WSR 02-19-094

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed September 17, 2002, 1:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-15-170.

Title of Rule: Title 390 WAC, rules relating to enforcement procedures, transfers of campaign funds and reporting by major political party organizations.

Purpose: To clarify statutory requirements under chapter 42.17 RCW.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.095 and [42.17].370.

Summary: The proposed rule changes would amend and clarify the status of a complainant at an open commission hearing, clarify the appropriateness of transfers of surplus and nonsurplus funds and provide direction to major political party organizations on the designation of bona fide political party committees.

Reasons Supporting Proposal: The proposed rule amendments will clarify the statutory requirements under chapter 42.17 RCW and provide guidance to candidates, political committees and the public on procedures at public hearings and the Public Disclosure Commission (PDC) filing process.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, PDC 711, Capitol Way, Room 206, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, PDC 711, Capitol Way, Room 206, Olympia, (360) 664-8853.

Name of Proponent: Public Disclosure Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule changes would provide guidance to candidates and authorized committees as to under what circumstances surplus and nonsurplus funds may be transferred to other candidates or political committees, direct the major political party organizations to notify the PDC, in writing, of the designated county central committees and legislative district committees that are to be considered bona fide political party committees and outline the role of complainants in compliance matters before the commission in accordance with the current Administrative Procedure Act.

These proposed rule changes provide direction and clarification to candidates, political committees and the general public on statutory provisions of chapter 42.17 RCW.

Proposal Changes the Following Existing Rules: The proposed rule amendments will clarify the statutory requirements; provide guidance to candidates, political committees and the public on procedures at public hearings and on the PDC filing process.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rules does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. The PDC is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to this rule adoption pursuant to subsection (5)(a)(ii) of section 201, and to date the Joint Administrative Rules Review Committee has not made section 201 applicable to this rule adoption.

Hearing Location: Commission Hearing Room, Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA, on October 29, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Ruthann Byrant by phone (360) 753-1111.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112, dellis@pdc.wa.gov, by October 21, 2002.

Date of Intended Adoption: October 29, 2002.

September 17, 2002

Susan Harris

Assistant Director

OTS-5933.1


AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93, effective 8/30/93)

WAC 390-16-234   Transfers of surplus and nonsurplus candidate funds.   (1) One candidate may reimburse another for the former's proportionate share of ((a)) documented and properly reported joint campaign expenses without the transaction constituting a "transfer" within the meaning of RCW 42.17.095.

(2) ((A candidate may transfer any amount of his or her surplus funds to an exempt contributions account of a party or caucus committee.)) Candidate surplus funds may be transferred, without limit, to a bona fide political party or to a caucus political committee.

(3) ((If a candidate transfers his or her surplus funds to an account, other than an exempt account of a bona fide political party or caucus, the candidate may only transfer up to the $2,500 to the bona fide political party or $500 to the caucus committee per year.

(4) Transfers to exempt accounts must be made by a separate written instrument.)) Except as provided in subsections (1) and (2) of this section, no candidate or candidate's authorized committee may transfer surplus or nonsurplus funds to any other candidate or political committee.

[Statutory Authority: RCW 42.17.370. 93-16-064, 390-16-234, filed 7/30/93, effective 8/30/93.]

OTS-5934.1


AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93, effective 8/30/93)

WAC 390-17-200   Major political party organizations.   (1) With respect to a major political party, each of the following is considered a separate organization for purposes of making and receiving contributions: governing body of the state organization, county central committee and legislative district committee.

(2) Each major political party is restricted to one state central committee, one county central committee per county and one legislative district committee per legislative district.

(3) Each major political party shall designate each county central committee and each legislative district committee and shall notify the commission in writing of the names, addresses, telephone numbers, and e-mail addresses of each committee officer within two weeks following the designation ((by filing a PDC Form C-1pc)).

[Statutory Authority: RCW 42.17.370. 93-16-064, 390-17-200, filed 7/30/93, effective 8/30/93.]

OTS-5936.1


AMENDATORY SECTION(Amending Order 86-01, filed 2/5/86)

WAC 390-37-030   Enforcement procedures -- Status of citizen complainant and others.   (1) When a citizen complaint has been filed with the ((commission)) agency, neither the complainant nor any other person shall have special standing to participate or intervene in the investigation or consideration of the complaint by the commission. However, the staff shall give notice to the complainant of any open commission hearings on the matter and the complainant may be called as a witness in any enforcement hearing or investigative proceeding.

(2) The complainant or any other person may submit documentary evidence and/or written factual or legal statements to the ((commission)) staff at any time up to and including the fifth calendar day before the date of any enforcement hearing or proceeding. ((The complainant or any other person wishing to be heard in a compliance matter may request permission in advance of a public hearing on the matter or at such hearing, and the commission may grant such person a reasonable opportunity to be heard.))

(3) A person not satisfied with the dismissal of a complaint by the commission or its executive director when no violation is found, may pursue an appropriate remedy under RCW 42.17.400(4).

[Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-37-030, filed 2/5/86; 84-12-017 (Order 84-03), 390-37-030, filed 5/25/84; Order 79, 390-37-030, filed 6/25/76.]

Washington State Code Reviser's Office