Supplemental Notice to WSR 03-01-089.
Preproposal statement of inquiry was filed as WSR 02-15-170.
Title of Rule: Title 390 WAC, rule relating to notifying employees regarding voluntary payroll deductions.
Purpose: To clarify statutory requirements under RCW 42.17.680.
Other Identifying Information: New rule WAC 390-17-110 Notifying employees regarding voluntary payroll deductions.
Statutory Authority for Adoption: RCW 42.17.370(1).
Statute Being Implemented: RCW 42.17.680.
Summary: Chapter 156, Laws of 2002, requires annual notification of employees from whom wages or salary are withheld. Annual notification must include the nondiscriminatory provision of RCW 42.17.680(2) and a notification about the right to revoke the authorization for payroll deductions at any time (RCW 42.17.680(3)). The proposed new rule clarifies who sends the notifications of nondiscrimination and revocation to employees, examples of what constitutes written notification, and retention of records.
Reasons Supporting Proposal: The proposed new rule will clarify the statutory requirements under RCW 42.17.680 and provide guidance to those entities required to notify employees who have authorized payroll withholding or diversion of wages for political contributions.
Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, Public Disclosure Commission, 711 Capitol Way, Room 206, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, Public Disclosure Commission, 711 Capitol Way, Room 206, Olympia, (360) 664-8853.
Name of Proponent: Public Disclosure Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed new rule provides guidance to employers, political committees and candidates on the annual notification provisions required to persons that have a portion of wages or salary withheld for the purpose of making one or more contributions to a candidate or a political committee.
The proposed new rule provides direction and clarification to employers, labor organizations, employees and the general public on statutory provisions of RCW 42.17.680.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this rule has minimal impact on small businesses.
RCW 34.05.328 does not apply to this rule adoption. The Public Disclosure Commission (PDC) is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to this rule adoption pursuant to subsection (5)(a)(ii) of section 201, and to date the Joint Administrative Rules Review Committee has not made section 201 applicable to this rule adoption.
Hearing Location: Commission Hearing Room, Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA, on March 25, 2003, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Ruthann Bryant by telephone (360) 753-1111.
Submit Written Comments to: Doug Ellis, firstname.lastname@example.org, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112, by March 21, 2003.
Date of Intended Adoption: March 25, 2003.
February 4, 2003
WAC 390-17-110 Employee notification of withholding provisions. (1)(a) By June 30, 2003, and at least annually by June 30 thereafter, employees from whom funds are being withheld for contributions to a candidate or political committee under RCW 42.17.680 shall be notified, in writing, of the nondiscriminatory provisions of RCW 42.17.680(2). Employee notification shall include the following language:
"No employer or labor organization may discriminate against an officer or employee in the terms or conditions of employment for:
(i) The failure to contribute to;
(ii) The failure in any way to support or oppose; or
(iii) In any way supporting or opposing a candidate, ballot proposition, political party, or political committee."
(b) The written notification shall be provided by the employer or labor organization. The employer or labor organization may agree on which entity shall send the notification.
(2)(a) Pursuant to RCW 42.17.680(3), by June 30, 2003, and at least annually by June 30 thereafter, each employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries shall ensure written notification is directly provided to the employees from whom funds are being withheld for contributions to a candidate or political committee stating that the employee authorization for withholding of wages or salary for such contributions may be revoked at any time. The authorization withholding form is described in WAC 390-17-100.
(b) The written notification shall identify where an employee can submit the revocation, which shall be either:
(i) The name and address of employer's contact; or
(ii) The name and address of the person or entity responsible for the disbursement of funds in payment of wages or salaries.
(c) The employee withholding authorization is revoked as of:
(i) The date specified in the revocation; or
(ii) If no date is specified, as of the date the written notification is received by the employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries pursuant to RCW 42.17.680.
(3) "Written notification" means notice provided by mail, e-mail, newsletter, payroll insert or other similar direct communication in writing that is addressed to the employee. Posting information on websites, bulletin boards and other passive communication vehicles shall not constitute notification under RCW 42.17.680. If the written notification appears in a newsletter or similar publication, the notice shall be prominently displayed or announced on the first page of the written communication.
(4) Each employer or other person who provides notice pursuant to subsection (1) or (2) of this section shall maintain a copy of the annual notification and a listing of employees notified for a period of no less than five years.