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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1940 By: Dahm
AS INTRODUCED
An Act relating to state employees; defining term;
permitting certain payroll deductions by public
employer; allowing employee to revoke p ermission for
deduction from public employer; pr ohibiting payroll
deductions not allowed by law; allowing public
employer to develop certain guidelines and policies
for deductions; prohibiting provisions fr om denying
employee from contributing in other ways; terminating
deductions after passage unless certified; providing
for penalties; authorizing persons to seek certain
remedy; providing for severability; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 284.3 of Title 74, unless there
is created a duplication in numbe ring, reads as follows:
A. For the purposes of this act, “public employer” means any
state or local government, municipal, or government corporation,
government agency, government commission, government
instrumentality, government board, government department, government
branch, government authority, sch ool board of a district, any other
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political subdivision of this state, or special p urpose department,
or organization that employs one or more pers ons in any capacity.
B. The following categories of payro ll deductions by public
employers are permitted fo r all public employees:
1. Those deductions required by law including, but not limited
to, federal and state income ta xes, federal social security, and
Medicare taxes;
2. Those for the benefit of charitable organizations described
in Section 501 (c)(3) of the Internal Revenue Co de; and
3. Those which primarily fund savings , insurance, and other
similar benefits including, but not limited to, United States
Savings Bonds, deferred compensation, and disability, life, hea lth,
and retirement benefits; provided, programs in this paragraph shall
include only those permissible for an employee benefit plan as
defined in 29 U.S.C., Section 1002(3).
C. A signed, written prior authorization from the employee is
required for any deduction pursuant to para graphs 2 or 3 of
subsection B of this section and that authorization may be revoked
in writing at any time and shall take effect on the second payr oll
deduction occurring after the public employer receives the written
revocation notice.
D. Payroll deduction for any other purpose or organi zation is
unlawful and prohibited. A public employer may develop guidelines
and policies governing deductions for paragraph 2 or 3 of s ubsection
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B of this section in order to avoid u nduly burdensome financial or
administrative costs resulting from authorized reduc tions.
E. Notwithstanding any other statute, regulation, contract, or
practice, nothing in this or any other law of this state shall
permit payroll deductions of any kind , except as provided in
subsection B of this section. Nothing in this section or any other
law of this state shall prevent a public employee from personally
and voluntarily contributing to an organization or entity direct ly
for which payroll deductions are prohibited in subsection D of this
section.
F. Payroll deductions currently author ized shall terminate one
month following the effective date of this act unless the recipient
of such deducted amount is certified by the public employer as
qualified to receive payroll deductions under subsection B of this
section.
G. Any person, corporation, association, organization, entity,
or public employer who violat es any provisions of this act shall be
assessed a civil penalty not less than One Hundre d Dollars ($100.00)
nor more than One Thousand Dollars ($1,000.00) for the first
violation and an amount no less than Five Hundred Dollars ( $500.00)
nor more than Five Thou sand Dollars ($5,000.00) for each subse quent
violation. Each act of violation shall constit ute a separate
violation.
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H. Any person, corporation, association, organization, entity,
or public employer who directly or indirectly violates any portion
of this section shall be guilty of a misdemeanor.
I. Any person aggrieved as a result of any v iolation or
threatened violation of any provision of this section may seek
abatement of the vio lation or threatened violation by petitioning a
court of competent jurisdiction within one (1) year from the date of
the alleged violation for injunctive relief and shall be entitled to
costs and reasonable attorney fees if h e or she prevails in the
action.
J. Any person aggrieved as a result of any violation or
threatened violation of this section may bring an action in a court
of competent jurisdiction within one (1) year from the date of the
alleged violation to recover al l damages resulting from the
violation or threatened violation and shall be entitle d to costs and
reasonable attorney fees if he or she prevails in the action.
K. If any provisions of this section , or the application of th e
provisions to any person or circumstance, shall be held invalid, the
remainder of this section, and the applic ation of the provisions to
persons or circumstance o ther than those to which it is invalid,
shall not be affected.
SECTION 2. This act shall become effective No vember 1, 2024.
59-2-3146 MR 1/18/2024 12:17:36 PM