View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0584..............................................................by TRAIL VOLUNTARY CONTRIBUTIONS ACT - Repeals and amends existing law to repeal the Voluntary Contributions Act of 2003. 01/30 House intro - 1st rdg - to printing 02/02 Rpt prt - to W/M
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 584 BY TRAIL 1 AN ACT 2 RELATING TO THE VOLUNTARY CONTRIBUTIONS ACT; REPEALING CHAPTER 26, TITLE 44, 3 IDAHO CODE, AND REPEALING SECTIONS 4 AND 5, CHAPTER 97, LAWS OF 2003, 4 RELATING TO THE VOLUNTARY CONTRIBUTIONS ACT; AMENDING SECTION 44-2004, 5 IDAHO CODE, TO STRIKE LANGUAGE PROVIDING THAT DEDUCTIONS FOR POLITICAL 6 ACTIVITIES AS DEFINED IN THE VOLUNTARY CONTRIBUTIONS ACT SHALL NOT BE 7 DEDUCTED FROM THE WAGES, EARNINGS OR COMPENSATION OF AN EMPLOYEE AND TO 8 STRIKE LANGUAGE PROVIDING THAT NOTHING IN THE RIGHT TO WORK LAW SHALL 9 PROHIBIT AN EMPLOYEE FROM PERSONALLY PAYING CONTRIBUTIONS FOR POLITICAL 10 ACTIVITIES; AMENDING SECTION 67-6605, IDAHO CODE, TO PROVIDE THAT A POLIT- 11 ICAL COMMITTEE MAY SOLICIT OR OBTAIN CONTRIBUTIONS ON AN AUTOMATIC BASIS 12 INCLUDING, BUT NOT LIMITED TO, A PAYROLL DEDUCTION PLAN ONLY IF THE PERSON 13 WHO IS CONTRIBUTING TO THE POLITICAL COMMITTEE AFFIRMATIVELY CONSENTS IN 14 WRITING TO THE CONTRIBUTION AT LEAST ONCE EVERY CALENDAR YEAR AND TO 15 DELETE LANGUAGE PROVIDING THAT A POLITICAL COMMITTEE MAY SOLICIT OR OBTAIN 16 CONTRIBUTIONS FROM INDIVIDUALS AS PROVIDED IN THE VOLUNTARY CONTRIBUTIONS 17 ACT OR AS PROVIDED IN THE STATE'S RIGHT TO WORK LAW; AND DECLARING AN 18 EMERGENCY. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Chapter 26, Title 44, Idaho Code, be, and the same is 21 hereby repealed; and that Sections 4 and 5, Chapter 97, Laws of 2003, be, and 22 the same are hereby repealed. 23 SECTION 2. That Section 44-2004, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 44-2004. VOLUNTARYPAYMENTSDEDUCTIONS PROTECTED.(1)It shall be unlaw- 26 ful to deduct from the wages, earnings or compensation of an employee any 27 union dues, fees, assessments, or other charges to be held for, transferred 28 to, or paid over to a labor organization, unless the employee has first pre- 29 sented, and the employer has received, a signed written authorization of such 30 deductions, which authorization may be revoked by the employee at any time by 31 giving written notice of such revocation to the employer. 32(2) Deductions for political activities as defined in chapter 26, title3344, Idaho Code, shall not be deducted from the wages, earnings or compensation34of an employee.35(3) Nothing in this chapter shall prohibit an employee from personally36paying contributions for political activities as defined in chapter 26, title3744, Idaho Code, to a labor organization unless such payment is prohibited by38law.39 SECTION 3. That Section 67-6605, Idaho Code, be, and the same is hereby 40 amended to read as follows: 2 1 67-6605. CONTRIBUTIONS OBTAINED BY A POLITICAL COMMITTEE. Contributions 2 shall not be obtained for a political committee by use of coercion or physi- 3 cal force, by making a contribution a condition of employment or membership, 4 or by using or threatening to use job discrimination or financial reprisals. A 5 political committee may solicit or obtain contributionsfrom individuals as6provided in chapter 26, title 44, Idaho Code, or as provided in section744-2004, Idaho Codeon an automatic basis including, but not limited to, a 8 payroll deduction plan only if the person who is contributing to the political 9 committee affirmatively consents in writing to the contribution at least once 10 every calendar year. A violation of the provisions of this section shall be 11 punished as provided in subsection (b) of section 67-6625, Idaho Code. 12 SECTION 4. An emergency existing therefor, which emergency is hereby 13 declared to exist, this act shall be in full force and effect on and after its 14 passage and approval.
STATEMENT OF PURPOSE RS 13766 The proposed legislation relates to the voluntary contributions act; repealing Chapter 26, Title 44, Idaho Code, and repealing Sections 4 and 5, Chapter 97, laws of 2003, relating to the voluntary contributions act; amending Section 44-2004, Idaho Code, to strike language providing deductions for political activities as defined in the voluntary contributions act shall not be deducted from the wages, earnings or compensation of an employee and to strike language providing that nothing in the right to work law shall prohibit an employee from personally paying contributions for political activities; amending Section 67-6605, Idaho Code, to provide that a political committee may solicit or obtain contributions on an automatic basis including, but not limited to, a payroll deduction plan only if the person who is contributing to the political committee affirmatively consents in writing to the contribution at least once every calendar year and to delete language providing 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; and declaring an emergency. FISCAL IMPACT There would be a positive savings to the General Fund in terms of eliminating legal costs in the current court case relating to the act. Contact Name: Representatives Trail, Andersen, Sayler, Ringo and Naccarato Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 584