WSR 02-03-018

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed January 4, 2002, 1:22 p.m. ]

Date of Adoption: November 20, 2001.

Purpose: Correct typographical errors.

Citation of Existing Rules Affected by this Order: WAC 390-05-200, remove a comma at the end of the second paragraph following the word "or."

WAC 390-05-205, remove an "s" at the end of the word "consumable" to make it singular and remove a comma following the word "catering."

WAC 390-13-010, following "Subscribed and sworn to before me this ___ day of ___," add "20__"; add the word "at" following the notary statement.

WAC 390-13-100, add language that was inadvertently left out of subsection (1)(c); add the word "attention" to subsection (1)(f) following the word "priority."

WAC 390-16-038, add a period at the end of the rule.

WAC 390-16-060, remove the words "may be obtained" and replace with "are available"; update room number to 206.

WAC 390-16-105, add an "s" to "expenditure" and the word "person" in subsection (1); delete an "s" from "contribution" in subsection (3).

WAC 390-16-226, add a period to the end of subsection (2); add the number (3) to subsection (3); delete the second paragraph marked (3).

WAC 390-16-308, in subsection (5) remove the word "similar" and a comma following the word "organization."

WAC 390-17-060, in subsection (3) add an "s" to the word "subsection"; remove the word "section" and add the word "rule."

WAC 390-17-315, remove the word "the" that was inadvertently left in the rule when previously filed.

WAC 390-18-040, remove the word "represent" that was inadvertently left in the rule when filed; add the word "imply" that was inadvertently left out.

WAC 390-20-020, add a phrase "which includes the L-2 Memo Report, dated 1/02" and update address.

WAC 390-20-105, remove a comma in subsection (1)(a) following the word "part"; remove the word "employees" that was inadvertently left in the rule when filed; add the word "employers" that was inadvertently left out.

WAC 390-24-200, correct the citation in subsection (1) to read "RCW 42.17.241 (1)(h) through (k)."

Update the commission's address in each of the following rules: WAC 390-12-040, 390-14-025, 390-14-045, 390-16-032, 390-16-033, 390-16-050, 390-20-110, 390-20-111, 390-20-120, 390-20-125, and 390-20-130.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 01-19-079 on September 19, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, 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 26, 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 26, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

January 4, 2002

Vicki Rippie

Executive Director

OTS-5155.1


AMENDATORY SECTION(Amending WSR 96-05-001, filed 2/7/96, effective 3/9/96)

WAC 390-05-200   Definition -- Candidates for public office -- Time of filing.   The following circumstances shall give rise to presumption that an individual is a "candidate" as that term is defined in RCW 42.17.020(8):

(1) The existence of a political committee promoting the election of such individual for public office with the knowledge and consent of that individual; or

(2) A public declaration of candidacy by an individual even if the candidacy is conditioned on a future occurrence; or(([,]))

(3) Meeting the requirements set forth in WAC 390-16-230 (1) or (2).

[Statutory Authority: RCW 42.17.370(1). 96-05-001, 390-05-200, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, 390-05-200, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), 390-05-200, filed 7/9/85; Order 62, 390-05-200, filed 8/26/75.]


AMENDATORY SECTION(Amending WSR 96-05-001, filed 2/7/96, effective 3/9/96)

WAC 390-05-205   Definition of term "consumable."   For the purpose of RCW 42.17.020 (14)(a)(iv) the term "consumable(([s]))" includes the amount paid for food, beverages, preparation, catering(([,])) or entertainment cost furnished at the event.

[Statutory Authority: RCW 42.17.370(1). 96-05-001, 390-05-205, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, 390-05-205, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), 390-05-205, filed 7/9/85; Order 63, 390-05-205, filed 9/10/75.]

OTS-5156.1


AMENDATORY SECTION(Amending WSR 00-22-057, filed 10/27/00, effective 11/27/00)

WAC 390-13-010   Optional format for requests for lists of individuals.   The use of a list of individuals obtained from an agency for commercial purposes is prohibited by RCW 42.17.260. Therefore, the following format is adopted by the commission and authorized for use by agencies, at their option, to bring uniformity to the administration of that statute.

(Name of Agency) PUBLIC RECORDS ACCESS


STATE OF WASHINGTON

COUNTY OF__________

|

>

|

ss.

AFFIDAVIT TO

RELEASE

PUBLIC RECORDS

(Name and Address)

having been duly sworn, deposes and says:


1. I have requested copies of the following public records:


2. I understand that Washington state law, RCW 42.17.260, prohibits the use of lists of individuals for commercial purposes.


