Bill Text For SB0634 - Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 58th Legislature (2021)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|SENATE BILL NO. 634                  By: Daniels, Bergstrom and        |
  |                                         Bullard of the Senate         |
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  |                                         and                           |
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  |                                         O'Donnell of the House        |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|          An Act relating to schools; amending 70 O.S.                 |
  |          2011, Section 5-139, as amended by Section 1,                |
12|          Chapter 193, O.S.L. 2018 (70 O.S. Supp. 2020,                |
  |          Section 5-139), which relates to payroll                     |
13|          deductions for professional organizations;                   |
  |          subjecting certain payroll deductions and                    |
14|          political contributions to certain provisions;               |
  |          prohibiting certain deductions from exceeding one            |
15|          year without reauthorization; prohibiting accrual            |
  |          of certain debt after certain request to                     |
16|          terminate is provided; requiring authorization               |
  |          for professional organization dues and political             |
17|          contributions to be on certain form containing               |
  |          certain statement; requiring certain                         |
18|          authorization to be submitted to school district;            |
  |          providing for expiration of authorization at                 |
19|          specified time; creating the Educators'                      |
  |          Professional Liability Insurance Program;                    |
20|          defining eligible employees; requiring certain               |
  |          liability coverage for employees; directing                  |
21|          Office of Management and Enterprise Services                 |
  |          (OMES) to administer program and promulgate                  |
22|          rules; authorizing OMES to contract for private              |
  |          insurance or create a self-insured risk pool;                |
23|          requiring competitive process for selecting                  |
  |          insurer; directing Legislature to appropriate                |
24|          funds for the program annually; requiring written            |
  |          notification of coverage; prescribing contents of            |
   Req. No. 8115                                                   Page 1
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 1|          notice; construing provisions; providing for                 |
  |          codification; and declaring an emergency.                    |
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 5|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 6|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 5-139, as      |
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 7|amended by Section 1, Chapter 193, O.S.L. 2018 (70 O.S. Supp. 2020,    |
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 8|Section 5-139), is amended to read as follows:                         |
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 9|    Section 5-139.  School districts shall make payroll deductions     |
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10|for either or both professional organization dues and political        |
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11|contributions at the written request of any school employee, subject   |
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12|to the provisions of Section 2 of this act, and shall transmit         |
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13|deducted funds to the organization designated by the school district   |
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14|employee.  Such deductions shall be on a ten-month basis unless        |
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15|otherwise designated by the employee professional organization but     |
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16|shall not exceed one (1) year without reauthorization.  However, a     |
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17|school employee may request at any time in writing, including by       |
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18|email or fax, for the school district to immediately terminate or      |
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19|initiate payroll deductions to a professional organization.  Upon      |
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20|receipt of any written request, the school district shall within       |
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21|five (5) business days or by the next pay period, whichever is         |
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22|earlier, terminate or initiate any future payroll deductions of the    |
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23|requesting school employee to a professional organization.  Upon       |
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24|receipt of a written request, the school district shall notify the     |
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   Req. No. 8115                                                   Page 2
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 1|professional organization of the initiation or termination of          |
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 2|payroll deductions within fifteen (15) business days.  If the          |
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 3|request is to terminate a deduction, the school district shall not     |
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 4|make any advance payments to any professional organization of any      |
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 5|future dues on behalf of the school employee, and no further debt      |
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 6|from the school employee to the professional organization shall        |
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 7|accrue.  No school district policy or negotiated agreement shall       |
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 8|place any other conditions or requirements, including but not          |
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 9|limited to personal hand delivery, upon any employee to initiate or    |
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10|terminate any payroll deduction to a professional organization         |
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11|except for a written request as outlined in this section.  Any         |
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12|school district policy or provision in a negotiated agreement that     |
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13|places additional conditions or requirements on initiation or          |
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14|termination beyond those outlined in this section shall be null and    |
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15|void.  A school district which fails to terminate payroll deductions   |
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16|for an employee in accordance with this section shall immediately      |
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17|reimburse the employee the amount of all payroll deductions made by    |
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18|the school district after the employee's request, and the amount due   |
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19|the employee shall double every thirty (30) days until paid in full.   |
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20|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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21|in the Oklahoma Statutes as Section 5-139a of Title 70, unless there   |
