WSR 03-08-052

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed March 28, 2003, 2:28 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: Amending WAC 390-17-100.

Statutory Authority for Adoption: RCW 42.17.370.

Adopted under notice filed as WSR 03-01-088 on December 16, 2002.

Changes Other than Editing from Proposed to Adopted Version: The commission adopted new language in subsection (2) that identifies what is required in payroll deduction forms generically rather than specific employer or labor organization forms.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.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

March 28, 2003

Vicki Rippie

Executive Director

OTS-5988.3


AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93, effective 8/30/93)

WAC 390-17-100   Contribution withholding authorizations.   (1) ((For purposes of RCW 42.17.680(3), all political contribution withholding authorizations existing on or before January 1, 1993, will expire no later than December 31, 1993. Beginning January 1, 1994,)) Each employer or other person who withholds or otherwise diverts a portion of wages or salary of a Washington resident or a nonresident whose primary place of work is in the state of Washington

(a) For the purpose of making one or more contributions to any political committee required to report pursuant to RCW 42.17.040, (([42.17].050, [42.17].060 or [42.17].090 (1)(k))) 42.17.050, 42.17.065, 42.17.080 or 42.17.090, or

(b) For use, specifically designated by the contributing employee, for political contributions to candidates for state or local office is required for (a) and (b) to have on file the written authorization of the individual subject to the payroll withholding or diversion of wages.

(2) ((Employers may either use)) Forms used for payroll deduction may either conform to the suggested format below or ((their own form)) in a different format if it provides the following information:

(a) The name of the individual authorizing the withholding or diversion;

(b) The name of the individual's employer;

(c) The name((, city and state)) of each political committee for which contributions are to be withheld;

(d) If more than one political committee is specified, the total dollar amount per pay period (or per week, month or year) to be withheld for each committee;

(e) ((The date on which the authorized withholdings or diversions are to be effective;

(f))) A statement specifying that the authorization ((is not valid for more than 12 months after the effective date)) may be revoked at any time and such revocation shall be in writing;

(((g))) (f) A statement that reads: "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;" or a statement that informs the employee of the prohibition against employer and labor organization discrimination described in RCW 42.17.680(2);

(((h))) (g) The individual's signature; and

(((i))) (h) The date on which the form was completed.

(3) Forms used for payroll deduction may have information in addition to that listed above. ((The forms may accommodate annual re-authorization by providing space for the employee's signature and the date of re-authorization is signed, up to three re-authorizations.))


Political Contribution Withholding Authorization


No employer or other person may withhold a portion of a Washington State resident's earnings (or that of a non-resident whose primary place of work is in Washington) in order to make contributions to a political committee that must report to the Public Disclosure Commission or to a candidate for state or local office without ((annual,)) written permission from that individual. Completion of this form entitles the entity specified to make such a withholding ((for no more than 12 consecutive months)). This authorization form remains in effect until revoked in writing by the employee.

I, , authorize
First Name Middle Initial Last Name Name of Employer or Other Person
to withhold $ per/pay period/week/month/year/
Amount Circle One
from my earnings in order to make political contributions to
Name((, City and State)) of
political committee(s) and/or candidate(s) to receive deductions
If more than one recipient is indicated, each is to receive the following portion of the
deduction made: . ((This authorization is
valid for no more than twelve consecutive months. It is effective on
Month/Day/Year
and expires on .
Month/Day/Year))
Signature: Date:
According to state law, no employer or labor organization may discriminate against an officer or employee in the terms or conditions of employment for (a) the failure to contribute to, (b) the failure in any way to support or oppose, or (c) in any way supporting or opposing a candidate, ballot proposition, political party, or political committee.

[Statutory Authority: RCW 42.17.370. 93-16-064, 390-17-100, filed 7/30/93, effective 8/30/93.]

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