Bill Text For HB1985 - Engrossed

 1|ENGROSSED HOUSE                                                        |
  |BILL NO. 1985                        By: Lepak and Caldwell (Chad)     |
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 4|                                         Bergstrom of the Senate       |
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 8|       [ insurance - Educators' Professional Liability                 |
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 9|         Insurance Program - Office of Management and                  |
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10|         Enterprise Services ]                                         |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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15|in the Oklahoma Statutes as Section 85.58Q of Title 74, unless there   |
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16|is created a duplication in numbering, reads as follows:               |
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17|    A.  There is hereby created the Educators' Professional            |
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18|Liability Insurance Program for all employees, including full-time     |
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19|and part-time personnel of public schools, as defined in Section       |
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20|1-106 of Title 70 of the Oklahoma Statutes, and charter schools, as    |
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21|defined in subsection D of Section 3-132 of Title 70 of the Oklahoma   |
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22|Statutes.                                                              |
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arsid866294 ENGR. H. B. NO. 1985                                   Page 1
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 1|    B.  The program shall provide liability coverage for employees     |
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 2|up to Two Million Dollars ($2,000,000.00) in coverage per              |
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 3|occurrence.                                                            |
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 4|    C.  The program shall be administered by the Office of             |
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 5|Management and Enterprise Services (OMES).  OMES shall promulgate      |
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 6|rules to implement the provisions of this act.                         |
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 7|    D.  OMES shall be authorized to contract liability insurance       |
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 8|from a licensed insurer, to create a self-insured risk pool or to      |
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 9|use a combination of both.                                             |
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10|    E.  The insurance carrier providing any portion of coverage        |
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11|provided under this act shall be selected by a competitive process.    |
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12|    F.  The Legislature shall provide an annual appropriation to       |
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13|cover the costs and any associated premiums for the program.           |
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14|    G.  Each school district shall notify annually, in writing,        |
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15|eligible employees about the coverage provided by the Educators'       |
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16|Professional Liability Insurance Program.                              |
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17|    H.  OMES and the State Department of Education shall notify, in    |
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18|writing, all eligible employees about the Educators' Professional      |
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19|Liability Insurance Program.  The notice shall specifically inform     |
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20|employees that coverage is provided automatically as part of their     |
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21|employment.  The notice shall be given upon hiring and annually        |
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22|thereafter.                                                            |
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23|    I.  Nothing in this section shall be construed to exempt a local   |
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24|school district from any current obligations or duties nor amend or    |
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arsid866294 ENGR. H. B. NO. 1985                                   Page 2
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 1|alter The Governmental Tort Claims Act provided in Sections 151        |
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 2|through 172 of Title 51 of the Oklahoma Statutes.                      |
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 3|    Passed the House of Representatives the 14th day of March, 2019.   |
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  |    Passed the Senate the ___ day of __________, 2019.                 |
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10|                                    Presiding Officer of the Senate    |
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arsid866294 ENGR. H. B. NO. 1985                                   Page 3
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