HB 178 — Public unions-transparency and dues withdrawal limitations.

SORIGINAL TATE OF W YOMING 26LSO-0241 HOUSE ENGROSSED BILL NO.

HB0178 PublicENROLLED unions-transparencyACT andNO. dues withdrawal limitations.

Sponsored35, by:HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING BUDGET SESSION AN ACT relating to labor and employment;

Representative(s) Williams, Bear and Haroldson and Senator(s) Boner, Hicks, Pearson and Steinmetz A BILL for AN ACT relating to labor and employment;

requiring reports by public employee unions to members as specified;

repealing obsolete provisions;

limitations on support;support.

reporting(a) requirements.No public employer, nor its agents or representatives or any persons acting on behalf of the public employer, shall use or authorize the use of public funds or facilities to support or fundraise by:

HB0178(i) STATEDeducting OFdues, WYOMINGfees, 26LSO-0241assessments, 2fines (a)or Nocontributions publicfrom employer,the norpay itsof agents or representatives or any personspublic actingemployee on behalf of thea: public employer, shall use or authorize the use of public funds or facilities to support or fundraise for a labor organization by:

8 (i) Deducting dues, fees, assessments, fines or contributions from the pay of any public employee on behalf of a:

§ 30101(4).30101(4);

2ORIGINAL HB0178HOUSE STATEENGROSSED OFBILL WYOMINGNO. 26LSO-0241 (b) Except as provided by subsection (d) of this section and not later than February 15 of each year, each labor organization with public employees as members, and each affiliate of a labor organization, shall prepare and submit a report that shall include, at a minimum, all of the following as of the end of the labor organization's most recent fiscal year:

9HB0178 (i)ENROLLED TheACT numberNO. of public employees who are represented by the labor organization for the purposes of collective bargaining with a public employer;

(ii)35, TheHOUSE numberOF ofREPRESENTATIVES publicSIXTY-EIGHTH employeesLEGISLATURE payingOF theTHE dues,STATE feesOF orWYOMING otherBUDGET chargesSESSION required(E) Any candidate for membershipfederal, instate theor laborlocal organization;office.

(iii)(b) TheAny amountperson ofwho revenueviolates thethis laborsection organizationshall collectedbe inguilty dues,of fees,a contributionsmisdemeanor. and other charges from members and from other sources, itemized by category;

(iv)(c) TheNothing totalin amountthis thesection laborshall organizationbe expendedconstrued to:

HB0178(i) STATEAuthorize OFa WYOMINGgovernmental 26LSO-0241entity 2that (A)does Supportnot orindependently opposepossess anythe candidateauthority forto federal,engage statein orcollective localbargaining publicwith office;a labor organization;

5 (B) Influence the passage or defeat of any federal or state legislation, federal or state regulation, local ordinance or resolution or any ballot measure;

9 (C) Engage in litigation or secure or provide other legal services;

(D) Compensate independent contractors, consultants and vendors;

and (E) An itemized list of all receipts from, or disbursements to, a person if the aggregate total of the transactions during the labor organization's fiscal year is not less than five thousand dollars ($5,000.00).

(c) For each report prepared under subsection (b) of this section, the labor organization shall:

4 HB0178 STATE OF WYOMING 26LSO-0241 (i) Distribute the report to each of its members;

4 (ii) Publish the report on the labor organization's website;

and 7 (iii) Make the report available to any person upon request.

(d) A labor organization that for the applicable fiscal year prepares and files a federal labor organization annual report, form LM-2, with the United States department of labor shall not be required to prepare or distribute the annual report required under subsection (b) of this section.

(e) Any person who violates this section shall be guilty of a misdemeanor.

(f) Any person may file a complaint alleging a violation of this section with the attorney general or the district attorney of the county in which the violation is alleged to have occurred.

The attorney general or district HB0178 STATE OF WYOMING 26LSO-0241 attorney, as applicable, may investigate and prosecute violations of this section.

4 (g) Nothing in this section shall be construed to:

6 (i) Authorize a governmental entity that does not independently possess the authority to engage in collective bargaining with a labor organization;

27-10-101 through 27-10-109;27-10-109, including the ability to collectively bargain for deductions from wages;

§ 5333(b) or HB0178 STATE OF WYOMING 26LSO-0241 jeopardize its continued eligibility to receive federal transit administration funding;

4 (vi) Prohibit a public employee from paying dues, fees, contributions or other charges directly to a labor organization or a political fund organized by or associated with the labor organization.organization;

9ORIGINAL SectionHOUSE 2.ENGROSSED BILL NO.

HB0178 ENROLLED ACT NO.

35, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING BUDGET SESSION (vii) Require any labor organization to disclose the names or identifying information of its members.

Section 2.

27-7-108 by creating a new subsectionsubsections (c) isand (d) and 27-7-115 are amended to read:

(c) As"Public usedemployee" inmeans thisan act:employee of a public employer.