Bill Text For SB0750 - 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. 750                  By: Bergstrom of the Senate       |
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 6|                                         and                           |
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 7|                                         Lepak of the House            |
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  |                        COMMITTEE SUBSTITUTE                           |
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  |       [ State government - Educators' Professional                    |
12|       Liability Insurance Program - creating fund -                   |
  |       codification - effective date ]                                 |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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17|in the Oklahoma Statutes as Section 85.58Q of Title 74, unless there   |
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18|is created a duplication in numbering, reads as follows:               |
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19|    A.  There is hereby created the Educators' Professional            |
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20|Liability Insurance Program for all employees of public schools, as    |
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21|that term is defined in Section 1-106 of Title 70 of the Oklahoma      |
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22|Statutes, and charter schools, as that term is defined in subsection   |
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23|D of Section 3-132 of Title 70 of the Oklahoma Statutes.               |
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arsid10623456 SB750 HFLR                                           Page 1
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 1|Participation in this program is mandatory for all employees of        |
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 2|public schools and charter schools as defined above.                   |
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 3|    B.  The program shall provide Educators' Legal Liability           |
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 4|including Employment Practices insurance coverage for all employees    |
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 5|up to Two Million Dollars ($2,000,000.00) in coverage per              |
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 6|occurrence.                                                            |
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 7|    C.  The program shall be administered by the Office of             |
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 8|Management and Enterprise Services (OMES).  OMES shall promulgate      |
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 9|rules to implement the provisions of this act.                         |
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10|    D.  OMES shall be authorized to contract liability insurance       |
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11|from a licensed insurer to create a self-insured risk pool or to use   |
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12|a combination of both.                                                 |
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13|    E.  The insurance carrier providing any portion of coverage        |
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14|provided under this act shall be selected by a competitive process.    |
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15|    F.  The Legislature shall provide an annual appropriation to       |
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16|cover the costs and any associated premiums for the program.           |
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17|    G.  Each school district shall notify annually, in writing,        |
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18|eligible employees about the coverage provided by the Educators'       |
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19|Professional Liability Insurance Program.                              |
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20|    H.  OMES and the Department of Education shall notify in writing   |
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21|all eligible employees about the Educators' Professional Liability     |
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22|Insurance Program.  The notice shall specifically inform employees     |
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23|that coverage is provided automatically as part of their employment.   |
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24| The notice shall be given upon hiring and annually thereafter.        |
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arsid10623456 SB750 HFLR                                           Page 2
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 1|    I.  Nothing in this section shall be construed to exempt a local   |
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 2|school district from any current obligations or duties nor amend the   |
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 3|Governmental Tort Claims Act provided in Sections 151 through 172 of   |
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 4|Title 51 of the Oklahoma Statutes.                                     |
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 5|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 6|in the Oklahoma Statutes as Section 85.58R of Title 74, unless there   |
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 7|is created a duplication in numbering, reads as follows:               |
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 8|    There is hereby created in the State Treasury an interest          |
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 9|bearing revolving fund for the Office of Management and Enterprise     |
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10|Services, to be designated the "Educators' Professional Liability      |
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11|Insurance Program Revolving Fund".  The fund shall be a continuing     |
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12|fund, not subject to fiscal year limitations, and shall consist of     |
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13|all monies received by the Office of Management and Enterprise         |
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14|Services in accordance with the Educators' Professional Liability      |
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15|Insurance Program.  All monies accruing to the credit of the fund      |
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16|are hereby appropriated and may be budgeted and expended by the        |
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17|Office of Management and Enterprise Services for the purposes of the   |
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18|Educators' Professional Liability Insurance Program.  Expenditures     |
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19|from the fund shall be made upon warrants issued by the State          |
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20|Treasurer against claims filed as prescribed by law with the           |
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21|Director of the Office of Management and Enterprise Services for       |
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22|approval and payment.                                                  |
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23|    SECTION 3.  This act shall become effective November 1, 2019.      |
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arsid10623456 SB750 HFLR                                           Page 3
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 1|COMMITTEE REPORT BY: COMMITTEE ON INSURANCE, dated 04/10/2019 - DO     |
  |PASS, As Amended.                                                      |
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arsid10623456 SB750 HFLR                                           Page 4
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