Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB634 Compare Versions

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Version 2 (New)

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3		-	SB634 HFLR Page 1
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	3	+	ENGR. S. B. NO. 634 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 58th Legislature (2021)
34		-
35		-	COMMITTEE SUBSTITUTE
36		-	FOR ENGROSSED
37		-	SENATE BILL NO. 634 By: Daniels, Bergstrom and
	28	+	ENGROSSED SENATE
	29	+	BILL NO. 634 By: Daniels, Bergstrom and
38	30		Bullard of the Senate
39	31
40	32		and
41	33
42		-	O'Donnell, McDugle and
43		-	Lepak of the House
	34	+	O’Donnell of the House
	35	+
	36	+
	37	+
	38	+	An Act relating to school employee payroll
	39	+	deductions; amending 70 O.S. 2011, Section 5-139, as
	40	+	amended by Section 1, Chapter 193, O.S.L. 2018 (70
	41	+	O.S. Supp. 2020, Section 5-139), which relates to
	42	+	payroll deductions for professional organizations;
	43	+	subjecting certain payroll deductions and poli tical
	44	+	contributions to certain provi sions; prohibiting
	45	+	certain deductions from exceeding one year without
	46	+	reauthorization; prohibiting accrual of certain debt
	47	+	after certain request to terminate is provided;
	48	+	requiring authorization for professional organiza tion
	49	+	dues and political cont ributions to be on certain
	50	+	form containing certain statement; req uiring certain
	51	+	authorization to include certain information;
	52	+	requiring a school district to confirm certain
	53	+	authorization; providing for expiration of certain
	54	+	authorization if certain action is not t aken in
	55	+	certain school year; providing for codification; and
	56	+	declaring an emergency.
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49		-	COMMITTEE SUBSTITUTE
	62	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	63	+	SECTION 1. AMENDATORY 70 O.S. 2011, Section 5-139, as
	64	+	amended by Section 1, Chapter 193, O.S.L. 2018 (70 O.S. Su pp. 2020,
	65	+	Section 5-139), is amended to read as follows:
	66	+	Section 5-139. School districts shall make payroll deductions
	67	+	for either or both professional organization dues and politica l
	68	+	contributions at the written request of any school employee subject
50	69
51		-	An Act relating to schools; amending 70 O.S.
52		-	2011, Section 5-139, as amended by Section 1,
53		-	Chapter 193, O.S.L. 2018 (70 O.S. Supp. 2020,
54		-	Section 5-139), which relates to payroll
55		-	deductions for professional organizations;
56		-	subjecting certain payroll deductions and
57		-	political contributions to certain provisions;
58		-	prohibiting certain deductions from exceeding one
59		-	year without reauthorization; prohibiting accrual
60		-	of certain debt after certain request to
61		-	terminate is provided; requi ring authorization
62		-	for professional organization dues and political
63		-	contributions to be on certain form containing
64		-	certain statement; requiring certain
65		-	authorization to be submitted to school district;
66		-	providing for expiration of authorization at
67		-	specified time; creating the Educators'
68		-	Professional Liability Insurance Program;
69		-	defining eligible employees; requiring certain
70		-	liability coverage for employees; directing
71		-	Office of Management and Enterprise Services
72		-	(OMES) to administer program and promulgate
73		-	rules; authorizing OMES to contract for private
74		-	insurance or create a self -insured risk pool;
75		-	requiring competitive process for selecting
76		-
77		-	SB634 HFLR Page 2
78		-	BOLD FACE denotes Committee Amendments. 1
	70	+	ENGR. S. B. NO. 634 Page 2 1
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103		-	insurer; directing Legislature to appropriate
104		-	funds for the program annually; requiring written
105		-	notification of coverage; prescribing contents of
106		-	notice; construing provisions; providing for
107		-	codification; and declaring an emergency.
