WSR 06-06-006

INTERPRETIVE AND POLICY STATEMENT

PUBLIC DISCLOSURE COMMISSION


[ Filed February 16, 2006, 3:53 p.m. ]

     In accordance with RCW 34.05.230, listed below are four interpretations, and one declaratory order adopted by the public disclosure commission in calendar year 1996.


     Title: Commission Interpretation 96-01 - Participation in Fund Raising Events by State Officials During Legislative Freeze Period. (This interpretation is superseded by 01-01).

     Purpose: Provides guidance concerning RCW 42.17.710, which prohibits a state elected official (or a person employed by or acting on behalf of a state elected official), during the legislative session freeze period, from soliciting or accepting contributions to a public office fund, to a candidate or authorized committee, or to retire a campaign debt. At its meeting on February 20, 1996, the commission clarified the application of this prohibition to specific fund-raising activities.

     Effective Date: February 20, 1996. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/html/007.html.


     Title: Commission Interpretation 96-02 - Commercial Loans to a Candidate.

     Purpose: Provides guidance concerning under what circumstances commercial loans made to a candidate or a candidate's authorized committee are not subject to the contribution limits provided in RCW 42.17.640. In addition, the interpretation answers the question of whether the maximum loan repayment restriction in RCW 42.17.125(3) apply to commercial loans to a candidate or a candidate's authorized committee.

     Effective Date: July 15, 1996. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/html/006.html.


     Title: Commission Interpretation 96-03 - L-2 Reporting Guide for Entertainment, Travel and Educational Expenditures.

     Purpose: The commission provides guidance to lobbyists on how to report meals, entertainment and gifts on the monthly lobbyist expense report (PDC form L-2).

     Effective Date: January 23, 1996. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/html/005.html.


     Title: Commission Interpretation 96-04 - Definition of the phrase "Within 21 Days of a General Election," for Purposes of RCW 42.17.105(8). (This interpretation supersedes 92-02.)

     Purpose: For purposes of RCW 42.17.105(8), the statute requiring special reports for late contributions or large totals, the phrase "within 21 days of a general election" means the period beginning at 12:01 a.m. PST on the third Tuesday before the general election held in November and ending at 11:59 p.m. PST on the day before the election.

     Effective Date: March 26, 1996. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/html/004.html.


     Title: Declaratory Order number 14 – School District Activities Relating to Support of or Opposition to Initiatives to the Legislature.

     Purpose: An analysis of when and to what extent the statute regarding the prohibition of using public facilities in election campaigns, RCW 42.17.130, and the statute concerning legislative activities of state agencies, other units of government, elective officials, employees, RCW 42.17.190, affect a school district's ability to engage in activities relating to the support of or opposition to initiatives to the legislature.

     Effective Date: May 28, 1996. A copy of the declaratory order may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/declar/DECL_14.pdf.


     In accordance with RCW 34.05.230, listed below is one interpretation adopted by the public disclosure commission in calendar year 1998.


     Title: Commission Interpretation 98-01 - Slate Cards and Other Candidate Listings (withdrawn by commission on April 24, 2001).

     Purpose: The commission determined that, under certain conditions, expenditures for slate cards fall within the parameters of RCW 42.17.640 (14)(a) and are, therefore, exempt from contribution limits and eligible for payment with a bona fide political party's exempt funds. Slate cards remain reportable under chapter 42.17 RCW and subject to the political advertising provisions. However, this interpretation was withdrawn by commission on April 24, 2001.

     Effective Date: August 25, 1998. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/html/003.html.


     In accordance with RCW 34.05.230, listed below are an interpretation, a declaratory order and one policy adopted by the public disclosure commission in calendar year 1999.


     Title: Declaratory Order number 15 - Petition by the University of Washington Regarding Application of the Public Agency Lobbying Provisions.

     Purpose: Lobbying under RCW 42.17.190 occurs when the person making the communication to an elected official, or officer or employee of any agency, intends to influence in a material way the adoption or rejection of specific proposed or reasonably anticipated bills, resolutions, motions, amendments, nominations, and other like matters before the state legislature. The University of Washington's discretionary funds, and returns on those funds, received by the university under RCW 28B.20.130 do not constitute "public funds" under RCW 42.17.190 (3) and (5). The gift prohibition contained in RCW 42.17.190(3) applies when lobbying occurs within a reasonable period of time before or after receipt of the gift.

     Effective Date: June 29, 1999. A copy of the declaratory order may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/declar/DECL_15.pdf.


     Title: PDC Policy number 99-01 - Goals Regarding Access to Campaign and Lobbying Reports.