3. I understand that the use for commercial purposes of said records may also violate the rights of the individuals named therein and may subject me to liability for such commercial use.


4. I understand that section 2 or 3 herein apply when I use said records for commercial purposes and when others use said records or copies of same for commercial purposes. I understand that I may be liable in either case.


5. I understand that "commercial purposes" means that the person requesting the record intends that the list will be used to communicate with the individuals named in the record for the purpose of facilitating profit expecting activity.


6. Therefore, I do hereby swear and affirm on oath and under penalty of law that I will not use said records for commercial purposes and that further, it is my affirmative duty to prevent others from using said records for commercial purposes.


Signature
SUBSCRIBED AND SWORN to before me this day of , (([20])) 20 .
_________________ Notary Public in and for the state

of Washington residing (([at])) at .

[Statutory Authority: RCW 42.17.370(1). 00-22-057, 390-13-010, filed 10/27/00, effective 11/27/00; 96-05-001, 390-13-010, filed 2/7/96, effective 3/9/96; 83-11-004 (Order 83-01), 390-13-010, filed 5/6/83.]


AMENDATORY SECTION(Amending WSR 98-12-038, filed 5/28/98, effective 6/28/98)

WAC 390-13-100   Duties of elections officials receiving copies of campaign finance reports.   (1) Pursuant to RCW 42.17.375, when arranging, indexing, handling and providing access to reports filed with the county as required by chapter 42.17 RCW, county election officers shall adhere to the following:

(a) Each report on receipt shall be marked with the date (or some means of determining the date) the report was postmarked and/or the date on which it was received by the elections office.

(b) Files for these reports shall be maintained separate from all other reports and documents in the office and shall be arranged alphabetically by the name of the candidate or committee. Elections officers may segregate files into additional categories, if desired.

(c) Files may be maintained in paper or electronic form or on micrographics(([. If files are maintained in electronic form or on micrographics])). If files are maintained in electronic form or on micrographics, equipment for viewing and reproducing reports on paper must be made available to the public.

(d) A separate, special index shall be maintained showing the name of each candidate or committee for whom reports are on file. The index need not list each report subsequently filed. The index shall be readily available for public inspection.

(e) Reports shall be placed in the files and available for public inspection by the end of the next business day following receipt.

(f) Mindful that the public's right to know of the financing of political campaigns is paramount, elections officials shall give priority (([attention])) attention to and promptly honor each request for public inspection of the campaign finance report files.

(2) Copies of reports must be maintained by elections officers for a period of at least six years, in accordance with RCW 42.17.450, and records retention schedules prepared pursuant to chapter 40.14 RCW.

(3) A description of the county's method of filing and indexing campaign finance reports shall be updated and sent to the public disclosure commission within 30 days of a revision to the filing and indexing system.

[Statutory Authority: RCW 42.17.370(1). 98-12-038, 390-13-100, filed 5/28/98, effective 6/28/98; 85-15-020 (Order 85-03), 390-13-100, filed 7/9/85; 83-17-138 (Order 83-02), 390-13-100, filed 8/24/83.]

OTS-5157.3


AMENDATORY SECTION(Amending WSR 96-09-016, filed 4/8/96, effective 5/9/96)

WAC 390-16-038   Definition -- Aggregate.   The term "aggregate" means, for purposes of:

(1) A candidate for state office, the total amount of contributions received by the candidate, an agent of the candidate and any political committee affiliated with the candidate from the beginning of the election cycle;

(2) A candidate for local or judicial office, the total amount of contributions received by the candidate, an agent of the candidate and any political committee affiliated with the candidate from the beginning of the candidate's campaign;

(3) A bona fide political party or caucus political committee, the total amount of contributions received by the committee from January 1 of the current calendar year;

(4) A political committee, the total amount of contributions received by the committee from the date of organization;

(5) A continuing political committee, the total amount of contributions received by the committee from January 1 of the current calendar year;

(6) A contributor, the total amount of all contributions received from a person, and any person affiliated with the person, to any one candidate or political committee;

(7) A person making independent expenditures with respect to a candidate and the reporting and disclosure provisions of RCW 42.17.100, .180, .510 and .550, an independent expenditure made by a person in support of a candidate shall be added to any independent expenditure by the same person in opposition to one or more of the candidate's opponents; and, for purposes of a person making independent expenditures with respect to a ballot proposition, an independent expenditure made by a person in support of a ballot proposition shall be added to any independent expenditure by the same person in opposition to the ballot proposition or in support of an alternative ballot proposition;