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113		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
114		-	SECTION 1. AMENDATORY 70 O.S. 2011, Section 5 -139, as
115		-	amended by Section 1, Chapter 193, O.S.L. 2018 (70 O.S. Supp. 2020,
116		-	Section 5-139), is amended to read as follows:
117		-	Section 5-139. School districts shall make payroll deductions
118		-	for either or both professional organization dues and political
119		-	contributions at the written request of any school employee , subject
120		-	to the provisions of Section 2 of this act, and shall transmit
	95	+	to the provisions of Section 2 of this act and shall transmit
121	96		deducted funds to the organization designated by the school district
122	97		employee. Such deductions shall be on a ten -month basis unless
123		-	otherwise designated by the employee ~~professional~~ organization but
124		-	~~shall not~~ exceed one (1) year without reauthorization . However, a
125		-	~~school~~ employee may request at any time in writing, including by
126		-	~~email or~~ fax, for the school district to immediately ~~terminate~~ or
127		-	~~initiate~~ payroll deductions to a professional organization. Upon
128		-	~~receipt of~~ any written request, the school district shall ~~within~~
129		-	~~five (5)~~ business days or by the next pay period, whichever is
130		-	~~earlier,~~ terminate or initiate any future payroll ~~deductions~~ of the
	98	+	otherwise designated by the employee organization but shall not
	99	+	exceed one (1) year without reauthorization. However, a school
	100	+	employee may request at any time in writing , including by email or
	101	+	fax, for the school district to immediately terminat e or initiate
	102	+	payroll deductions to a professional organization. Upon rec eipt of
	103	+	any written request, the school district shall withi n five (5)
	104	+	business days or by the next pay period, whichever is earlier,
	105	+	terminate or initiate any future payroll deducti ons of the
131	106		requesting school employee to a professional organization. Upo n
	107	+	receipt of a written request, the school district shall no tify the
	108	+	professional organization of the initiation or termination of
	109	+	payroll deductions within fifteen (15) business day s. If the
	110	+	request is to terminate a deduction, the school district shall not
	111	+	make any advance payments to any professional organizati on of any
	112	+	future dues on behalf of the school employee , and no further debt
	113	+	from the school employee to the professional o rganization shall
	114	+	accrue. No school district policy or negotiated agreeme nt shall
	115	+	place any other conditions or requirements, including but not
	116	+	limited to personal hand delivery, upon any employee to initiate or
	117	+	terminate any payroll deduction to a professional organization
	118	+	except for a written request as outlined in this secti on. Any
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133		-	SB634 HFLR Page 3
134		-	BOLD FACE denotes Committee Amendments. 1
	120	+	ENGR. S. B. NO. 634 Page 3 1
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159		-	receipt of a written request, the school district shall notify the
160		-	professional organization of the initiation or termination of
161		-	payroll deductions within fifteen (15) business days. If the
162		-	request is to terminate a deduction, the school district shall not
163		-	make any advance payments to any professional organization of any
164		-	future dues on behalf of the school employee , and no further debt
165		-	from the school employee to the professional organiz ation shall
166		-	accrue. No school district policy or negotiated agreement shall
167		-	place any other conditions or requirements, including but not
168		-	limited to personal hand delivery, upon any employee to initiate or
169		-	terminate any payroll deduction to a professional organization
170		-	except for a written request as outlined in this section. Any
171	145		school district policy or provision in a negotiated agreement that
172	146		places additional conditions or requirements on initiation or
173	147		termination beyond those outlined in this section shall be null and
174	148		void. A school district which fails to terminate payroll deductions
175	149		for an employee in accordance with this section shall immediately
176	150		reimburse the employ ee the amount of all payroll deductions made by
177	151		the school district after the employee’s request, and the amount due
178	152		the employee shall double every th irty (30) days until pa id in full.
179	153		SECTION 2. NEW LAW A new section of law to be codified
180	154		in the Oklahoma Statutes as Section 5-139a of Title 70, unless there
181	155		is created a duplication in numbering, reads as follows:
	156	+	A. Authorization for professional orga nization dues and
	157	+	political contributions as provided for in Section 5 -139 of Title 70
	158	+	of the Oklahoma Statutes shall be on a for m prescribed by the
	159	+	Secretary of Education and contain a statement in fourteen-point
	160	+	boldface font reading:
	161	+	“I am aware that I have a First Amendment right, as recognized
	162	+	by the U.S. Supreme Court, to refrain from joining and paying dues
	163	+	or making political contributions to a professional employee
	164	+	organization. I further realize that membership and payment of dues
	165	+	or political contributions are voluntary and that I may not be
	166	+	discriminated against for my refusal to join or financially support
	167	+	a professional employee organization . I hereby authorize my
	168	+	employer to deduct dues and/or political contributions f rom my
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183		-	SB634 HFLR Page 4
184		-	BOLD FACE denotes Committee Amendments. 1
	170	+	ENGR. S. B. NO. 634 Page 4 1
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209		-	A. Authorization for professional organization dues and
210		-	political contributions as provided for in Section 5 -139 of Title 70
211		-	of the Oklahoma Statutes shall be on a form prescribed by the
212		-	Secretary of Education and contain a statement in fourteen -point
213		-	boldface font reading:
214		-	“I am aware that I have a First Amendment right, as recognized
215		-	by the U.S. Supreme Court, to refrain from joining and paying dues
216		-	to a professional organization or making political con tributions. I
217		-	further realize that membership and payment of dues or political
218		-	contributions are voluntary and that I may not be discriminated
219		-	against for my refusal to join or financially support a professional
220		-	organization. I hereby authorize my employ er to deduct dues and/or
221		-	political contributions from my salary in the amounts specified in
222		-	accordance with my professional organization’s bylaws. I understand
223		-	that I may revoke this authorization at any time.”
