Senate File 103 - Introduced SENATE FILE 103 BY CHELGREN A BILL FOR An Act prohibiting labor unions from knowingly collecting dues 1 from persons not lawfully present in the United States and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1790SS (1) 85 je/rj

S.F. 103 Section 1. NEW SECTION . 731A.1 Union dues from persons not 1 lawfully present in United States prohibited. 2 1. It shall be unlawful for a labor union, association, 3 or organization, or an officer, representative, agent, or 4 member thereof, to knowingly accept dues, charges, fees, 5 contributions, fines, or assessments from a person who is not 6 lawfully present in the United States. 7 2. a. If a labor union, association, or organization, or 8 an officer, representative, agent, or member thereof, violates 9 this section, the labor union, association, or organization 10 shall pay the following civil penalty: 11 (1) For a first violation, not less than two hundred fifty 12 dollars and not more than two thousand dollars for each person 13 who is not lawfully present in the United States from whom 14 dues, charges, fees, contributions, fines, or assessments are 15 accepted. 16 (2) For a second violation, not less than two thousand 17 dollars and not more than five thousand dollars for each person 18 who is not lawfully present in the United States from whom 19 dues, charges, fees, contributions, fines, or assessments are 20 accepted. 21 (3) For a third or subsequent violation, not less than 22 three thousand dollars and not more than ten thousand dollars 23 for each person who is not lawfully present in the United 24 States from whom dues, charges, fees, contributions, fines, or 25 assessments are accepted. 26 b. In addition, if a labor union, association, or 27 organization, or an officer, representative, agent, or member 28 thereof, is found to have violated this section, the labor 29 union, association, or organization shall be assessed the costs 30 of the action to enforce the civil penalty, including the 31 reasonable costs of investigation and attorney fees. 32 3. A civil action to enforce this provision shall be by 33 equitable proceedings instituted by the attorney general or a 34 county attorney. 35 -1- LSB 1790SS (1) 85 je/rj 1/ 2

S.F. 103 4. Penalties collected pursuant to this section shall be 1 paid to the treasurer of state for deposit in the general fund 2 of the state. 3 EXPLANATION 4 This bill prohibits any labor union, association, or 5 organization, or the officers, representatives, agents or 6 members thereof, from knowingly accepting dues, charges, fees, 7 contributions, fines, or assessments from a person who is not 8 lawfully present in the United States. 9 The bill provides that if a labor union, association, 10 or organization, or the officers, representatives, agents, 11 or members thereof, violate the bill, the labor union, 12 association, or organization shall pay a civil penalty in 13 the amount of at least $250 and not more than $2,000 for a 14 first violation, at least $2,000 and not more than $5,000 for 15 a second violation, and at least $3,000 and not more than 16 $10,000 for a third or subsequent violation. The labor union, 17 association, or organization shall also be assessed the costs 18 of the action to enforce the civil penalty, including the 19 reasonable costs of investigation and attorney fees. The bill 20 provides that a civil action to enforce the bill shall be by 21 equitable proceedings instituted by the attorney general or a 22 county attorney. The bill provides that penalties collected 23 pursuant to the bill shall be paid to the treasurer of state 24 for deposit in the state general fund. 25 -2- LSB 1790SS (1) 85 je/rj 2/ 2