WSR 03-08-051

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed March 28, 2003, 2:27 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-04-095.

Title of Rule: Title 390 WAC, rules relating to redemption of primary election pledges (WAC 390-16-245) and sponsor identification of broadcast political advertising (WAC 390-18-010).

Purpose: To clarify sponsor identification requirement for broadcast political advertising and to update administrative rules consistent with statutory provisions of RCW 42.17.640.

Other Identifying Information: WAC 390-16-245 Pledges and 390-18-010 Political advertising -- Identification of sponsor.

Statutory Authority for Adoption: RCW 42.17.370.

Statute Being Implemented: RCW 42.17.640(1).

Summary: The proposed rule amendment to WAC 390-16-245 would allow pledges to be made and redeemed after the date of the primary election conforming to the statutory changes in RCW 42.17.640(1). The proposed rule amendment to WAC 390-18-010 would remove the requirement that broadcast political advertising conform to the requirements of the Federal Communications Commission (FCC) and clarify the sponsor identification requirements for political advertisement undertaken as an independent expenditure.

Reasons Supporting Proposal: The proposed amendments will clarify the statutory requirements under RCW 42.17.640 and provide guidance to those entities required to disclose sponsor identification of broadcast political advertising.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, Public Disclosure Commission, 711 Capitol Way, Room 206, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, Public Disclosure Commission, 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 rule would allow pledges to be made and redeemed after the date of the primary election in accordance with RCW 42.17.640(1) and WAC 390-17-302. Amendments to WAC 390-16-245 would conform to the statutory changes allowing state office candidates who lost in the primary election to accept primary related pledges up to thirty days after the election to pay debts outstanding as of the date of the primary and treat the redemption of pledges in the same manner as standard monetary contributions received by a candidate or political committee.

Amendments to WAC 390-18-010 would remove the requirement that broadcast political advertising conform to the requirements of the FCC and clarify the sponsor identification requirements for political advertisement undertaken as an independent expenditure. The current requirement under RCW 42.17.510 (3)(d) that the sponsor identification be "clearly spoken on any broadcast advertisement" is repeated in the rule for emphasis. Reference to independent expenditure advertising is also included to remind sponsors of their statutory requirements when they engage in this type of advertising.

Proposal Changes the Following Existing Rules: The proposed rule changes clarify and provide guidance to individuals, candidates and political committees on the statutory requirements of chapter 42.17 RCW.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this rule has minimal impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. The Public Disclosure Commission (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 May 27, 2003, at 9 a.m.

Assistance for Persons with Disabilities: Contact Ruthann Bryant 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 May 23, 2003.

Date of Intended Adoption: May 27, 2003.

March 28, 2003

Vicki Rippie

Executive Director

OTS-6282.1


AMENDATORY SECTION(Amending WSR 94-07-141, filed 3/23/94, effective 4/23/94)

WAC 390-16-245   Pledges.   (1) A pledge shall not be made or redeemed within twenty-one days of an election specified in RCW 42.17.105(8) if the amount of the pledge or redemption exceeds the ((limits)) maximum amount provided in RCW 42.17.105(8). However, if payment of a pledge is in the possession of the recipient twenty-two or more days before the election, that payment may be deposited into the campaign account within five business days of receipt in accordance with RCW 42.17.060.

(2) If a pledge is made in an election campaign subject to the contribution limits provided in RCW 42.17.640:

(a) Except as provided in WAC 390-17-302, a pledge made with respect to the primary election shall not be made or redeemed after the date of the primary; however, if the payment of a pledge is made on or before the date of the primary, that payment may be deposited into the campaign account within five business days of receipt in accordance with RCW 42.17.060; and

(b) A pledge made with respect to the general election shall not be made or redeemed after the final day of the applicable election cycle; however, if the payment of a pledge is made on or before the final day of the election cycle, that payment may be deposited into the campaign account within five business days of receipt in accordance with RCW 42.17.060.

(3) During the time limit specified in RCW 42.17.710, a state official or a person employed by or acting on behalf of a state official shall not solicit or accept a pledge or the redemption of a pledge for any purpose specified in RCW 42.17.710.

[Statutory Authority: RCW 42.17.390. 94-07-141, 390-16-245, filed 3/23/94, effective 4/23/94.]

OTS-6283.1


AMENDATORY SECTION(Amending WSR 00-22-055, filed 10/27/00, effective 11/27/00)

WAC 390-18-010   Political advertising -- Identification of sponsor.   (1) For the purposes of RCW 42.17.510 and this rule, "sponsor" means the candidate, political committee or other person paying for the advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.

(2) With advertising for which no payment is demanded or for which a cost is not readily ascertainable, the sponsor is the candidate, political committee or person who solicits or arranges for the advertising to be displayed or broadcast.

(3) If more than one person sponsors specific advertising, the identity of each sponsor must be shown. However, if a person contributes in cash or in-kind to a candidate or political committee to assist in paying the cost of advertising, it is unnecessary to include that contributor's name as a sponsor provided the contribution is reported in accordance with applicable provisions of chapter 42.17 RCW.

(4) Printed advertising shall clearly state, in an area set apart from any other printed matter, that it has been paid for by the sponsor (Example: (1) Paid for by the XYZ committee, mailing address, city, state, zip code; (2) Vote for John Doe, paid for by John Doe, mailing address, city, state, zip code). ((Broadcast advertising shall conform to the requirements of the Federal Communications Commission.)) However, printed advertising undertaken as an independent expenditure as defined in RCW 42.17.020 shall comply with the "Notice to Voters" and, if relevant, the "Top Five Contributors" provisions of RCW 42.17.510 and provide this information in an area set apart from any other printed matter. Political committees, other than a bona fide political party, that sponsor independent expenditure printed advertising are required to provide the "Top Five Contributors" to that political committee pursuant to WAC 390-18-025.

(5)(a) Political advertising consisting of more than one page but intended to be presented as a single item (i.e. 3-page letter with return envelope) must identify the sponsor on the first page or fold of the advertising. Identification on an enclosed return envelope or the envelope in which the advertising is sent is not sufficient.

(b) Political advertising which is a collection of several items relating to more than one candidate or committee and distributed simultaneously must show the respective sponsor on the respective items.

(6) The name of the sponsor of all radio or televison political advertising shall be clearly spoken. However, all radio and television political advertising undertaken as an independent expenditure as defined in RCW 42.17.020 shall comply with the "Notice to Voters" and, if relevant, the "Top Five Contributors" provisions of RCW 42.17.510 and this information shall be clearly spoken. Political committees, other than a bona fide political party, that sponsor independent expenditure radio and television political advertising are required to clearly speak the "Top Five Contributors" to that political committee pursuant to WAC 390-18-025.

[Statutory Authority: RCW 42.17.370(1). 00-22-055, 390-18-010, filed 10/27/00, effective 11/27/00. Statutory Authority: RCW 42.17.370. 93-16-064, 390-18-010, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), 390-18-010, filed 7/9/85.]

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