WSR 06-12-095

EMERGENCY RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed June 6, 2006, 4:47 p.m. , effective June 7, 2006 ]


Effective Date of Rule: June 7, 2006.

Purpose: To provide clarification and guidance to candidates and candidate campaign committees on the filing requirements under chapter 348, Laws of 2006. Amends WAC 390-16-050 Forms for contributions and expenditures of out-of-state political committees and new WAC 390-05-522 Place of business -- Definition.

Statutory Authority for Adoption: RCW 42.17.370 and chapter 348, Laws of 2006.

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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Under RCW 34.05.350 (1)(a), the commission for good cause finds that the immediate adoption of this rule is necessary for the general welfare and that observing the time requirements of full notice and opportunity to comment would be contrary to the public interest.

Reasons for this finding: The commission finds that campaigns are underway now and are currently seeking guidance on reporting requirements for the purposes of section 4(2), chapter 348, Laws of 2006.

The commission finds that there is a need to interpret this new law now to provide that guidance.

The commission is authorized to provide such interpretation and reporting forms through rule making pursuant to its authority in chapter 42.17 RCW, including RCW 42.17.370(1).

Under RCW 34.05.350 (1)(b), the commission for good cause finds that the immediate adoption of these rules is necessary in order to effectuate a new state law, section 4, chapter 348, Laws of 2006.

Reasons for this finding: The new law provides in part for additional reporting requirements for out-of-state political committees "The name, address, and employer of each person or corporation residing outside the state of Washington who has made one or more contributions in the aggregate of more than two thousand five hundred dollars to the out-of-state committee..." Section (4)(2), chapter 348, Laws of 2006. The effective date of the act is June 7, 2006, and to accurately report under the new law an amended C-5 form is necessary.

In addition, to clarify RCW 42.17.093 (1)(f) as to "place of business in the state of Washington..." it is necessary to define "Place of business."

While full notice and opportunity for comment was not possible prior to the commission's May 31, 2006, meeting, notice of the proposed emergency rules was placed on the commission's web site at www.pdc.wa.gov on May 24, 2006, and there was opportunity for public testimony and for written comments at the commission's May 31, 2006, meeting, prior to adoption of the emergency rule.

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 2, Amended 0, 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 2, 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 31, 2006.

Douglas J. Ellis

Assistant Director

OTS-8957.1


AMENDATORY SECTION(Amending WSR 04-01-131, filed 12/18/03, effective 1/18/04)

WAC 390-16-050   Forms for contributions and expenditures of out-of-state political committees.   The official form for the report required by RCW 42.17.093 of contributions and expenditures of an out-of-state political committee organized for the purpose of supporting or opposing candidates or ballot propositions in another state that is not otherwise required to report under RCW 42.17.040 through 42.17.090 is designated "C-5," revised ((1/04)) 6/06. Copies of this form are available at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504-0908. Any paper attachments shall be on 8 1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 04-01-131, 390-16-050, filed 12/18/03, effective 1/18/04; 02-12-007, 390-16-050, filed 5/23/02, effective 6/23/02; 02-03-018, 390-16-050, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-050, filed 2/3/94 effective 3/6/94. Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-050, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-050, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-050, filed 5/10/82; Order 77, 390-16-050, filed 6/2/76; Order 62, 390-16-050, filed 8/26/75; Order 6, 390-16-050, filed 3/23/73.]

OTS-8956.1


NEW SECTION
WAC 390-05-522   Place of business -- Definition.   (1) "A place of business in the state of Washington" as that term is used in RCW 42.17.093 (1)(f) means the business is headquartered in or has a primary place of business in Washington state.

For example, if a national corporation headquartered outside of Washington state has retail outlets in Washington and that national corporation contributes two hundred fifty dollars to an out-of-state political committee that is subject to reporting under RCW 42.17.093, the out-of-state committee is not required to disclose the national corporation as a contributor under RCW 42.17.093 (1)(f).

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Washington State Code Reviser's Office