Bill Text For SB0058 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 58                   By: Pemberton of the Senate       |
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 6|                                         and                           |
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 7|                                         Frix of the House             |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|       An Act relating to elections; amending 26 O.S. 2011,            |
  |       Section 7-101, which relates to voting time for                 |
12|       employees; extending days upon which employees                  |
  |       allowed time to vote to include days on which                   |
13|       in-person absentee voting allowed; requiring certain            |
  |       notification; allowing employer to select days and              |
14|       hours for such time; clarifying language; and                   |
  |       declaring an emergency.                                         |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     26 O.S. 2011, Section 7-101, is      |
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19|amended to read as follows:                                            |
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20|    Section 7-101.  A.  Every corporation, firm, association or        |
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21|individual, hereinafter referred to as "employer", who, on election    |
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22|day, has a registered voter employed or in his service, shall grant    |
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23|the employee two (2) hours of time during the period when the          |
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arsid6248288 SB58 HFLR                                             Page 1
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 1|election is open in which to vote, and if subject to the following     |
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 2|provisions:                                                            |
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 3|    1.  Such time to vote shall be allowed on the day of the           |
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 4|election or on a day on which in-person absentee voting is allowed     |
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 5|by law;                                                                |
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 6|    2.  If such employee be in the county or is at such distance       |
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 7|from the voting place that more than two (2) hours are required in     |
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 8|which to attend such elections, then the employee shall be allowed a   |
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 9|sufficient time in which to cast a ballot.;                            |
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10|    3.  No such employee shall be entitled to such time to vote        |
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11|unless the employee notifies orally or in writing an employer's        |
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12|representative of the employee's intention to be absent, on the day    |
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13|at least three (3) days preceding the election day.  Upon proof of     |
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14|voting, such employee shall not be subject to any loss of              |
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15|compensation or other penalty for such absence of the election or      |
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16|the day of in-person absentee voting.  Such employer shall may         |
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17|select the days and hours which such employees are to be allowed in    |
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18|which to attend such elections, and shall may notify each of the       |
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19|employees which days and hours they are to he or she have in which     |
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20|to vote.  This section shall not apply to an employee whose work day   |
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21|begins three (3) hours or more subsequent to the time of opening of    |
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22|the polls, or ends three (3) hours or more prior to the time of        |
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23|closing the polls.  The employer may change the work hours to allow    |
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arsid6248288 SB58 HFLR                                             Page 2
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 1|such three (3) hours before the beginning of work or after the work    |
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 2|hours; and                                                             |
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 3|    4.  Upon proof of voting, such employee shall not be subject to    |
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 4|any loss of compensation or other penalty for such absence.            |
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 5|    B.  Any employer who fails to comply with this section shall be    |
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 6|deemed guilty of a misdemeanor, and upon conviction shall be fined     |
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 7|subject to a civil penalty of not less than Fifty Dollars ($50.00)     |
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 8|nor more than One Hundred Dollars ($100.00).                           |
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 9|    SECTION 2.  It being immediately necessary for the preservation    |
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10|of the public peace, health or 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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14|COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/15/2019 - DO PASS,   |
  |As Amended.                                                            |
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arsid6248288 SB58 HFLR                                             Page 3
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