     Purpose: Section 2, Chapter 401, Laws of 1999 (E2SSB 5931), requires the commission to establish goals regarding prompt availability of the reports filed with the commission or the information included in the reports, which are detailed in this policy.

     Effective Date: August 24, 1999. A copy of the policy may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/policy/graclr.asp.


     Title: Commission Interpretation 99-01 - The Eight-Day Period for Inspection of Campaign Books (withdrawn by commission on April 24, 2001).

     Purpose: On July 25, 1999, RCW 42.17.080(4), the provision requiring candidates and political committees to make their books of account available for public inspection, will be sufficiently changed by chapter 401, Laws of 1999, so that the items on the C-1 and C-1pc forms relating to this requirement are no longer entirely accurate. (The information called for on the forms will not change, but the brief explanation of the law's requirement will be outdated.) Since the C-1 and the C-1pc are adopted by rule, it takes a rule amendment to modify them and, according to RCW 42.17.370(1), if a rule amendment is not in effect on or before June 30, it will not take effect until after that year's general election. No exception is made for rules needed to implement new or amended statutes.

     Effective Date: June 29, 1999. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/html/002.html.


     In accordance with RCW 34.05.230, listed below are interpretations, declaratory orders and policies adopted by the public disclosure commission in calendar year 2000.


     Title: Commission Interpretation 00-01 - Reporting of Field Trips and Other Excursions.

     Purpose: The public disclosure commission interprets RCW 42.17.170 and 42.17.241 as requiring all entities that lobby to file a listing for excursions or occasions showing the elected and appointed officials, and other individuals required to file the Personal Financial Affairs Statements (PDC Form F-1), attending. The listing is to show the names of attendees, date, pro rata cost, and a brief description.

     Effective Date: April 25, 2000. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/html/001.html.


     Title: Commission Interpretation 00-02 - Guidelines for Internet Contributions.

     Purpose: The commission's guidelines for candidates and political committees when accepting and reporting contributions made through web-based applications on the Internet.

     Effective Date: June 29, 2000. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/007.pdf.


     Title: Commission Interpretation 00-03 - Use of Robes and Court Rooms in Campaign Literature by District and Municipal Court Judges.

     Purpose: Answers the question of under what circumstances may elected district and municipal court judges wear their robes in campaign literature, given the prohibitions in RCW 42.17.130 on the use of public facilities in campaigns. Also, the interpretation answers the question of under what circumstances may district and municipal court judges use courtrooms in campaign literature, given the prohibitions in RCW 42.17.130. (See also the attorney general's office memorandum on this subject.)

     Effective Date: July 25, 2000. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/006.pdf.


     Title: Commission Interpretation 00-04 - Use of "Soft Money" for Issue Advocacy.

     Purpose: Answers the question on the effect of the state supreme court's decision Washington State Republican Party v. Washington State Public Disclosure Commission et al., 141 Wn.2d 245, 4 P.3d 808 (July 27, 2000) on the use of exempt funds under RCW 42.17.640 ("soft money") by political parties for advertisements and publications that educate the voters on a candidate's stand on the issues.

     Effective Date: September 29, 2000. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/005.pdf.


     Title: Commission Interpretation 00-05 - Guidelines for Local Government Agencies, Including School Districts, in Election Campaigns (Superseded by 04-02).

     Purpose: Provides the commission's guidance concerning RCW 42.17.130, WAC 390-05-271 and 390-05-273.

     Effective Date: September 26, 2000. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/AgencyGuidelinesIII.pdf.


     In accordance with RCW 34.05.230, listed below are interpretations, declaratory orders and policies adopted by the public disclosure commission for calendar year 2001.


     Title: Commission Interpretation 01-01 - Participation in Fund Raising Events by State Officials During Legislative Freeze Period (Supersedes 96-01) (Superseded by 01-04).

     Purpose: At its meeting on February 20, 1996, by adopting Interpretation 96-01 the commission clarified the application of the prohibition to participate in certain fund-raising activities. However, since adoption of that interpretation, the Washington state supreme court issued its decision in Senate Republican Campaign Committee v. PDC (133 Wn.2d 229, 943 P.2d 1358 (1997)) and the commission amended its rule, WAC 390-17-400, implementing RCW 42.17.710 in 1998. The commission revisited this session freeze fund-raising issue at its April 2001 meeting and amended its earlier interpretation accordingly.

     Effective Date: April 24, 2001. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/003.pdf.


     Title: Commission Interpretation 01-02 - Contributions to State Office Candidates Who Lose the Primary Election (Superseded by WAC 390-17-302).

