1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 1008 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to higher education; prohibiting | | certain test or qualification from being required for | 8| admission into or promotion within certain | | institution of higher education; defining term; | 9| providing for termination of employment for certain | | willful violation; providing certain construction; | 10| providing for promulgation of rules; providing for | | codification; providing an effective date; and | 11| declaring an emergency. | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. NEW LAW A new section of law to be codified | | | 16|in the Oklahoma Statutes as Section 3251 of Title 70, unless there | | | 17|is created a duplication in numbering, reads as follows: | | | 18| A. No political test or qualification shall be required as a | | | 19|condition of employment or promotion as a teacher, faculty member, | | | 20|or employee within any institution of higher education within The | | | 21|Oklahoma State System of Higher Education. | | | 22| B. For the purposes of this section, "political test" includes: | | | 23| 1. Compelling or soliciting an applicant for employment, a | | | 24|teacher, a faculty member, or an employee to identify commitment to | | | Req. No. 269 Page 1 ___________________________________________________________________________
1|or make a statement of personal belief in support of any ideology or | | | 2|movement that: | | | 3| a. promotes the differential treatment of any individual | | | 4| or groups of individuals based on race or ethnicity | | | 5| including: | | | 6| (1) any initiative or formulation of diversity, | | | 7| equity, and inclusion beyond upholding the equal | | | 8| protection of the laws guaranteed by the | | | 9| Fourteenth Amendment to the United States | | | 10| Constitution, or | | | 11| (2) any theory or practice that holds that systems | | | 12| or institutions upholding the equal protection of | | | 13| the laws guaranteed by the Fourteenth Amendment | | | 14| to the United States Constitution are racist, | | | 15| oppressive, or otherwise unjust, or | | | 16| b. promotes a specific partisan, political, or | | | 17| ideological set of beliefs; or | | | 18| 2. Giving preferable consideration to an applicant for | | | 19|employment, a teacher, a faculty member, or an employee for opinions | | | 20|expressed or actions taken in support of: | | | 21| a. another individual or a group of individuals in which | | | 22| the institution's consideration is based on the race | | | 23| or ethnicity of those other individuals, or | | | 24| | | | Req. No. 269 Page 2 ___________________________________________________________________________
1| b. any other specific partisan, political, or | | | 2| ideological set of beliefs. | | | 3| Political test shall not include fidelity to or an oath or | | | 4|effort taken to uphold the Oklahoma Constitution or the United | | | 5|States Constitution. | | | 6| C. If the governing board of regents for an institution of | | | 7|higher education within The Oklahoma State System of Higher | | | 8|Education finds that an institution employee committed a willful | | | 9|violation of the provisions of this section, his or her employment | | | 10|shall be terminated. | | | 11| D. The provisions of this section shall not be construed to | | | 12|safeguard the employment of a teacher, faculty member, or employee | | | 13|who violates the provisions of Section 1266, 1266.2, or 1267.1 of | | | 14|Title 21 of the Oklahoma Statutes. | | | 15| E. The Oklahoma State Regents for Higher Education shall | | | 16|promulgate rules to implement the provisions of this section. | | | 17| SECTION 2. This act shall become effective July 1, 2023. | | | 18| SECTION 3. It being immediately necessary for the preservation | | | 19|of the public peace, health, or safety, an emergency is hereby | | | 20|declared to exist, by reason whereof this act shall take effect and | | | 21|be in full force from and after its passage and approval. | | | 22| | | | 23| 59-1-269 EB 1/19/2023 4:06:11 PM | | | 24| | | | Req. No. 269 Page 3