Bill Text: IA SF103 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting labor unions from knowingly collecting dues from persons not lawfully present in the United States and providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF103 Detail]

Download: Iowa-2013-SF103-Introduced.html

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Senate File 103 - Introduced
SENATE FILE 103
BY CHELGREN
A BILL FOR
An Act prohibiting labor unions from knowingly collecting dues
from persons not lawfully present in the United States and
providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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S.F. 103
Section 1. NEW SECTION . 731A.1 Union dues from persons not
lawfully present in United States prohibited.
1. It shall be unlawful for a labor union, association,
or organization, or an officer, representative, agent, or
member thereof, to knowingly accept dues, charges, fees,
contributions, fines, or assessments from a person who is not
lawfully present in the United States.
2. a. If a labor union, association, or organization, or
an officer, representative, agent, or member thereof, violates
this section, the labor union, association, or organization
shall pay the following civil penalty:
(1) For a first violation, not less than two hundred fifty
dollars and not more than two thousand dollars for each person
who is not lawfully present in the United States from whom
dues, charges, fees, contributions, fines, or assessments are
accepted.
(2) For a second violation, not less than two thousand
dollars and not more than five thousand dollars for each person
who is not lawfully present in the United States from whom
dues, charges, fees, contributions, fines, or assessments are
accepted.
(3) For a third or subsequent violation, not less than
three thousand dollars and not more than ten thousand dollars
for each person who is not lawfully present in the United
States from whom dues, charges, fees, contributions, fines, or
assessments are accepted.
b. In addition, if a labor union, association, or
organization, or an officer, representative, agent, or member
thereof, is found to have violated this section, the labor
union, association, or organization shall be assessed the costs
of the action to enforce the civil penalty, including the
reasonable costs of investigation and attorney fees.
3. A civil action to enforce this provision shall be by
equitable proceedings instituted by the attorney general or a
county attorney.
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S.F. 103
4. Penalties collected pursuant to this section shall be
paid to the treasurer of state for deposit in the general fund
of the state.
EXPLANATION
This bill prohibits any labor union, association, or
organization, or the officers, representatives, agents or
members thereof, from knowingly accepting dues, charges, fees,
contributions, fines, or assessments from a person who is not
lawfully present in the United States.
The bill provides that if a labor union, association,
or organization, or the officers, representatives, agents,
or members thereof, violate the bill, the labor union,
association, or organization shall pay a civil penalty in
the amount of at least $250 and not more than $2,000 for a
first violation, at least $2,000 and not more than $5,000 for
a second violation, and at least $3,000 and not more than
$10,000 for a third or subsequent violation. The labor union,
association, or organization shall also be assessed the costs
of the action to enforce the civil penalty, including the
reasonable costs of investigation and attorney fees. The bill
provides that a civil action to enforce the bill shall be by
equitable proceedings instituted by the attorney general or a
county attorney. The bill provides that penalties collected
pursuant to the bill shall be paid to the treasurer of state
for deposit in the state general fund.
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