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bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING LABOR ORGANIZATIONS FROM CONTRIBUTING TO POLITICAL CANDIDATES OR PARTIES; prohibiting direct or indirect pecuniary donations made by a public labor organization to any political candidates or parties; providing definitions; AMENDING SECTIONS 39-31-402 AND 45-7-101, MCA; and PROVIDING AN APPLICABILITY DATE."
WHEREAS, this act will prohibit the direct influencing of state and local elections for the purpose of obtaining a more favorable collective bargaining agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 39-31-402, MCA, is amended to read:
"39-31-402. Unfair labor practices of labor organization. It is an unfair labor practice for a labor organization or its agents to:
(1) restrain or coerce:
(a) employees in the exercise of the right guaranteed in 39-31-201; or
(b) a public employer in the selection of a representative for the purpose of collective bargaining or the adjustment of grievances;
(2) refuse to bargain collectively in good faith with a public employer if it has been designated as the exclusive representative of employees;
(3) (a) use agency shop fees for contributions to political candidates or parties at state or local levels; or
(b) for a public labor organization, make any contributions to political candidates or parties at state or local levels. A public labor organization that violates this subsection (3) is guilty of the offense of bribery under 45-7-101."
Section 2. Section 45-7-101, MCA, is amended to read:
"45-7-101. Bribery in official and political matters. (1) A person commits the offense of bribery if the person purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another:
(a) any pecuniary benefit as a consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(b) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; or
(c) any benefit as consideration for a violation of a known duty as a public servant or party official; or
(d) any direct or indirect pecuniary donations made by a public labor organization or any officers acting on behalf of the public labor organization to any political candidates or parties at state or local levels.
(2) It is no defense to prosecution under this section that a person whom the offender sought to influence was not qualified to act in the desired way whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.
(3) A person convicted of the offense of bribery shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both, and shall forever be disqualified from holding any public office in this state.
(4) For the purposes of this section, the following definitions apply:
(a) "Public employer" means the state or any political subdivision of the state, including but not limited to any town, city, county, district, school board, board of regents, public and quasi-public corporation, housing authority or other authority established by law, and any representative or agent designated by the public employer to act in its interest in dealing with public employees. The term also includes any local public agency designated as a head start agency as provided in 42 U.S.C. 9836.
(b) "Public labor organization" means any organization or association of any kind in which public employees participate and which exists for the primary purpose of dealing with public employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of public employment."
NEW SECTION. Section 3. Applicability. [This act] applies to public labor organizations and does not affect the rights or responsibilities of private labor organizations in any way.