BILL REQ. #:  S-4699.2 

Read first time 02/27/12.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to limitations on political contributions; amending RCW 42.17A.495 and 42.17A.500; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature recognizes that all citizens have the right to choose whether or not to contribute to a political cause or candidate and should never be compelled to do so. The legislature further recognizes that many public employees are represented by labor organizations and because of laws enacted by the legislature, as a condition of their employment, they are obligated to pay dues and fees through payroll deductions. Labor organizations often use these funds to influence elections without seeking approval of those contributing the funds. The legislature intends to provide a mechanism for an employee to choose to authorize wage deductions to be used for political purposes. Through this mechanism, the legislature intends to ensure that an employee in this state shall not be compelled to contribute to political causes or candidates through deductions from his or her wages without that employee's consent.

Sec. 2   RCW 42.17A.495 and 2010 c 204 s 613 are each amended to read as follows:
     (1) No employer or labor organization may increase the salary of an officer or employee, or compensate an officer, employee, or other person or entity, with the intention that the increase in salary, or the compensation, 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)(a) 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)), or for expenditures to influence an election, unless an assessment for such use is affirmatively authorized by written request of the employee.
     (b) A labor organization may not direct an employer to deduct and may not accept from an employer any portion of an employee's wages or salaries to operate a political committee, for use as political contributions, or for expenditures to influence an election, unless an assessment for such use is affirmatively authorized by written request of the employee. There is a presumption that a labor organization violates this section if such authorized assessments are commingled with other dues, fees, or revenue. The presumption may be rebutted through evidence of pro rata reductions in dues or fees collected from nonconsenting dues payers and fee payers, refunds to nonconsenting dues payers and fee payers, or other clear and adequate accounting controls.
     (c) The written 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)) The request is valid for no more than twelve months from the date it is made by the employee.
     (4) Each person or entity who withholds contributions under subsection (3)(a) of this section, and each labor organization that directs an employer to deduct or accepts from an employer a portion of an employee's wages or salaries under subsection (3)(b) 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)) assessments were actually withheld or accepted, and the amounts and dates ((funds)) assessments were transferred to a political committee, applied to the operation of a political committee, or expended to influence an election. Copies of such information shall be delivered to the commission upon request. This subsection does not apply to a person or entity that withholds contributions under subsection (3)(a) of this section if the person or entity withholds contributions at the direction of a labor organization.
     (5) The definitions in this subsection apply throughout this section.
     (a) "Expenditures to influence an election" includes, but is not limited to, expenditures for staff time spent on efforts to affect elections; expenditures on communication efforts to advance or oppose one or more candidates or ballot measures; expenditures to assist voter turnout; expenditures for staff to aid in recruiting or training candidates; expenditures for staff or materials to prepare ballot measures; expenditures for staff or legal services to contest election results; and donations of funds to organizations or individuals that make expenditures to influence an election.
     (b) "To operate a political committee" means expenditures on staff work, promotional materials, professional services, and internal communication efforts that aid in the operation and funding of a political committee.
     (6) In addition to the enforcement provisions of RCW 42.17A.765, an individual from whose wages or salary a deduction was made has a private cause of action to recover any portion of the funds allocated or spent in violation of this section.

Sec. 3   RCW 42.17A.500 and 2007 c 438 s 1 are each amended to read as follows:
     (1) A labor organization may not use agency shop fees paid by an individual who is not a member of the organization to make contributions or expenditures to influence an election or to operate a political committee, unless affirmatively authorized by the individual.
     (2) ((A labor organization does not use agency shop fees when it uses its general treasury funds to make such contributions or expenditures if it has sufficient revenues from sources other than agency shop fees in its general treasury to fund such contributions or expenditures.)) There is a presumption that a labor organization uses agency shop fees when it uses funds from any account where agency shop fees are commingled with any other fees, dues, or revenue. The presumption may be rebutted through evidence of pro rata reductions in fees collected from nonconsenting fee payers, refunds to nonconsenting fee payers, or other clear and adequate accounting controls.
     (3) The definitions in this subsection apply throughout this section.
     (a) "Affirmatively authorized" means that the individual signed a declaration within the twelve-month period before the expenditure indicating consent to the labor organization's use of the fees to influence an election or to operate a political committee.
     (b) "Agency shop fees" are fees paid by nonmember employees to a labor organization for the costs related to collective bargaining, contract administration, and activity related to matters affecting wages, hours, and other conditions of employment done by the labor organization on behalf of all employees.
     (c) "Expenditures to influence an election" includes, but is not limited to, expenditures for staff time spent on efforts to affect elections; expenditures on communication efforts to advance or oppose one or more candidates or ballot measures; expenditures to assist voter turnout; expenditures for staff to aid in recruiting or training candidates; expenditures for staff or materials to prepare ballot measures; expenditures for staff or legal services to contest election results; and donations of funds to organizations or individuals that make expenditures to influence an election.
     (d) "To operate a political committee" means expenditures on staff work, promotional materials, professional services, and internal communication efforts that aid in the operation and funding of a political committee.
     (4) In addition to the enforcement provisions of RCW 42.17A.765, an individual from whose salary an agency fee was deducted has a private cause of action to recover any portion of the fee allocated or spent in violation of this section.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.