STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 279	By:	Bass

AS INTRODUCED

An Act relating to compensation; providing for pay increase for certain employees; defining term; prescribing conditions for pay increase; providing increase applicable to certain persons; providing for method to implement pay increase for persons on leave without pay status; providing method to implement pay increase for certain employees based upon interruption in service; excluding certain officers and employees from eligibility for pay increase; prohibiting expenditure of certain funds for purposes related to personnel service contracts; providing exception; amending 70 O.S. 2011, Section 18-114.12, which relates to teachers' salaries; providing for pay increase for certain employees; providing for noncodification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  Effective July 1, 2013, all full-time officers and employees, including temporary and other limited-term employees of the state, who were employed by the state on the last working day of June 2013, shall be awarded an annualized salary increase equal to two percent (2%) of the officer's or employee's annualized salary as of June 30, 2013.
B.  As used in this section, "temporary and other limited-term employees" are those persons who:
1.  Are not permanent employees;
2.  Are not otherwise excluded by this section; and
3.  Are compensated by an agency, board, commission, department or other employing entity for a limited duration and without any subjective expectation by either the employer or the employee that the employment will become permanent.
C.  Except for those personnel specifically excluded from eligibility for any increase or advancement in salary pursuant to this section, the salary increase provided by this section shall be applicable to:
1.  Employees of county health departments;
2.  Employees of a conservation district; and
3.  Employees of the George Nigh Rehabilitation Institute.
D.  Employees eligible for the increase provided for in subsection A of this section who are on leave without pay on July 1, 2013, shall receive an annualized increase, effective upon their return to work, but shall not receive any increase for a period of time prior to their return to work.
E.  Employees who leave the state service before July 1, 2013, and who are reinstated or reemployed in the state service during July 2013, without a break in service, who are otherwise eligible for the pay increase provided for in this section shall be granted such raise effective immediately upon such reinstatement or reemployment.  As used in this subsection, "break in service" is defined as a period of time in excess of thirty (30) calendar days between two periods of state employment.
F.  The following officers and employees shall be ineligible for a pay increase pursuant to this section and nothing, except as otherwise provided by Section 840-2.17 of Title 74 of the Oklahoma Statutes, shall be construed to authorize any increase or advancement of the salaries of:
1.  Any elected official;
2.  Any cabinet secretary whose salary is governed by Section 10.5 of Title 74 of the Oklahoma Statutes;
3.  Any agency director who is also a cabinet secretary pursuant to Section 10.3 of Title 74 of the Oklahoma Statutes;
4.  Any justice or judge whose salary is governed by Section 303 of Title 85 of the Oklahoma Statutes or whose compensation is set by the Board on Judicial Compensation pursuant to Section 3.4 of Title 20 of the Oklahoma Statutes;
5.  Any district attorney whose salary is governed by Section 215.30 of Title 19 of the Oklahoma Statutes;
6.  Officers and employees of institutions under the administrative authority of the Oklahoma State Regents for Higher Education, except for officers and employees of the George Nigh Rehabilitation Institute;
7.  Persons employed pursuant to Section 2241 of Title 74 of the Oklahoma Statutes;
8.  Persons employed pursuant to Section 1.6a of Title 53 of the Oklahoma Statutes;
9.  Persons who are employed or under contract pursuant to subsection B of Section 1419 of Title 10 of the Oklahoma Statutes;
10.  The Adjutant General and Assistant Adjutants General pursuant to Section 27 of Title 44 of the Oklahoma Statutes; and
11.  Employees in those positions listed in the salary schedules in subsection F of Section 2-106 of Title 47 of the Oklahoma Statutes, Section 2-103a of Title 63 of the Oklahoma Statutes, Section 935 of Title 63 of the Oklahoma Statutes, and Section 150.6a of Title 74 of the Oklahoma Statutes.
G.  No salary increase pursuant to this section shall be made that exceeds a salary limitation provided in an agency's annual appropriation bill or salary limits set by statute.  Classified employees eligible for the salary increase provided for in this section shall receive such increase even though it causes the employee's salary to exceed the maximum for the employee's pay band.
