Effective Date of Rule: June 30, 2012.
Purpose: Implement HB 2499, effective June 7, 2012, by incorporating into existing clarifying rules the newly enacted disclosure requirement for political advertising supporting or opposing ballot measures sponsored by a political committee at a cost of $1,000 or more.
Citation of Existing Rules Affected by this Order: Amending WAC 390-18-025.
Statutory Authority for Adoption: RCW 42.17A.110.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Given the rule-making instruction and timing instruction in RCW 42.17A.110 and in order to preserve the general welfare for the 2012 election season, WAC 390-18-025 needs to be amended to clarify that ell [all] political committees are subject to the new disclosure requirements enacted by HB 2499.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 24, 2012.
AMENDATORY SECTION(Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-18-025 Advertising -- Identification of "top five contributors." (1) For purposes of RCW 42.17A.320 (2), (4) ((
and)), (5) and (6), "top five contributors" means the five
persons, as defined in RCW 42.17A.005, giving the largest
aggregate contributions exceeding seven hundred dollars during
the twelve-month period preceding the date on which the
advertisement is published or otherwise presented to the
public. If more than five contributors give an amount equal
to the largest aggregate contribution exceeding seven hundred
dollars and the funds are received during the relevant
twelve-month period, the political committee sponsoring the
advertisement shall select five of these contributors to
identify as the top five contributors.
(2) For independent expenditure advertisements or electioneering communications, the "top five contributors" identification requirement of RCW 42.17A.320 applies to all political committees that make independent expenditures, including continuing political committees and out-of-state political committees subject to chapter 42.17A RCW other than a bona fide political party committee.
(3) For political advertisements supporting or opposing ballot measures costing one thousand dollars, the "top five contributors" identification requirement of RCW 42.17A.320 applies to all political committees.
(4) If a political committee keeps records necessary to track contributions according to the use intended by contributors, and the committee subsequently makes independent expenditures for advertisements supporting or opposing a candidate or slate of candidates or an electioneering communication identifying a specific candidate or slate of candidates, that committee may identify the top five contributors giving for that purpose, as opposed to identifying the overall top five contributors to the committee as is otherwise required by RCW 42.17A.320 and this section.
However, a contributor's contributions earmarked for independent expenditures supporting or opposing a specific candidate or slate of candidates or electioneering communications identifying a specific candidate or slate of candidates shall not be used with respect to a different candidate or slate of candidates without the contributor being identified as one of the top five contributors for the actual expenditure if that contributor is one of the top five contributors for that expenditure.
[Statutory Authority: RCW 42.17A.110. 12-03-002, § 390-18-025, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370. 07-08-044, § 390-18-025, filed 3/28/07, effective 4/28/07. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-18-025, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 02-12-007, § 390-18-025, filed 5/23/02, effective 6/23/02.]