1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 75 By: Dahm |
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6| AS INTRODUCED |
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7| An Act relating to school employee payroll |
| deductions; amending 70 O.S. 2021, Section 5-139, |
8| which relates to payroll deductions for professional |
| organizations; subjecting certain payroll deductions |
9| and political contributions to certain provisions; |
| prohibiting certain deductions from exceeding one |
10| year without reauthorization; prohibiting accrual of |
| certain debt after certain request to terminate is |
11| provided; requiring authorization for professional |
| organization dues and political contributions to be |
12| on certain form containing certain statement; |
| requiring certain authorization to include certain |
13| information; requiring a school district to confirm |
| certain authorization; providing for expiration of |
14| certain authorization if certain action is not taken |
| in certain school year; providing for codification; |
15| and declaring an emergency. |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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19| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-139, is |
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20|amended to read as follows: |
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21| Section 5-139. School districts shall make payroll deductions |
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22|for either or both professional organization dues and political |
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23|contributions at the written request of any school employee subject |
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24|to the provisions of Section 2 of this act and shall transmit |
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Req. No. 837 Page 1
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1|deducted funds to the organization designated by the school district |
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2|employee. Such deductions shall be on a ten-month basis unless |
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3|otherwise designated by the employee organization but shall not |
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4|exceed one (1) year without reauthorization. However, a school |
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5|employee may request at any time in writing, including by email or |
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6|fax, for the school district to immediately terminate or initiate |
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7|payroll deductions to a professional organization. Upon receipt of |
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8|any written request, the school district shall within five (5) |
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9|business days or by the next pay period, whichever is earlier, |
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10|terminate or initiate any future payroll deductions of the |
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11|requesting school employee to a professional organization. Upon |
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12|receipt of a written request, the school district shall notify the |
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13|professional organization of the initiation or termination of |
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14|payroll deductions within fifteen (15) business days. If the |
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15|request is to terminate a deduction, the school district shall not |
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16|make any advance payments to any professional organization of any |
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17|future dues on behalf of the school employee, and no further debt |
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18|from the school employee to the professional organization shall |
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19|accrue. No school district policy or negotiated agreement shall |
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20|place any other conditions or requirements, including but not |
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21|limited to personal hand delivery, upon any employee to initiate or |
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22|terminate any payroll deduction to a professional organization |
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23|except for a written request as outlined in this section. Any |
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24|school district policy or provision in a negotiated agreement that |
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Req. No. 837 Page 2
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1|places additional conditions or requirements on initiation or |
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2|termination beyond those outlined in this section shall be null and |
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3|void. A school district which fails to terminate payroll deductions |
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4|for an employee in accordance with this section shall immediately |
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5|reimburse the employee the amount of all payroll deductions made by |
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6|the school district after the employee's request, and the amount due |
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7|the employee shall double every thirty (30) days until paid in full. |
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8| SECTION 2. NEW LAW A new section of law to be codified |
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9|in the Oklahoma Statutes as Section 5-139a of Title 70, unless there |
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10|is created a duplication in numbering, reads as follows: |
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11| A. Authorization for professional organization dues and |
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12|political contributions as provided for in Section 5-139 of Title 70 |
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13|of the Oklahoma Statutes shall be on a form prescribed by the |
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14|Secretary of Education and contain a statement in fourteen-point |
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15|boldface font reading: |
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16| "I am aware that I have a First Amendment right, as recognized |
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17|by the U.S. Supreme Court, to refrain from joining and paying dues |
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18|or making political contributions to a professional employee |
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19|organization. I further realize that membership and payment of dues |
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20|or political contributions are voluntary and that I may not be |
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21|discriminated against for my refusal to join or financially support |
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22|a professional employee organization. I hereby authorize my |
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23|employer to deduct dues and/or political contributions from my |
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24|salary in the amounts specified in accordance with my professional |
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1|employee organization's bylaws. I understand that I may revoke this |
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2|authorization at any time." |
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3| B. Authorization containing an employee's full name, position, |
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4|professional organization, and signature shall be submitted to the |
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5|school district. The school district shall confirm the |
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6|authorization by emailing the employee's school district-provided |
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7|email address and shall wait for confirmation of the authorization |
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8|before starting any deduction. If the employee does not possess a |
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9|school district-provided email address, the school district may use |
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10|other means it deems appropriate to confirm the authorization. |
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11| C. An authorization shall expire at the start of the first full |
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12|pay period each school year unless it was authorized or reauthorized |
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13|during the previous school year. |
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14| SECTION 3. It being immediately necessary for the preservation |
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15|of the public peace, health, or safety, an emergency is hereby |
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16|declared to exist, by reason whereof this act shall take effect and |
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17|be in full force from and after its passage and approval. |
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19| 59-1-837 EB 12/22/2022 11:33:43 AM |
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Req. No. 837 Page 4
