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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
March 28, 2003
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].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.
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
(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;
The date on which the authorized withholdings or
diversions are to be effective;
(f))) A statement specifying that the authorization ((
not valid for more than 12 months after the effective date))
may be revoked at any time and such revocation shall be in
(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
[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-100, filed 7/30/93, effective 8/30/93.]