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03 LC 25 2829ER
Senate Bill
40
By: Senators Lamutt of the 21st, Clay of the 37th and Crotts of the 17th
By: Senators Lamutt of the 21st, Clay of the 37th and Crotts of the 17th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 1 of Chapter 5 of Title 21 of the Official
Code of Georgia Annotated, relating to general provisions relative to ethics in
government, so as to regulate political contributions and expenditures by labor
organizations and separate segregated funds thereof; to amend Article 2 of
Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to
membership in labor organizations, so as to regulate certain political
contributions; to regulate deductions from employees´ earnings of
contributions to labor organizations or separate segregated funds thereof to be
used for political purposes; to regulate contracts allowing deductions from
employees´ earnings of contributions to labor organizations or separate
segregated funds thereof to be used for political purposes; to provide for
punishments; to provide for related matters; to provide for a short title; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Labor and
Employer Campaign Finance Reform Act."
SECTION 2.
Article 1 of Chapter 5 of Title 21 of the Official Code of
Georgia Annotated, relating to general provisions relative to ethics in
government, is amended by adding a new Code Section 21-5-13 to read as
follows:
"21-5-13.
A labor organization as defined in Code Section 34-6-20 or a separate segregated fund thereof as defined in Code Section 21-5-40 shall not make a contribution subject to the provisions of Code Section 21-5-43 or a related expenditure of any funds which were deducted by an employer from employee wages or other earnings and held for or paid over to such labor organization or separate segregated fund unless such deduction was made in compliance with subsection (c) of Code Section 34-6-29."
"21-5-13.
A labor organization as defined in Code Section 34-6-20 or a separate segregated fund thereof as defined in Code Section 21-5-40 shall not make a contribution subject to the provisions of Code Section 21-5-43 or a related expenditure of any funds which were deducted by an employer from employee wages or other earnings and held for or paid over to such labor organization or separate segregated fund unless such deduction was made in compliance with subsection (c) of Code Section 34-6-29."
SECTION 3.
Article 2 of Chapter 6 of Title 34 of the Official Code of
Georgia Annotated, relating to membership in labor organizations, is amended by
striking Code Section 34-6-26, relating to contracts allowing deductions from
employees´ earnings of fees of labor organizations, and inserting in lieu
thereof the
following:
"34-6-26.
(a) It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer for the deduction of any fee, assessment, or other sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to a labor organization except upon the condition to be embodied in said contract that such deduction will be made only on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year.
(b) It shall be unlawful for any employer to contract with any labor organization or separate segregated fund thereof as defined in Code Section 21-5-40 and for any labor organization or separate segregated fund thereof to contract with any employer for the deduction of any sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to such organization or fund and used for making any contribution subject to the provisions of Code Section 21-5-43 or any related expenditure as defined in Code Section 21-5-3 except upon the condition to be embodied in said contract that such deduction will be made in compliance with the provisions of subsection (c) of Code Section 34-6-29."
"34-6-26.
(a) It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer for the deduction of any fee, assessment, or other sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to a labor organization except upon the condition to be embodied in said contract that such deduction will be made only on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year.
(b) It shall be unlawful for any employer to contract with any labor organization or separate segregated fund thereof as defined in Code Section 21-5-40 and for any labor organization or separate segregated fund thereof to contract with any employer for the deduction of any sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to such organization or fund and used for making any contribution subject to the provisions of Code Section 21-5-43 or any related expenditure as defined in Code Section 21-5-3 except upon the condition to be embodied in said contract that such deduction will be made in compliance with the provisions of subsection (c) of Code Section 34-6-29."
SECTION 4.
Said article is further amended by adding a new Code Section
34-6-29 to read as
follows:
"34-6-29.
(a) No employer or labor organization shall increase the salary or compensation of an officer or employee, or give an emolument to an officer, employee, or other person or entity, with the intention that the increase in salary, or the emolument, or any part thereof, be contributed or spent to support or oppose a candidate or public official, political party, or political committee.
(b) No employer or labor organization shall discriminate against an officer or employee in the terms or conditions of employment for:
(1) Failing to contribute to a candidate, public official, ballot proposition, political party, or political committee; or
(2) Supporting or opposing a candidate, public official, ballot proposition, political party, or political committee.
(c) No employer, labor organization, or other person or entity responsible for the disbursement of wages or salaries shall withhold or divert a portion of an employee´s wages or salaries for contributions to candidates, political parties, or political committees or for use as political contributions except upon the express prior written consent of the employee. The consent must be made on a form which clearly informs the employee of the prohibition against employer and labor organization discrimination described in subsection (b) of this Code section. The written consent shall be valid for no more than 12 months from the date it is given by the employee.
(d) Each person or entity who withholds contributions under subsection (c) of this Code section shall maintain for public inspection for a period of not less than three years, during normal business hours, documents and books of accounts that shall include a copy of each employee´s consent, the amounts of and dates funds were withheld, and the amounts of and dates funds were transferred to a political committee, candidate, public official, or political party.
(e) A person who knowingly violates this Code section is guilty of a felony punishable, if the person is an individual, by a fine of $10,000.00 or a fine equal to two times the total contributions obtained from all employees in violation of this Code section, whichever amount is greater, or by imprisonment for not more than three years, or both. If the person is not an individual, each violation shall be punishable by a fine of $50,000.00 or a fine equal to two times the total contributions obtained from all employees in violation of this Code section, whichever amount is greater, in addition to the cost of investigation and prosecution of such a claim. Any individual whose rights under this Code section are violated shall have a civil cause of action for three times the amount of wages or salary unlawfully withheld and reimbursement of attorney´s fees and all other costs of pursuing such a claim."
"34-6-29.
(a) No employer or labor organization shall increase the salary or compensation of an officer or employee, or give an emolument to an officer, employee, or other person or entity, with the intention that the increase in salary, or the emolument, or any part thereof, be contributed or spent to support or oppose a candidate or public official, political party, or political committee.
(b) No employer or labor organization shall discriminate against an officer or employee in the terms or conditions of employment for:
(1) Failing to contribute to a candidate, public official, ballot proposition, political party, or political committee; or
(2) Supporting or opposing a candidate, public official, ballot proposition, political party, or political committee.
(c) No employer, labor organization, or other person or entity responsible for the disbursement of wages or salaries shall withhold or divert a portion of an employee´s wages or salaries for contributions to candidates, political parties, or political committees or for use as political contributions except upon the express prior written consent of the employee. The consent must be made on a form which clearly informs the employee of the prohibition against employer and labor organization discrimination described in subsection (b) of this Code section. The written consent shall be valid for no more than 12 months from the date it is given by the employee.
(d) Each person or entity who withholds contributions under subsection (c) of this Code section shall maintain for public inspection for a period of not less than three years, during normal business hours, documents and books of accounts that shall include a copy of each employee´s consent, the amounts of and dates funds were withheld, and the amounts of and dates funds were transferred to a political committee, candidate, public official, or political party.
(e) A person who knowingly violates this Code section is guilty of a felony punishable, if the person is an individual, by a fine of $10,000.00 or a fine equal to two times the total contributions obtained from all employees in violation of this Code section, whichever amount is greater, or by imprisonment for not more than three years, or both. If the person is not an individual, each violation shall be punishable by a fine of $50,000.00 or a fine equal to two times the total contributions obtained from all employees in violation of this Code section, whichever amount is greater, in addition to the cost of investigation and prosecution of such a claim. Any individual whose rights under this Code section are violated shall have a civil cause of action for three times the amount of wages or salary unlawfully withheld and reimbursement of attorney´s fees and all other costs of pursuing such a claim."
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.