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THE SENATE |
S.B. NO. |
2612 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to payroll deductions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 40-54, Hawaii Revised Statutes, is amended to read as follows:
"§40-54 Payroll deductions authorized.
The comptroller of the State and the auditors of its political subdivisions
shall, if so requested in writing by any employee or officer of the State or of
any county, deduct from the compensation to the employee or officer for the
employee's [or officer's state or county employment membership dues,] group
insurance premiums[, and contributions for other group benefit plans to any
union or organization representing teachers, state, or county employees.].
After making [these deductions] this deduction, the comptroller
or auditor shall pay the money deducted to [each] the
organization or group insurance provider for the account of the employee
or officer."
SECTION 2. Section 89-4, Hawaii Revised Statutes, is amended to read as follows:
"§89-4 Payroll deductions. [(a)
Upon receiving from an exclusive representative a written statement specifying
the amount of regular dues required of its members in the appropriate
bargaining unit, the employer shall deduct this amount from the payroll of
every member employee in the appropriate bargaining unit and remit the amount
to the exclusive representative. Additionally, the employer shall deduct an
amount equivalent to the regular dues from the payroll of every nonmember
employee in the appropriate bargaining unit, and shall remit the amount to the
exclusive representative; provided that the deduction from the payroll of every
nonmember employee shall be made only for an exclusive representative which
provides for a procedure for determining the amount of a refund to any employee
who demands the return of any part of the deduction which represents the
employee's pro rata share of expenditures made by the exclusive representative
for activities of a political and ideological nature unrelated to terms and
conditions of employment. If a nonmember employee objects to the amount to be
refunded, the nonmember employee may petition the board for review thereof
within fifteen days after notice of the refund has been received. If an
employee organization is no longer the exclusive representative of the
appropriate bargaining unit, the deduction from the payroll of members and
nonmembers shall terminate.]
[(b)] (a) The employer shall,
upon written authorization by an employee, [executed at any time after the
employee's joining an employee organization,] deduct from the payroll of
the employee the amount of [membership dues, initiation fees,] group
insurance premiums[, and other association benefits] and shall remit the
amount to the group insurance provider or employee organization
designated by the employee.
(c) The employer shall continue all payroll
assignments authorized [by an employee prior to July 1, 1970 and all
assignments authorized] under subsection [(b)](a) until
notification is submitted by an employee to discontinue the employee's
assignments."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Payroll deductions; Membership and union dues excluded.
Description:
Provides that public employers are permitted to deduct group insurance premiums from employee's compensation upon written permission; removes public employer requirement to deduct membership or union dues from compensation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.