SECTION 2.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
No funds appropriated for the purpose of implementing the pay increase provided in Section 1 of this act shall be expended by any employing public agency, board, commission or other public employing entity in order to increase compensation for persons employed by a private business entity that has entered into a contract with the public employing entity to provide personnel services or temporary services to the public employing entity in order for the public employing entity to perform duties imposed upon it by law or functions which the public employing entity is authorized to perform by law.  The provisions of this section shall not be construed to prohibit increases in compensation to a vendor performing other types of services pursuant to a sole source contract or contract awarded pursuant to the Oklahoma Central Purchasing Act.
SECTION 3.     AMENDATORY     70 O.S. 2011, Section 18-114.12, is amended to read as follows:
Section 18-114.12.  A.  For the 2005-06 school year, teachers in the public schools of Oklahoma shall receive in salary and/or fringe benefits not less than the amounts specified in the following schedule:
MINIMUM SALARY SCHEDULE
	Years of	Bachelor's	Master's	Doctor's
	Experience	Degree	Degree	Degree
0	$28,000	$29,200	$30,400
1	$28,375	$29,575	$30,775
2	$28,750	$29,950	$31,150
3	$29,125	$30,325	$31,525
4	$29,500	$30,700	$31,900
5	$29,900	$31,100	$32,300
6	$30,300	$31,500	$32,700
7	$30,700	$31,900	$33,100
8	$31,100	$32,300	$33,500
9	$31,500	$32,700	$33,900
10	$31,925	$33,125	$34,325
11	$32,350	$33,550	$34,750
12	$32,775	$33,975	$35,175
13	$33,200	$34,400	$35,600
14	$33,625	$34,825	$36,025
15	$34,050	$35,250	$36,450
16	$34,475	$35,675	$36,875
17	$34,900	$36,100	$37,300
18	$35,325	$36,525	$37,725
19	$35,750	$36,950	$38,150
20	$36,175	$37,375	$38,575
21	$36,600	$37,800	$39,000
22	$37,025	$38,225	$39,425
23	$37,450	$38,650	$39,850
24	$37,875	$39,075	$40,275
25	$38,300	$39,500	$40,700
B.  For the 2006-07 school year, teachers in the public schools of Oklahoma shall receive in salary and/or fringe benefits not less than the amounts specified in the following schedule:
MINIMUM SALARY SCHEDULE
	Years of	Bachelor's	Master's	Doctor's
	Experience	Degree	Degree	Degree
0	$31,000	$32,200	$33,400
1	$31,375	$32,575	$33,775
2	$31,750	$32,950	$34,150
3	$32,125	$33,325	$34,525
4	$32,500	$33,700	$34,900
5	$32,900	$34,100	$35,300
6	$33,300	$34,500	$35,700
7	$33,700	$34,900	$36,100
8	$34,100	$35,300	$36,500
9	$34,500	$35,700	$36,900
10	$34,925	$36,125	$37,325
11	$35,350	$36,550	$37,750
12	$35,775	$36,975	$38,175
13	$36,200	$37,400	$38,600
14	$36,625	$37,825	$39,025
15	$37,050	$38,250	$39,450
16	$37,475	$38,675	$39,875
17	$37,900	$39,100	$40,300
18	$38,325	$39,525	$40,725
19	$38,750	$39,950	$41,150
20	$39,175	$40,375	$41,575
21	$39,600	$40,800	$42,000
22	$40,025	$41,225	$42,425
23	$40,450	$41,650	$42,850
24	$40,875	$42,075	$43,275
25	$41,300	$42,500	$43,700
C.  Beginning with For the 2007-08 school year through the 2012-13 school year, teachers in the public schools of Oklahoma shall receive in salary and/or fringe benefits not less than the amounts specified in the following schedule:
MINIMUM SALARY SCHEDULE
	Years of	Bachelor's	Master's	Doctor's
	Experience	Degree	Degree	Degree
0	$31,600	$32,800	$34,000
1	$31,975	$33,175	$34,375
2	$32,350	$33,550	$34,750
3	$32,725	$33,925	$35,125
4	$33,100	$34,300	$35,500
5	$33,500	$34,700	$35,900
6	$33,900	$35,100	$36,300
7	$34,300	$35,500	$36,700
8	$34,700	$35,900	$37,100
9	$35,100	$36,300	$37,500
10	$35,950	$37,575	$39,625
11	$36,375	$38,000	$40,050
12	$36,800	$38,425	$40,475
13	$37,225	$38,850	$40,900
14	$37,650	$39,275	$41,325
15	$38,075	$39,700	$41,750
16	$38,500	$40,125	$42,175
17	$38,925	$40,550	$42,600
18	$39,350	$40,975	$43,025
19	$39,775	$41,400	$43,450
20	$40,200	$41,825	$43,875
21	$40,625	$42,250	$44,300
22	$41,050	$42,675	$44,725
23	$41,475	$43,100	$45,150
24	$41,900	$43,525	$45,575
25	$42,325	$43,950	$46,000
D.  Beginning with the 2013-14 school year, teachers in the public schools of Oklahoma shall receive in salary and/or fringe benefits not less than the amounts specified in the following schedule:
