2003 Legislation
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HOUSE BILL NO. 316 – Voluntary Contributions Act

HOUSE BILL NO. 316

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H0316........................................................by WAYS AND MEANS
VOLUNTARY CONTRIBUTIONS ACT - Adds to and amends existing law to provide
limits on labor organization contributions; to provide criminal acts and
penalties; to provide registration and disclosure requirements for each fund
established by a labor organization under this Voluntary Contributions Act; to
provide that deductions for political activities, as defined in the Voluntary
Contributions Act, shall not be deducted from the wages, earnings or
compensation of an employee; to provide that nothing in the Right to Work law
shall prohibit an employee from personally paying contributions for political
activities, as defined in Chapter 26, Title 44, Idaho Code, to a labor
organization unless such payment is prohibited by law; and to provide that a
political committee may solicit or obtain contributions from individuals as
provided in the Voluntary Contributions Act or as provided in the state's
Right to Work law.
                                                                        
02/28    House intro - 1st rdg - to printing
03/03    Rpt prt - to Com/HuRes
03/04    Rpt out - to Gen Ord
03/05    Ret'd to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 316
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE VOLUNTARY CONTRIBUTIONS ACT; AMENDING TITLE 44, IDAHO CODE, BY
  3        THE ADDITION OF A NEW CHAPTER 26, TITLE 44, IDAHO CODE, TO PROVIDE A SHORT
  4        TITLE, TO DEFINE TERMS, TO PROVIDE LIMITS ON LABOR ORGANIZATION  CONTRIBU-
  5        TIONS,  TO PROVIDE CRIMINAL ACTS AND PENALTIES AND TO PROVIDE REGISTRATION
  6        AND DISCLOSURE REQUIREMENTS FOR EACH FUND ESTABLISHED BY A LABOR ORGANIZA-
  7        TION UNDER THIS VOLUNTARY CONTRIBUTIONS  ACT;  AMENDING  SECTION  44-2004,
  8        IDAHO  CODE,  TO  PROVIDE  THAT  DEDUCTIONS  FOR  POLITICAL ACTIVITIES, AS
  9        DEFINED IN THE VOLUNTARY CONTRIBUTIONS ACT, SHALL NOT BE DEDUCTED FROM THE
 10        WAGES, EARNINGS OR COMPENSATION OF AN EMPLOYEE AND TO PROVIDE THAT NOTHING
 11        IN THE RIGHT TO WORK LAW  SHALL PROHIBIT AN EMPLOYEE FROM PERSONALLY  PAY-
 12        ING CONTRIBUTIONS FOR POLITICAL ACTIVITIES AS DEFINED IN CHAPTER 26, TITLE
 13        44,  IDAHO CODE, TO A LABOR ORGANIZATION UNLESS SUCH PAYMENT IS PROHIBITED
 14        BY LAW AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-6605, IDAHO
 15        CODE, TO PROVIDE THAT A POLITICAL COMMITTEE MAY SOLICIT OR OBTAIN  CONTRI-
 16        BUTIONS FROM INDIVIDUALS AS PROVIDED IN THE VOLUNTARY CONTRIBUTIONS ACT OR
 17        AS  PROVIDED  IN  THE  STATE'S  RIGHT  TO WORK LAW; TO PROVIDE PROSPECTIVE
 18        APPLICATION; AND TO PROVIDE SEVERABILITY.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
 20
 21        SECTION 1.  That Title 44, Idaho Code, be, and the same is hereby  amended
 22    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 23    ter 26, Title 44, Idaho Code, and to read as follows:
                                                                        
 24                                      CHAPTER 26
 25                             VOLUNTARY CONTRIBUTIONS ACT
                                                                        
 26        44-2601.  SHORT TITLE. This chapter shall be known as the "Voluntary  Con-
 27    tributions Act."
                                                                        