(8) The special reports required by RCW 42.17.105 and 42.17.175, the total amount of contributions received or expenditures made by a single person or entity during the special reporting period;

(9) An employer of a registered lobbyist, the total amount of all contributions made to a political committee supporting or opposing a candidate for state office, or to a political committee supporting or opposing a state-wide ballot proposition during the preceding calendar year;

(10) The sponsor of a grass roots lobbying campaign, the total amount of contributions received since the beginning of the campaign and the total amount of expenditures made during the time frames specified in RCW 42.17.200(1);

(11) RCW 42.17.245, the total amount of all time and demand deposits in each financial institution on December 31;

(12) RCW 42.17.395(4), the total amount of monetary penalty that the commission may impose for multiple violations of the act(([.])).

[Statutory Authority: RCW 42.17.370(1). 96-09-016, 390-16-038, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 93-22-002, 390-16-038, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-038, filed 2/5/86; Order 62, 390-16-038, filed 8/26/75.]


AMENDATORY SECTION(Amending WSR 89-20-068, filed 10/4/89, effective 11/4/89)

WAC 390-16-060   Forms for report of independent expenditures.   The official form for reports of independent expenditures as required by RCW 42.17.100 is designated "C-6," revised ((1/90)) 1/02. Copies of this form (([are available] [may be obtained])) are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504. Any attachments shall be on 8 1/2" x 11" white paper.

((Place illustration here.))

Place illustration here.

[Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-060, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-060, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-060, filed 5/10/82; Order 77, 390-16-060, filed 6/2/76; Order 62, 390-16-060, filed 8/26/75; Order 6, 390-16-060, filed 3/23/73.]


AMENDATORY SECTION(Amending WSR 01-10-050, filed 4/26/01, effective 6/1/01)

WAC 390-16-105   Mini campaign reporting -- Eligibility.   (1) A candidate or candidate's authorized committee, as those terms are defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.060 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditure(([s]))s exceed the amount of the candidate's filing fee provided by law plus a sum not to exceed three thousand five hundred dollars and no contribution or contributions from any (([person])) person other than the candidate within such aggregate exceed three hundred dollars. However, a bona fide political party may pay the candidate's filing fee provided by law without that payment disqualifying that candidate from eligibility under this section.

(2) A political committee, as that term is defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.060 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditures exceed three thousand five hundred dollars and no contribution or contributions from any person exceed three hundred dollars.

(3) A continuing political committee, as that term is defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.060 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditures during a calendar year exceed three thousand five hundred dollars and no contribution(([s])) or contributions from any person exceed three hundred dollars.

[Statutory Authority: RCW 42.17.370. 01-10-050, 390-16-105, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-105, filed 2/5/86; Order 91, 390-16-105, filed 7/22/77; Order 62, 390-16-105, filed 8/26/75.]


AMENDATORY SECTION(Amending WSR 00-22-056, filed 10/27/00, effective 11/27/00)

WAC 390-16-226   Loans.   (1) Only loans which are recorded in a written loan agreement executed at the time of the loan and properly reported may be repaid by a candidate or political committee. Surplus campaign funds under RCW 42.17.020 and 42.17.095 may only be used to return a contribution to the candidate if the contribution was properly reported as a loan from the candidate, as described in subsections (2) and (3).

(2) If any person gives or loans the candidate funds in connection with his or her campaign, the funds are not considered personal funds of the candidate. See WAC 390-17-305. Such funds are considered a contribution from the original source of the contribution under chapter 42.17 RCW and, unless the loan meets the exemption provided in RCW 42.17.720(3) and this subsection, the contribution is subject to the contribution limits provided in chapter 42.17 RCW(([.])).

(a) If a candidate or candidate's own political committee or campaign or authorized committee receives a loan from a commercial lending institution, the loan is exempt from the contribution limits of RCW 42.17.640 and WAC 390-16-310 only if all the following criteria are met:

(i) the loan is not guaranteed by any other person;

(ii) the loan is made in the regular course of business; and,

(iii) the loan is made on the same terms ordinarily available to the public.

(b) A commercial loan to a candidate's own committee or campaign or authorized committee is presumed to be guaranteed by the candidate. The presumption is rebuttable by clear, cogent and convincing evidence.

(([(3)])) (3) The amount of campaign contributions which may be used to repay a loan made by the candidate to the candidate's own political committee or campaign, or to repay a commercial loan to a candidate's own political committee or campaign where the candidate is the borrower or guarantor, is limited to the loan repayment limit in RCW 42.17.125(3) as adjusted by WAC 390-05-400. For purposes of the loan repayment limit, these loans are aggregated for each primary, general, special or recall election and must be designated accordingly by the candidate at the time the loan is made.

