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H.B. 179 Enrolled

                 

VOLUNTARY CONTRIBUTIONS ACT

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Chad E. Bennion

                  This act modifies labor law and election law to address issues related to labor organizations'
                  participation in campaigning and elections. This act requires labor organizations to
                  establish a separate fund for political purposes and establishes registration and disclosure
                  requirements for the fund. This act establishes criminal penalties. This act prohibits public
                  employees from authorizing payroll deductions to a labor organization's political fund. This
                  act makes technical changes.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  ENACTS:
                      20A-11-1401, Utah Code Annotated 1953
                      20A-11-1402, Utah Code Annotated 1953
                      20A-11-1403, Utah Code Annotated 1953
                      20A-11-1404, Utah Code Annotated 1953
                      20A-11-1405, Utah Code Annotated 1953
                  REPEALS AND REENACTS:
                      34-32-1, as last amended by Chapter 86, Laws of Utah 2000
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-11-1401 is enacted to read:
                 
Part 14. Voluntary Contributions Act

                      20A-11-1401. Title.
                      This part is known as the "Voluntary Contributions Act."
                      Section 2. Section 20A-11-1402 is enacted to read:
                      20A-11-1402. Definitions.
                      (1) As used in this part:
                      (a) "Ballot proposition" includes initiatives, referenda, proposed constitutional
                  amendments, and any other items submitted to the voters for their approval or rejection.


                      (b) "Filing entity" means a candidate, officeholder, political action committee, political
                  issues committee, political party, and each other entity required to report contributions under Title
                  20A, Chapter 11, Campaign and Financial Reporting Requirements.
                      (c) "Fund" means the separate segregated fund established by a labor organization for
                  political purposes according to the procedures and requirements of this part.
                      (d) (i) "Labor organization" means any association or organization of employees, and any
                  agency, employee representation committee, or plan in which employees participate that exists, in
                  whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates
                  of pay, hours of employment, or conditions of employment.
                      (ii) Except as provided in Subsection (1)(d)(iii), "labor organization" includes each employee
                  association and union for employees of public and private sector employers.
                      (iii) "Labor organization" does not include organizations governed by the National Labor
                  Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec 151 et seq.
                      (e) "Political activities" means electoral activities, independent expenditures, or expenditures
                  made to any candidate, political party, political action committee, political issues committee, voter
                  registration campaign, or any other political or legislative cause, including ballot propositions.
                      (f) "Union dues" means dues, fees, or other monies required as a condition of membership
                  in a labor organization or as a condition of employment.
                      (2) Other terms defined in Section 20A-11-101 apply to this part.
                      Section 3. Section 20A-11-1403 is enacted to read:
                      20A-11-1403. Limits on labor organization contributions.
                      (1) Except as provided in Subsection (2), a labor organization may not expend union dues
                  for political activities.
                      (2) (a) A labor organization may only make expenditures for political activities if the labor
                  organization establishes a separate segregated fund that meets the requirements of this part.
                      (b) The labor organization shall ensure that:
                      (i) in soliciting contributions for the fund, the solicitor discloses, in clear and unambiguous
                  language on the face of the solicitation, that contributions are voluntary and that the fund is a

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                  political fund and will be expended for political activities;
                      (ii) union dues are not used for political activities, transferred to the fund, or intermingled
                  in any way with fund monies;
                      (iii) the cost of administering the fund is paid from fund contributions and not from union
                  dues; and
                      (iv) each contribution is voluntary.
                      (3) At the time the labor organization is soliciting contributions for the fund from an
                  employee, the labor organization shall:
                      (a) affirmatively inform the employee, in writing, of the fund's political purpose; and
                      (b) affirmatively inform the employee, in writing, of the employee's right to refuse to
                  contribute without fear of reprisal or loss of membership in the labor organization.
                      (4) The labor organization has the burden of proof to establish that the requirements of
                  Subsections (2)(b) and (3) are met.
                      (5) Notwithstanding the requirements of Subsection (2)(b)(ii), a labor organization may use
                  union dues to communicate directly with its own members about political candidates, ballot
                  propositions, and other political issues.
                      Section 4. Section 20A-11-1404 is enacted to read:
                      20A-11-1404. Criminal acts -- Penalties.
                      (1) (a) It is unlawful for a labor organization to make expenditures for political activities by
                  using contributions:
                      (i) secured by physical force or threat of force, job discrimination or threat of job
                  discrimination, membership discrimination or threat of membership discrimination, or economic
                  reprisals or threat of economic reprisals; or
                      (ii) from union dues except as provided in Subsection 20A-11-1403 (5).
                      (b) When a labor organization is soliciting contributions for a fund from an employee, it is
                  unlawful for a labor organization to fail to:
                      (i) affirmatively inform the employee in writing of the fund's political purpose; and
                      (ii) affirmatively inform the employee in writing of the employee's right to refuse to

