SENATE BILL NO. 1176
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S1176......................................................by STATE AFFAIRS
VOLUNTARY CONTRIBUTIONS ACT - Amends existing law to revise a definition in
the Voluntary Contributions Act; and to revise application of the limit on
03/31 Senate intro - 1st rdg - to printing
04/01 Rpt prt - to St Aff
Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 22-11-2
AYES -- Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton,
Darrington, Davis, Gannon, Geddes, Hill, Little, Lodge, McKenzie,
Noble, Noh, Pearce, Richardson, Sorensen, Stegner, Sweet, Williams
NAYS -- Andreason, Burkett, Calabretta, Ingram, Kennedy, Keough,
Malepeai, Marley, Schroeder, Stennett, Werk
Absent and excused -- Goedde, McWilliams
Floor Sponsor - Stegner
Title apvd - to House
04/04 House intro - 1st rdg - to St Aff
04/17 Ref'd to Com/HuRes
04/21 Rpt out - rec d/p - to 2nd rdg
04/22 2nd rdg - to 3rd rdg
04/30 3rd rdg - PASSED - 50-20-0
AYES -- Barraclough(Schanz), Barrett, Bauer, Bedke, Bell, Black,
Block, Bolz, Bradford, Campbell, Clark, Collins, Crow, Deal, Denney,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,
Harwood, Jones(Jones), Kellogg, Kulczyk, Lake, Langford, McGeachin,
McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ring, Roberts,
Rydalch, Sali, Schaefer, Shirley, Skippen, Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Wills, Wood, Mr. Speaker
NAYS -- Andersen(Guyon), Bieter, Boe, Cannon, Cuddy, Douglas, Eberle,
Henbest, Jaquet, Langhorst, Martinez(Echohawk), Mitchell,
Naccarato(Riggs), Ridinger, Ringo, Robison, Sayler, Shepherd(Buell),
Absent and excused -- None
Floor Sponsor - Lake
Title apvd - to Senate
04/30 To enrol
05/01 Rpt enrol - Pres signed - Sp signed
05/05 Governor signed
Session Law Chapter 340
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1176
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE VOLUNTARY CONTRIBUTIONS ACT; AMENDING SECTION 44-2602, IDAHO
3 CODE, AS ADDED BY SECTION 1, CHAPTER 97, LAWS OF 2003, TO REVISE A DEFINI-
4 TION; AND AMENDING SECTION 44-2603, IDAHO CODE, AS ADDED BY SECTION 1,
5 CHAPTER 97, LAWS OF 2003, TO REVISE APPLICATION OF THE LIMIT ON CERTAIN
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 44-2602, Idaho Code, as added by Section 1, Chap-
9 ter 97, Laws of 2003, be, and the same is hereby amended to read as follows:
10 44-2602. DEFINITIONS. (1) As used in this chapter the following terms
11 have the following meanings:
12 (a) "Ballot proposition" includes initiatives, referenda, proposed con-
13 stitutional amendments, and any other items submitted to the voters for
14 their approval or rejection.
15 (b) "Filing entity" means a candidate, officeholder, political commit-
16 tee, political party, and each other entity required to report contribu-
17 tions under chapter 66, title 67, Idaho Code.
18 (c) "Fund" means the separate segregated fund established by a labor
19 organization for political purposes according to the procedures and
20 requirements of this chapter.
21 (d) (i) "Labor organization" means any association or organization of
22 employees, and any agency, employee representation committee, or plan
23 in which employees participate that exists, in whole or in part, to
24 advocate on behalf of employees about grievances, labor disputes,
25 wages, rates of pay, hours of employment or conditions of employment.
26 (ii) Except as provided in subsection (1)(d)(iii) of this section,
27 "labor organization" includes each employee association and union for
28 employees of public and private sector employers.
29 (iii) "Labor organization" does not include organizations governed by
30 the national labor relations act, 29 U.S.C. section 151, et seq. or
31 the railway labor act, 45 U.S.C. section 151, et seq.
32 (e) "Political activities" means electoral activities, independent expen-
33 ditures, or expenditures made to any candidate, political party, political
34 action committee , or political issues committee , voter registration cam-
35 paign, or any other political or legislative cause, including ballot mea-
36 sures or propositions or in support of or against any ballot measure.
37 (f) "Union dues" means dues, fees or other moneys required as a condition
38 of membership in a labor organization.
39 (2) Other terms defined in chapter 66, title 67, Idaho Code, apply to
40 this chapter.
41 SECTION 2. That Section 44-2603, Idaho Code, as added by Section 1, Chap-
42 ter 97, Laws of 2003, be, and the same is hereby amended to read as follows:
1 44-2603. LIMITS ON LABOR ORGANIZATION CONTRIBUTIONS.
2 (1) (a) A labor organization may only make expenditures for political
3 activities if the labor organization establishes a separate segregated
4 fund that meets the requirements of this chapter.
5 (b) The labor organization shall ensure that:
6 (i) In soliciting contributions for the fund, the solicitor dis-
7 closes, in clear and unambiguous language on the face of the solici-
8 tation, that contributions are voluntary and that the fund is a
9 political fund and will be expended for political activities;
10 (ii) Union dues are not used for political activities, transferred
11 to the fund, or intermingled in any way with fund moneys;
12 (iii) The cost of administering the fund is paid from fund contribu-
13 tions and not from union dues; and
14 (iv) Each contribution is voluntary and shall be made by the member
15 and may not come from or be remitted by the employer of the member.
16 (2) At the time the labor organization is soliciting contributions for
17 the fund from an employee, the labor organization shall:
18 (a) Affirmatively inform the employee, orally or in writing, of the
19 fund's political purpose; and
20 (b) Affirmatively inform the employee, orally or in writing, of the
21 employee's right to refuse to contribute without fear of reprisal or loss
22 of membership in the labor organization.
23 (3) The labor organization has the burden of proof to establish that the
24 requirements of subsections (1)(b) and (2) of this section are met.
25 (4) Notwithstanding the requirements of subsection (1)(b)(ii) of this
26 section, a labor organization may use union dues to lobby or communicate
27 directly with its own members about political candidates, ballot propositions
28 measures, and other political issues.
STATEMENT OF PURPOSE
This legislation clarifies the intent of HB 329 by reaffirming a
labor organization's authority to engage in lobbying and voter
registration activities as regular membership activities.
Name: Senator Joe Stegner, 332-1307
Senator Patti Anne Lodge, 332-1339
Senator Bart Davis, 332-1305
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S 1176
REVISED REVISED REVISED REVISE