Paycheck-donation act moving forward

Secret negotiations between the state and government employee unions to settle a long-lasting lawsuit have apparently broken down.

But GOP legislative leaders are moving forward with a bill that state officials believe will strengthen their chances of avoiding another $1 million court loss.

The Voluntary Contribution Act has been a legal thorn in the side of the state since it was first adopted several years ago to ban employee payroll deductions for government union PACs.

But Democrats say it was just another example of Republicans adopting laws for conservative, political reasons that end up costing the state much needed revenues.

"It has been an important policy discussion: Should government be fostering political involvement?" said Senate Majority Whip John Valentine, R-Orem. "The state should not be helping any political party, but more and more it appeared the state was participating in the process."

The state lost the first court round, and ended paying a $1 million bill for its own and the unions' attorneys.

In the 2003 Legislature lawmakers tried to tweak the law again, with the aim still to ban employee paycheck deductions for union PACs, like the Utah Public Employee Association and the Utah Education Association.

But in December the groups sued again, this time in federal court, over the amended law.

"They made an offer of settlement (recently)," said Utah Attorney General Mark Shurtleff. But basically the unions just wanted the law gutted or repealed, he said.

"Then we countered and we haven't heard back from them," said Shurtleff, a Republican.

Instead of just waiting, Shurtleff has met with GOP legislative leaders and he has recommended that at the very least the current law be changed, yet again, in several ways to improve the state's legal chances.

But UEA bosses say the Republicans still are not addressing the main complaint with the law: banning paycheck deductions for trade association and union PACs.

"We are not interested in what they are saying," said UEA executive director Susan Kuziak. "For the main issues we care about are not being addressed" in the compromise, she added.

"They are talking about letting us participate (in campaigning for or against) citizen initiatives. But we believe we'll easily win that point" in the court case, she said. "It's a question of our free speech political rights."

The UEA won $225,000 in the first lawsuit, she noted.