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
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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
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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
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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
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