Bill Text For SB0392 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 13, 2017                            |
 2|                             AS AMENDED                                |
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 3|SENATE BILL NO. 392                  By: Loveless                      |
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 6|       [ school employees - new job - exceptions - due                 |
  |       process - codification - effective date -    emergency ]        |
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10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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11|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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12|in the Oklahoma Statutes as Section 6-101.33 of Title 70, unless       |
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13|there is created a duplication in numbering, reads as follows:         |
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14|    A.  A school district employee shall be prohibited from            |
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15|assisting another school district employee in obtaining a new job in   |
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16|another school district within the State of Oklahoma if the employee   |
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17|knows or has reason to believe that the employee seeking a new job     |
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18|engaged in behavior that would form the basis for criminal charges     |
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19|as provided for in Section 843.5 of Title 21 of the Oklahoma           |
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20|Statutes if the offense involved sexual abuse or sexual exploitation   |
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21|as those terms are defined in Section 1-1-105 of Title 10A of the      |
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22|Oklahoma Statutes; Sections 741, 843.1, if the offense included        |
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23|sexual abuse or sexual exploitation; 865 et seq., 885, 888, 891,       |
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arsid16019218 SENATE FLOOR VERSION - SB392 SFLR                    Page 1
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 1|1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of    |
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 2|Title 21 of the Oklahoma Statutes.                                     |
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 3|    B.  The prohibition in subsection A of this section shall not      |
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 4|apply if:                                                              |
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 5|    1.  The school district employee is engaged in the routine         |
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 6|transmission of administrative or personnel files;                     |
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 7|    2.  a.     the behavior described in subsection A of this          |
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 8|              section has been reported to a law enforcement agency    |
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 9|              with jurisdiction over the alleged behavior, and         |
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10|         b.    the matter has been officially closed or the district   |
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11|              attorney or law enforcement agency with jurisdiction     |
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12|              over the alleged behavior has investigated the           |
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13|              allegations and notified the employing school district   |
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14|              that there is insufficient information to establish      |
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15|              probable cause that the school district employee         |
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16|              engaged in behavior described in subsection A of this    |
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17|              section;                                                 |
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18|    3.  The school district employee has been charged with and         |
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19|acquitted or otherwise exonerated of the alleged behavior described    |
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20|in subsection A of this section; or                                    |
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21|    4.  The case or investigation remains open and there have been     |
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22|no charges filed against the school district employee and no           |
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23|indictment of the school district employee within four (4) years of    |
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 1|the date on which the behavior was reported to a law enforcement       |
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 2|agency.                                                                |
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 3|    C.  In the event that loss of employment occurs as a result of     |
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 4|the commission of acts prohibited by this section, a school employee   |
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 5|shall be entitled to due process as provided for by Sections           |
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 6|6-101.13, 6-101.26 and 6-101.46 of Title 70 of the Oklahoma            |
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 7|Statutes.                                                              |
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 8|    SECTION 2.  This act shall become effective July 1, 2017.          |
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 9|    SECTION 3.  It being immediately necessary for the preservation    |
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10|of the public peace, health and safety, an emergency is hereby         |
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11|declared to exist, by reason whereof this act shall take effect and    |
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12|be in full force from and after its passage and approval.              |
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13|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |February 13, 2017 - DO PASS AS AMENDED                                 |
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arsid16019218 SENATE FLOOR VERSION - SB392 SFLR                    Page 3
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