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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 634 By: Daniels, Bergstrom and
Bullard of the Senate
and
O'Donnell, McDugle and
Lepak of the House
COMMITTEE SUBSTITUTE
An Act relating to schools; 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
political contributions to certain provisions;
prohibiting certain deductions from exceeding one
year without reauthorization; prohibiting accrual
of certain debt after certain request to
terminate is provided; requi ring authorization
for professional organization dues and political
contributions to be on certain form containing
certain statement; requiring certain
authorization to be submitted to school district;
providing for expiration of authorization at
specified time; creating the Educators'
Professional Liability Insurance Program;
defining eligible employees; requiring certain
liability coverage for employees; directing
Office of Management and Enterprise Services
(OMES) to administer program and promulgate
rules; authorizing OMES to contract for private
insurance or create a self -insured risk pool;
requiring competitive process for selecting
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insurer; directing Legislature to appropriate
funds for the program annually; requiring written
notification of coverage; prescribing contents of
notice; construing provisions; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 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), is amended to read as follows:
Section 5-139. School districts shall make payroll deductions
for either or both professional organization dues and political
contributions at the written request of any school employee , subject
to the provisions of Section 2 of this act, 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 professional 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 terminate or
initiate payroll deductions to a professional organization. Upon
receipt 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 deductions of the
requesting school employee to a professional organization. Upon
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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 days. 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 debt
from the school employee to the professional organiz ation shall
accrue. No school district policy or negotiated agreement 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 section. Any
school district policy or provision in a negotiated 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 this section shall immediately
reimburse the employee the amount of all payroll deductions made by
the school district after the emplo yee’s request, and the amount due
the employee shall double every thirty (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:
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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 form 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
to a professional organization or making political con tributions. 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
organization. I hereby authorize my employ er to deduct dues and/or
political contributions from my salary in the amounts specified in
accordance with my professional organization’s bylaws. I understand
that I may revoke this authorization at any time.”
B. Authorization containing an employee’s f ull name, position,
professional organization and signature shall be submitted to the
school district.
C. An authorization shall expire at the start of the first full
pay period each school year.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5 -140.1 of Title 70, unless
there is created a duplication in numbering, reads as follows:
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A. There is hereby created the Educators' Professional
Liability Insurance Program for all school employee s, including
full-time and part-time personnel of public schools, as defined in
Section 1-106 of Title 70 of the Oklahoma Statutes, and charter
schools, as defined in subsection D of Section 3 -132 of Title 70 of
the Oklahoma Statutes.
B. The program shall provide liability coverage for employees
up to One Million Dollars ($1 ,000,000.00) in coverage per
occurrence.
C. The program shall be administered by the Office of
Management and Enterprise Services (OMES). OMES shall promulgate
rules to implement t he provisions of this act.
D. OMES shall be authorized to contract liability insurance
from a licensed insurer, to create a self -insured risk pool or to
use a combination of both.
E. The insurance carrier providing any portion of coverage
provided under this act shall be selected by a competitive process.
F. The Legislature shall provide an annual appropriation to
cover the costs and any associated premiums for the program.
G. Each school district shall notify annually, in writing,
eligible employees ab out the coverage provided by the Educators'
Professional Liability Insurance Program.
H. OMES and the State Department of Education shall notify, in
writing, all eligible employees about the Educators' Professional
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Liability Insurance Program. The notice shall specifically inform
employees that coverage is provided automatically as part of their
employment. The notice shall be given upon hiring and annually
thereafter.
I. Nothing in this section shall be construed to exempt a local
school district from any current obligations or duties nor amend or
alter The Governmental Tort Claims Act provided in Sections 151
through 172 of Title 51 of the Oklahoma Statutes.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/08/2021 - DO PASS,
As Amended and Coauthored.