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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
|||| 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
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