SF 103 (LSB 1790SS (1) 85)

SENATE FILE 103

BY  CHELGREN

A BILL FOR

An Act prohibiting labor unions from knowingly collecting dues from persons not lawfully present in the United States and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  731A.1  Union dues from persons not lawfully present in United States prohibited.
   1.  It shall be unlawful for a labor union, association, or organization, or an officer, representative, agent, or member thereof, to knowingly accept dues, charges, fees, contributions, fines, or assessments from a person who is not lawfully present in the United States.
   2.
  a.  If a labor union, association, or organization, or an officer, representative, agent, or member thereof, violates this section, the labor union, association, or organization shall pay the following civil penalty:
   (1)  For a first violation, not less than two hundred fifty dollars and not more than two thousand dollars for each person who is not lawfully present in the United States from whom dues, charges, fees, contributions, fines, or assessments are accepted.
   (2)  For a second violation, not less than two thousand dollars and not more than five thousand dollars for each person who is not lawfully present in the United States from whom dues, charges, fees, contributions, fines, or assessments are accepted.
   (3)  For a third or subsequent violation, not less than three thousand dollars and not more than ten thousand dollars for each person who is not lawfully present in the United States from whom dues, charges, fees, contributions, fines, or assessments are accepted.
   b.  In addition, if a labor union, association, or organization, or an officer, representative, agent, or member thereof, is found to have violated this section, the labor union, association, or organization shall be assessed the costs of the action to enforce the civil penalty, including the reasonable costs of investigation and attorney fees.
   3.  A civil action to enforce this provision shall be by equitable proceedings instituted by the attorney general or a county attorney.

   4.  Penalties collected pursuant to this section shall be paid to the treasurer of state for deposit in the general fund of the state.
EXPLANATION
   This bill prohibits any labor union, association, or organization, or the officers, representatives, agents or members thereof, from knowingly accepting dues, charges, fees, contributions, fines, or assessments from a person who is not lawfully present in the United States.
   The bill provides that if a labor union, association, or organization, or the officers, representatives, agents, or members thereof, violate the bill, the labor union, association, or organization shall pay a civil penalty in the amount of at least $250 and not more than $2,000 for a first violation, at least $2,000 and not more than $5,000 for a second violation, and at least $3,000 and not more than $10,000 for a third or subsequent violation. The labor union, association, or organization shall also be assessed the costs of the action to enforce the civil penalty, including the reasonable costs of investigation and attorney fees. The bill provides that a civil action to enforce the bill shall be by equitable proceedings instituted by the attorney general or a county attorney. The bill provides that penalties collected pursuant to the bill shall be paid to the treasurer of state for deposit in the state general fund.