05 LC 28
1923ER
House
Bill 153
By:
Representatives Forster of the
3rd,
Coan of the
101st,
Williams of the
4th,
Ralston of the
7th,
Scheid of the
22nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
enact the "Voluntary Contributions Act"; to amend Chapter 5 of Title 21 of the
Official Code of Georgia Annotated, relating to ethics in government, so as to
place certain limitations on labor organizations with regard to the funding for
certain political activities; to provide for definitions; to provide for the use
of separate, segregated funds for political activity expenditures; to provide
for certain limitations on the solicitation of funds for such activities; to
provide penalties; to require certain filings and disclosures; to provide for
applicability; to provide for related matters; 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 "Voluntary Contributions
Act."
SECTION
2.
Chapter
5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in
government, is amended by adding a new Article 5 to read as
follows:
"ARTICLE
5
21-5-90.
As
used in this article, the term:
(1)
'Ballot proposition' includes referenda, proposed constitutional amendments, and
any other question submitted to the electors of this state for approval or
rejection.
(2)
'Filing entity' means a candidate, campaign committee, officeholder, political
committee, political party or body, and each other entity required to file
disclosure reports under Code Section 21-5-34.
(3)
'Fund' means the separate, segregated fund established by a labor organization
for political purposes according to the procedures and requirements of this
article.
(4)
'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, or conditions of
employment. 'Labor organization' includes each employee association and union
for employees of public and private sector employers. 'Labor organization' does
not include organizations governed by the federal National Labor Relations Act,
29 U.S.C. Section 151, et seq., or the federal Railway Labor Act, 45 U.S.C.
Section 151, et seq.
(5)
'Political activities' means electoral activities, independent expenditures, or
expenditures made to any candidate, political party or body, political action
committee, voter registration campaign, or any other political or legislative
cause, including ballot propositions.
(6)
'Union dues' means dues, fees, or other moneys required as a condition of
membership in a labor organization.
21-5-91.
(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 article.
(b)
A labor organization shall ensure that:
(1)
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 political fund and will be expended for
political activities;
(2)
Union dues are not used for political activities, transferred to the fund, or
intermingled in any way with fund moneys;
(3)
The cost of administering the fund is paid from fund contributions and not from
union dues; and
(4)
Each contribution is voluntary and is made by the member and not from or by the
employer of the member.
(c)
At the time the labor organization is soliciting contributions for the fund from
an employee, the labor organization shall:
(1)
Affirmatively inform the employee, orally or in writing, of the
fund́s
political purpose; and
(2)
Affirmatively inform the employee, orally or in writing, of the
employeés
right to refuse to contribute without fear of reprisal or loss of membership in
the labor organization.
(d)
The labor organization shall have the burden of proof to establish that the
requirements of subsections (b) and (c) of this Code section are
met.
(e)
Notwithstanding the requirements of paragraph (2) of subsection (b) of this Code
section, a labor organization may use union dues to communicate directly with
its own members about political candidates, ballot propositions, and other
political issues.
21-5-92.
(a)
It is unlawful for a labor organization to make expenditures for political
activities by using contributions 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.
(b)
When a labor organization is soliciting contributions for a fund from an
employee, it is unlawful for a labor organization to fail to:
(1)
Affirmatively inform the employee, orally or in writing, of the
fund́s
political purpose; and
(2)
Affirmatively inform the employee, orally or in writing, of the
employeés
right to refuse to contribute without fear of reprisal or loss of membership in
the labor organization.
(c)
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.
(d)
Any person or entity violating the provisions of this Code section shall be
guilty of a misdemeanor.
21-5-93.
Each
fund established by a labor organization under this article shall register as a
campaign committee pursuant to Code Section 21-5-30, shall maintain and make
available for inspection the same records and accounts as candidates pursuant to
Code Section 21-5-31, and shall file the same disclosure reports as candidates
pursuant to Code Section 21-5-34.
21-5-94.
The
provisions of this article shall apply to all contracts entered into or renewed
on and after July 1,
2005."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.