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A00173
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
166
Session of
2017
INTRODUCED BY EICHELBERGER, REGAN, SCARNATI, MARTIN, YAW,
ALLOWAY, FOLMER, GORDNER, RESCHENTHALER, AUMENT, CORMAN,
HUTCHINSON, WHITE, STEFANO, VULAKOVICH AND DiSANTO,
JANUARY 20, 2017
SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, JANUARY 31, 2017
AN ACT
Providing for protection of paychecks of certain workers and for
the collection of political contributions.
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 Protection of
Public Employee Wages Act.
Section 2. Public policy.
The General Assembly finds and declares that it is the public
policy of this Commonwealth and the purpose of this act to
promote orderly and constructive relationships between employers
and their employees and that this overall policy may be
accomplished, at least in part, by ensuring public employers do
not collect money intended for political or other inappropriate
purposes from the wages of public employees.
Section 3. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Charitable contribution." A contribution to a benevolent,
educational, philanthropic, humane, scientific, patriotic,
social welfare or advocacy, public health, environmental
conservation, civic or eleemosynary organization that does not
make political contributions as defined in this act.
"Fair share fee." The regular membership dues required of
members of an employee organization acting as exclusive
representative less the cost for the previous fiscal year of its
activities or undertakings which were not reasonably employed to
implement or effectuate the duties of the employee organization
as exclusive representative. This definition shall stand in pari
materia with the definition of "fair share fee" in section 2215
of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, and the definition of "fair share
fee" in section 2 of the act of June 2, 1993 (P.L.45, No.15),
known as the Public Employee Fair Share Fee Law.
"LEGISLATIVE PURPOSE." THE TERM SHALL NOT INCLUDE THE
NEGOTIATION, RESOLUTION, ARBITRATION, ADMINISTRATION OR
ENFORCEMENT OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN A
BARGAINING REPRESENTATIVE AND A PUBLIC EMPLOYER.
"Political contribution." Money or funds appropriated to be
used for:
(1) a contribution, as defined in section 1621 of the
act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code;
(2) an independent expenditure, as defined in section
1621 of the Pennsylvania Election Code;
(3) an expenditure, as defined in section 1621 of the
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Pennsylvania Election Code;
(4) lobbying, as defined in 65 Pa.C.S. ยง 13A03 (relating
to definitions);
(5) a voter registration drive;
(6) a get-out-the-vote drive; or
(7) any other electoral, political or legislative
purpose.
"Public employee." An individual employed by a public
employer, including a public school employee under the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949.
"Public employer." The Commonwealth, a political
subdivision, a school district, a charter school, a cyber
charter school and any officer, board, commission, agency,
authority or other instrumentality thereof.
"Wages." Hourly rates of pay, salary or other form of
compensation due to an employee for services rendered.
Section 4. Protection of public employee wages.
(a) Paycheck protection.--A public employer may not deduct
from the wages of a public employee money or funds to be used
for political contributions, except as required by a valid
collective bargaining agreement entered into between a public
employer and a representative of its employees prior to the
effective date of this section. No individual or organization
shall seek to have a political contribution deducted from the
wages of a public employee. A collective bargaining agreement
entered into, renewed or extended on or after the effective date
of this section shall not contain provisions authorizing or
requiring the deduction of political contributions.
(b) Applicability.--Nothing in this section shall be
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construed to preclude a public employer from:
(1) deducting a designated amount for a charitable
contribution expressly authorized by an employee; or
(2) if required to do so by a collective bargaining
agreement entered into with a representative of its
employees, deducting from the wages of an employee
organization member an amount equal to, but not greater than,
a fair share fee.
Section 5. Effective date.
This act shall take effect as follows:
(1) Section 4 shall take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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