MINIMUM SALARY SCHEDULE
	Years of	Bachelor's	Master's	Doctor's
	Experience	Degree	Degree	Degree
0	$32,232	$33,456	$34,680
1	$32,615	$33,839	$35,063
2	$32,997	$34,221	$35,445
3	$33,380	$34,604	$35,828
4	$33,762	$34,986	$36,210
5	$34,170	$35,394	$36,618
6	$34,578	$35,802	$37,026
7	$34,986	$36,210	$37,434
8	$35,394	$36,618	$37,842
9	$35,802	$37,026	$38,250
10	$36,669	$38,327	$40,418
11	$37,103	$38,760	$40,851
12	$37,536	$39,194	$41,285
13	$37,970	$39,627	$41,718
14	$38,403	$40,061	$42,152
15	$38,837	$40,494	$42,585
16	$39,270	$40,928	$43,019
17	$39,704	$41,361	$43,452
18	$40,137	$41,795	$43,886
19	$40,571	$42,228	$44,319
20	$41,004	$42,662	$44,753
21	$41,438	$43,095	$45,186
22	$41,871	$43,529	$45,620
23	$42,305	$43,962	$46,053
24	$42,738	$44,396	$46,487
25	$43,172	$44,829	$46,920
E.  When determining the Minimum Salary Schedule, "fringe benefits" shall mean all or part of retirement benefits, excluding the contributions made pursuant to subsection A of Section 17-108.1 of this title and the flexible benefit allowance pursuant to Section 26-105 of this title from the flexible benefit allowance funds disbursed by the State Board of Education and the State Board of Career and Technology Education pursuant to Section 26-104 of this title.  Any of the degrees referred to in this section shall be from a college recognized by the State Board of Education.  The State Board of Education shall accept teaching experience from out-of-state school districts that are accredited by the State Board of Education or appropriate state accrediting agency for the districts.  For the purpose of state salary increments and retirement, no teacher shall be granted credit for more than five (5) years' active duty in the military service, or out-of-state teaching experience as a certified teacher or its equivalent.  Nothing in this section shall prohibit boards of education from crediting more years of experience on district salary schedules than those allowed for state purposes.  The State Board of Education shall recognize, for purposes of certification and salary increments, the years of experience of a certified teacher who teaches in the Department of Corrections' educational program beginning with fiscal year 1981.  The State Board of Education shall recognize for purposes of certification and salary increments the years of experience of a Vocational Rehabilitation Counselor under the Department of Human Services if the counselor was employed as a certified teacher by the State Department of Education when the Division of Vocational Rehabilitation was transferred from the State Board of Career and Technology Education or the State Board of Education to the Oklahoma Public Welfare Commission on July 1, 1968.
E. F.  The State Board of Education shall recognize for purposes of certification and salary increments all of the years of experience a:
1.  Vocational Rehabilitation Counselor completed while employed by the Department of Human Services if such counselor was certified as a teacher or was eligible for certification as a teacher in Oklahoma;
2.  Certified teacher completed while employed by the Department of Human Services Child Study Center at University Hospital, if the teacher was certified as a teacher in Oklahoma; and
3.  Certified school psychologist or psychometrist completed while employed as a doctoral intern, psychological assistant, or psychologist with any agency of the State of Oklahoma if the experience primarily involved work with persons of school or preschool age and if the person was, at the time the experience was acquired, certified as, or eligible for certification as, a school psychologist or psychometrist.
F. G.  The provisions of this section shall not apply to teachers who have entered into postretirement employment with a public school in Oklahoma and are still receiving a monthly retirement benefit.
SECTION 4.  This act shall become effective July 1, 2013.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-1326	CD	1/11/2013 2:49:18 PM