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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 634 By: Daniels and Bergstrom of
the Senate
and
O’Donnell of the House
COMMITTEE SUBSTITUTE
An Act relating to school employee payroll
deductions; amending 70 O.S. 2011, Section 5-139, as
amended by Section 1, Chapter 193, O.S.L . 2018 (70
O.S. Supp. 2020, Section 5-139), which relates to
payroll deductions for professional organizations;
subjecting certain payroll deductions and poli tical
contributions to certain provisions; proh ibiting
certain deductions from exceeding one year without
reauthorization; prohibiting accrual of certain debt
after certain request to terminate is provided;
requiring authorization for professional organiza tion
dues and political cont ributions 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
authorization if certain action is not taken in
certain school year; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 70 O.S. 2011, Section 5-139, as
amended by Section 1, Chapter 193, O.S.L. 2018 (70 O.S. Su pp. 2020,
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
to the provisions of Section 2 of this a ct and shall transmit
deducted funds to the organization 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 withi n 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 no tify 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 organizati on of any
future dues on behalf of the school employee , and no further debt
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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 initiate or
terminate any payroll deduction to a professional organization
except for a written request as outlined in this secti on. Any
school district policy or provision in a negot iated agreement that
places additional conditions or requirements on initiation or
termination beyond those outlined in this section shall be null and
void. A school district which fails to terminate payroll deductions
for an employee in accordance with t his 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. Authorization for professional organization 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:
“I am aware that I have a First Amendment right , as recognized
by the U.S. Supreme Court, to refrain from joining and paying dues
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or making political contributions to a professional employee
organization. I further realize that membership and payment of dues
or political contributions are voluntary and that I may not be
discriminated against for my refusal to join or financially support
a professional employee organization . I hereby authorize my
employer to deduct dues and/or political contributions f rom my
salary in the amounts specified in accordance with my professional
employee organization’s bylaws. I understand that I may revoke this
authorization at any time. ”
B. Authorization containing an employee’s full name, position,
professional organization and signature shall be submitted to the
school district. The school district shall 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, the school district may use
other means it deems appropriate to confirm the authorization.
C. An authorization shall expire at the start of the first full
pay period each school year unless it was authorized or re authorized
during the previous school year.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage an d approval.
58-1-1878 EB/TEK 2/23/2021 12:00:18 PM