34-32-1.1 - Prohibiting public employers from making payroll deductions for political purposes.
34-32-1.1. Prohibiting public employers from making payroll deductions forpolitical purposes.
(1) As used in this section:
(a) (i) "Labor organization" means a lawful organization of any kind that is composed, inwhole or in part, of employees and that exists for the purpose, in whole or in part, of dealing withemployers concerning grievances, labor disputes, wages, rates of pay, hours of employment, orother terms and conditions of employment.
(ii) Except as provided in Subsection (1)(b)(iii), "labor organization" includes eachemployee association and union for public employees.
(iii) "Labor organization" does not include organizations governed by the National LaborRelations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
(b) "Political purposes" means an act done with the intent or in a way to influence or tendto influence, directly or indirectly, any person to refrain from voting or to vote for or against anycandidate for public office at any caucus, political convention, primary, or election.
(c) "Public employee" means a person employed by:
(i) the state of Utah or any administrative subunit of the state;
(ii) a state institution of higher education; or
(iii) a municipal corporation, a county, a municipality, a school district, a local district, aspecial service district, or any other political subdivision of the state.
(d) "Public employer" means an employer that is:
(i) the state of Utah or any administrative subunit of the state;
(ii) a state institution of higher education; or
(iii) a municipal corporation, a county, a municipality, a school district, a local district, aspecial service district, or any other political subdivision of the state.
(e) "Union dues" means dues, fees, assessments, or other money required as a conditionof membership or participation in a labor organization.
(2) A public employer may not deduct from the wages of its employees any amounts tobe paid to:
(a) a candidate as defined in Section 20A-11-101;
(b) a personal campaign committee as defined in Section 20A-11-101;
(c) a political action committee as defined in Section 20A-11-101;
(d) a political issues committee as defined in Section 20A-11-101;
(e) a registered political party as defined in Section 20A-11-101;
(f) a political fund as defined in Section 20A-11-1402; or
(g) any entity established by a labor organization to solicit, collect, or distribute moneyprimarily for political purposes as defined in this chapter.
(3) The attorney general may bring an action to require a public employer to comply withthe requirements of this section.
Amended by Chapter 329, 2007 General Session