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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2103 |
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AN ACT
amending section 23-361.02, Arizona Revised Statutes; relating to public employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-361.02, Arizona Revised Statutes, is amended to read:
23-361.02. Paycheck deductions; authorization; civil penalty; definition
A. For deductions after October 1, 2011, a public or private employer in this state shall not deduct any third party payment from an employee's paycheck for political purposes unless the employee annually provides express written or electronic authorization to the employer for the deduction.
B. If a deduction is made from an employee's paycheck for multiple purposes after October 1, 2011, the employer shall obtain a statement from each entity to which the deductions are paid that indicates the payment is not used for political purposes or a statement that indicates the maximum percentage of the payment that is used for political purposes. The employer shall not deduct any payment beyond that specified for nonpolitical purposes without the annual written or electronic permission of the employee.
C. B. Within ninety days after the effective date of this section, The attorney general shall adopt rules that describe the acceptable forms of employee authorization and entity statements under this section.
D. C. If an a public employer knowingly deducts payments in violation of subsection A of this section or an entity provides an inaccurate statement under this section, the respective employer or entity is subject to a civil penalty of at least ten thousand dollars for each violation. The attorney general shall impose and collect the civil penalties under this subsection and shall deposit, pursuant to sections 35‑146 and 35‑147, all civil penalties collected pursuant to this section in the state general fund.
E. D. This section does not apply to any of the following:
1. A single deduction for nonpolitical purposes.
2. Deductions for savings or charitable contributions.
3. 1. Deductions for employee health care, retiree or welfare benefits or deductions or salary reductions to plans qualified under the internal revenue code.
4. 2. Deductions for state, local or federal taxes.
5. Deductions for contributions to a separate segregated fund pursuant to 2 United States Code section 441b(b) or section 16‑920, subsection A, paragraph 3.
6. 3. Any deduction otherwise required by law, including salary reductions, contributions or deductions to the state retirement systems or plans established by title 38, chapter 5, article 2, 2.1, 3, 4, 6 or 8 and contributions to the optional retirement plans established pursuant to section 15-1451 or 15-1628.
4. deductions for shares or obligations to any state or federally chartered credit union as authorized by section 38-612, subsection b, paragraph 2.
F. E. If an employee has authorized a deduction from the employee's paycheck under this section and the employee resigns membership in the association or organization for which the deduction was authorized, the employee's authorization for the deduction is rescinded upon the employer's receipt from the employee of written notice of the resignation. The employer shall have one pay period to process the rescission.
G. F. This section does not preempt any federal law.
H. For the purposes of this section, employee does not include any public safety employee, including a peace officer, firefighter, corrections officer, probation officer or surveillance officer, who is employed by this state or a political subdivision of this state.
I. For the purposes of this section, "political purposes" means supporting or opposing any candidate for public office, political party, referendum, initiative, political issue advocacy, political action committee or other similar group.
G. For the purposes of this section, "public employer" means any entity that primarily relies on tax revenues.
Sec. 2. Severability
If any provision of this act, either facially or as applied to any person or circumstance, is held invalid or causes this act to be held invalid substantially on the grounds that the provision or this act singles out any union or class of unions or employee association for unequal treatment, the provision causing such unequal treatment shall be severed and the remainder of this act shall be construed as encompassing all unions and all classes of unions.
(NOT ENACTED)
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.