     Purpose: On July 22, 2001, HB 1770 is effective. Chapter 208, Laws of 2001. This act amends RCW 42.17.640 to allow contributions to be made to a statewide executive or legislative candidate or a candidate's authorized committee with respect to a primary election until thirty days after the primary.

     Effective Date: July 24, 2001. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/002.pdf.


     Title: Commission Interpretation 01-03 - Guidelines for School Districts in Election Campaigns.

     Purpose: This document is an educational tool that is an expression of the commission's view of the meaning of RCW 42.17.130 and relevant administrative rules and case law involving school districts and election campaign activity. It is intended to provide guidance regarding the commission's approach and interpretation of how the statutory prohibition on the use of public school facilities for campaigns impacts activities that may be contemplated by district personnel and other persons who may seek to utilize those public facilities. These guidelines are meant to aid and assist in compliance with the law. Readers are strongly encouraged to review the statute and rules referenced in these guidelines.

     Effective Date: January 13, 2004/April 26, 2005. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/01-03A.pdf.


     Title: Commission Interpretation 01-04 - Participation in Fund Raising Events by State Officials During Legislative Freeze Period.

     Purpose: At its meeting on February 20, 1996, by adopting Interpretation 96-01 the commission clarified the application of this prohibition to certain fund-raising activities. However, since adoption of that interpretation, the Washington state supreme court issued its decision in Senate Republican Campaign Committee v. PDC (133 Wn.2d 229, 943 P.2d 1358 (1997)) and the commission amended its rule, WAC 390-17-400, implementing RCW 42.17.710 in 1998. The commission revisited this session freeze fund-raising issue at its April 2001 meeting and amended its earlier interpretation accordingly.

     Effective Date: December 4, 2001. A copy of the declaratory order may be downloaded at the Public Disclosure Commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/01-04.pdf.


     In accordance with RCW 34.05.230, listed below are commission interpretations adopted by the public disclosure commission for calendar year 2002.


     Title: Commission Interpretation 02-01 - 2002 Contribution Limits From Bona Fide Political Party Committees and Caucus Political Committees to Legislative Candidates.

     Purpose: For purposes of calculating the contribution limits from party and caucus committees to legislative candidates for 2002 campaigns, the public disclosure commission has interpreted RCW 42.17.640(5) to mean that the number of registered voters in a legislative district is the current number of registered voters, as determined by county election officials on or before June 30, 2002, in that jurisdiction as it is now constituted following approval of the state's redistricting plan.

     Effective Date: February 26, 2002. A copy of the declaratory order may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/02-01.pdf.


     Title: Commission Interpretation 02-02 - Filing a Report of Independent Expenditures That Support or Oppose More Than One Candidate or Ballot Measure.

     Purpose: A Report of Independent Expenditures (PDC form C-6) that supports or opposes more than one candidate or ballot measure must be filed when the pro rata cost attributed to at least one candidate or ballot proposition identified in the expenditure(s) is $100 or more.

     Effective Date: October 2, 2002. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/02-02.pdf.


     Title: Commission Interpretation 02-03 - Requests for Modification of the Requirements to Report Information on the Personal Financial Affairs Statement (F-1) for Lawyers and Law Firms.

     Purpose: The public disclosure commission enforces the election and campaign reporting requirements in chapter 42.17 RCW. The statutes require certain candidates and public officials to report their financial affairs on a "Personal Financial Affairs Statement" (an "F-1" form). RCW 42.17.240, RCW 42.17.241. The commission is authorized to allow modifications or suspensions of these reporting requirements under RCW 42.17.370(10) when it finds that "literal application" of the chapter "works a manifestly unreasonable hardship" and that the suspension or modification of the reporting requirements "will not frustrate the purposes of the chapter." The commission shall suspend or modify the reporting requirement or requirements only to the extent necessary to substantially relieve such hardship, and only upon clear and convincing proof of such claim. This interpretation addresses reporting modifications concerning attorneys and law firms.

     Effective Date: January 28, 2003. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/02-03.pdf.


     Title: Commission Interpretation 02-04 - Requests for Modification of the Requirements to Report Information on the Personal Financial Affairs Statement (F-1) for Judges and Judicial Candidates.

     Purpose: The public disclosure commission enforces the election and campaign reporting requirements in chapter 42.17 RCW. The statutes require certain candidates and public officials to report their financial affairs on a "Personal Financial Affairs Statement" (an "F-1" form). RCW 42.17.240, 42.17.241. The commission is authorized to allow modifications or suspensions of these reporting requirements under RCW 42.17.370(10) when it finds that "literal application" of the chapter "works a manifestly unreasonable hardship" and that the suspension or modification of the reporting requirements "will not frustrate the purposes of the chapter." The commission shall suspend or modify the reporting requirement or requirements only to the extent necessary to substantially relieve such hardship, and only upon clear and convincing proof of such claim. This interpretation addresses reporting modifications concerning judges or judicial candidates.

