2004 Legislation
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HOUSE BILL NO. 584 – Voluntary Contributions Act repeald

HOUSE BILL NO. 584

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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.  VOLUNTARY PAYMENTS DEDUCTIONS 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,  title
 33    44, Idaho Code, shall not be deducted from the wages, earnings or compensation
 34    of an employee.
 35        (3)  Nothing  in  this  chapter shall prohibit an employee from personally
 36    paying contributions for political activities as defined in chapter 26,  title
 37    44,  Idaho  Code, to a labor organization unless such payment is prohibited by
 38    law.
                                                                        
 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 contributions from  individuals  as
  6    provided  in  chapter  26,  title  44,  Idaho  Code, or as provided in section
  7    44-2004, Idaho Code on 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 / Fiscal Impact



                       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