(([(3)])) (4) If a candidate makes documented out-of-pocket campaign expenditures on behalf of his or her campaign expecting repayment (not intending to make an in-kind contribution), the campaign committee must repay the candidate within 21 days of the expenditure or the candidate will be deemed to have made a loan to his or her campaign committee which must qualify for repayment under subsections (1) and (2) in order for the candidate to be repaid. Undocumented out-of-pocket campaign expenditures by the candidate are in-kind contributions not eligible for repayment.

[Statutory Authority: RCW 42.17.370(1). 00-22-056, 390-16-226, filed 10/27/00, effective 11/27/00. Statutory Authority: RCW 42.17.370. 93-16-064, 390-16-226, filed 7/30/93, effective 8/30/93.]


AMENDATORY SECTION(Amending WSR 94-11-016, filed 5/5/94, effective 6/5/94)

WAC 390-16-308   Identification of source of contribution.   Any person who makes a contribution shall inform the candidate or treasurer, at the time the contribution is made, of the true and actual source of funds from which the contribution is made. To identify the source of a contribution received by check or other written instrument in the absence of other information, a candidate or treasurer shall apply the following:

Provided, that in cases where the source of the contribution is known and differs from the guidelines set forth below, the known source of the contribution shall be reported;

Provided further, that contributions made through an intermediary or conduit or transmitted by an intermediary shall identify the true and actual source of the funds.

(1) A contribution drawn upon a single account shall be attributed to the account holder as identified by the name printed on the face of the check or negotiable instrument.

(2) A contribution drawn upon a joint account shall be attributed in equal proportion to each of the account holders as identified by the names printed on the face of the check or negotiable instrument unless the candidate or treasurer is notified in writing that the contribution should be allocated in different proportions.

(3) A contribution made by a sole proprietor or drawn upon the account of a business which is a sole proprietorship shall be attributed to the owner of the business entity.

(4) A contribution drawn upon the account of a partnership shall be attributed to the partnership as a separate entity except that;

Any check drawn upon the partnership account but which is to be paid from the capital account of one or more individual partners shall identify at the time of transmittal to the candidate or treasurer the name(s) of the contributing partner(s) and shall be attributed to the contributing partner(s).

(5) A contribution drawn upon the account of a corporation, union, association or other (([similar])) organization((,)) shall be attributed to the corporation, union, association or other organization as a separate entity unless that entity is affiliated with another entity pursuant to WAC 390-16-309 in which case a contribution from one of those entities is attributed to both entities.

[Statutory Authority: RCW 42.17.390. 94-11-016, 390-16-308, filed 5/5/94, effective 6/5/94. Statutory Authority: RCW 42.17.370. 93-04-072, 390-16-308, filed 1/29/93, effective 3/1/93; 91-14-041, 390-16-308, filed 6/27/91, effective 7/28/91; 90-20-088, 390-16-308, filed 9/28/90, effective 10/29/90.]

OTS-5158.2


AMENDATORY SECTION(Amending WSR 96-05-001, filed 2/7/96, effective 3/9/96)

WAC 390-17-060   Exempt activities -- Definitions, reporting.   (1)(a) "Exempt contributions" are contributions made to a political committee which are earmarked for exempt activities as described in RCW 42.17.640 (14)(a) and (b). Such contributions are required to be reported under RCW 42.17.090, are subject to the restrictions in RCW 42.17.105(8), but are not subject to the contribution limits in RCW 42.17.640. Any written solicitation for exempt contributions must be so designated. Suggested designations are "not for individual candidates" or "for exempt activities."

(b) Contributions made to a caucus of the state legislature, to a candidate or candidate's authorized committee which are earmarked for voter registration, absentee ballot information, get-out-the-vote campaigns, sample ballots are presumed to be for the purpose of promoting individual candidates and are subject to the contribution limits in RCW 42.17.640.

(c) Contributions made to a caucus of the state legislature, to a candidate or candidate's authorized committee which are earmarked for internal organization expenditures or fundraising are presumed to be with direct association with individual candidates and are subject to the contribution limits in RCW 42.17.640.

(2) "Exempt contributions account" is the separate bank account into which only exempt contributions are deposited and out of which only expenditures for exempt activities shall be made.

