SB 450 - Prohibition of Negative Check-off Act - unvoluntary withholding funds

First Reader Summary

A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to enact the "Prohibition of Negative Check-off Act"; to provide that it shall be an unfair and deceptive trade practice to receive funds from an individual or withhold funds otherwise due to an individual where such funds are not given or withheld on a voluntary basis.

Balfour, Don (9th) Johnson, Eric B (1st) Tysinger, James W (41st)
Status Summary HC: SC: CAFF LA: 01/16/98 S - Read 1st time
Page Numbers - 1/ 2
Code Sections - 10-1-393.6
Senate Action House
1/16/98 Read 1st time

SB 450 98                                          LC 14 7015 
 
      SENATE BILL 450 
 
      By:  Senators Balfour of the 9th, Johnson of the 1st, 
           Tysinger of the 41st and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 2 of Article 15 of Chapter 1 of Title 10 of 
  1- 2  the Official Code of Georgia Annotated, the "Fair Business 
  1- 3  Practices Act of 1975," so as to enact the "Prohibition of 
  1- 4  Negative Check-off Act"; to provide that it shall be an 
  1- 5  unfair and deceptive trade practice to receive funds from an 
  1- 6  individual or withhold funds otherwise due to an  individual 
  1- 7  where such funds are not given or withheld on a voluntary 
  1- 8  basis; to define what constitutes a voluntary action and 
  1- 9  what constitutes a negative check-off plan; to provide that 
  1-10  payments or withholdings made pursuant to a negative 
  1-11  check-off plan shall not be considered to be voluntary; to 
  1-12  provide for applicability; to provide for enforcement; to 
  1-13  provide for related matters; to repeal conflicting laws; and 
  1-14  for other purposes. 
 
  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-16                           SECTION 1. 
 
  1-17  Part 2 of Article 15 of Chapter 1 of Title 10 of the 
  1-18  Official Code of Georgia Annotated, the "Fair Business 
  1-19  Practices Act of 1975," is amended by adding after Code 
  1-20  Section 10-1-393.5 a new Code Section 10-1-393.6 to read as 
  1-21  follows: 
 
  1-22    "10-1-393.6. 
 
  1-23    (a) This Code section shall be known and may be cited as 
  1-24    the 'Prohibition of Negative Check-off Act.' 
 
  1-25    (b) As used in this Code section, the term: 
 
  1-26      (1) 'Negative check-off plan' means a plan whereby a 
  1-27      person by his or her inaction is deemed to have agreed 
  1-28      to a payment or series of payments or to the withholding 
  1-29      of funds otherwise due to such person. 
 
  1-30      (2) 'Voluntary' means an action or choice given freely, 
  1-31      as evidenced by some affirmative act on the part of the 
  1-32      payor or person from whom funds are withheld.  A 
  1-33      charitable contribution made by a payor pursuant to 
 
 
                                 -1- 
 
 
 
  2- 1      authorization given by such payor is deemed to be 
  2- 2      voluntary. 
 
  2- 3    (c) It shall be an unfair and deceptive trade practice to, 
  2- 4    in the course of one's business, vocation, or occupation, 
  2- 5    receive funds from an individual or withhold funds 
  2- 6    otherwise due to an individual whereby such funds are not 
  2- 7    given on a voluntary basis, unless such an arrangement is 
  2- 8    required pursuant to a court order.  Such involuntary 
  2- 9    payments are void as against public policy.  A payment 
  2-10    made pursuant to a negative check-off plan shall not be 
  2-11    considered to have been made on a voluntary basis. 
 
  2-12    (d) Nothing in any other state law  shall affect the 
  2-13    validity or application of this Code section as it applies 
  2-14    to any employee, including, but not limited to, persons 
  2-15    employed by the state or a local government or any 
  2-16    governmental subdivision or agency thereof, without 
  2-17    exception. 
 
  2-18    (e) The administrator may enforce this Code section as 
  2-19    authorized in the case of other acts declared unlawful by 
  2-20    this part, including without limitation the use of 
  2-21    remedies specified in Code Section 10-1-397." 
 
  2-22                           SECTION 2. 
 
  2-23  All laws and parts of laws in conflict with this Act are 
  2-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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