Report Title:

Paycheck Protection; Union Dues Deductions

 

Description:

Prohibits employers and unions from deducting amounts from worker's paychecks for political contributions unless affirmatively requested by the worker annually.

THE SENATE

S.B. NO.

2190

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to election campaign contributions and expenditures.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part XII, subpart B, to be appropriately designated and to read as follows:

"§11-    Paycheck protection; payroll deduction for political contributions prohibited; annual affirmative request required. (a) No employer, labor organization, or other person or entity responsible for the disbursement of funds in payment of wages or salaries may solicit or obtain from an employee on an automatic or passive basis including a payroll deduction plan or reverse checkoff method, involuntary contributions to a political committee, to support any political candidate seeking election to or seeking to remain in public office, or for use as a political contribution of any kind by withholding, deducting, or diverting during any pay period a portion of an employee's wages or salaries, except upon the affirmative written request of the employee. The request, if made, must be made at least once annually per calendar year on a form prescribed by the commission that informs the employee that employers and labor organizations are prohibited from:

(1) Using coercion or physical force;

(2) Making a contribution a condition of employment or membership;

(3) Using job discrimination; or

(4) Using reprisals of any kind,

in order to influence an employee to request the withholding, deduction, or diversion of an amount or amounts from the employee's paycheck for the purposes described in this subsection.

(b) Each employer, labor organization, or other person or entity who withholds, deducts, or diverts employee contributions under subsection (a) shall maintain open for public inspection for a period of no less than three years, during normal business hours, documents and books of accounts that include a copy of each employee's request, the amounts and dates on which funds were actually withheld, deducted, or diverted, and the amounts and dates the funds were transferred to a political committee or political candidate.

(c) An employer or labor organization shall not use fees paid by an individual who is not a member of the labor organization to make contributions or expenditures to influence an election or to operate a political committee, unless affirmatively authorized by the individual.

(d) The requirements of this section may not be waived by an employee and waiver of these requirements shall not be made a condition of employment or continued employment."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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