§ 3599.031

account.
Effective: March 31, 2005
Legislation: House Bill 1SPECIALSESSION - 125th General Assembly


(A) Notwithstanding any provision of the Revised Code to the contrary and subject to division (C) of
section 3517.09 of the Revised Code and division (B) of this section, any employer may deduct from
the wages and salaries of its employees amounts for an account described in division (B) of this
section, a separate segregated fund, a political action committee of the employer, a political action
committee of a labor organization of the employer's employees, a political action committee of an
association of which the employer is a member, a political party, a person making disbursements to
pay the direct costs of producing or airing electioneering communications, or a ballot issue that the
employee by written authorization may designate and shall transmit any amounts so deducted as a
separate written authorization described in division (B) of this section shall direct. Any authorization
authorizing a deduction from an employee's wages or salary may be on a form that is used to apply
for or authorize membership in or authorize payment of dues or fees to any organization, but the
authorization for a deduction shall be stated and signed separately from the application for
membership or the authorization for the payment of dues or fees. The employer either may deduct
from the amount to be so transmitted a uniform amount determined by the employer to be necessary
to defray the actual cost of making such deduction and transmittal, or may utilize its own funds in an
amount it determines is necessary to defray the actual administrative cost, including making the
deduction and transmittal.


(B) If an employer establishes a separate account in the name of an employee for the purpose of
depositing into the account amounts deducted from the wages and salary of the employee pursuant to
division (A) of this section or amounts directly given by the employee to the employer for the
support of a candidate, a separate segregated fund, a political action committee of the employer, a
political action committee of a labor organization of the employer's employees, a political action
committee of an association of which the employer is a member, a political party, a legislative
campaign fund, a person making disbursements to pay the direct costs of producing or airing
electioneering communications, or a ballot issue, the employee shall sign a written authorization
designating the recipient of a disbursement from that account. The written authorization required



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under this division is separate and distinct from a written authorization required under division (A) of
this section. The authorization required under this division shall clearly identify and designate the
candidate, separate segregated fund, political action committee of the employer, political action
committee of a labor organization of the employer's employees, political action committee of an
association of which the employer is a member, political party, legislative campaign fund, person
making disbursements to pay the direct costs of producing or airing electioneering communications,
or ballot issue that is to receive any disbursement from the account established pursuant to this
division. No person shall designate the recipient of a disbursement from the account except the
employee from whose account the disbursement is made. No employer shall make a disbursement
from the account of an employee established under this division unless the employer has received the
written authorization required under this division.


(C) An employer shall furnish the recipient of any amount transmitted pursuant to this section with
the employer's full name and the full name of the labor organization of which the employee whose
amount is being transmitted is a member, if any. An employer shall keep and maintain the
authorization forms of all its employees from whose wages and salaries any amounts were deducted
pursuant to division (A) of this section and the authorizations of disbursements from accounts
established under division (B) of this section for a period of at least six years after the year in which
the deductions and disbursements were made.


(D) An employee who has made an authorization pursuant to division (A) or (B) of this section may
revoke that authorization at any time. A revocation of the authorization does not affect any deduction
already made from an employee's wages and salary or any amounts already transmitted or disbursed
under this section.


(E) For purposes of this section and for the purpose of the information required to be filed under
division (B)(4)(b)(iii) of section 3517.10 of the Revised Code:


(1) If an employer is a corporation, each subsidiary of a parent corporation shall be considered an
entity separate and distinct from any other subsidiary and separate and distinct from the parent
corporation.


(2) Each national, regional, state, and local affiliate of a labor organization shall be considered a



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distinct entity.


(F) Whoever violates division (B) of this section shall be fined not less than fifty nor more than five
hundred dollars for each disbursement made in violation of that division.


(G) In addition to the laws listed in division (A) of section 4117.10 of the Revised Code that prevail
over conflicting agreements between employee organizations and public employers, this section
prevails over any conflicting provisions of agreements between labor organizations and public
employers that are entered into on or after the effective date of this amendment pursuant to Chapter
4117. of the Revised Code.


(H) As used in this section:


(1) "Electioneering communication," "legislative campaign fund," "labor organization," "political
action committee," and "separate segregated fund" have the same meanings as in section 3517.01 of
the Revised Code.


(2) "Public employer" means an employer that is the state or a state agency, authority, commission,
or board, a political subdivision of the state, a school district or state institution of higher learning, a
public or special district, or any other public employer.


(3) "Employee" includes only an employee who is a resident of or is employed in this state.




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