	195	+	salary in the amounts specified in accordance with my professional
	196	+	employee organization’s bylaws. I understand that I may revoke this
	197	+	authorization at any time. ”
224	198		B. Authorization containing an employee’s full name, position,
225	199		professional organization and signature shall be submitted to the
226		-	school district.
	200	+	school district. The school district shall confirm the
	201	+	authorization by emailing the employee ’s school district-provided
	202	+	email address and shall wait for confirmation of the authorization
	203	+	before starting any d eduction. If the employee does not possess a
	204	+	school district-provided email address, the school district may use
	205	+	other means it deems appropriate to confirm the authorization.
227	206		C. An authorization shall expire at the start of the first full
228		-	pay period each school year.
229		-	SECTION 3. NEW LAW A new section of law to be codified
230		-	in the Oklahoma Statutes as Section 5 -140.1 of Title 70, unless
231		-	there is created a duplication in numbering, reads as follows:
	207	+	pay period each school year unless it was authorized or reauthorized
	208	+	during the previous school year.
	209	+	SECTION 3. It being immediately necessary for the preservation
	210	+	of the public peace, health or safety, an emergency is hereby
	211	+	declared to exist, by reason whereof thi s act shall take effect and
	212	+	be in full force from and after its passage an d approval.
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233		-	SB634 HFLR Page 5
234		-	BOLD FACE denotes Committee Amendments. 1
	214	+	ENGR. S. B. NO. 634 Page 5 1
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259		-	A. There is hereby created the Educators' Professional
260		-	Liability Insurance Program for all school employee s, including
261		-	full-time and part-time personnel of public schools, as defined in
262		-	Section 1-106 of Title 70 of the Oklahoma Statutes, and charter
263		-	schools, as defined in subsection D of Section 3 -132 of Title 70 of
264		-	the Oklahoma Statutes.
265		-	B. The program shall provide liability coverage for employees
266		-	up to One Million Dollars ($1 ,000,000.00) in coverage per
267		-	occurrence.
268		-	C. The program shall be administered by the Office of
269		-	Management and Enterprise Services (OMES). OMES shall promulgate
270		-	rules to implement t he provisions of this act.
271		-	D. OMES shall be authorized to contract liability insurance
272		-	from a licensed insurer, to create a self -insured risk pool or to
273		-	use a combination of both.
274		-	E. The insurance carrier providing any portion of coverage
275		-	provided under this act shall be selected by a competitive process.
276		-	F. The Legislature shall provide an annual appropriation to
277		-	cover the costs and any associated premiums for the program.
278		-	G. Each school district shall notify annually, in writing,
279		-	eligible employees ab out the coverage provided by the Educators'
280		-	Professional Liability Insurance Program.
281		-	H. OMES and the State Department of Education shall notify, in
282		-	writing, all eligible employees about the Educators' Professional
	239	+	Passed the Senate the 4th day of March, 2021.
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310		-	Liability Insurance Program. The notice shall specifically inform
311		-	employees that coverage is provided automatically as part of their
312		-	employment. The notice shall be given upon hiring and annually
313		-	thereafter.
314		-	I. Nothing in this section shall be construed to exempt a local
315		-	school district from any current obligations or duties nor amend or
316		-	alter The Governmental Tort Claims Act provided in Sections 151
317		-	through 172 of Title 51 of the Oklahoma Statutes.
318		-	SECTION 4. It being immediately necessary for the preservation
319		-	of the public peace, health or safety, an emergency is hereby
320		-	declared to exist, by reason whereof this act shall take effect and
321		-	be in full force from and after its passage and approval.
322	242
323		-	COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/08/2021 - DO PASS,
324		-	As Amended and Coauthored.
	243	+	Presiding Officer of the Senate
	244	+
	245	+
	246	+	Passed the House of Representatives the ____ day of __________,
	247	+	2021.
	248	+
	249	+
	250	+
	251	+	Presiding Officer of the House
	252	+	of Representatives
	253	+