(3) "Exempt activities" are those activities described in RCW 42.17.640(14), expenditures for which are exempt from the contribution limits of RCW 42.17.640. However, only those activities described in RCW 42.17.640(14) as further defined in subsection(([s]))s (4) and (5) of this (([section] [rule])) rule are eligible for payment with exempt contributions.

(4)(a) If activities described in RCW 42.17.640 (14)(a) promote clearly identified candidate(s), the activities are a contribution to those candidate(s). Expenditures for these activities may not be made with exempt contributions. If more than one clearly identified candidate is promoted, the amount expended shall be allocated proportionally among those candidates. The amount expended for such activities shall be reported as a contribution to that candidate(s). Candidate(s) shall be notified in writing of the contribution within five business days of the expenditure.

(b) A candidate is deemed to be clearly identified if: The name of the candidate is used; a photograph or drawing of the candidate appears; or the identity of the candidate is apparent by unambiguous reference.

(c) An activity that benefits or opposes fewer than three individual candidates shall be presumed to be for the purpose of promoting individual candidates whether or not they are clearly identified. Such an activity does not constitute a contribution to any candidate who is not clearly identified, but the activity shall not be paid with exempt funds.

(5)(a) "Internal organization expenditures" described in RCW 42.17.640 (14)(b) are expenditures for organization purposes, including legal and accounting services, rental and purchase of equipment and office space, utilities and telephones, postage and printing of newsletters for the organization's members or contributors or staff when engaged in organizational activities such as those previously listed, all without direct association with individual candidates.

(b) "Fundraising expenditures" described in RCW 42.17.640 (14)(b) are expenditures for fundraising purposes, including: Facilities for fundraisers, consumables furnished at the event and the cost of holding social events and party conventions, all without direct association with individual candidates.

(c) If expenditures made pursuant to (([subsections])) subsections (a) and (b) (([of this subsection] [above])) above are made in direct association with individual candidates, they shall not be paid with exempt contributions.

(6) For purposes of RCW 42.17.640 (14)(a) and this section, activities that oppose one or more clearly identified candidates are presumed to promote the opponent(s) of the candidate(s) opposed.

[Statutory Authority: RCW 42.17.370(1). 96-05-001, 390-17-060, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-24-003, 390-17-060, filed 11/18/93, effective 12/19/93.]


AMENDATORY SECTION(Amending WSR 96-05-001, filed 2/7/96, effective 3/9/96)

WAC 390-17-315   Political committees--Qualifications to contribute.   In order to make contributions as permitted by RCW 42.17.640(11), a political committee shall, within (([the])) 180 days prior to making the contribution, have received contributions of $10 or more from at least ten individuals registered to vote in Washington state at the time they contributed to the political committee. Upon written request of the commission or other person seeking this information, the political committee shall provide within 14 days a list of these ten individuals, identified by name, address, amount of contribution and date contribution was received.

[Statutory Authority: RCW 42.17.370(1). 96-05-001, 390-17-315, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.390. 94-07-141, 390-17-315, filed 3/23/94, effective 4/23/94. Statutory Authority: RCW 42.17.370. 93-16-064, 390-17-315, filed 7/30/93, effective 8/30/93.]

OTS-5159.1


AMENDATORY SECTION(Amending WSR 92-12-037, filed 5/29/92, effective 6/29/92)

WAC 390-18-040   Use of the terms "reelect," "retain," and "return."   (1) The term "reelect" when used in a political advertisement represents that the candidate is presently holding the office being sought, was elected to it, and is seeking another term in that same office in the same district or political subdivision.

(2) The term "reelect" may be used in a political advertisement by a nonincumbent candidate who has previously been elected to the office being sought provided that in the same advertisement it is clearly stated that the candidate is not the incumbent.

(3) The term "retain" in a political advertisement represents that the candidate is the incumbent but does not (([represent] [imply])) imply that the candidate attained the office by election.

(4) The term "return" in a political advertisement represents that the candidate now holds, or has previously held, the office being sought, but does not represent that the office was attained by election.

(5) Whenever the boundaries of a district or political subdivision are officially altered through redistricting, consolidation or other official procedures, the candidate holding an office in the affected district or political subdivision may, in a political advertisement, use the term "reelect," "retain" or "return," as appropriate, if the candidate is seeking the same office in the revised district or political subdivision.

(6) Stating the office sought (e.g., "mayor") by a candidate in a political advertisement without expressly stating the candidate is seeking election to the office (e.g., "for mayor"; "Elect Smith Mayor") represents that the candidate presently holds that office.

