Bill Text: MN HF2140 | 2011-2012 | 87th Legislature | Introduced


Bill Title: Freedom of employment established, and constitutional amendment proposed.

Spectrum: Partisan Bill (Republican 21-0)

Status: (Introduced - Dead) 2012-05-07 - Author added Doepke [HF2140 Detail]

Download: Minnesota-2011-HF2140-Introduced.html

1.1A bill for an act
1.2proposing an amendment to the Minnesota Constitution, article I, by adding a
1.3section; establishing a freedom of employment.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.6An amendment to the Minnesota Constitution is proposed to the people. If the
1.7amendment is adopted, a section shall be added to article I, to read:
1.8Sec. 18. No person shall be required as a condition of obtaining or continuing
1.9public sector or private sector employment to: (1) resign or refrain from membership
1.10in, voluntary affiliation with, or voluntary financial support of a labor organization; (2)
1.11become or remain a member of a labor organization; (3) pay any dues, fees, assessments,
1.12or other charges of any kind or amount, or provide anything else of value, to a labor
1.13organization; or (4) pay to any charity or other third party an amount equivalent to,
1.14or a portion of, dues, fees, assessments, or other charges required of members of a
1.15labor organization. An agreement, contract, understanding, or practice between a labor
1.16organization and an employer that takes force or is extended or renewed after adoption of
1.17this section and that violates this section is unlawful and unenforceable. A person who
1.18suffers an injury or a threatened injury under this section may bring a civil action for
1.19damages, injunctive relief, or both. In addition, a court shall award a prevailing plaintiff
1.20costs and reasonable attorney fees. As used in this section, "labor organization" means any
1.21agency, union, employee representation committee, or organization of any kind that exists
1.22for the purpose, in whole or in part, of dealing with employers concerning wages, rates
1.23of pay, hours of work, other conditions of employment, or other forms of compensation.
1.24If any part of this section is found to be in conflict with the United States Constitution
2.1or federal law, the section shall be implemented to the maximum extent that the United
2.2States Constitution and federal law permit. Any provision held invalid or inoperative is
2.3severable from the remaining portions of this section.

2.4    Sec. 2. SUBMISSION TO VOTERS.
2.5The proposed amendment must be submitted to the people at the 2012 general
2.6election. The question submitted must be:
2.7"Shall the Minnesota Constitution be amended to guarantee all citizens the
2.8individual freedom to decide to join or not join a labor union, and to pay or not pay dues to
2.9a labor union?
2.10
Yes
.....
2.11
No ..... "
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