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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 - 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21 hereby repealed; and that Sections 4 and 5, Chapter 97, Laws of 2003, be, and
22 the same are hereby repealed.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
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