[Statutory Authority: RCW 42.17.370. 92-12-037, 390-18-040, filed 5/29/92, effective 6/29/92. Statutory Authority: RCW 42.17.370(1). 88-14-064 (Order 88-02), 390-18-040, filed 7/1/88; 86-12-059 (Order 86-03), 390-18-040, filed 6/3/86.]

OTS-5160.3


AMENDATORY SECTION(Amending WSR 96-01-103, filed 12/19/95, effective 1/19/96)

WAC 390-20-020   Forms for lobbyist report of expenditures.   The official form for the lobbyist report of expenditures is designated "L-2," revised (([which includes the L-2 Memo Report, dated 11/92] 11/95)) 1/02 which includes the L-2 Memo Report, dated 1/02. Copies of this form are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504. (([Any attachments shall be on 8-1/2" x 11" white paper.])) Any attachments shall be on 8-1/2" x 11" white paper.

((Place illustration here.))

((Place illustration here.))

((Place illustration here.))

Place illustration here.

Place illustration here.

Place illustration here.

[Statutory Authority: RCW 42.17.370(1). 96-01-103, 390-20-020, filed 12/19/95, effective 1/19/96. Statutory Authority: RCW 42.17.370. 93-04-072, 390-20-020, filed 1/29/93, effective 3/1/93; 91-24-011, 390-20-020, filed 11/22/91, effective 12/23/91; 90-20-088, 390-20-020, filed 9/28/90, effective 10/29/90. Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), 390-20-020, filed 11/26/85; 82-21-020 (Order 82-07), 390-20-020, filed 10/12/82; 80-02-055 (Order 80-01), 390-20-020, filed 1/17/80; Order 94, 390-20-020, filed 10/31/77; Order 88, 390-20-020, filed 12/29/76; Order 62, 390-20-020, filed 8/26/75; Order 45, 390-20-020, filed 9/26/74; Order 6, 390-20-020, filed 3/23/73.]


AMENDATORY SECTION(Amending Order 88-02, filed 7/1/88)

WAC 390-20-105   Lobbyist's employer -- Meaning -- Examples.   (1) The term "lobbyist's employer" includes every person who engages or utilizes the services of any other person to lobby, upon an agreement express or implied, for compensation or for other consideration, as that term is defined in WAC 390-05-220. A person is a lobbyist's employer within the meaning of the act when:

(a) Other persons are actually employed by or receive consideration from such person in whole or in part(([,])) for lobbying;

(b) Officers or (([employees] [employers])) employers of such person, lobby for or on behalf of such person, whether such duties are expressed in the corporate or partnership articles or bylaws or other writings of such employer, or in a written or oral contract, or exist by reason of a mutual understanding;

(c) The lobbying services are secured or arranged for through an authorized representative.

(2) A person shall not be deemed to be a lobbyist's employer solely because an employee of such person engages in lobbying.

[Statutory Authority: RCW 42.17.370(1). 88-14-064 (Order 88-02), 390-20-105, filed 7/1/88; 85-24-020 (Order 85-05), 390-20-105, filed 11/26/85; Order 62, 390-20-105, filed 8/26/75.]

OTS-5161.1


AMENDATORY SECTION(Amending WSR 01-10-053, filed 4/26/01, effective 6/1/01)

WAC 390-24-200   Descriptions of real property.   (1) For the purposes of reporting real property as required by RCW 42.17.241 (([(1)])) (1)(h)((-)) through (k), the filer shall list the street address of each parcel, the assessor's parcel number, the abbreviated legal description appearing on property tax statements, or the complete legal description.

(2) Each property description shall be followed by the name of the county in which the property is located.

[Statutory Authority: RCW 42.17.370. 01-10-053, 390-24-200, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 88-20-029 (Order 88-04), 390-24-200, filed 9/29/88; 86-08-030 (Order 86-02), 390-24-200, filed 3/26/86; Order 63, 390-24-200, filed 9/10/75.]

OTS-5198.1


AMENDATORY SECTION(Amending WSR 91-24-011, filed 11/22/91, effective 12/23/91)

WAC 390-12-040   Public disclosure commission -- Description of central and field organization.   (1) The public disclosure commission is a five member commission appointed by the governor with the consent of the senate. The commission is assisted by a staff consisting of an executive director and such other employees as are necessary.

(2) The administrative office of the commission is located at ((Public Disclosure Commission)) 711 Capitol Way, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington.

(3) Mailings to the commission should be addressed as follows: Public Disclosure Commission, ((711 Capitol Way, Rm 403,)) PO Box 40908, Olympia, WA 98504-0908.