     Effective Date: January 28, 2003. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/02-04.pdf.


     Title: Commission Interpretation 02-05 - Requests for Modification of the Requirements to Report Information on the Personal Financial Affairs Statement (F-1) for Motor Vehicle Dealers.

     Purpose: The public disclosure commission enforces the election and campaign reporting requirements in chapter 42.17 RCW. The statutes require certain candidates and public officials to report their financial affairs on a "Personal Financial Affairs Statement" (an "F-1" form). RCW 42.17.240, 42.17.241. The commission is authorized to allow modifications or suspensions of these reporting requirements under RCW 42.17.370(10) when it finds that "literal application" of the chapter "works a manifestly unreasonable hardship" and that the suspension or modification of the reporting requirements "will not frustrate the purposes of the chapter." The commission shall suspend or modify the reporting requirement or requirements only to the extent necessary to substantially relieve such hardship, and only upon clear and convincing proof of such claim. This interpretation addresses reporting modifications concerning motor vehicle dealerships.

     Effective Date: January 28, 2003. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/02-05.pdf.


     Title: Commission Interpretation 02-06 - Requests for Modification of the Requirements to Report Information on the Personal Financial Affairs Statement (F-1) for Applicants Whose Spouses Create a Reporting Obligation for the Applicant.

     Purpose: The public disclosure commission enforces the election and campaign reporting requirements in chapter 42.17 RCW. The statutes require certain candidates and public officials to report their financial affairs on a "Personal Financial Affairs Statement" (an "F-1" form). RCW 42.17.240, 42.17.241. The commission is authorized to allow modifications or suspensions of these reporting requirements under RCW 42.17.370(10) when it finds that "literal application" of the chapter "works a manifestly unreasonable hardship" and that the suspension or modification of the reporting requirements "will not frustrate the purposes of the chapter." The commission shall suspend or modify the reporting requirement or requirements only to the extent necessary to substantially relieve such hardship, and only upon clear and convincing proof of such claim. This interpretation addresses reporting modifications concerning an official or candidate's spouse.

     Effective Date: January 28, 2003/May 27, 2003. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/02-06.pdf.


     In accordance with RCW 34.05.230, listed below are interpretations, declaratory orders and policies adopted by the public disclosure commission for calendar year 2004.


     Title: Commission Interpretation 04-01 - Contribution Limits: Impact When a State Office Candidate Does Not Have a Primary Election.

     Purpose: The intent of 04-01 is to document the commission's interpretation of RCW 42.17.640(1) in the event that there is no primary election for a candidate for state office, and provide guidance regarding actions an affected candidate is required to take concerning contributions received in anticipation of both a primary and general election.

     Effective Date: February 24, 2004. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/04-01.pdf.


     Title: Commission Interpretation 04-02 - Guidelines for Local Government Agencies in Election Campaigns.

     Purpose: This document is an educational tool that is an expression of the commission's view of the meaning of RCW 42.17.130 and relevant administrative rules and case law involving local government and election campaign activity. It is intended to provide guidance regarding the commission's approach and interpretation of how the statutory prohibition on the use of public facilities for campaigns impacts activities that may be contemplated by government employees and other persons who may seek to utilize those public facilities. Readers are strongly encouraged to review the statute and rules referenced in these guidelines.

     Effective Date: September 28, 2004/April 26, 2005. A copy of the commission interpretation may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/04-02.pdf.


     Title: Commission Interpretation 04-03 - Service members Civil Relief Act and PDC Filings.

     Purpose: The Service members Civil Relief Act (SCRA) is a longstanding federal law (first passed as the Soldiers and Sailors Civil Relief Act during World War I) which protects members of the armed forces from various legal obligations while engaged in active duty. The SCRA does not explicitly address a service member's obligation to file with the Washington state public disclosure commission, and this interpretation provides guidance concerning this topic.

     Effective Date: September 28, 2004. A copy of the declaratory order may be downloaded at the public disclosure commission's web site at http://www.pdc.wa.gov/guide/interpretations/pdf/04-03.pdf.


     For copies of commission interpretations, you may also contact Suemary Trobaugh, Public Disclosure Commission, P.O. Box 40908, 98504-7600, phone (360) 753-1985, fax (360) 753-1112, e-mail strobaugh@pdc.wa.gov. If you have special accommodation needs or require this document in an alternate format, please contact public disclosure commission reception at (360) 753-1111 (voice).

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