Preproposal statement of inquiry was filed as WSR 98-06-055.

Title of Rule: WAC 390-17-405 Volunteer services.

Purpose: Clarify what types of services are "of the sort commonly performed by volunteer campaign workers" and clarify under what conditions an accountant or attorney may donate services without a contribution ensuing.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.020 (14)(b)(vi) and (viii).

Summary: The rule specifies what services an uncompensated individual may perform for a candidate or political committee without making a contribution to the candidate or committee. The rule also clarifies under what circumstances an accountant or attorney may donate his or her services to a candidate, political party or caucus political committee without making a contribution to the recipient.

Reasons Supporting Proposal: The rule provides guidance to candidates and political committees in order that they may comply with the law's requirement to report all contributions fully and accurately.

Name of Agency Personnel Responsible for Drafting and Implementation: Vicki Rippie, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 586-4838; and Enforcement: Susan Harris, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 753-1981.

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 law allows individuals who are not being compensated by anyone to volunteer their services to a candidate or political committee so long as the services donated are "of the sort commonly performed by volunteer campaign workers." The law also allows candidates, political parties and caucus committees to receive, under certain conditions, the services of an attorney or accountant without realizing a contribution. The rule implements these statutory provisions and provides needed guidance to campaigns.

Proposal Changes the Following Existing Rules: Removes reference to a section of law that was repealed in 1995 and implements statutory language in RCW 42.17.020 (14)(b)(vi) and (viii).

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no economic impact on small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not an agency listed in subsection (5)(a)(i) of section 201. Further, the Public Disclosure Commission 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: Second Floor Conference Room, Evergreen Plaza Building, 711 Capitol Way, Olympia, WA, on May 26, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Leigh Hirschi-Mehan, by May 25, 1998.

Submit Written Comments to: Vicki Rippie, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, FAX (360) 753-1112 by May 15, 1998.

Date of Intended Adoption: May 26, 1998.

April 7, 1998

Melissa Warheit

Executive Director

WAC 390-17-405  Volunteer services. (1) In accordance with RCW ((42.17.630 (5)(b)(viii))) 42.17.020 (14)(b)(vi), an individual may perform services or labor for a ((campaign,)) candidate or political committee without incurring a contribution ((subject to the limits under RCW 42.17.640 or RCW 42.17.105(8))), so long as the individual is not compensated by any person for the services or labor rendered((, the services or labor are performed outside the hours for which the employer has scheduled the employee to work)) and the services are of the ((sort)) kind commonly performed by ((the)) volunteer campaign workers((, including:)). These commonly performed services include:

(a) office staffing;

(b) doorbelling or leaflet drops;

(c) mail handling (folding, stuffing, sorting and postal preparation);

(d) political or fund raising event staffing;

(e) telephone bank activity (conducting voter identification, surveys or polling, and get-out-the-vote campaigns);

(f) construction and placement of yard signs, hand-held signs or in-door signs;

(g) chauffeuring for candidate or candidate or committee staff;

(h) scheduling of campaign appointments and events;

(i) transporting voters to polling places on election day;

(j) except as provided in subsection (2), ((the services of any individual, except an attorney or accountant, provided that the services donated are solely for the purpose of ensuring)) preparing campaign disclosure reports required by RCW 42.17 and otherwise helping to ensure compliance with state election or public disclosure laws;

(k) campaign consulting and management services, polling and survey design, public relations and advertising, or fundraising performed by any individual, so long as the individual ((is not a professional in that field who)) does not ordinarily charge((s)) a fee or receive((s)) compensation for providing ((those)) the service((s,)); and

(l) all similar activities as determined by the commission.

(2) An attorney or accountant may donate his or her professional services to a candidate, a candidate's authorized committee, a political party or a caucus political committee, without making a contribution in accordance with RCW ((42.17.630 (5)(b)(ix))) 42.17.020 (14)(b)(viii), if the attorney or accountant is:

(a) employed and his or her employer is paying for the services rendered;

(b) self-employed; or

(c) performing services for which no compensation is paid by any person.

However, neither RCW 42.17.020 (14)(b)(viii) nor this section authorizes the services of an attorney or an accountant to be provided to a political committee without a contribution ensuing, unless the political committee is a candidate's authorized committee, political party or caucus political committee and the conditions of RCW 42.17.020 (14)(b)(viii) and (a), (b) or (c) of this subsection are satisfied, or unless the political committee pays the fair market value of the services rendered.

[Statutory Authority: RCW 42.17.390. 94-11-017, § 390-17-405, filed 5/5/94, effective 6/5/94.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.