WSR 03-08-050

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed March 28, 2003, 2:25 p.m. ]

Date of Adoption: March 25, 2003.

Purpose: To clarify statutory requirements under RCW 42.17.680.

Citation of Existing Rules Affected by this Order: New WAC 390-17-110.

Statutory Authority for Adoption: RCW 42.17.370.

Adopted under notice filed as WSR 03-04-094 on February 4, 2003.

Changes Other than Editing from Proposed to Adopted Version: The commission adopted new language in subsection (2)(a) clarifying that an employer withholding payroll deductions for contributions to a candidate or political committee and the recipient committee may agree on which of them shall send the notification.

The new rule, adopted by the Public Disclosure Commission on March 25, 2003, states that employees from whom wages and salary are withheld under RCW 42.17.680 will be notified annually of the provisions in subsection (2) and that the employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries will ensure that employees are notified of the right to revoke, at any time, the request to have contributions withheld.

The proposal also provides for a contact name and address where revocation requests can be sent, outlines examples of what would constitute "written notification" and provides guidance on the use of newsletters or similar publications and the retention of records.

The commission adopted amended language at the March 25, 2003, public hearing allowing the employer and the recipient (candidate, political committee or sponsor of the political committee) to agree on who shall send the annual notice to employees. The adopted language was a change from the notice submitted to the code reviser on February 4, 2003, and designed to explicitly state in rule what had been seen as inherent in the earlier language: That the employer or withholder of funds must ensure the revocation notice is provided to employees, but that notice may in fact be provided by the recipient political committee or its sponsor.

The new language is found under subsection (2)(a) of new rule WAC 390-17-110 and reads as follows: "The employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries and the candidate, political committee, or sponsor of the political committee may agree on which of them shall send the notification."

The general subject matter of the adopted rule remains the same as the proposed rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

March 28, 2003

Vicki Rippie

Executive Director

OTS-6103.3


NEW SECTION
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 employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries and the candidate, political committee, or sponsor of the political committee may agree on which of them shall send the notification.

(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.

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Register

Washington State Code Reviser's Office