WSR 97-10-055

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION

[Filed May 1, 1997, 2:27 p.m.]

Date of Adoption: April 28, 1997.

Purpose: To delete the provision that precludes political parties and caucus political committees from making independent expenditures. To further clarify when an expenditure will be considered an independent expenditure.

Citation of Existing Rules Affected by this Order: Amending WAC 390-16-313.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 97-06-086 on March 3, 1997.

Changes Other than Editing from Proposed to Adopted Version: The proposed version included language amending WAC 390-16-313 (1)(c), the essence of which was accomplished when the rule was adopted on a permanent basis in 1996. Therefore, the proposed change to (1)(c) is unnecessary.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

April 30, 1997

Melissa Warheit

Executive Director

AMENDATORY SECTION (Amending WSR 96-09-016, filed 4/8/96)

WAC 390-16-313 Independent expenditure--Definition and application. (1) "Independent expenditure," as that term is used in chapter 42.17 RCW, except RCW 42.17.100, means an "expenditure" as defined in RCW 42.17.020 that has each of the following elements:

(a) It is made in support of or in opposition to a candidate for public office, except federal elective office or precinct committee officer, by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for any political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for any political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

(b) The expenditure pays in whole or in part for any political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; ((and))

(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value equal to or greater than the amount specified for independent expenditures in WAC 390-05-400. A series of expenditures, each of which is under the applicable amount in WAC 390-05-400, constitutes one independent expenditure if their cumulative value is equal to or greater than the amount specified in WAC 390-05-400; and

(d) The expenditure is not a contribution as defined in RCW 42.17.020 and clarified by WAC 390-05-210.

(2) ((Political Parties. An expenditure in support of a candidate or in opposition to one or more of that candidate's opponents is a contribution to that candidate and is subject to the applicable limits found in RCW 42.17.105(8) and RCW 42.17.640 if it is made by, through or in cooperation, consultation, concert or collaboration with one or more of the following persons or their agents: a bona fide political party, a national committee or federal committee of a political party organization, or a political committee financed, controlled or operated by one or more officers, employees or agents of a bona fide political party.

(3) Caucus and Legislator Operated Committees. An expenditure in support of a state legislative office candidate or in opposition to one or more of that candidate's opponents is a contribution to that candidate and is subject to the applicable limits found in RCW 42.17.105(8) and RCW 42.17.640 if it is made by, through or in cooperation, consultation, concert or collaboration with one or more of the following persons or their agent: a caucus political committee or another political committee financed, controlled or operated by one or more state legislators, one or more employees or agents of a caucus political committee, or a combination thereof.

(4))) Exempt Activities. The following activities are not considered independent expenditures for purposes of RCW 42.17.100, .180, .510 or .550:

(a) Ordinary home hospitality;

(b) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

(c) An internal political communication primarily limited to (i) the members of or contributors to a political party organization or political committee, (ii) the officers, management staff or stockholders of a corporation or similar enterprise, or (iii) the members of a labor organization or other membership organization;

(d) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or the property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made shall be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the person providing the facility; or

(e) The rendering of personal services of the sort commonly performed by volunteer campaign workers or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid by the worker.

[Statutory Authority: RCW 42.17.370(1). 96-09-016, 390-16-313, filed 4/8/96, effective 5/9/96.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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