34-32-1.1. Prohibiting public employers from making payroll deductions for political purposes.

436 words·~2 min read·/ut/title-34/chapter-32/34-32-1-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 2/27/2023

(1)As used in this section:

(i)"Labor organization" means a lawful organization of any kind that is composed, in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.

(ii)Except as provided in Subsection (1)(a)(iii) , "labor organization" includes each employee association and union for public employees.

(iii)"Labor organization" does not include organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.

(b)"Political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election.

(c)"Public employee" means a person employed by:

(i)the state of Utah or any administrative subunit of the state;

(ii)a state institution of higher education; or

(iii)a municipal corporation, a county, a municipality, a school district, a special district, a special service district, or any other political subdivision of the state.

(d)"Public employer" means an employer that is:

(i)the state of Utah or any administrative subunit of the state;

(ii)a state institution of higher education; or

(iii)a municipal corporation, a county, a municipality, a school district, a special district, a special service district, or any other political subdivision of the state.

(e)"Union dues" means dues, fees, assessments, or other money required as a condition of membership or participation in a labor organization.

(2)A public employer may not deduct from the wages of its employees any amounts to be paid to:

(a)a candidate as defined in Section 20A-11-101 ;

(b)a personal campaign committee as defined in Section 20A-11-101 ;

(c)a political action committee as defined in Section 20A-11-101 ;

(d)a political issues committee as defined in Section 20A-11-101 ;

(e)a registered political party as defined in Section 20A-11-101 ;

(f)a political fund as defined in Section 20A-11-1402 ; or

(g)any entity established by a labor organization to solicit, collect, or distribute money primarily for political purposes as defined in this chapter.

(3)The attorney general may bring an action to require a public employer to comply with the requirements of this section.

Amended by Chapter 16 , 2023 General Session