THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, FOLMER, WAUGH, ALLOWAY, PICCOLA, BRUBAKER, D. WHITE, M. WHITE AND MENSCH, JUNE 17, 2011

REFERRED TO LABOR AND INDUSTRY, JUNE 17, 2011  

AN ACT

Prohibiting a public employer from deducting from a public

employee's salary or wages any funds which inure to the

benefit of a private organization.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Public

Workers Paycheck Protection Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Deduction."  A subtraction of a monetary amount of any kind

by an employer from gross salary or wages.

"Private organization."  Any association, sole

proprietorship, partnership, corporation, limited liability

company or any other type of entity organized under the laws of

Pennsylvania or any other state.

"Public employee."  Any individual paid a wage or salary by a

public employer.

"Public employer."  The Commonwealth of Pennsylvania, its

political subdivisions, including school districts, and any

board, commission, agency, authority or other instrumentality

thereof.

Section 3.  Public employee payroll deductions.

(a)  Prohibitions on deductions.--A public employer shall not

take deductions from a public employee's salary or wages of any

funds that inure to the benefit of a private organization.

(b)  Exceptions.--The prohibitions under subsection (a) shall

not apply if:

(1)  The deductions represent the employee's contribution

toward direct or indirect benefits received from the employer

the value of which is considered part of the employee's

compensation from the employer, such as medical insurance,

retirement plans, a cafeteria plan as defined in section 125

of the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 125) or deferred compensation.

(2)  The public employer is in receipt of a court order

pertaining to the individual employee which provides for such

a deduction.

Section 4.  Injunctive relief.

Notwithstanding any other law to the contrary, a person

injured or threatened with injury by any action or conduct

prohibited by this act shall be entitled to injunctive relief

therefrom and to damages for any injuries sustained.

Section 5.  Repeals.

(a)  Specific.--The following acts and parts of acts are

repealed insofar as they are inconsistent with this act:

(1)  Sections 3 and 4 of the act of June 2, 1993 (P.L.45,

No.15), known as the Public Employee Fair Share Fee Law.

(2)  Section 2215 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929.

(3)  Section 705 of the act of July 23, 1970 (P.L.563,

No.195), known as the Public Employe Relations Act.

(b)  General.--All other acts and parts of acts are repealed

insofar as they are inconsistent with this act.

Section 6.  Effective date.

This act shall take effect in 60 days.