SENATE BILL NO. 1176

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Daily Data Tracking History



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
certain contributions.
                                                                        
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),
      Smith(30), Trail
      Absent and excused -- None
    Floor Sponsor - Lake
    Title apvd - to Senate
04/30    To enrol
05/01    Rpt enrol - Pres signed - Sp signed
    To Governor
05/05    Governor signed
         Session Law Chapter 340
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              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
  6        CONTRIBUTIONS.
                                                                        
  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:
                                                                        
                                           2
                                                                        
  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 / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13221C2
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.
                          FISCAL IMPACT
     None.






Contact   

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