1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2529 By: Lepak |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to school employees; prohibiting |
| specified existing organizations from continuing to |
8| represent employees after certain date; requiring a |
| school district board of education to hold secret |
9| ballot election; directing the board of education to |
| determine how the election shall be conducted; |
10| authorizing the board of education to establish a fee |
| schedule to fund the election; eliminating |
11| recognition of organization if it fails to receive a |
| majority of votes; providing for continuation of |
12| contract terms if an organization is eliminated; |
| providing exception; allowing board of education to |
13| recognize a new employee organization under certain |
| circumstances; providing requirements for elections |
14| to certify majority support; amending 70 O.S. 2021, |
| Section 5-139, which relates to payroll deductions; |
15| prohibiting certain payroll deductions; amending 62 |
| O.S. 2021, Section 34.70.1, which relates to state |
16| agency payroll deductions; modifying prohibition |
| against payroll deductions on behalf of certain |
17| employees for certain membership dues; modifying date |
| of application; providing for codification; providing |
18| an effective date; and declaring an emergency. |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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22| SECTION 1. NEW LAW A new section of law to be codified |
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23|in the Oklahoma Statutes as Section 509.13 of Title 70, unless there |
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24|is created a duplication in numbering, reads as follows: |
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1| A. No existing employee organization established pursuant to |
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2|the provisions of Section 509.2 of Title 70 of the Oklahoma Statutes |
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3|shall continue to represent employees as defined in Section 509.2 or |
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4|1-116 of Title 70 of the Oklahoma Statutes after December 31, 2023, |
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5|except as provided for in this section. |
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6| B. 1. A school district board of education shall hold a secret |
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7|ballot election for all employees in any bargaining unit represented |
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8|by an existing employee organization to determine whether the |
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9|organization retains support of a majority of all employees in the |
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10|bargaining unit. |
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11| 2. The school district board of education shall determine |
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12|whether elections shall be conducted in person, by mail, by |
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13|telephone, by Internet-based systems or by any other means |
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14|determined by the board of education to be fair, confidential and |
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15|reliable. The board of education shall allow employees in the |
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16|bargaining unit to cast ballots for a period of five (5) business |
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17|days. |
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18| 3. The school district board of education may establish a fee |
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19|schedule, consistent with the provisions of Section 509.2 of Title |
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20|70 of the Oklahoma Statutes, for employee organizations subject to |
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21|elections conducted pursuant to the provisions of this section for |
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22|the purpose of funding the election. |
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23| C. If a majority of all employees in the bargaining unit votes |
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24|in favor of retaining the existing employee organization, the |
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1|organization shall remain the representative of employees in the |
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2|bargaining unit pursuant to the provisions of Section 509.2 of Title |
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3|70 of the Oklahoma Statutes. If a majority of all employees in the |
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4|bargaining unit do not vote in favor of retaining the existing |
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5|employee organization, the school district board of education shall |
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6|no longer recognize the organization as the representative of |
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7|employees in the unit and the employees shall be unrepresented. |
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8| D. When an existing employee organization is no longer |
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9|recognized, the terms of any preexisting contract between the |
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10|employee organization and the school district employees represented |
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11|by the organization shall continue and remain in effect for the |
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12|remaining contract term, except for any provisions involving in any |
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13|manner the employee organization including, but not limited to, |
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14|organization security, dues, fees, grievances and arbitration. |
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15| E. A school district board of education may recognize a new |
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16|employee organization in accordance with the provisions of Section |
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17|509.2 of Title 70 of the Oklahoma Statutes, but the new employee |
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18|organization may not be substantially similar to or affiliated with |
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19|an employee organization that has lost recognition pursuant to the |
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20|provisions of subsection C of this section for twelve (12) months |
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21|from the date of the loss of recognition. |
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22| F. The school district board of education shall hold an |
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23|election to certify majority support of existing employee |
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24|organizations no earlier than August 1, 2023, and no later than |
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1|December 1, 2023, and every three (3) years thereafter. Elections |
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2|shall occur no earlier than August 1 and no later than December 1. |
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3| SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-139, is |
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4|amended to read as follows: |
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5| Section 5-139. School A. Except as provided by subsection B of |
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6|this section, school districts shall make payroll deductions for |
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7|either or both professional organization dues and political |
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8|contributions at the written request of any school employee and |
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9|shall transmit deducted funds to the organization designated by the |
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10|school district employee. Such deductions shall be on a ten-month |
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11|basis unless otherwise designated by the employee organization. |
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12|However, a school employee may request at any time in writing, |
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13|including by email or fax, for the school district to immediately |
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14|terminate or initiate payroll deductions to a professional |
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15|organization. Upon receipt of any written request, the school |
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16|district shall within five (5) business days or by the next pay |
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17|period, whichever is earlier, terminate or initiate any future |
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18|payroll deductions of the requesting school employee to a |
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19|professional organization. Upon receipt of a written request, the |
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20|school district shall notify the professional organization of the |
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21|initiation or termination of payroll deductions within fifteen (15) |
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22|business days. If the request is to terminate a deduction, the |
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23|school district shall not make any advance payments to any |
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24|professional organization of any future dues on behalf of the school |
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1|employee. No school district policy or negotiated agreement shall |
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2|place any other conditions or requirements, including but not |
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3|limited to personal hand delivery, upon any employee to initiate or |
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4|terminate any payroll deduction to a professional organization |
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5|except for a written request as outlined in this section. Any |
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6|school district policy or provision in a negotiated agreement that |
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7|places additional conditions or requirements on initiation or |
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8|termination beyond those outlined in this section shall be null and |
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9|void. A school district which fails to terminate payroll deductions |
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10|for an employee in accordance with this section shall immediately |
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11|reimburse the employee the amount of all payroll deductions made by |
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12|the school district after the employee's request, and the amount due |
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13|the employee shall double every thirty (30) days until paid in full. |
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14| B. School districts shall not make payroll deductions for any |
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15|public employee association or organization or professional |
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16|organization that collectively bargains on behalf of its membership. |
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17| SECTION 3. AMENDATORY 62 O.S. 2021, Section 34.70.1, is |
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18|amended to read as follows: |
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19| Section 34.70.1 A. It shall be unlawful for any state agency |
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20|or school district to make payroll deductions on behalf of a state |
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21|an employee for membership dues in any public employee association |
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22|or organization or professional organization that on or after |
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23|November 1, 2015 December 31, 2023, collectively bargains on behalf |
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24|of its membership pursuant to any provision of federal state law. |
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1| B. For purposes of this section: |
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2| 1. "State agency" means any office, officer, bureau, board, |
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3|counsel, court, commission, institution, unit, division, body or |
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4|house of the executive or judicial branches of the state government, |
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5|whether elected or appointed, excluding political subdivisions of |
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6|the state. State agency shall include public school districts, the |
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7|Oklahoma State Regents for Higher Education, the institutions, |
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8|centers, or other constituent agencies of The Oklahoma State System |
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9|of Higher Education, the State Board of Career and Technology |
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10|Education, technology center school districts, the State |
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11|Legislature, and the Office of the Governor; and |
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12| 2. "Public employee" means an elected or appointed officer or |
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13|employee or contract employee of a state agency as defined in this |
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14|section, unless otherwise indicated. |
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15| SECTION 4. This act shall become effective July 1, 2023. |
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16| SECTION 5. It being immediately necessary for the preservation |
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17|of the public peace, health or safety, an emergency is hereby |
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18|declared to exist, by reason whereof this act shall take effect and |
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19|be in full force from and after its passage and approval. |
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21| 59-1-5329 LRB 01/09/23 |
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