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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4452 By: Lepak
AS INTRODUCED
An Act relating to school employees; prohibiting
specified existing organizations from continuing to
represent employees after certain date; requiring a
school district board of education to hold secret
ballot election; directing the board of education to
conduct in person elections; authorizing the board of
education to establish a fee schedule to fund the
election; eliminating recognition of organization if
it fails to receive a majority of votes; providing
for continuation of contract terms if an organization
is eliminated; providing exception; allowing board of
education to recognize a new employee organization
under certain circumstances; providing requirements
for elections to certify majority support; amending
70 O.S. 2021, Section 5-139, which relates to payroll
deductions; prohibiting certain payroll deductions;
amending 62 O.S. 2021, Section 34.70.1, which relates
to state agency payroll deductions; modifying
prohibition against payroll deductions on behalf of
certain employees for certain membership dues;
modifying date of application; providing for
codification; providing an effective date; and
declaring an emergency.
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 509.13 of Title 70, unless there
is created a duplication in numbering, reads as follows:
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A. No existing employee organization established pursuant to
the provisions of Section 509.2 of Title 70 of the Oklahoma Statutes
shall continue to represent employees as defined in Section 509.2 or
1-116 of Title 70 of the Oklahoma Statutes after December 31, 2020,
except as provided for in this section.
B. 1. A school district board of education shall hold a secret
ballot election for all employees in any bargaining unit represented
by an existing employee organization to determine whether the
organization retains support of a majority of all employees in the
bargaining unit.
2. The school district board of education shall conduct
elections in person with valid government-issued identification.
The board of education shall allow employees in the bargaining unit
to cast ballots for three (3) business days, excluding weekends,
holidays, or any day school is not in session.
3. Elections shall use only paper ballots and shall have a five
(5) day period for challenging election results. The board of
education shall prescribe rules for submitting and reviewing
election result challenges.
4. The school district board of education may establish a fee
schedule, consistent with the provisions of Section 509.2 of Title
70 of the Oklahoma Statutes, for employee organizations subject to
elections conducted pursuant to the provisions of this section for
the purpose of funding the election.
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C. If a majority of all employees in the bargaining unit votes
in favor of retaining the existing employee organization, the
organization shall remain the representative of employees in the
bargaining unit pursuant to the provisions of Section 509.2 of Title
70 of the Oklahoma Statutes. If a majority of all employees in the
bargaining unit do not vote in favor of retaining the existing
employee organization, the school district board of education shall
no longer recognize the organization as the representative of
employees in the unit and the employees shall be unrepresented.
D. When an existing employee organization is no longer
recognized, the terms of any preexisting contract between the
employee organization and the school district employees represented
by the organization shall continue and remain in effect for the
remaining contract term, except for any provisions involving in any
manner the employee organization including, but not limited to,
organization security, dues, fees, grievances and arbitration.
E. A school district board of education may recognize a new
employee organization in accordance with the provisions of Section
509.2 of Title 70 of the Oklahoma Statutes, but the new employee
organization may not be substantially similar to or affiliated with
an employee organization that has lost recognition pursuant to the
provisions of subsection C of this section for twelve (12) months
from the date of the loss of recognition.
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F. The school district board of education shall hold an
election to certify majority support of existing employee
organizations no earlier than August 1, 2026, and no later than
December 1, 2026, and every three (3) years thereafter. Elections
shall occur no earlier than August 1 and no later than December 1.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-139, is
amended to read as follows:
Section 5-139. School A. Except as provided by subsection B of
this section, school districts shall make payroll deductions for
either or both professional organization dues and political
contributions at the written 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 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 receipt of a written request, the
school district shall notify the professional organization of the
initiation or termination of payroll deductions within fifteen (15)
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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. 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 employee's request, and the amount due
the employee shall double every thirty (30) days until paid in full.
B. School districts shall not make payroll deductions for any
public employee association or organization or professional
organization that collectively bargains on behalf of its membership.
SECTION 3. AMENDATORY 62 O.S. 2021, Section 34.70.1, is
amended to read as follows:
Section 34.70.1. A. It shall be unlawful for any state agency
or school district to make payroll deductions on behalf of a state
an employee for membership dues in any public employee association
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or organization or professional organization that on or after
November 1, 2015 December 31, 2026, collectively bargains on behalf
of its membership pursuant to any provision of federal state law.
B. For purposes of this section:
1. "State agency" means any office, officer, bureau, board,
counsel, court, commission, institution, unit, division, body or
house of the executive or judicial branches of the state government,
whether elected or appointed, excluding political subdivisions of
the state. State agency shall include public school districts, the
Oklahoma State Regents for Higher Education, the institutions,
centers, or other constituent agencies of The Oklahoma State System
of Higher Education, the State Board of Career and Technology
Education, technology center school districts, the State
Legislature, and the Office of the Governor; and
2. "Public employee" means an elected or appointed officer or
employee or contract employee of a state agency as defined in this
section, unless otherwise indicated.
SECTION 4. This act shall become effective July 1, 2026.
SECTION 5. 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.
60-2-14781 TKR 01/13/26