WSR 04-02-029

AGENDA

PUBLIC DISCLOSURE COMMISSION


[ Filed December 31, 2003, 9:13 a.m. ]


Agenda for Rules Under Development, January - June 2004

Agency Contact: Doug Ellis, Director of Public Outreach, P.O. Box 40908, Olympia, WA 98504-0908, phone (360) 664-2735, toll free 1-877-601-2828, fax (360) 753-1112, e-mail dellis@pdc.wa.gov.

At present, the Public Disclosure Commission has nine rules under development:

1. Topic: Amending language to clarify the statutory restriction on personal use of a candidate's campaign fund.

Status: On December 19, 2003, the commission filed the preproposal statement with the code reviser giving notice that it is considering changes to the personal use standard. The current restriction on personal use is based on expenditures of a candidate's campaign fund that are "not directly related to the candidate's election campaign." A public hearing and possible adoption of an amended rule may occur on March 23, 2004. If adopted, the new or amended rule will likely go into effect in May of 2004.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.125.

WAC Cite: WAC 390-16-238 Personal use of contributions--Standard.

2. Topic: Political advertising.

Status: On December 19, 2003, the commission filed the preproposal statement with the code reviser giving notice that it is considering possible new and amended rules to clarify sponsor identification requirements under RCW 42.17.510. Possible rules may include: (a) Incorporating provisions of the United States Supreme Court Decision in MacIntyre v. Ohio Elections Commission, (b) exemptions with respect to the "top five contributors" for independent expenditure broadcast advertisement and automated telephone calls, and (c) clarification of "written communications" to specifically identify e-mail and web pages. A public hearing on this issue may occur on March 23, 2004. If new or amended requirements are established by rule, they will likely go into effect in May of 2004.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.510.

WAC Cite: Chapter 390-18 WAC, Political advertising.

3. Topic: Clarifying the status of last minute in-kind contributions.

Status: On December 19, 2003, the commission filed the preproposal statement with the code reviser giving notice that it is considering an amendment to clarify in-kind contributions received prior to the contribution restrictions under RCW 42.17.105(8) and to clarify the value of survey research and polling when determining "fair market value." A public hearing on this issue may occur on March 23, 2004. If new or amended requirements are established by rule, they will likely go into effect in May of 2004.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.105 and 42.17.090.

WAC Cite: WAC 390-16-207 In-kind contributions--Explanation and reporting.

4. Topic: Proposing language to clarify the candidate and political committee reporting requirements of orders placed, debts, and obligations.

Status: On December 19, 2003, the commission filed the preproposal statement with the code reviser giving notice that it is considering an amendment to provide guidance to candidates and political committees on the reporting requirements of RCW 42.17.090 relating to orders placed, debts, and obligations. A public hearing on this issue may occur on March 23, 2004. If new or amended requirements are established by rule, they will likely go into effect in May of 2004.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.090.

WAC Cite: WAC 390-16-039 Total contributions and expenditures--Reporting and possible new rule.

5. Topic: Revising the regular meeting schedule.

Status: On December 19, 2003, the commission filed the preproposal statement with the code reviser giving notice that it is considering an amendment to the time and place of regular commission meetings. The commission has traditionally combined the November and December meetings into one meeting in early December. Possible rule amendment would formalize that practice. A public hearing on this issue may occur on March 23, 2004. If amendments are established by rule, they will likely go into effect in May of 2004.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.30.075.

WAC Cite: WAC 390-12-010 Public Disclosure Commission--Regular meetings.

6. Topic: Amending rule on sample ballots and slate cards.

Status: On December 19, 2003, the commission filed the preproposal statement with the code reviser giving notice that it is considering an amendment to update references to reporting requirements of an out-of-state or federal committee. Possible amendments to this rule would conform to the new statutory language adopted in 2003. If amendments are established by rule, they will likely go into effect in May of 2004.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.640(14).

WAC Cite: WAC 390-17-030 Sample ballots and slate cards.

A complete listing of rule-making activity from 1999 to present can be found on the Public Disclosure Commission website at www.pdc.wa.gov under rule-making activity.

December 30, 2003

Douglas J. Ellis

Director of Public Outreach

Legislature Code Reviser 

Register

Washington State Code Reviser's Office