Senate File 388 - Introduced SENATE FILE 388 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 An Act concerning payroll deductions for public employees and 1 including effective date and applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1915XS (4) 86 ec/rj
S.F. 388 Section 1. Section 20.9, unnumbered paragraph 1, Code 2015, 1 is amended to read as follows: 2 The public employer and the employee organization shall meet 3 at reasonable times, including meetings reasonably in advance 4 of the public employer’s budget-making process, to negotiate in 5 good faith with respect to wages, hours, vacations, insurance, 6 holidays, leaves of absence, shift differentials, overtime 7 compensation, supplemental pay, seniority, transfer procedures, 8 job classifications, health and safety matters, evaluation 9 procedures, procedures for staff reduction, in-service training 10 and other matters mutually agreed upon. Negotiations shall 11 also include terms authorizing dues checkoff for members of the 12 employee organization and grievance procedures for resolving 13 any questions arising under the agreement, which shall be 14 embodied in a written agreement and signed by the parties. 15 If an agreement provides for Negotiations shall not include 16 terms authorizing dues checkoff , a member’s dues may be checked 17 off only upon the member’s written request and the member may 18 terminate the dues checkoff at any time by giving thirty days’ 19 written notice for members of the employee organization . Such 20 obligation to negotiate in good faith does not compel either 21 party to agree to a proposal or make a concession. 22 Sec. 2. Section 20.12, subsection 5, Code 2015, is amended 23 to read as follows: 24 5. If an employee organization or any of its officers 25 is held to be in contempt of court for failure to comply 26 with an injunction pursuant to this section , or is convicted 27 of violating this section , the employee organization shall 28 be immediately decertified, shall cease to represent the 29 bargaining unit, shall cease to receive any dues by checkoff, 30 and may again be certified only after twelve months have 31 elapsed from the effective date of decertification and only 32 after a new compliance with section 20.14 . The penalties 33 provided in this section may be suspended or modified by the 34 court, but only upon request of the public employer and only 35 -1- LSB 1915XS (4) 86 ec/rj 1/ 3
S.F. 388 if the court determines the suspension or modification is in 1 the public interest. 2 Sec. 3. Section 70A.17A, Code 2015, is amended by striking 3 the section and inserting in lieu thereof the following: 4 70A.17A Payroll deduction —— limitation. 5 1. For the purposes of this section, “public employer” 6 means the state, a board of directors of a school district, a 7 community college, an area education agency, a county board of 8 supervisors, or a governing body of a city. 9 2. A public employer shall not authorize deductions from the 10 salaries or wages of its employees unless any of the following 11 apply: 12 a. The deduction is specifically authorized or required by 13 law and the deduction complies with the requirements for that 14 deduction. 15 b. The deduction is to fund savings, insurance, and other 16 similar benefits permitted by the public employer including but 17 not limited to federal savings programs, deferred compensation, 18 and disability, life, health, and retirement benefits, and the 19 employee has submitted a signed and written authorization for 20 that deduction. 21 Sec. 4. REPEAL. Section 70A.19, Code 2015, is repealed. 22 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 23 immediate importance, takes effect upon enactment. 24 Sec. 6. APPLICABILITY. This Act applies to collective 25 bargaining agreements entered into on or after the effective 26 date of this Act. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill concerns payroll deductions for employees of a 31 public employer. 32 Code section 20.9, concerning the scope of negotiations in 33 public sector collective bargaining, is amended to prohibit 34 negotiations authorizing a dues checkoff for members of the 35 -2- LSB 1915XS (4) 86 ec/rj 2/ 3
S.F. 388 employee organization subject to the negotiations. 1 Code section 70A.17A, concerning payroll deductions for 2 dues, is stricken and rewritten by the bill. The bill provides 3 that a payroll deduction from the salary of an employee of 4 a public employer shall not be permitted unless the payroll 5 deduction is specifically authorized or required by law, or 6 the deduction is to fund savings, insurance, and other similar 7 benefits permitted by the public employer. Current law allows 8 a payroll deduction from the salary of a state officer or 9 employee for dues to a professional or trade organization. 10 Code section 70A.19, concerning the duration of state 11 payroll deduction for dues of employee organization members, 12 is repealed. 13 The bill takes effect upon enactment and applies to 14 collective bargaining agreements entered into on or after the 15 effective date of the bill. 16 -3- LSB 1915XS (4) 86 ec/rj 3/ 3