WSR 13-09-006

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed April 5, 2013, 9:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-05-011.

Title of Rule and Other Identifying Information: WAC 390-17-100 Contribution withholding authorizations, the rule implements RCW 42.17A.495 and addresses procedures for making payroll deductions for campaign contributions.

Hearing Location(s): 711 Capitol Way, Room 206, Olympia, WA 98504, on May 22, 2013, at 9:30 a.m.

Date of Intended Adoption: May 22, 2013.

Submit Written Comments to: Nancy Krier, 711 Capitol Way, Room 206, Olympia, WA 98504, e-mail nancy.krier@pdc.wa.gov, fax (360) 753-1112, by May 13, 2013.

Assistance for Persons with Disabilities: Contact Jana Greer by e-mail at jana.greer@pdc.wa.gov, (360) 586-0544 or (360) 753-1111.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The public disclosure commission (PDC) implements the campaign finance laws in chapter 42.17A RCW. Under RCW 42.17A.495, no employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries may withhold or divert a portion of an employee's wages or salaries for contributions to political committees or for use as political contributions except upon the written request of the employee. The commission is required to develop a form for individuals who authorize a withholding of their salaries or wages for the purpose of making such a campaign contribution. The form is described in rule at WAC 390-17-100. The current form (and the information in any other authorization form), requires a written authorization, including a "signature" by the individual authorizing the deduction.

The proposed amendments address the information necessary for an individual to make an electronic authorization for the withholding. The proposed amendments explain statutory requirements for public inspection and recordkeeping. The proposed amendments make other changes to provide clarity.

Reasons Supporting Proposal: The proposed amendments would make several improvements to the rule. First, they modernize the rule, providing an option for electronic payroll authorizations when the employers or other persons who withhold or divert wages or salaries have mechanisms that permit individuals to designate a payroll deduction electronically. Second, the proposed amendments provide more information to the employers and others who withhold or divert wages by describing the recordkeeping and public inspection requirements in RCW 42.17A.495. Finally, the proposed amendments improve the rule's grammar and formatting, making the rule easier to read.

Statutory Authority for Adoption: RCW 42.17A.110, 42.17A.495.

Statute Being Implemented: RCW 42.17A.495.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule should result in no increased costs to the agency.

Name of Proponent: PDC, governmental.

Name of Agency Personnel Responsible for Drafting: Nancy Krier, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 753-1980; Implementation and Enforcement: Andrea McNamara Doyle, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 753-1111.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rule amendments has minimal impact on small business. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of RCW 34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.

March 28, 2013

Nancy Krier

General Counsel

OTS-5355.1


AMENDATORY SECTION(Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)

WAC 390-17-100   Contribution withholding authorizations.   (1) 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((.)) shall have on file the individual's written authorization before withholding or diverting the individual's wages or salary for:

(a) ((For)) The purpose of making one or more contributions to any political committee required to report pursuant to RCW 42.17A.205, 42.17A.215, 42.17A.225, 42.17A.235 or 42.17A.240; 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) of this subsection to have on file the written authorization of the individual subject to the payroll withholding or diversion of wages)).

(2) Forms used for payroll deduction may either conform to the suggested format below or be in a different format including an electronic 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 of each political committee or candidate for which contributions are to be withheld;

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

(e) A statement specifying that the authorization may be revoked at any time and such revocation shall be in writing;

(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 42.17A.495;

(g) The individual's signature or other reliable and secure verification that the individual is authorizing the withholding or diversion; and

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

(3) Forms used for payroll deduction may have information in addition to that listed ((above)) in subsection (2) of this section. A form that satisfies subsection (2) of this section constitutes the written authorization of the individual authorizing the withholding or diversion.

(4) Employers and other persons who withhold or divert wages or salaries must:

(a) Maintain the completed forms, with the individual's signature or verification, for as long as the withholding or diversion continues;

(b) Keep the forms and other documents described in RCW 42.17A.495(4) open for public inspection for three years after the last disbursement of wages or salaries; and

(c) Provide the forms and other documents described in RCW 42.17A.495(4) to the commission upon request.


Political Contribution Withholding Authorization


No employer or other person may withhold a portion of a Washington State resident's earnings (or that of a nonresident 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 written permission from that individual. Completion of this form entitles the entity specified to make such a withholding. 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 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: .

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 42.17A.110. 12-03-002, 390-17-100, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370. 03-08-052, 390-17-100, filed 3/28/03, effective 4/28/03; 93-16-064, 390-17-100, filed 7/30/93, effective 8/30/93.]