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ENGROSSED SENATE
BILL NO. 99 By: Daniels of the Senate
and
Lepak of the House
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; requiring certain authorization to
include certain information; providing for expiration
of certain authorization; directing applicability of
certain provisions after certain date; and providing
for codification.
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 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
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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 and as
outlined in Section 2 of this act . Any school district policy or
provision in a negotiated agreement that places additional
conditions or requirements on initiation or termination be yond those
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outlined in this section and as outlined 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 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 form prescribed by the
Superintendent of Pub lic Instruction.
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 f ull
pay period each school year.
D. The provisions of this section and Section 5-139 of Title 70
of the Oklahoma Statutes shall apply to any new or mod ified
collective bargaining agreement entered into after the effective
date of this act.
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Passed the Senate the 13th day of March, 2023.
Presiding Officer of the Senat e
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives