1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 99 By: Daniels |
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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; providing for expiration of certain |
| authorization; providing for codification; and |
14| 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 70 O.S. 2021, Section 5-139, is |
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19|amended to read as follows: |
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20| Section 5-139. School districts shall make payroll deductions |
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21|for either or both professional organization dues and political |
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22|contributions at the written request of any school employee subject |
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23|to the provisions of Section 2 of this act and shall transmit |
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24|deducted funds to the organization designated by the school district |
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1|employee. Such deductions shall be on a ten-month basis unless |
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2|otherwise designated by the employee professional organization but |
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3|shall not exceed one (1) year without reauthorization. However, a |
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4|school employee may request at any time in writing, including by |
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5|email or fax, for the school district to immediately terminate or |
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6|initiate payroll deductions to a professional organization. Upon |
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7|receipt of any written request, the school district shall within |
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8|five (5) business days or by the next pay period, whichever is |
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9|earlier, terminate or initiate any future payroll deductions of the |
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10|requesting school employee to a professional organization. Upon |
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11|receipt of a written request, the school district shall notify the |
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12|professional organization of the initiation or termination of |
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13|payroll deductions within fifteen (15) business days. If the |
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14|request is to terminate a deduction, the school district shall not |
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15|make any advance payments to any professional organization of any |
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16|future dues on behalf of the school employee, and no further debt |
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17|from the school employee to the professional organization shall |
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18|accrue. No school district policy or negotiated agreement shall |
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19|place any other conditions or requirements, including but not |
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20|limited to personal hand delivery, upon any employee to initiate or |
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21|terminate any payroll deduction to a professional organization |
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22|except for a written request as outlined in this section. Any |
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23|school district policy or provision in a negotiated agreement that |
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24|places additional conditions or requirements on initiation or |
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1|termination beyond those outlined in this section shall be null and |
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2|void. A school district which fails to terminate payroll deductions |
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3|for an employee in accordance with this section shall immediately |
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4|reimburse the employee the amount of all payroll deductions made by |
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5|the school district after the employee's request, and the amount due |
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6|the employee shall double every thirty (30) days until paid in full. |
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7| SECTION 2. NEW LAW A new section of law to be codified |
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8|in the Oklahoma Statutes as Section 5-139a of Title 70, unless there |
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9|is created a duplication in numbering, reads as follows: |
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10| A. Authorization for professional organization dues and |
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11|political contributions as provided for in Section 5-139 of Title 70 |
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12|of the Oklahoma Statutes shall be on a form prescribed by the |
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13|Secretary of Education and contain a statement in fourteen-point |
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14|boldface font reading: |
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15| "I am aware that I have a First Amendment right, as recognized |
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16|by the U.S. Supreme Court, to refrain from joining and paying dues |
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17|or making political contributions to a professional organization. I |
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18|further realize that membership and payment of dues or political |
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19|contributions are voluntary and that I may not be discriminated |
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20|against for my refusal to join or financially support a professional |
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21|organization. I hereby authorize my employer to deduct dues and/or |
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22|political contributions from my salary in the amounts specified in |
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23|accordance with my professional organization's bylaws. I understand |
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24|that I may revoke this authorization at any time." |
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1| B. Authorization containing an employee's full name, position, |
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2|professional organization, and signature shall be submitted to the |
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3|school district. |
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4| C. An authorization shall expire at the start of the first full |
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5|pay period each school year. |
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6| SECTION 3. It being immediately necessary for the preservation |
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7|of the public peace, health, or safety, an emergency is hereby |
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8|declared to exist, by reason whereof this act shall take effect and |
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9|be in full force from and after its passage and approval. |
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11| 59-1-51 EB 1/3/2023 9:57:51 AM |
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