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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 99 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 pro visions;
prohibiting certain deductions from exceeding one
year without reauthorization; prohibiting accrual of
certain debt after certain request to terminate is
provided; requiring authorization for professional
organization dues and political contributions to be
on certain form containing certain statement;
requiring certain authorization to include c ertain
information; providing for expiration of cert ain
authorization; 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 deductio ns
for either or both professional or ganization 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
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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 terminat e or
initiate payroll deductions to a professional organization. Upon
receipt of any written request, the school district s hall within
five (5) business days or by the next pay period, which ever is
earlier, terminate or initiat e any future payroll deducti ons of the
requesting school employee to a professional organization. U pon
receipt of a written request, the school distric t shall notify the
professional organization of the initiation or t ermination of
payroll deductions with in fifteen (15) business day s. If the
request is to terminate a deduction, the school district shal l 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 o rganization shall
accrue. No school district policy or negotiated agree ment shall
place any other conditions or requirement s, 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 sec tion. Any
school district policy or provision in a negotiated agreement that
places additional conditions or requirements on initiation or
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termination beyond those outlined in this section shall be null and
void. A school district which fails to terminat e payroll deductions
for an employee in accordance w ith 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 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:
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 righ t, as recognized
by the U.S. Supreme Court, to refrain from joining and paying dues
or making political contributions to a professional 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
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 profess ional organization’s bylaws. I understa nd
that I may revoke this authorizati on at any time.”
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B. Authorization containing an employee’s full 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. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason wher eof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-51 EB 1/3/2023 8:35:34 AM