WSR 07-21-088

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed October 17, 2007, 3:35 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-17-150.

Title of Rule and Other Identifying Information: Amend WAC 390-05-210 Definition -- Contribution, 390-05-245 Officer of a candidate's committee or political committee -- Definition, 390-16-011 Forms -- Registration statement for political committees, 390-16-012 Forms -- Registration statement for candidates, and propose new WAC 390-05-243 Ministerial functions by persons holding administrative offices.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on December 6, 2007, at 9:30 a.m.

Date of Intended Adoption: December 6, 2007.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, e-mail dellis@pdc.wa.gov, fax (360) 753-1112, by December 3, 2007.

Assistance for Persons with Disabilities: Contact Kami Madsen by phone (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To implement ESB 6128 (chapter 358, Laws of 2007), including clarifying "ministerial functions," amending registrations forms for candidates and political committees, and amending the definition of contribution.

Reasons Supporting Proposal: To provide guidance and clarification to candidates and political committees affected by 2007 statutory changes.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: Chapter 358, Laws of 2007.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The rule amendments and the new rule are designed to clarify the reporting requirements under ESB 6128 (chapter 358, Laws of 2007).

Name of Proponent: Public disclosure commission (PDC), governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

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

A cost-benefit analysis is not required under RCW 34.05.328. The 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 the adoption of these rules pursuant to subsection (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 application [applicable] to the adoption of these rules.

October 15, 2007

Vicki Rippie

Executive Director

OTS-1144.1


AMENDATORY SECTION(Amending WSR 06-11-132, filed 5/23/06, effective 6/23/06)

WAC 390-05-210   Definition -- Contribution.   (1) The term "contribution" as defined in RCW 42.17.020 shall be deemed to include, among other things, furnishing services or property or rights on a discriminatory basis or at less than their fair market value as defined in WAC 390-05-235, for the purpose of assisting any candidate or political committee. When such in-kind contribution of goods or services is provided, it shall be reported at its fair market value per WAC 390-05-235 and, pursuant to RCW 42.17.640, the fair market value is the amount of the contribution to be allocated to the contributor in determining compliance with the contributor's contribution limit.

(2) Duplicating political advertising. The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or the authorized agent of a candidate or political committee is a contribution to the candidate or political committee.

(3) Consulting with a state, local or judicial candidate. An expenditure made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a candidate, the candidate's authorized committee or agent is a contribution to such candidate. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a candidate, the candidate's authorized committee or agent when:

(a) Any arrangement, coordination or direction by the candidate, the candidate's authorized committee or agent is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or electioneering communications or prior to an expenditure being made by that person supporting that candidate or opposing one or more of that candidate's opponents; or

(b) An expenditure is made based on information about the candidate's plans, projects or needs provided to the expending person by the candidate, the candidate's authorized committee or agent with a view toward having an expenditure made; or

(c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the candidate's authorized committee; or

(d) The expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the candidate, the candidate's authorized committee or agent. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a candidate, the candidate's authorized committee or agent, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW 42.17.020 and WAC 390-05-243.

(4) Consulting with a caucus political committee. An expenditure, that does not qualify as a contribution to a candidate under subsection (3) of this section, made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a caucus political committee or its agent is a contribution to such caucus political committee. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a caucus political committee or its agent when:

(a) Any arrangement, coordination or direction by the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or electioneering communications or prior to an expenditure being made by that person supporting that caucus political committee or one or more of the candidates supported by it or opposing one or more of those candidates' opponents; or

(b) An expenditure is made based on information about the caucus political committee's plans, projects or needs provided to the expending person by the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus with a view toward having an expenditure made; or

(c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the caucus political committee or another political committee financed, controlled or operated by the caucus; or

(d) The expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a caucus political committee or its agent, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW 42.17.020 and WAC 390-05-243.

(5) Consulting with a bona fide political party. An expenditure, that does not qualify as ((an)) a contribution to a candidate under subsection (3) of this section, made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a bona fide political party or its agent is a contribution to such bona fide political party. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a bona fide political party when:

(a) Any arrangement, coordination or direction by the bona fide political party, its agent or a political committee financed, controlled or operated by the party is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or electioneering communications or prior to an expenditure being made by that person supporting that bona fide political party or one or more of the candidates supported by it or opposing one or more of those candidates' opponents; or

(b) An expenditure is made based on information about the bona fide political party's plans, projects or needs provided to the expending person by the bona fide political party or its agent with a view toward having an expenditure made; or

(c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the bona fide political party or a political committee financed, controlled or operated by the bona fide political party; or

(d) The expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the bona fide political party, its agent or a political committee financed, controlled or operated by the bona fide political party. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of the bona fide political party, a political committee financed, controlled, or operated by a bona fide political party or their agents, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW 42.17.020 and WAC 390-05-243.

(6) Consulting with other political committees. An expenditure made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a political committee is a contribution to such political committee. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a political committee when:

(a) Any arrangement, coordination or direction by the political committee, its agent or another political committee financed, controlled or operated by the committee is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or prior to an expenditure being made by that person benefiting that political committee; or

(b) An expenditure is made based on information about the political committee's plans, projects or needs provided to the expending person by the political committee or its agent with a view toward having an expenditure made; or

(c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the political committee or another political committee financed, controlled or operated by the committee; or

(d) An expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the political committee, its agent or another political committee financed, controlled or operated by the committee. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a political committee or its agent, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW 42.17.020 and WAC 390-05-243.

