1530                                     LAWS OF MARYLAND                                 Ch. 731

Approved May 24, 1973.

CHAPTER 731
(Senate Bill 994)

AN ACT to repeal and re-enact, with amendments, Section 138A of Article 27 of
the Annotated Code of Maryland (1971 Replacement Volume), title "Crimes
and Punishments," subtitle "Employment Benefits," to provide that it shall be
unlawful for an employer or union official to fail to make payment of union
dues deducted from employees' pay, to provide a fixed period of time within
which payments constituting employee benefits and union dues are to be made
[[by employers]], to increase the penalty for violations of this section, to
remove references to union officials, and relating generally to employee benefits
and union dues payments.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 138A of Article 27 of the Annotated Code of
Maryland (1971 Replacement Volume), title "Crimes and Punishments," subtitle
"Employment Benefits," be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

138A.

[No] EVERY employer [[ [ ]] or union official [[ ] ]] who has agreed
with any employee to make payments to a health or welfare fund, pension fund or
vacation plan, or other such plan OR FUND for the benefit of the employees, or
has entered into a collective bargaining agreement providing for such payments,

[shall with intent to defraud fail to make the payments required by the terms of
such agreement.] AND EVERY EMPLOYER WHO BY COLLECTIVE
BARGAINING AGREEMENT DEDUCTS UNION DUES FROM
EMPLOYEES' PAY AND PAYS THOSE DUES TO THE UNION, MUST
MAKE SUCH PAYMENTS WITHIN THIRTY (30) DAYS AFTER SUCH
PAYMENTS ARE REQUIRED TO BE MADE TO THE UNION IN THE
CASE OF DUES OR TO A TRUST OR POOLED FUND IN THE CASE OF
EMPLOYEE BENEFITS. Any employer [[ [ ]] or union official [[ ] ]] who

[violates this section] KNOWINGLY OR INTENTIONALLY FAILS OR
REFUSES TO MAKE ANY SUCH PAYMENTS shall be guilty of a
misdemeanor and (subject to I, UPON CONVICTION THEREOF, SHALL BE
PUNISHED BY a fine of not more than $1,000[.] OR BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND
IMPRISONMENT. WHERE SUCH EMPLOYER IS A CORPORATION,
THE PRESIDENT, SECRETARY, TREASURER OR OFFICERS
EXERCISING [[CORRESPONDING]] EXECUTIVE FUNCTIONS SHALL
EACH BE GUILTY OF A MISDEMEANOR.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.