[Statutory Authority: RCW 42.17.370. 91-24-011, 390-12-040, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), 390-12-040, filed 7/9/85; Order 62, 390-12-040, filed 8/26/75; Order 42, 390-12-040, filed 9/26/74; Order 9, 390-12-040, filed 4/24/73.]

OTS-5199.1


AMENDATORY SECTION(Amending WSR 99-12-059, filed 5/27/99, effective 6/27/99)

WAC 390-14-025   Requests for public records.   (1) In accordance with requirements of chapter 42.17 RCW that agencies provide full public access to public records, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, requests to inspect or copy public records may be made in person, by letter, by telephone or by electronic means.

The commission office is located at 711 Capitol Way, ((Suite 403)) Room 206, Evergreen Plaza Building, Olympia, Washington. The mailing address is: Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908. Telephone number: (360) 753-1111. Toll-free telephone number: 1-877-601-2828. Facsimile number: (360) 753-1112. Electronic mail: pdc@pdc.wa.gov.

(2) Whenever a member of the public requests assistance, the staff member to whom the request is made shall assist the member of the public in identifying the appropriate public record.

[Statutory Authority: RCW 42.17.370(1). 99-12-059, 390-14-025, filed 5/27/99, effective 6/27/99; 85-15-020 (Order 85-03), 390-14-025, filed 7/9/85; Order 64, 390-14-025, filed 11/25/75; Order 62, 390-14-025, filed 8/26/75.]


AMENDATORY SECTION(Amending WSR 99-12-063, filed 5/27/99, effective 6/27/99)

WAC 390-14-045   Records index.   (1) The commission has established and implemented a system of indexing for the identification and location of the following records:

(a) All records issued before July 1, 1990, for which the commission has maintained an index.

(b) Final adjudicative orders and declaratory orders issued after June 30, 1990, that contain an analysis or decision of substantial importance to the commission in carrying out its duties.

(c) Interpretive and policy statements that were issued after June 30, 1990.

(2) Final and declaratory orders shall be evaluated by the executive director or executive director's designee. Those orders which are determined to have substantial importance shall be indexed.

(3) Final orders shall be indexed by the name of the person against whom the order was issued and by citation to the law involved.

(4) Declaratory orders shall be indexed by number, subject matter, phrase describing the issue or holding and citation to the law involved.

(5) Interpretive statements and policy statements shall be indexed by number and subject matter.

(6) The indexes are available for public inspection and copying weekdays, excluding legal holidays, between 8:00 a.m. and 5:00 p.m. at the Public Disclosure Commission, 711 Capitol Way, ((Suite 403)) Room 206, Evergreen Plaza Building, Olympia, Washington 98504-0908.

(7) The indexes shall be updated quarterly.

[Statutory Authority: RCW 42.17.370(1). 99-12-063, 390-14-045, filed 5/27/99, effective 6/27/99. Statutory Authority: RCW 42.17.370. 91-16-072, 390-14-045, filed 8/2/91, effective 9/2/91. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), 390-14-045, filed 7/9/85; Order 62, 390-14-045, filed 8/26/75.]

OTS-5200.3


AMENDATORY SECTION(Amending WSR 99-22-081, filed 11/2/99, effective 12/3/99)

WAC 390-16-032   Forms -- Auction report.   The official form for reporting items donated and sold at auctions, as required by RCW 42.17.090 (1)(b), is designated "Attachment Au," revised ((12/99)) 1/02. This attachment shall accompany each C-3 which reports the receipt of funds from an auction. Copies of this form are available at the Commission Office, 711 Capitol Way, Room ((403)) 206, Evergreen Plaza Building, P.O. Box 40908, Olympia, Washington, 98504-0908.

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[Statutory Authority: RCW 42.17.370(1). 99-22-081, 390-16-032, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-032, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 92-19-011, 390-16-032, filed 9/3/92, effective 10/4/92; 89-20-068, 390-16-032, filed 10/4/89, effective 11/4/89.]

OTS-5200.2


AMENDATORY SECTION(Amending WSR 94-05-011, filed 2/3/94, effective 3/6/94)

WAC 390-16-033   Earmarked contributions -- Reporting -- Form.   The official form for reporting the details surrounding an earmarked contribution, as required by RCW 42.17.125, is designated "Special Report E," revised ((11/93)) 1/02. This report shall be filed within two working days of receiving a contribution earmarked for another candidate or committee. Copies of this form are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504-0908.

