Author: Kim Montgomery
Last saved by: Gina Delaney
Company: Senate

STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 824	By:	Branan

AS INTRODUCED

An Act relating to schools; amending 70 O.S. 2001, Section 5-139, as amended by Section 1, Chapter 132, O.S.L. 2005 (70 O.S. Supp. 2008, Section 5-139), which relates to employee payroll deductions; removing authorization for deduction of professional organization dues; prohibiting use of school district personnel, equipment, materials, or buildings by certain organization; defining terms; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 5-139, as amended by Section 1, Chapter 132, O.S.L. 2005 (70 O.S. Supp. 2008, 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 upon the request of any school employee 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 organization.  ~~However, a school employee may request in writing at any time for the school district to immediately terminate or initiate payroll deductions to a professional organization.  Upon receipt of a 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 receipt of a 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.~~
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5-149 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  No school district shall allow use of school personnel, equipment, materials, or buildings by any employee organization recognized by the district pursuant to Section 509.11 of Title 70 of the Oklahoma Statutes.
B.  For purposes of this section, “school personnel, equipment, materials, or buildings” means the following:
a.	“personnel” means persons employed by the school district whether they are salaried employees or nonsalaried volunteers,
b.	“equipment” includes, but is not limited to, copiers, bulletin boards, telephones, automatic dialing devices, facsimile machines, computers, mailboxes, furniture, vehicles, postage meters, and Internet connections.  The term shall also include any district communication networks, such as school newsletters, public announcement systems or devices, web pages, and advertising space in student newspapers,
c.	“materials” means supplies or tools including, but not limited to, paper, labels, facsimile paper, pens, pencils, markers, paints, art supplies, food, cafeteria supplies, and postage, and
d.	“buildings” means buildings owned or leased by the school district.  The term shall also include real or personal property owned or leased by a school district including, but not limited to, playing fields, parking lots, walls, and fencing.
SECTION 3.  This act shall become effective July 1, 2009.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and 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.

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