BILL REQ. #:  S-0590.1 

Read first time 02/03/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to prohibiting labor organizations from using union dues for political purposes; amending RCW 42.17.680; adding a new section to chapter 42.17 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 42.17.680 and 2002 c 156 s 1 are each amended to read as follows:
     (1) No employer or labor organization may increase the salary of an officer or employee, or give an emolument to an officer, employee, or other person or entity, with the intention that the increase in salary, or the emolument, or a part of it, be contributed or spent to support or oppose a candidate, state official against whom recall charges have been filed, political party, or political committee.
     (2) 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. At least annually, an employee from whom wages or salary are withheld under subsection (3) of this section shall be notified of the provisions of this subsection.
     (3) No employer, labor organization, 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 or for payment to a third party for such contribution or use except upon the written request of the employee. The request must be made on a form prescribed by the commission informing the employee of the prohibition against employer and labor organization discrimination described in subsection (2) of this section. The employee may revoke the request at any time. At least annually, the employee shall be notified about the right to revoke the request.
     (4) Each person or entity who withholds contributions under subsection (3) of this section shall maintain open for public inspection for a period of no less than three years, during normal business hours, documents and books of accounts that shall include a copy of each employee's request, the amounts and dates funds were actually withheld, and the amounts and dates funds were transferred to a political committee. Copies of such information shall be delivered to the commission upon request.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.17 RCW to read as follows:
     (1) A labor organization that is an exclusive bargaining representative of a bargaining unit of employees covered under chapter 28B.52 RCW, chapter 41.56 RCW, chapter 41.59 RCW, chapter 41.76 RCW, chapter 41.80 RCW, or chapter 47.64 RCW, receiving dues deducted pursuant to an agency shop or other union security provision in the collective bargaining agreement covering those employees, must deposit all funds received in one or more identifiable deposit accounts maintained as required in subsection (4) of this section. No funds from any other source may be deposited in the account. Funds from this account may be expended for any lawful purpose, but may not be expended to make contributions to political committees or for use as political contributions, or to operate a political committee or conduct grassroots activities beyond communicating to its own membership, except on the written request of the employee as provided in RCW 42.17.680.
     (2) All expenditures for political activities by a labor or employee organization subject to this section must be drawn from a deposit account designated as a political activity account and maintained as required under subsection (4) of this section.
     (3) A labor or employee organization shall maintain complete records of:
     (a) All funds deposited into a deposit account subject to this section and provide the public disclosure commission an annual itemized report of all income to the accounts. The report must contain, at a minimum, the name of each person or entity from whom funds have been received into the account and each employee whose wages or salary was subject to deduction as part of the funds received; and
     (b) Expenditures from the deposit accounts subject to this section and provide the public disclosure commission with an annual report detailing all expenditures. Expenditure items should contain sufficient detail to identify the purpose and recipient of each expenditure.
     (4) Each deposit account subject to this section must be a deposit account in a financial institution authorized by federal or state law to do business in Washington.
     (5) A labor organization or employee organization must notify bargaining unit employees of the intended use of funds expended from deposit accounts subject to this section.
     (6) A person or entity who violates any provision of this section is liable to the person from whose wages or salary the funds were deducted for three times the amount deducted or one thousand dollars, whichever is greater, and for costs and such reasonable attorneys' fees as may be allowed by the court.