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[Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-033, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 90-16-083, 390-16-033, filed 7/31/90, effective 8/31/90; 89-20-068, 390-16-033, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-14-056 (Order 86-05), 390-16-033, filed 6/27/86.]


AMENDATORY SECTION(Amending WSR 94-05-011, filed 2/3/94, effective 3/6/94)

WAC 390-16-050   Forms for contributions and expenditures of political committees not domiciled in Washington state.   The official form for the report of contributions and expenditures of political committees not domiciled in Washington state or otherwise not required to report is designated "C-5," revised ((11/93)) 1/02. Copies of this form are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504-0908. Any attachments shall be on 8 1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-050, filed 2/3/94 effective 3/6/94. Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-050, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-050, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-050, filed 5/10/82; Order 77, 390-16-050, filed 6/2/76; Order 62, 390-16-050, filed 8/26/75; Order 6, 390-16-050, filed 3/23/73.]

OTS-5201.2


AMENDATORY SECTION(Amending WSR 98-01-062, filed 12/11/97, effective 1/11/98)

WAC 390-20-110   Forms for lobbyist employers report.   The official form for statement by employers of registered lobbyists as required by RCW 42.17.180 is designated "L-3," revised ((1/98)) 1/02. Copies of this form are available at the Commission Office 711 Capitol Way, Room ((403)) 206, Evergreen Plaza Building, PO Box 40908, Olympia, Washington, 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1) and 42.17.180 (1)(h). 98-01-062, 390-20-110, filed 12/11/97, effective 1/11/98. Statutory Authority: RCW 42.17.370(1). 96-01-103, 390-20-110, filed 12/19/95, effective 1/19/96. Statutory Authority: RCW 42.17.390. 95-01-074A, 390-20-110, filed 12/16/94, effective 1/16/95. Statutory Authority: RCW 42.17.370. 93-04-072, 390-20-110, filed 1/29/93, effective 3/1/93; 90-22-018, 390-20-110, filed 10/29/90, effective 11/29/90. Statutory Authority: RCW 42.17.370(1). 87-05-001 (Order 87-01), 390-20-110, filed 2/5/87; 85-24-020 (Order 85-05), 390-20-110, filed 11/26/85; 84-05-018 (Order 84-01), 390-20-110, filed 2/10/84; Order 62, 390-20-110, filed 8/26/75.]


AMENDATORY SECTION(Amending WSR 90-16-083, filed 7/31/90, effective 8/31/90)

WAC 390-20-111   Form for lobbyist employers report of political contributions.   The official form entitled "Employer of Lobbyist Monthly Political Contribution Report" as required by RCW 42.17.180 (2)(a) is designated "L-3c((.))" revised 1/02. Copies of this form are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington, 98504-0908. Any attachments must be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 90-16-083, 390-20-111, filed 7/31/90, effective 8/31/90.]


AMENDATORY SECTION(Amending Order 85-05, filed 11/26/85)

WAC 390-20-120   Forms for report of legislative activity by public agencies.   The official form for the report of legislative activity by public agencies as required by RCW 42.17.190 is designated "L-5," revised ((11/79)) 1/02. Copies of this form are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), 390-20-120, filed 11/26/85; 80-02-106 (Order 80-02), 390-20-120, filed 1/24/80. Statutory Authority: RCW 42.17.160(4) and 42.17.370(1). 78-08-061 (Order 100), 390-20-120, filed 7/24/78; Order 94, 390-20-120, filed 10/31/77; Order 77, 390-20-120, filed 6/2/76; Order 62, 390-20-120, filed 8/26/75.]


AMENDATORY SECTION(Amending WSR 90-16-083, filed 7/31/90, effective 8/31/90)

WAC 390-20-125   Forms for registration and reporting by sponsors of grass roots lobbying campaigns.   The official form for registration and reporting by sponsors of grass roots lobbying campaigns as required by RCW 42.17.200 is designated "L-6," revised ((6/90)) 1/02. Copies of this form are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 90-16-083, 390-20-125, filed 7/31/90, effective 8/31/90. Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), 390-20-125, filed 11/26/85; Order 62, 390-20-125, filed 8/26/75.]


AMENDATORY SECTION(Amending Order 85-05, filed 11/26/85)

WAC 390-20-130   Forms for statement of employment of legislators, state officers, and state employees.   The official form for statement of employment of legislators, state officers, and state employees as required by RCW 42.17.210 is designated "L-7((.))" revised 1/02. Copies of this form are available at the Commission Office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), 390-20-130, filed 11/26/85; Order 62, 390-20-130, filed 8/26/75.]

Washington State Code Reviser's Office