S.Amdt. 4785

SA 4785. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill H.R. 980, to provide collective bargaining rights for public safety officers employed by States or their political subdivisions; which was ordered to lie on the table; as follows:

On page __, line __, insert the following:

SEC. __. COLLECTION OF UNION DUES FROM ILLEGAL IMMIGRANTS PROHIBITED.

(a) In General.--It shall be unlawful for a labor organization to collect dues or initiation fees from any individual who is physically present in the United States in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(b) State Responsibilities.--

(1) In general.--Notwithstanding any other provision of this Act, a State law shall be deemed to have failed to substantially provide for the rights and responsibilities described in section 4(b) unless the Authority determines that such law, in addition to meeting such rights and responsibilities, prohibits labor organizations from collecting dues or initiation fees from any individual who is physically present in the United States in violation of the Immigration and Nationality Act.

(2) Enforcement authority.--The Authority may issue and enforce regulations to carry out paragraph (1) in the manner provided under section 5.

(c) Decertification of Public Safety Labor Organizations.--In addition to any enforcement measures authorized under subsection (b)(2), if the Authority determines that a labor organization has violated any provision under subsection (a) or (b), the Authority shall issue an order that decertifies the labor organization or otherwise notifies the labor organization that the organization will no longer be recognized by the Authority as the exclusive representative of employees for collective bargaining purposes.

(d) Required Participation by Public Safety Labor Organizations.--Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (title IV of division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended--

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2) by inserting after paragraph (1) the following:

“(2) Labor organizations.--

“(A) In general.--All labor organizations (as defined in section 3 of the Public Safety Employer-Employee Cooperation Act of 2007) shall elect to participate in the basic pilot program and shall comply with the terms and conditions of such election.

“(B) Verification of all members.--Notwithstanding any other provision in this title, each participating labor organization shall use the confirmation system to seek confirmation of the identity and employment eligibility of each member of such labor organization.

“(C) Deadline for compliance.--The verifications required under subparagraph (B) shall be completed--

“(i) not later than 1 year after the date of the enactment of the Public Safety Employer-Employee Cooperation Act of 2007 for all members of the labor organization as of such date; and

“(ii) for individuals who become members of such labor organization after such date of enactment, not later than 14 days after the commencement of such membership.”.