HLS 15RS-417 ORIGINAL 2015 Regular Session HOUSE BILL NO. 141 BY REPRESENTATIVE SEABAUGH Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. PUBLIC EMPLOYEES: Provides relative to authorized payroll withholdings for public employees 1 AN ACT 2To amend and reenact R.S. 23:890(F) and R.S. 42:456(A)(1) and 457.1 and to repeal R.S. 3 17:438 and R.S. 42:457, relative to public employee payroll withholdings; to remove 4 authority for certain payroll withholdings; to provide for certain withholdings for 5 professional law enforcement officers and firefighters; and to provide for related 6 matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 23:890(F) is hereby amended and reenacted to read as follows: 9 §890. Labor policy 10 * * * 11 F. Employees of such publicly owned and/or or operated transportation 12 systems hereafter acquired may authorize and upon such authorization the aforesaid 13 municipality, transit authority, or other authority organized for the purpose may 14 make deductions from wages and salaries of such employees: 15 (1) Pursuant to a collective bargaining agreement with a duly designated or 16 certified labor organization for the payment of union dues, fees or assessments. 17 (2) For the payment of contributions pursuant to any health and welfare plan 18 or pension or retirement plan, and. Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-417 ORIGINAL HB NO. 141 1 (3) (2) For any purposes for which deductions may be authorized by 2 employees of any private employer. 3 * * * 4 Section 2. R.S. 42:456(A)(1) and 457.1 are hereby amended and reenacted to read 5as follows: 6 §456. Permitted withholdings 7 A. Payroll deductions shall be authorized only for the following: 8 (1) Mandated federal or state income withholdings, credit unions, 9 garnishments, liens, union dues, savings bonds programs, qualified United Way 10 entities, health and life insurance products offered through the Office of Group 11 Benefits, and products having state participating contributions, sponsored by the 12 Office of Group Benefits, which qualify and are offered under Section 125 of the 13 Internal Revenue Code (Cafeteria Plan). 14 * * * 15 §457.1. Professional law enforcement and firefighter association dues 16 Any employee of the state or of any political subdivision of the state may 17 authorize his employer to withhold from his salary a specific amount for such pay 18 periods as may be designated, for payment of his dues to any professional state or 19 local law enforcement or firefighter association or union which is located or is 20 operating a chapter within the respective jurisdiction and to which the employee 21 belongs. The employee must shall voluntarily execute and furnish to the employer 22 a written and specific authorization for such deduction. Upon receipt of such 23 authorization, and in accordance with the instructions contained therein, the 24 employer shall begin to make such deductions. The amounts withheld shall be 25 remitted forthwith to the organization designated by the employee. The provisions 26 of this Section shall not apply to any employee of the local sheriff's office or parish 27 law enforcement district. 28 Section 3. R.S. 17:438 and R.S. 42:457 are hereby repealed in their entirety. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-417 ORIGINAL HB NO. 141 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 141 Original 2015 Regular Session Seabaugh Abstract: Removes authority for teachers, school board employees, and public employees to withhold payroll deductions for union fees. Present law (R.S. 23:890) provides for the labor policy when a municipality or transit authority acquires or operates a transportation facility. Present law allows that employees of the acquired facility may authorize deductions of wages and salaries for the following purposes: (1) Pursuant to a collective bargaining agreement with a duly designated or certified labor organization for the payment of union dues, fees, or assessments. (2) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan. (3) For any purposes for which deductions may be authorized by employees of any private employer. Proposed law removes union dues as an authorized deduction. Present law (R.S. 42:456) authorizes state employee payroll withholdings for the following: (1)Mandated federal or state income withholdings, credit unions, garnishments, liens, union dues, savings bonds programs, qualified United Way entities, health and life insurance products offered through the Office of Group Benefits, products having state participating contributions, sponsored by the Office of Group Benefits, which qualify and are offered under Section 125 of the Internal Revenue Code (Cafeteria Plan). (2)Products offered without state contributory participation which have been evaluated and approved in accordance with rules and procedures promulgated by the commissioner of administration. Proposed law removes union dues as an authorized payroll withholding. Present law (R.S. 17:438) provides that any teacher or school board employee may authorize the school board to deduct organization dues from his earnings. Present law (R.S. 17:438) provides that no deductions can be made unless 50 such employees or 10% of the total number of employees (whichever is less) request the deduction. Proposed law repeals present law. Present law (R.S. 42:457) authorizes any state, parish, or city employee to withhold from his salary a specific amount for payment of his dues to any labor organization to which he belongs. Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-417 ORIGINAL HB NO. 141 Proposed law repeals present law. (Amends R.S. 23:890(F) and R.S. 42:456(A)(1) and 457.1; Repeals R.S. 17:438 and R.S. 42:457) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.