Senate File 388 - Introduced




                                 SENATE FILE       
                                 BY  DIX, BEHN, ZUMBACH,
                                     SINCLAIR, COSTELLO,
                                     GARRETT, BREITBACH,
                                     SCHULTZ, SEGEBART,
                                     JOHNSON, KAPUCIAN,
                                     SMITH, ROZENBOOM,
                                     GUTH, CHAPMAN,
                                     BERTRAND, SHIPLEY,
                                     KRAAYENBRINK,
                                     CHELGREN, WHITVER,
                                     SCHNEIDER, ZAUN,
                                     FEENSTRA, and ANDERSON

                                      A BILL FOR

  1 An Act concerning payroll deductions for public employees and
  2    including effective date and applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 20.9, unnumbered paragraph 1, Code 2015,
  1  2 is amended to read as follows:
  1  3    The public employer and the employee organization shall meet
  1  4 at reasonable times, including meetings reasonably in advance
  1  5 of the public employer's budget=making process, to negotiate in
  1  6 good faith with respect to wages, hours, vacations, insurance,
  1  7 holidays, leaves of absence, shift differentials, overtime
  1  8 compensation, supplemental pay, seniority, transfer procedures,
  1  9 job classifications, health and safety matters, evaluation
  1 10 procedures, procedures for staff reduction, in=service training
  1 11 and other matters mutually agreed upon. Negotiations shall
  1 12 also include terms authorizing dues checkoff for members of the
  1 13 employee organization and grievance procedures for resolving
  1 14 any questions arising under the agreement, which shall be
  1 15 embodied in a written agreement and signed by the parties.
  1 16 If an agreement provides for Negotiations shall not include
  1 17 terms authorizing dues checkoff, a member's dues may be checked
  1 18 off only upon the member's written request and the member may
  1 19 terminate the dues checkoff at any time by giving thirty days'
  1 20 written notice for members of the employee organization. Such
  1 21 obligation to negotiate in good faith does not compel either
  1 22 party to agree to a proposal or make a concession.
  1 23    Sec. 2.  Section 20.12, subsection 5, Code 2015, is amended
  1 24 to read as follows:
  1 25    5.  If an employee organization or any of its officers
  1 26 is held to be in contempt of court for failure to comply
  1 27 with an injunction pursuant to this section, or is convicted
  1 28 of violating this section, the employee organization shall
  1 29 be immediately decertified, shall cease to represent the
  1 30 bargaining unit, shall cease to receive any dues by checkoff,
  1 31  and may again be certified only after twelve months have
  1 32 elapsed from the effective date of decertification and only
  1 33 after a new compliance with section 20.14. The penalties
  1 34 provided in this section may be suspended or modified by the
  1 35 court, but only upon request of the public employer and only
  2  1 if the court determines the suspension or modification is in
  2  2 the public interest.
  2  3    Sec. 3.  Section 70A.17A, Code 2015, is amended by striking
  2  4 the section and inserting in lieu thereof the following:
  2  5    70A.17A  Payroll deduction == limitation.
  2  6    1.  For the purposes of this section, "public employer"
  2  7 means the state, a board of directors of a school district, a
  2  8 community college, an area education agency, a county board of
  2  9 supervisors, or a governing body of a city.
  2 10    2.  A public employer shall not authorize deductions from the
  2 11 salaries or wages of its employees unless any of the following
  2 12 apply:
  2 13    a.  The deduction is specifically authorized or required by
  2 14 law and the deduction complies with the requirements for that
  2 15 deduction.
  2 16    b.  The deduction is to fund savings, insurance, and other
  2 17 similar benefits permitted by the public employer including but
  2 18 not limited to federal savings programs, deferred compensation,
  2 19 and disability, life, health, and retirement benefits, and the
  2 20 employee has submitted a signed and written authorization for
  2 21 that deduction.
  2 22    Sec. 4.  REPEAL.  Section 70A.19, Code 2015, is repealed.
  2 23    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2 24 immediate importance, takes effect upon enactment.
  2 25    Sec. 6.  APPLICABILITY.  This Act applies to collective
  2 26 bargaining agreements entered into on or after the effective
  2 27 date of this Act.
  2 28                           EXPLANATION
  2 29 The inclusion of this explanation does not constitute agreement with
  2 30 the explanation's substance by the members of the general assembly.
  2 31    This bill concerns payroll deductions for employees of a
  2 32 public employer.
  2 33    Code section 20.9, concerning the scope of negotiations in
  2 34 public sector collective bargaining, is amended to prohibit
  2 35 negotiations authorizing a dues checkoff for members of the
  3  1 employee organization subject to the negotiations.
  3  2    Code section 70A.17A, concerning payroll deductions for
  3  3 dues, is stricken and rewritten by the bill.  The bill provides
  3  4 that a payroll deduction from the salary of an employee of
  3  5 a public employer shall not be permitted unless the payroll
  3  6 deduction is specifically authorized or required by law, or
  3  7 the deduction is to fund savings, insurance, and other similar
  3  8 benefits permitted by the public employer.  Current law allows
  3  9 a payroll deduction from the salary of a state officer or
  3 10 employee for dues to a professional or trade organization.
  3 11    Code section 70A.19, concerning the duration of state
  3 12 payroll deduction for dues of employee organization members,
  3 13 is repealed.
  3 14    The bill takes effect upon enactment and applies to
  3 15 collective bargaining agreements entered into on or after the
  3 16 effective date of the bill.
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