 28        44-2602.  DEFINITIONS.  (1)  As  used  in this chapter the following terms
 29    have the following meanings:
 30        (a)  "Ballot proposition" includes initiatives, referenda,  proposed  con-
 31        stitutional  amendments,  and  any other items submitted to the voters for
 32        their approval or rejection.
 33        (b)  "Filing entity" means a candidate, officeholder,  political   commit-
 34        tee,   political party, and each other entity required to report contribu-
 35        tions under chapter 66, title 67, Idaho Code.
 36        (c)  "Fund" means the separate segregated  fund  established  by  a  labor
 37        organization  for  political  purposes  according  to  the  procedures and
 38        requirements of this chapter.
 39        (d)  (i)   "Labor organization" means any association or  organization  of
 40             employees, and any agency, employee representation committee, or plan
 41             in  which  employees participate that exists, in whole or in part, to
 42             advocate on behalf of employees  about  grievances,  labor  disputes,
                                                                        
                                           2
                                                                        
  1             wages, rates of pay, hours of employment or conditions of employment.
  2             (ii)  Except  as  provided in subsection (1)(d)(iii) of this section,
  3             "labor organization" includes each employee association and union for
  4             employees of public and private sector employers.
  5             (iii) "Labor organization" does not include organizations governed by
  6             the national labor relations act, 29 U.S.C. section 151, et  seq.  or
  7             the railway labor act, 45 U.S.C. section 151, et seq.
  8        (e)  "Political activities" means electoral activities, independent expen-
  9        ditures, or expenditures made to any candidate, political party, political
 10        action committee, political issues committee, voter registration campaign,
 11        or  any other political or legislative cause, including ballot measures or
 12        propositions.
 13        (f)  "Union dues" means dues, fees or other moneys required as a condition
 14        of membership in a labor organization.
 15        (2)  Other terms defined in chapter 66, title 67,  Idaho  Code,  apply  to
 16    this chapter.
                                                                        
 17        44-2603.  LIMITS ON LABOR ORGANIZATION CONTRIBUTIONS.
 18        (1)  (a) A  labor  organization  may  only make expenditures for political
 19        activities if the labor organization  establishes  a  separate  segregated
 20        fund that meets the requirements of this chapter.
 21        (b)  The labor organization shall ensure that:
 22             (i)   In  soliciting  contributions  for the fund, the solicitor dis-
 23             closes, in clear and unambiguous language on the face of the  solici-
 24             tation,  that  contributions  are  voluntary  and  that the fund is a
 25             political fund and will be expended for political activities;
 26             (ii)  Union dues are not used for political  activities,  transferred
 27             to the fund, or intermingled in any way with fund moneys;
 28             (iii) The  cost of administering the fund is paid from fund contribu-
 29             tions and not from union dues; and
 30             (iv)  Each contribution is voluntary and shall be made by the  member
 31             and may not come from or be remitted by the employer of the member.
 32        (2)  At  the  time  the labor organization is soliciting contributions for
 33    the fund from an employee, the labor organization shall:
 34        (a)  Affirmatively inform the employee,  orally  or  in  writing,  of  the
 35        fund's political purpose; and
 36        (b)  Affirmatively  inform  the  employee,  orally  or  in writing, of the
 37        employee's right to refuse to contribute without fear of reprisal or  loss
 38        of membership in the labor organization.
 39        (3)  The  labor organization has the burden of proof to establish that the
 40    requirements of subsections (1)(b) and (2) of this section are met.
 41        (4)  Notwithstanding the requirements of  subsection  (1)(b)(ii)  of  this
 42    section,  a labor organization may use union dues to communicate directly with
 43    its own members about political candidates,  ballot  propositions,  and  other
 44    political issues.
                                                                        
 45        44-2604.  CRIMINAL ACTS -- PENALTIES.
 46        (1)  (a) It  is unlawful for a labor organization to make expenditures for
 47        political activities by using contributions:
 48             (i)   Secured by physical force or threat of force,  job  discrimina-
 49             tion  or   threat of job discrimination, membership discrimination or
 50             threat of membership discrimination, or economic reprisals or  threat
 51             of economic reprisals; or
 52             (ii)  From union dues except as provided in section 44-2603(4), Idaho
 53             Code.
                                                                        