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                  contribute without fear of reprisal or loss of membership in the labor organization.
                      (c) It is unlawful for a labor organization to solicit contributions for the fund from any
                  person other than its members and their families.
                      (d) It is unlawful for a labor organization to pay a member for contributing to the fund by
                  providing a bonus, expense account, rebate of union dues, or by any other form of direct or indirect
                  compensation.
                      (2) Any person or entity violating this section is guilty of a class A misdemeanor.
                      Section 5. Section 20A-11-1405 is enacted to read:
                      20A-11-1405. Registration -- Disclosure.
                      Each fund established by a labor organization under this part shall:
                      (1) register as a political action committee as required by this chapter; and
                      (2) file the financial reports for political action committees required by this chapter.
                      Section 6. Section 34-32-1 is repealed and reenacted to read:
                      34-32-1. Voluntary contributions act -- Assignments to labor unions -- Effect.
                      (1) As used in this section:
                      (a) "Employee" means a person employed by any person, partnership, public, private, or
                  municipal corporation, school district, the state, or any political subdivision of the state.
                      (b) "Employer" means the person or entity employing an employee.
                      (c) (i) "Labor organization" means any association or organization of employees, and any
                  agency, employee representation committee, or plan in which employees participate that exists, in
                  whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates
                  of pay, hours of employment, or conditions of employment.
                      (ii) Except as provided in Subsection (1)(c)(iii), "labor organization" includes each employee
                  association and union for employees of public and private sector employers.
                      (iii) "Labor organization" does not include organizations governed by the National Labor
                  Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
                      (d) "Public employee" means a person employed by the state, a municipal corporation, a
                  county, a municipality, a school district, a special district, or any other political subdivision of the

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                  state.
                      (e) "Union dues" means dues, fees, or other monies required as a condition of membership
                  in a labor organization or as a condition of employment.
                      (2) Except as prohibited by Subsection (6), an employee may elect to direct his employer to:
                      (a) deduct a specified sum of up to 3% per month from his wages; and
                      (b) pay the amount deducted to a labor organization as assignee.
                      (3) If the employee elects to direct the employer to make the deduction authorized by
                  Subsection (2), the employee shall sign a statement that:
                      (a) directs the employer to make the deduction;
                      (b) identifies the amount of the deduction;
                      (c) identifies the person or entity to whom the deduction is to be paid; and
                      (d) directs the employer to pay the deduction to that person or entity.
                      (4) An employer who receives a signed statement shall:
                      (a) keep the statement on file;
                      (b) deduct the specified sum from the employee's salary; and
                      (c) pay the deducted amount to the labor organization designated by the employee.
                      (5) The employer shall continue to make and pay the deduction as directed by the employee
                  until the employee revokes or modifies the deduction in writing.
                      (6) A public employee may not direct an employer to deduct monies from his wages and pay
                  them to:
                      (a) a registered political action committee;
                      (b) a fund as defined by Section 20A-11-1402 ; or
                      (c) any intermediary that contributes to a fund as defined in Section 20A-11-1402 .
                      (7) Nothing in this section prohibits an individual from making personal contributions to a
                  registered political action committee or to a fund as defined by Section 20A-11-1402 .

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