Bill Text For SB0634 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 634                         By: Daniels, Bergstrom and        |
 2|                                         Bullard of the Senate         |
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 3|                                         and                           |
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 4|                                         O'Donnell of the House        |
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 6|       An Act relating to school employee payroll                      |
  |       deductions; amending 70 O.S. 2011, Section 5-139, as            |
 7|       amended by Section 1, Chapter 193, O.S.L. 2018 (70              |
  |       O.S. Supp. 2020, Section 5-139), which relates to               |
 8|       payroll deductions for professional organizations;              |
  |       subjecting certain payroll deductions and political             |
 9|       contributions to certain provisions; prohibiting                |
  |       certain deductions from exceeding one year without              |
10|       reauthorization; prohibiting accrual of certain debt            |
  |       after certain request to terminate is provided;                 |
11|       requiring authorization for professional organization           |
  |       dues and political contributions to be on certain               |
12|       form containing certain statement; requiring certain            |
  |       authorization to include certain information;                   |
13|       requiring a school district to confirm certain                  |
  |       authorization; providing for expiration of certain              |
14|       authorization if certain action is not taken in                 |
  |       certain school year; providing for codification; and            |
15|       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. 2011, Section 5-139, as      |
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20|amended by Section 1, Chapter 193, O.S.L. 2018 (70 O.S. Supp. 2020,    |
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21|Section 5-139), is amended to read as follows:                         |
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22|    Section 5-139.  School districts shall make payroll deductions     |
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23|for either or both professional organization dues and political        |
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24|contributions at the written request of any school employee subject    |
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 1|to the provisions of Section 2 of this act and shall transmit          |
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 2|deducted funds to the organization designated by the school district   |
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 3|employee.  Such deductions shall be on a ten-month basis unless        |
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 4|otherwise designated by the employee organization but shall not        |
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 5|exceed one (1) year without reauthorization.  However, a school        |
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 6|employee may request at any time in writing, including by email or     |
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 7|fax, for the school district to immediately terminate or initiate      |
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 8|payroll deductions to a professional organization.  Upon receipt of    |
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 9|any written request, the school district shall within five (5)         |
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10|business days or by the next pay period, whichever is earlier,         |
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11|terminate or initiate any future payroll deductions of the             |
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12|requesting school employee to a professional organization.  Upon       |
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13|receipt of a written request, the school district shall notify the     |
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14|professional organization of the initiation or termination of          |
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15|payroll deductions within fifteen (15) business days.  If the          |
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16|request is to terminate a deduction, the school district shall not     |
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17|make any advance payments to any professional organization of any      |
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18|future dues on behalf of the school employee, and no further debt      |
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19|from the school employee to the professional organization shall        |
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20|accrue.  No school district policy or negotiated agreement shall       |
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21|place any other conditions or requirements, including but not          |
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22|limited to personal hand delivery, upon any employee to initiate or    |
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23|terminate any payroll deduction to a professional organization         |
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24|except for a written request as outlined in this section.  Any         |
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 1|school district policy or provision in a negotiated agreement that     |
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 2|places additional conditions or requirements on initiation or          |
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 3|termination beyond those outlined in this section shall be null and    |
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 4|void.  A school district which fails to terminate payroll deductions   |
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 5|for an employee in accordance with this section shall immediately      |
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 6|reimburse the employee the amount of all payroll deductions made by    |
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 7|the school district after the employee's request, and the amount due   |
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 8|the employee shall double every thirty (30) days until paid in full.   |
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 9|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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10|in the Oklahoma Statutes as Section 5-139a of Title 70, unless there   |
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11|is created a duplication in numbering, reads as follows:               |
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12|    A.  Authorization for professional organization dues and           |
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13|political contributions as provided for in Section 5-139 of Title 70   |
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14|of the Oklahoma Statutes shall be on a form prescribed by the          |
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15|Secretary of Education and contain a statement in fourteen-point       |
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16|boldface font reading:                                                 |
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17|    "I am aware that I have a First Amendment right, as recognized     |
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18|by the U.S. Supreme Court, to refrain from joining and paying dues     |
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19|or making political contributions to a professional employee           |
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20|organization.  I further realize that membership and payment of dues   |
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21|or political contributions are voluntary and that I may not be         |
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22|discriminated against for my refusal to join or financially support    |
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23|a professional employee organization.  I hereby authorize my           |
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24|employer to deduct dues and/or political contributions from my         |
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 1|salary in the amounts specified in accordance with my professional     |
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 2|employee organization's bylaws.  I understand that I may revoke this   |
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 3|authorization at any time."                                            |
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 4|    B.  Authorization containing an employee's full name, position,    |
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 5|professional organization and signature shall be submitted to the      |
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 6|school district.  The school district shall confirm the                |
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 7|authorization by emailing the employee's school district-provided      |
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 8|email address and shall wait for confirmation of the authorization     |
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 9|before starting any deduction.  If the employee does not possess a     |
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10|school district-provided email address, the school district may use    |
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11|other means it deems appropriate to confirm the authorization.         |
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12|    C.  An authorization shall expire at the start of the first full   |
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13|pay period each school year unless it was authorized or reauthorized   |
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14|during the previous school year.                                       |
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15|    SECTION 3.  It being immediately necessary for the preservation    |
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16|of the public peace, health or safety, an emergency is hereby          |
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17|declared to exist, by reason whereof this act shall take effect and    |
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18|be in full force from and after its passage and approval.              |
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19|    Passed the Senate the 4th day of March, 2021.                      |
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  |                                    Presiding Officer of the Senate    |
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23|    Passed the House of Representatives the ____ day of __________,    |
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24|2021.                                                                  |
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  |                                     Presiding Officer of the House    |
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