prepare by May 1st of each year a list of each         |
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17|school district in the state that is self-insured and the number of    |
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18|support personnel and the number of certified personnel that are       |
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19|participating in each self-insured school district plan.               |
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20|    SECTION 2.  This act shall become effective November 1, 2023.      |
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22|    59-1-5718      MJ     12/16/22                                     |
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