WSR 99-08-109

PROPOSED RULES

COMBINED FUND DRIVE


[ Filed April 7, 1999, 9:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-05-081.

Title of Rule: Basic standards and criteria for charity membership for those charities providing services in the performing, visual, literary and media arts.

Purpose: To all charities that deliver services in the performing, visual, literary and media arts into the Combined Fund Drive.

Statutory Authority for Adoption: Executive Order 84-13 and WAC 240-10-010.

Statute Being Implemented: WAC 240-10-030.

Summary: The Combined Fund Drive wishes to include charities that deliver services to these arts programs in our campaign.

Reasons Supporting Proposal: State employees have requested that charities providing services in the arts be included in the Combined Fund Drive.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randy Ryan, Olympia, Mailstop 47530, 664-1994.

Name of Proponent: Washington State Employee Combined Fund Drive, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will allow public and private nonprofit organizations, domestic and foreign, that provide services to human beings through the performing, visual, literary and media arts. The purpose of this rule is to expand the availability of entrance into the Combined Fund Drive so that state employees may contribute to a broader range of charities. The anticipated effects are that state employees will have the opportunity to donate to charities that provide services in the area of the arts.

Proposal Changes the Following Existing Rules: The current section of WAC 240-10-030 does not allow charities into the Combined Fund Drive that provide services in the performing, visual, literary, and media arts unless these services are specifically targeted to handicapped or disadvantaged populations. This change will allow charities providing services to the arts, and to the general population into the Combined Fund Drive.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule will not affect small businesses economically, it only affects charities wishing to receive donations from state employees.

RCW 34.05.328 does not apply to this rule adoption. This rule change relates only to internal government operations and is not subject to violation of a nongovernment party, subsection (5)(b)(ii); and the rule does not materially change Washington state rules nor does it change Washington state statutes, subsection (5)(b)(iii).

Hearing Location: Department of Personnel, Board Room, 2nd Floor, 521 Capitol Way South, Olympia, WA, on May 14, 1999, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Randy Ryan by May 7, 1999, TDD (360) 586-8260, or (360) 586-9114.

Submit Written Comments to: Randy Ryan, P.O. Box 47530, Olympia, WA 98504-7530, fax (360) 586-6695, by May 7, 1999.

Date of Intended Adoption: May 18, 1999.

April 7, 1999

Mary Alice Grobins

Senior Fiscal Analyst

OTS-2919.1


AMENDATORY SECTION(Amending WSR 95-09-025, filed 4/12/95, effective 5/13/95)

WAC 240-10-030
Definitions.

(1) Committee - The Washington state employee combined fund drive committee described in WAC 240-10-010.

(2) State employee combined fund drive campaign - An arrangement by which the committee provides one or more other participating organizations with the opportunity to receive funds contributed to them in the annual campaign, based on their compliance with the regulations herein.

(3) Participating organization - A health and welfare agency whose application has been accepted by the committee.

(4) Annual campaign - The once-a-year period of organized solicitation of state employees conducted annually to obtain voluntary contributions from state employees for charitable commitments to be allocated during the ensuing year of contributions.

(5) Year of contributions - The annual calendar year for collection of the voluntary payroll deductions for charitable contributions authorized by state employees pursuant to these regulations.  The normal, full annual calendar year shall begin with January and end with the ensuing December.

(6) Health and welfare agency - The terms "voluntary agency," "voluntary health and welfare agency," "voluntary charitable agency," and "voluntary charitable health and welfare agency" mean an organization that is organized and operated for the purpose of rendering, or of materially or financially supporting the rendering of, one or more of the following services for the benefit of human beings:

(a) Delivery of health care to ill or infirm individuals;

(b) Education and training of personnel for the delivery of health care to ill or infirm individuals;

(c) Health research for the benefit of ill or infirm individuals;

(d) Delivery of education, training, and care to physically and mentally handicapped individuals;

(e) Treatment, care, rehabilitation, and counseling of juvenile delinquents, criminals, released convicts, persons who abuse drugs or alcohol, persons who are victims of intra-family violence or abuse, persons who are otherwise in need of social adjustment and rehabilitation, and the families of such persons;

(f) Relief of victims of crime, war, casualty, famine, natural disasters, and other catastrophes and emergencies;

(g) Neighborhood and community-wide social services that directly assist needy, poor, and indigent individuals, including provision of emergency relief and shelter, recreation, transportation, the preparation and delivery of meals, educational opportunities, and job training;

(h) Protection of families that, on account of economic or other need, poverty, indigence, or emergency, are in long-term or short-term need of family, child-care, and maternity services, child and marriage counseling, foster care, and guidance or assistance in the management and maintenance of the home and household;

(i) Relief of needy, poor, and indigent infants and children, and of orphans, including the provision of adoption services;

(j) Relief of needy, poor, and indigent adults and of the elderly;

(k) Delivery of services or assistance that conserve, protect, or restore the environment;

(l) Delivery of services or assistance to threatened or endangered species;

(m) Delivery of services in the performing, visual, literary and media arts.

(7) Local presence - Demonstration of direct and substantial presence in the local campaign community:

(a) The availability of services, such as examinations, treatments, inoculations, preventive care, counseling, training, scholarship assistance, transportation, feeding, institutionalization, shelter, and clothing to persons working or residing in the local campaign community.

(b) The presence within the local campaign community, or within reasonable commuting distance thereof, of a facility at which services may be obtained, such as an office, clinic, mobile unit, field agency, or direct provider, or specific demonstrable effects of research, such as personnel or facilities engaged therein or specific local applications thereof.

(c) The availability to persons working or residing in the local campaign community of communication with the voluntary charitable agency by means of home visits, transportation, or telephone calls, provided by the voluntary agency at no charge to the recipient or beneficiary of the service.

(8) Overseas - Areas outside of the District of Columbia and the fifty states of the United States.

[Statutory Authority: WAC 240-10-010(7) and Executive Order 84-13.  95-09-025, § 240-10-030, filed 4/12/95, effective 5/13/95; 94-01-038, § 240-10-030, filed 12/6/93, effective 1/6/94.  Statutory Authority: RCW 41.04.035, 41.04.036 and 41.04.230.  87-18-003 (Order 87-1), § 240-10-030, filed 8/20/87; 86-08-070 (Order 86-1), § 240-10-030, filed 4/1/86; 86-02-015 (Order 85-2), § 240-10-030, filed 12/23/85.]

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