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22|is created a duplication in numbering, reads as follows:               |
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23|    A.  Authorization for professional organization dues and           |
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24|political contributions as provided for in Section 5-139 of Title 70   |
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   Req. No. 8115                                                   Page 3
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 1|of the Oklahoma Statutes shall be on a form prescribed by the          |
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 2|Secretary of Education and contain a statement in fourteen-point       |
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 3|boldface font reading:                                                 |
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 4|    "I am aware that I have a First Amendment right, as recognized     |
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 5|by the U.S. Supreme Court, to refrain from joining and paying dues     |
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 6|to a professional organization or making political contributions.  I   |
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 7|further realize that membership and payment of dues or political       |
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 8|contributions are voluntary and that I may not be discriminated        |
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 9|against for my refusal to join or financially support a professional   |
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10|organization.  I hereby authorize my employer to deduct dues and/or    |
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11|political contributions from my salary in the amounts specified in     |
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12|accordance with my professional organization's bylaws.  I understand   |
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13|that I may revoke this authorization at any time."                     |
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14|    B.  Authorization containing an employee's full name, position,    |
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15|professional organization and signature shall be submitted to the      |
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16|school district.                                                       |
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17|    C.  An authorization shall expire at the start of the first full   |
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18|pay period each school year.                                           |
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19|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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20|in the Oklahoma Statutes as Section 5-140.1 of Title 70, unless        |
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21|there is created a duplication in numbering, reads as follows:         |
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22|    A.  There is hereby created the Educators' Professional            |
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23|Liability Insurance Program for all school employees, including        |
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24|full-time and part-time personnel of public schools, as defined in     |
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   Req. No. 8115                                                   Page 4
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 1|Section 1-106 of Title 70 of the Oklahoma Statutes, and charter        |
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 2|schools, as defined in subsection D of Section 3-132 of Title 70 of    |
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 3|the Oklahoma Statutes.                                                 |
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 4|    B.  The program shall provide liability coverage for employees     |
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 5|up to One Million Dollars ($1 ,000,000.00) in coverage per             |
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 6|occurrence.                                                            |
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 7|    C.  The program shall be administered by the Office of             |
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 8|Management and Enterprise Services (OMES).  OMES shall promulgate      |
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 9|rules to implement the provisions of this act.                         |
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10|    D.  OMES shall be authorized to contract liability insurance       |
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11|from a licensed insurer, to create a self-insured risk pool or to      |
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12|use a combination of both.                                             |
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13|    E.  The insurance carrier providing any portion of coverage        |
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14|provided under this act shall be selected by a competitive process.    |
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15|    F.  The Legislature shall provide an annual appropriation to       |
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16|cover the costs and any associated premiums for the program.           |
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17|    G.  Each school district shall notify annually, in writing,        |
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18|eligible employees about the coverage provided by the Educators'       |
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19|Professional Liability Insurance Program.                              |
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20|    H.  OMES and the State Department of Education shall notify, in    |
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21|writing, all eligible employees about the Educators' Professional      |
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22|Liability Insurance Program.  The notice shall specifically inform     |
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23|employees that coverage is provided automatically as part of their     |
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   Req. No. 8115                                                   Page 5
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 1|employment.  The notice shall be given upon hiring and annually        |
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 2|thereafter.                                                            |
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 3|    I.  Nothing in this section shall be construed to exempt a local   |
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 4|school district from any current obligations or duties nor amend or    |
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 5|alter The Governmental Tort Claims Act provided in Sections 151        |
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 6|through 172 of Title 51 of the Oklahoma Statutes.                      |
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 7|    SECTION 4.  It being immediately necessary for the preservation    |
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 8|of the public peace, health or safety, an emergency is hereby          |
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 9|declared to exist, by reason whereof this act shall take effect and    |
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10|be in full force from and after its passage and approval.              |
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12|    58-1-8115      LRB    04/08/21                                     |
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   Req. No. 8115                                                   Page 6
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