Bill Text For SB0099 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 28, 2023                            |
 2|                                                                       |
  |                                                                       |
 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 4|SENATE BILL NO. 99                   By: Daniels                       |
  |                                                                       |
 5|                                                                       |
  |                                                                       |
 6|                                                                       |
  |                                                                       |
 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; requiring certain authorization to             |
  |       include certain information; providing for expiration           |
13|       of certain authorization; directing applicability of            |
  |       certain provisions after certain date; providing for            |
14|       codification; and declaring an emergency.                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
  |                                                                       |
18|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 5-139, is      |
  |                                                                       |
19|amended to read as follows:                                            |
  |                                                                       |
20|    Section 5-139.  School districts shall make payroll deductions     |
  |                                                                       |
21|for either or both professional organization dues and political        |
  |                                                                       |
22|contributions at the written request of any school employee subject    |
  |                                                                       |
23|to the provisions of Section 2 of this act and shall transmit          |
  |                                                                       |
24|deducted funds to the organization designated by the school district   |
  |                                                                       |
arsid6895125 SENATE FLOOR VERSION - SB99 SFLR                      Page 1
___________________________________________________________________________

 1|employee.  Such deductions shall be on a ten-month basis unless        |
  |                                                                       |
 2|otherwise designated by the employee professional organization but     |
  |                                                                       |
 3|shall not exceed one (1) year without reauthorization.  However, a     |
  |                                                                       |
 4|school employee may request at any time in writing, including by       |
  |                                                                       |
 5|email or fax, for the school district to immediately terminate or      |
  |                                                                       |
 6|initiate payroll deductions to a professional organization.  Upon      |
  |                                                                       |
 7|receipt of any written request, the school district shall within       |
  |                                                                       |
 8|five (5) business days or by the next pay period, whichever is         |
  |                                                                       |
 9|earlier, terminate or initiate any future payroll deductions of the    |
  |                                                                       |
10|requesting school employee to a professional organization.  Upon       |
  |                                                                       |
11|receipt of a written request, the school district shall notify the     |
  |                                                                       |
12|professional organization of the initiation or termination of          |
  |                                                                       |
13|payroll deductions within fifteen (15) business days.  If the          |
  |                                                                       |
14|request is to terminate a deduction, the school district shall not     |
  |                                                                       |
15|make any advance payments to any professional organization of any      |
  |                                                                       |
16|future dues on behalf of the school employee, and no further debt      |
  |                                                                       |
17|from the school employee to the professional organization shall        |
  |                                                                       |
18|accrue.  No school district policy or negotiated agreement shall       |
  |                                                                       |
19|place any other conditions or requirements, including, but not         |
  |                                                                       |
20|limited to, personal hand delivery, upon any employee to initiate or   |
  |                                                                       |
21|terminate any payroll deduction to a professional organization         |
  |                                                                       |
22|except for a written request as outlined in this section and as        |
  |                                                                       |
23|outlined in Section 2 of this act.  Any school district policy or      |
  |                                                                       |
24|provision in a negotiated agreement that places additional             |
  |                                                                       |
arsid6895125 SENATE FLOOR VERSION - SB99 SFLR                      Page 2
___________________________________________________________________________

 1|conditions or requirements on initiation or termination beyond those   |
  |                                                                       |
 2|outlined in this section and as outlined in Section 2 of this act      |
  |                                                                       |
 3|shall be null and void.  A school district which fails to terminate    |
  |                                                                       |
 4|payroll deductions for an employee in accordance with this section     |
  |                                                                       |
 5|shall immediately reimburse the employee the amount of all payroll     |
  |                                                                       |
 6|deductions made by the school district after the employee's request,   |
  |                                                                       |
 7|and the amount due the employee shall double every thirty (30) days    |
  |                                                                       |
 8|until paid in full.                                                    |
  |                                                                       |
 9|    SECTION 2.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
10|in the Oklahoma Statutes as Section 5-139a of Title 70, unless there   |
  |                                                                       |
11|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
12|    A.  Authorization for professional organization dues and           |
  |                                                                       |
13|political contributions as provided for in Section 5-139 of Title 70   |
  |                                                                       |
14|of the Oklahoma Statutes shall be on a form prescribed by the          |
  |                                                                       |
15|Superintendent of Public Instruction.                                  |
  |                                                                       |
16|    B.  Authorization containing an employee's full name, position,    |
  |                                                                       |
17|professional organization, and signature shall be submitted to the     |
  |                                                                       |
18|school district.                                                       |
  |                                                                       |
19|    C.  An authorization shall expire at the start of the first full   |
  |                                                                       |
20|pay period each school year.                                           |
  |                                                                       |
21|    D.  The provisions of this section and Section 5-139 of Title 70   |
  |                                                                       |
22|of the Oklahoma Statutes shall apply to any new or modified            |
  |                                                                       |
23|collective bargaining agreement entered into after the effective       |
  |                                                                       |
24|date of this act.                                                      |
  |                                                                       |
arsid6895125 SENATE FLOOR VERSION - SB99 SFLR                      Page 3
___________________________________________________________________________

 1|    SECTION 3.  It being immediately necessary for the preservation    |
  |                                                                       |
 2|of the public peace, health, or safety, an emergency is hereby         |
  |                                                                       |
 3|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
 4|be in full force from and after its passage and approval.              |
  |                                                                       |
 5|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |February 28, 2023 - DO PASS AS AMENDED BY CS                           |
 6|                                                                       |
  |                                                                       |
 7|                                                                       |
  |                                                                       |
 8|                                                                       |
  |                                                                       |
 9|                                                                       |
  |                                                                       |
10|                                                                       |
  |                                                                       |
11|                                                                       |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid6895125 SENATE FLOOR VERSION - SB99 SFLR                      Page 4
© 2010-24 Quorum Call, LLC. ALL RIGHTS RESERVED.

As provided by this agreement access to bill tracking / capitol news services is restricted to the registered User. The User shall have no right to divulge, publish, loan, give or sell any of the information provided under this agreement. Information retrieved from system may not be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of Quorum Call, LLC. All other rights reserved. If a person uses a copyrighted work without permission of the rights holder, he or she is open to a charge of copyright infringement. Additional terms and conditions governing the access to and use of Quorum Call website and the services and materials provided by Quorum Call are set forth in the Quorum Call Subscriber Agreement posted on the Quorum Call website.