                                           3
                                                                        
  1        (b)  When a labor organization is soliciting contributions for a fund from
  2        an employee, it is unlawful for a labor organization to fail to:
  3             (i)   Affirmatively  inform  the  employee  in  writing of the fund's
  4             political purpose; and
  5             (ii)  Affirmatively inform the employee in writing of the  employee's
  6             right  to  refuse  to  contribute without fear of reprisal or loss of
  7             membership in the labor organization.
  8        (c)  It is unlawful for a labor organization to pay a member for  contrib-
  9        uting  to  the fund by providing a bonus, expense account, rebate of union
 10        dues, or by any other form of direct or indirect compensation.
 11        (2)  Any person or entity violating this section is guilty  of  a   misde-
 12    meanor.
                                                                        
 13        44-2605.  REGISTRATION  --  DISCLOSURE.  Each  fund established by a labor
 14    organization under this chapter shall:
 15        (1)  Register as a political  committee as required by  chapter 66,  title
 16    67, Idaho Code; and
 17        (2)  File  the  financial  reports  for  political  committees required by
 18    chapter 66, title 67, Idaho Code.
                                                                        
 19        SECTION 2.  That Section 44-2004, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        44-2004.  VOLUNTARY  DEDUCTIONS PAYMENTS PROTECTED. (1) It shall be unlaw-
 22    ful to deduct from the wages, earnings or  compensation  of  an  employee  any
 23    union  dues,  fees,  assessments, or other charges to be held for, transferred
 24    to, or paid over to a labor organization, unless the employee has  first  pre-
 25    sented,  and the employer has received, a signed written authorization of such
 26    deductions, which authorization may be revoked by the employee at any time  by
 27    giving written notice of such revocation to the employer.
 28        (2)  Deductions  for  political activities as defined in chapter 26, title
 29    44, Idaho Code, shall not be deducted from the wages, earnings or compensation
 30    of an employee.
 31        (3)  Nothing in this chapter shall prohibit an  employee  from  personally
 32    paying  contributions for political activities as defined in chapter 26, title
 33    44, Idaho Code, to a labor organization unless such payment is  prohibited  by
 34    law.
                                                                        
 35        SECTION  3.  That  Section 67-6605, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        67-6605.  CONTRIBUTIONS OBTAINED BY A POLITICAL  COMMITTEE.  Contributions
 38    shall  not be obtained for a political committee by  use of coercion or physi-
 39    cal force, by making a contribution a condition of employment  or  membership,
 40    or by using or threatening to use job discrimination or financial reprisals. A
 41    political committee may  solicit or obtain contributions on an automatic basis
 42    including, but not limited to, a payroll deduction plan only if the person who
 43    is  contributing  to the political committee affirmatively consents in writing
 44    to the contribution at least once every calendar year from individuals as pro-
 45    vided in chapter 26, title 44, Idaho Code, or as provided in section  44-2004,
 46    Idaho  Code.  A violation of the provisions of this section  shall be punished
 47    as provided in subsection (b) of section 67-6625, Idaho Code.
                                                                        
 48        SECTION 4.  PROSPECTIVE APPLICATION. The  provisions  of  this  act  shall
 49    apply  to  all contracts entered into after the effective date of this act and
                                                                        
                                           4
                                                                        
  1    shall apply to any renewal of any existing contract.
                                                                        
  2        SECTION 5.  SEVERABILITY.  The provisions of this act are hereby  declared
  3    to  be  severable  and if any provision of this act or the application of such
  4    provision to any person or circumstance is declared invalid  for  any  reason,
  5    such  declaration  shall  not affect the validity of the remaining portions of
  6    this act.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13076C1
The purpose of this legislation is to require labor organizations
that engage in political activities to keep a segregated fund for
political contributions.

It further specifies that contributions to that fund will be on a
voluntary basis and the contribution shall be made directly by
the donor.  It also prohibits payroll withholding of funds to be
used for political purposes.
                          FISCAL IMPACT
None.






Contact
Name:     Rep. Bruce Newcomb            Sen. Robert Geddes 
          Rep. Lawerence Denney         Sen. Bart Davis
          Rep. Mike Moyle               Sen. Joe Stegner
          Rep. Julie Ellsworth          Sen. Brad Little
          Rep. Dennis Lake
Phone:    (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE      H 316