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, 390-05-210, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 96-09-015, 390-05-210, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, 390-05-210, filed 7/30/93, effective 8/30/93; 91-14-041, 390-05-210, filed 6/27/91, effective 7/28/91. Statutory Authority: RCW 42.17.370(1). 88-14-064 (Order 88-02), 390-05-210, filed 7/1/88; 85-15-020 (Order 85-03), 390-05-210, filed 7/9/85; Order 62, 390-05-210, filed 8/26/75.]

OTS-1145.1


NEW SECTION
WAC 390-05-243   Ministerial functions by persons holding administrative offices.   For the purposes of RCW 42.17.020 and 42.17.040:

(1) "Ministerial functions" mean the activities and duties of an administrative office that satisfy RCW 42.17.020 (15) and (34) and require:

(a) Data entry for a candidate or political committee;

(b) Filing reports that have been reviewed and approved for filing by the candidate or political committee officer;

(c) Maintaining campaign finance and other similar records including making them available for inspection upon direction by the candidate or political committee officer;

(d) Writing and depositing checks at the direction of the candidate or political committee officer;

(e) Communications related to ministerial functions (to respond to questions about data entry, to discuss or review a candidate or committee's bank account balance, to schedule times to receive contribution checks at events, to review reports with the candidate or committee prior to filing, and similar communications) but do not involve attending strategy or campaign planning meetings or portions of meetings with candidates or political committee officers or their agents; and

(f) Other similar campaign finance activities and duties.

(2) "Administrative office" means a person performing campaign finance related clerical support or recordkeeping activities on behalf of candidates and political committees, when, for the purposes of RCW 42.17.020 (15) and (34), those activities:

(a) Are directed by the candidate or political committee officer and require performance of activities by the administrative office in a prescribed manner;

(b) Are approved by the candidate or political committee officer for whom the services are performed;

(c) Do not involve the exercise of personal judgment or discretion, including authorizing expenditures;

(d) Do not involve the disclosure, except as required by law, of any information regarding a candidate or committee's plans, projects, activities or needs, or regarding a candidate's or committee's contributions or expenditures that is not already publicly available, or otherwise engage in activity that is a contribution; and

(e) Do not involve the performance of functions other than ministerial functions.

(3) A person performing only ministerial functions on behalf of two or more candidates or political committees is not:

(a) Considered an agent so long as he or she has no authority to authorize expenditures or make decisions on behalf of the candidate or committee; or

(b) An officer pursuant to WAC 390-05-245. However, that person's name, address and title must be reported on the C-1 or C-1pc registration form.

[]

OTS-1146.1


AMENDATORY SECTION(Amending WSR 96-09-015, filed 4/8/96, effective 5/9/96)

WAC 390-05-245   Officer of a candidate's committee or political committee -- Definition.   For purposes of chapter 42.17 RCW and TITLE 390 WAC, "officer of a candidate's authorized committee," or "officer of a candidate's committee" or "officer of a political committee" includes the following persons: ((The treasurer,)) Any person designated by the committee as an officer on the C-1 or C-1pc registration statement and any person who alone or in conjunction with other persons makes, directs, or authorizes contribution, expenditure, strategic or policy decisions on behalf of the committee.

[Statutory Authority: RCW 42.17.370(1). 96-09-015, 390-05-245, filed 4/8/96, effective 5/9/96.]

OTS-1147.1


AMENDATORY SECTION(Amending WSR 06-08-039, filed 3/29/06, effective 4/29/06)

WAC 390-16-011   Forms -- Registration statement for political committees.   The official form for providing the statement of organization by political committees for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1pc," revised ((3/06)) 1/08. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 06-08-039, 390-16-011, filed 3/29/06, effective 4/29/06; 05-06-070, 390-16-011, filed 3/1/05, effective 4/1/05; 01-10-049, 390-16-011, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 00-22-050, 390-16-011, filed 10/27/00, effective 11/27/00; 99-22-083, 390-16-011, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-011, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-15-004, 390-16-011, filed 7/7/93, effective 8/7/93; 92-18-002, 390-16-011, filed 8/20/92, effective 9/20/92; 91-22-033, 390-16-011, filed 10/30/91, effective 11/30/91; 89-20-068, 390-16-011, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-011, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-011, filed 5/10/82; 82-02-007 (Order 81-04), 390-16-011, filed 12/28/81; Order 91, 390-16-011, filed 7/22/77; Order 62, 390-16-011, filed 8/26/75; Order 60, 390-16-011, filed 7/16/75.]

OTS-1148.1


AMENDATORY SECTION(Amending WSR 06-08-039, filed 3/29/06, effective 4/29/06)

WAC 390-16-012   Forms -- Registration statement for candidates.   The official form for providing the statement of organization by candidates and candidate's committees, for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1," revised ((3/06)) 1/08. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington, 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 06-08-039, 390-16-012, filed 3/29/06, effective 4/29/06; 05-06-070, 390-16-012, filed 3/1/05, effective 4/1/05; 01-10-054, 390-16-012, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 00-22-051, 390-16-012, filed 10/27/00, effective 11/27/00; 99-22-084, 390-16-012, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-012, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-15-004, 390-16-012, filed 7/7/93, effective 8/7/93; 92-18-002, 390-16-012, filed 8/20/92, effective 9/20/92; 89-20-068, 390-16-012, filed 10/4/89, effective 11/4/89.]

Washington State Code Reviser's Office