§ 13-242. Payroll deductions -- Employee membership entities

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Affiliated political action committee" means a political action committee affiliated with an employee membership entity.

   (3) "Employee membership entity" means an organization whose membership includes employees of the employer.

(b) In general. -- If an employer withholds from employees by payroll deduction the employees' dues to an employee membership entity:

   (1) the employee also may make contributions by payroll deduction to one or more affiliated political action committees selected by the employee; and

   (2) the employer shall collect the contributions and transmit them to the employee membership entity designated by the employee in accordance with the requirements of subsection (c) of this section.

(c) Separate account. -- Periodic contributions collected by payroll deductions pursuant to a program established under subsection (b) of this section shall be:

   (1) combined and accumulated in a segregated escrow account maintained solely for that purpose; and

   (2) transmitted to the employee membership entity within 30 days of being withheld, together with the information required under subsection (d)(1) through (4) of this section.

(d) Records. -- An affiliated political action committee, in conjunction with its employee membership entity and the employer, shall keep detailed and accurate records of each contribution under subsection (b) of this section, including:

   (1) the name and address of the contributor;

   (2) the date on which the contribution was made;

   (3) the amount of the contribution;

   (4) the name of the affiliated political action committee designated by the employee to receive the contribution; and

   (5) the date on which the contribution was received by the employee membership entity and the affiliated political action committee.

(e) Transmittal of contributions -- Employer program. --

   (1) Within 30 days after it receives a contribution under subsection (c) of this section, the employee membership entity shall transmit the contribution:

      (i) to its affiliated political action committee; or

      (ii) if a contribution is designated for a political action committee affiliated with a State or local chapter of the employee membership entity, to the State or local chapter of the employee membership entity.

   (2) Within 5 days after it receives a contribution under paragraph (1)(ii) of this subsection, the State or local chapter of the employee membership entity shall transmit the contribution to its affiliated political action committee.

   (3) An employee membership entity, including a State or local chapter, that transfers contributions in accordance with paragraph (1) or (2) of this subsection shall include the information recorded under subsection (d) of this section that is received from the employer.

(f) Prohibited acts. -- An employer, employee membership entity, or affiliated political action committee, may not solicit, receive, or use employee contributions in a manner that would be prohibited under § 13-241(e) and (f) of this subtitle if performed by an employer.

HISTORY: An. Code 1957, art. 33, § 13-211(a), (b), (c)(1), (2)(i)-(iii), (d), (e); 2002, ch. 19, § 10; ch. 291, § 4; ch. 303, § 2; ch. 416; 2003, ch. 21, § 1; ch. 456; 2010, ch. 72, § 5; 2012, chs. 88, 89.