First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0602.01 Jane Ritter x4342 SENATE BILL 13-168 SENATE SPONSORSHIP Marble, Lundberg HOUSE SPONSORSHIP Everett, Holbert Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning employer revocation periods for public employees' labor organizations. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill allows a public employee to request that his or her employer deduct dues for the benefit of a labor organization from the employee's wages. An employer is required to commence or cease making the deductions within 30 days after receiving a written request from an employee. A labor organization that receives dues from an employee's wages is required to make an annual financial disclosure to the employee. An employee may join or terminate membership with a labor organization at any time. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 22-61-106 as follows: 22-61-106. Labor organizations - membership - payment of dues - financial disclosure - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Employee" means a person employed in a public entity in the state of Colorado. (b) "Labor organization" means a lawful organization that is composed of employees and that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment. "Labor organization" includes a labor union exempt from taxation pursuant to section 501 (c) (5) of the federal "Internal Revenue Code of 1986", as amended, and a professional employee association exempt from taxation pursuant to section 501 (c) (6) of the federal "Internal Revenue Code of 1986", as amended. (2) (a) An employer shall commence or cease making deductions for dues for the benefit of a labor organization from the wages of an employee within thirty days after receiving a written request from the employee to commence or cease the deductions. (b) An employer must not condition an employee's request that the employer cease making deductions upon the labor organization's receipt of advance notice of the request or upon the labor organization's prior consent to cessation of the deductions. (c) A labor organization that receives dues from an employee's wages shall provide annual written financial information to each employee that discloses how the dues were spent by the labor organization. (d) An employer must not adopt a policy or enter into an agreement with a labor organization that requires the employer to withhold an amount to be paid to the labor organization from an employee's paycheck unless the withholding is subject to written authorization by the employee. (3) An employee may join, or terminate membership in, a labor organization at any time. Once an employee has terminated his or her membership in a labor organization, the membership remains terminated unless the employee actively chooses to rejoin the labor organization. An employer or labor organization may not place a restriction on the time that an employee may join or terminate membership in a labor organization. SECTION 2. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to contracts entered into on or after the applicable effective date of this act.