0001|                            HOUSE BILL 408
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                            KIP W. NICELY
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO LABOR; REQUIRING LABOR ORGANIZATIONS TO ESTABLISH
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0012|     SEPARATE FUNDS FOR POLITICAL PURPOSES; LIMITING CONTRIBUTIONS;
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0013|     PROVIDING CRIMINAL PENALTIES.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "Labor Organization Deductions Act".
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0018|          Section 2.  DEFINITIONS.--As used in the Labor
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0019|     Organization Deductions Act:
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0020|               A.  "fund" means a separate, segregated account
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0021|     established by a labor organization for political purposes;
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0022|     and
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0023|               B.  "labor organization" means an association,
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0024|     union or other organization of employees and any agency,
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0025|     employee representation committee or plan in which employees
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0001|     participate that exists in whole or in part to advocate on
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0002|     behalf of employees about grievances, labor disputes, wages,
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0003|     rates of pay, hours of employment or conditions of work. 
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0004|     "Labor organization" includes employee associations and unions
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0005|     for public employees, including the national education
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0006|     association, the American federation of teachers and each
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0007|     local education association or affiliate of a national
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0008|     education association.
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0009|          Section 3.  LIMITS ON LABOR ORGANIZATION CONTRIBUTIONS.--
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0010|               A.  Except as provided in Subsection B of this
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0011|     section, a labor organization shall not expend money for
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0012|     lobbying, electoral and political activities not bearing on
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0013|     the ratification or implementation of a collective bargaining
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0014|     agreement.  This prohibition includes independent expenditures
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0015|     or contributions to a candidate, political party, voter
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0016|     registration campaign or other political cause.
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0017|               B.  A labor organization shall only expend money
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0018|     for lobbying, electoral and political activities not bearing
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0019|     on the ratification or implementation of a collective
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0020|     bargaining agreement if the labor organization establishes a
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0021|     fund to be used for political purposes.
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0022|               C.  The labor organization shall ensure that:
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0023|                    (1)  contributions to the fund are solicited
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0024|     independently of any other solicitations by the labor
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0025|     organization;
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0001|                    (2)  dues or other fees for membership in the
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0002|     labor organization are not used for political purposes,
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0003|     transferred to the fund or intermingled in any way with the
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0004|     fund; and
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0005|                    (3)  the cost of administering the fund is
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0006|     paid from fund contributions and not from dues or other fees
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0007|     for membership in the labor organization.
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0008|          Section 4.  REGISTRATION--DISCLOSURE.--A fund established
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0009|     by a labor organization pursuant to the Labor Organization
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0010|     Deductions Act shall register as a political action committee
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0011|     as required by law and file the financial reports for
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0012|     political action committees required by law.
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0013|          Section 5.  ASSIGNMENTS TO LABOR ORGANIZATION.--
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0014|               A.  Except as provided in Subsection D of this
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0015|     section, an employee of a person in New Mexico, including the
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0016|     state or a political subdivision of the state, may sign and
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0017|     deliver to his employer a written instrument directing the
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0018|     employer to:
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0019|                    (1)  deduct a specified sum from his monthly
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0020|     wages; and
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0021|                    (2)  pay the deduction to a labor organization
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0022|     as assignee.
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0023|               B.  An employer that receives a written instrument
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0024|     assigning a specified sum from the employee's wages shall:
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0025|                    (1)  keep the instrument on file;
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0001|                    (2)  deduct the specified sum from the
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0002|     employee's salary; and
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0003|                    (3)  pay the deducted amount to the labor
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0004|     organization designated by the employee.
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0005|               C.  The employer shall continue to make and pay the
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0006|     deduction as directed by the employee until the employee
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0007|     revokes or modifies the deduction in writing.
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0008|               D.  An employee shall not direct an employer to
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0009|     deduct money from his wages and pay them to:
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0010|                    (1)  a registered political action committee;
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0011|                    (2)  a fund; or
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0012|                    (3)  an intermediary that contributes to a
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0013|     regional political committee or fund.
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0014|               E.  Nothing in this section prohibits a person from
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0015|     making personal contributions to a registered political action
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0016|     committee or a fund.
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0017|          Section 5.  CRIMINAL ACTS--PENALTIES.--
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0018|               A.  It is unlawful for a labor organization to make
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0019|     a contribution by using money or other thing of value:
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0020|                    (1)  secured by physical force, job
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0021|     discrimination, membership discrimination or financial
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0022|     reprisals or threats of any of these;
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0023|                    (2)  from dues, fees or other money required
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0024|     as a condition of membership in a labor organization or as a
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0025|     condition of employment; or
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0001|                    (3)  obtained in a commercial transaction.
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0002|               B.  At the time the labor organization is
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0003|     soliciting money for the fund from an employee, it is unlawful
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0004|     for the labor organization to fail to:
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0005|                    (1)  inform the employee of the fund's
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0006|     political purpose; and
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0007|                    (2)  inform the employee of the employee's
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0008|     right to refuse to contribute without fear of reprisal.
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0009|               C.  It is unlawful for a labor organization to pay
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0010|     a member for a contribution to the fund by providing a bonus,
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0011|     expense account, rebate of dues or other membership fees or
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0012|     any other form of direct or indirect compensation.
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0013|               D.  Whoever violates the provisions of this section
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0014|     is guilty of a misdemeanor and upon conviction shall be
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0015|     sentenced in accordance with the provisions of Section 
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0016|     31-19-1 NMSA 1978.
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0017|          Section 6.  EFFECTIVE DATE.--The effective date of the
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0018|     provisions of this act is July 1, 1998.
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0019|                              
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