WSR 02-23-001

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed November 6, 2002, 2:14 p.m. ]

Date of Adoption: October 2 [29], 2002.

Purpose: To provide guidance to candidates and authorize 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 Public Disclosure Commission, 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.

Citation of Existing Rules Affected by this Order: Amending WAC 390-17-200, 390-37-030, and 390-16-234.

Statutory Authority for Adoption: RCW 42.17.370.

Adopted under notice filed as WSR 02-19-094 on September 17, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

November 5, 2002

Vicki Rippie

Executive Director

OTS-5933.2


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