2079 AMH CHAB KERR 048

HB 2079 - H AMD 204

By Representative Armstrong

FAILED 3/9/2007

   On page 1, beginning on line 11, strike "its general treasury funds" and insert "any fund or account where agency shop fees are commingled"

   On page 1, line 13, after "in" strike "its general treasury" and insert "any such fund or account"

   On page 1, line 13, after "expenditures." strike all material through "immediately." on page 2, line 1, and insert:

   "(3) A labor organization that uses a fund or account where agency shop fees are commingled to make such contributions or expenditures must:

   (a) Annually send separate written notice to each nonmember providing information on the labor organization's compliance with the requirements of subsection (1) of this section. The written notice must be on a form provided by the public disclosure commission and must include, but is not limited to, the following information:

   (i) The text of the statute and a statement that the written notice is in part compliance with the statutory requirements therein;

   (ii) An explanation that the notice is provided because the individual is a nonmember of the labor organization and is entitled to a rebate of fees spent in excess of chargeable activities; and

   (iii) A complete accounting of the total revenue from member dues and agency shop fees, and of expenditures on chargeable and nonchargeable activities for preceding three fiscal years; and

   (b) Include with the written notice a separate card that the nonmember can sign and return to the labor organization to obtain a rebate of his or her portion of the agency shop fees not spent on chargeable activities."

   Correct the title.

EFFECT: Changes references about a labor organization's general treasury fund to refer to any fund or account where agency shop fees are commingled. Requires labor organizations to provide nonmembers with written notice as to its compliance with the statutory requirements for use of agency shop fees. Written notice must include the text of the statute, an explanation that the individual is receiving the notice because he or she is a nonmember, and a financial accounting of the labor organization for the three previous fiscal years that includes revenue from member dues and agency shop fees and expenditures for chargeable and nonchargeable activities. Included with the written notice must be a card the nonmember can sign and return to the labor organization to obtain a refund of fees not spent on chargeable activities. Removes the emergency clause.