Req. No. 2722 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1380 By: Daniels
AS INTRODUCED
An Act relating to school employee payroll
deductions; amending 70 O.S. 2021, Section 5-139,
which relates to payroll deductions for professional
organizations; subjecting certain payroll deductions
and political contributions to certain provi sions;
prohibiting certain deductions from exceeding one
year without reauthorization; prohibiting accrual of
certain debt after certain request to terminate is
provided; creating the Teacher Paycheck Protection
Act; providing short title; requiring authorization
for professional organiza tion dues and political
contributions to be on certain form containing
certain statement; req uiring certain authorization to
include certain information; requiring a school
district to confirm certain authorization; providing
for expiration of certain auth orization if certain
action is not taken in certain school year; providing
for application of provisio ns; providing for
codification; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-139, is
amended to read as follows:
Section 5-139. School districts shall make payroll deductions
for either or both professional organization dues and politica l
contributions at the written request of any school employee subject
Req. No. 2722 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to the provisions of Section 2 of this act and shall transmit
deducted funds to the organizatio n designated by the school district
employee. Such deductions shall be on a ten -month basis unless
otherwise designated by the employee organization but shall not
exceed one (1) year without reauthorization. However, a school
employee may request at any time in writing, including by email or
fax, for the school district to immediately terminat e or initiate
payroll deductions to a professional organization. Upon rec eipt of
any written request, the school district shall within five (5)
business days or by the next pay period, whichever is earlier,
terminate or initiate any future payroll deducti ons of the
requesting school employee to a professional organization. Upo n
receipt of a written request, the school district shall notify the
professional organization of the initiation or termination of
payroll deductions within fifteen (15) business day s. If the
request is to terminate a deduction, the school district shall not
make any advance payments to any professional organization of any
future dues on behalf of the school employee, and no further deb t
from the school employee to the professional o rganization shall
accrue. No school district policy or negotiated agreeme nt shall
place any other conditions or requirements, including but not
limited to personal hand delivery, upon any employee to initiat e or
terminate any payroll deduction to a professional organization
except for a written request as outlined in this secti on or as
Req. No. 2722 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provided for in Section 2 of this act. Any school distric t policy
or provision in a negotiated agreement that places additio nal
conditions or requirements on initiation or termination be yond those
outlined in this section or as provided for in Section 2 of this act
shall be null and void. A school district which fails to terminate
payroll deductions for an employee in accordance with this section
shall immediately reimburse the employ ee the amount of all payroll
deductions made by the school district after the employee’s request,
and the amount due the employee shall double every th irty (30) days
until paid in full.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-139a of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This section shall be known and may be cited as the “Teacher
Paycheck Protection Act”.
B. Authorization for professional org anization dues and
political contributions as provided for in Section 5 -139 of Title 70
of the Oklahoma Statutes shall be on a for m prescribed by the
Secretary of Education and contain a statement in fourteen-point
boldface font reading:
“The State of Oklahoma wishes to make you aware that you have a
First Amendment right, as recognized by the U.S. Supreme Court, to
refrain from joining and paying d ues or making politica l
contributions to a professional employee organization. Membership
Req. No. 2722 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
and payment of dues or political contributions are voluntary and you
may not be discriminated against for your refusal to join or
financially support a professional employee organization or your
decision to join and pay such an organization . By signing this
form, you are authorizing your employer to deduct dues and/or
political contributions f rom your salary in the amounts specified in
accordance with your professional employee organization’s bylaws.
You may revoke this authorization at any time. ”
C. Authorization containing an employee’s full name, position,
professional organization, and signature shall be submitted to the
school district. The school district sha ll confirm the
authorization by emailing the employee ’s school district-provided
email address and shall wait for confirmation of the authorization
before starting any d eduction. If the employee does not possess a
school district-provided email address, t he school district may use
other means it deems appropriate to confirm the authorization.
D. An authorization shall expire at the start of the first full
pay period each school year unless it was authorized or reauthorized
during the previous school year.
E. The provisions of this section shall apply to any new
collective bargaining agreement or contract entered into or any
existing collective bargaining agreement or contract that is
modified, extended, af fected by a new or changed memorandum of
understanding, amendment, or is otherwise changed or altered in any
Req. No. 2722 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
way after the effective date of this act. The prov isions of this
section shall not affect any collective bargaining agreement
currently in effect, the terms of which shall remain valid until the
adoption of a new collective bargaining agreement or a modification,
extension, or alteration of an existing bargaining agreement occurs.
SECTION 3. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this resolution shall take
effect and be in full force from and after its passage and approval.
58-2-2722 EB 1/19/2022 9:05:45 AM