WSR 07-21-104

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed October 19, 2007, 12:31 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-18-012.

Title of Rule and Other Identifying Information: Amend WAC 390-16-105 Mini campaign reporting -- Eligibility, 390-16-111 Mini campaign reporting -- Special fund raising events, and 390-16-125 Mini campaign reporting -- Exceeding limitations.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on December 6, 2007, at 10:30 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 revise monetary reporting thresholds for mini reporting and amend the criteria used when changing from the mini to full reporting option.

Reasons Supporting Proposal: To adjust threshold amounts consistent with action taken by the legislature and provide guidance and clarification to candidates and political committees applying for a change in reporting options.

Statutory Authority for Adoption: RCW 42.17.370 (1) and (8).

Statute Being Implemented: RCW 42.17.370(8).

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 are designed to reflect changing economic conditions and provide consistency with 2006 legislative action amending RCW 42.17.405 as well as clarifying the process when applying to change from mini to full reporting.

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 10, 2007

Vicki Rippie

Executive Director

OTS-1106.1


AMENDATORY SECTION(Amending WSR 05-11-001, filed 5/4/05, effective 6/4/05)

WAC 390-16-105   Mini campaign reporting -- Eligibility.   (1) A candidate or candidate's authorized committee, as those terms are defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.065 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditures exceed the amount of the candidate's filing fee provided by law plus a sum not to exceed ((three)) five thousand ((five hundred)) dollars and no contribution or contributions from any person other than the candidate within such aggregate exceed ((three)) five hundred dollars. However, a bona fide political party may pay the candidate's filing fee provided by law without that payment disqualifying that candidate from eligibility under this section.

(2) A political committee, as that term is defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.065 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditures exceed ((three)) five thousand ((five hundred)) dollars and no contribution or contributions from any person exceed ((three)) five hundred dollars.

(3) A continuing political committee, as that term is defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.065 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditures during a calendar year exceed ((three)) five thousand ((five hundred)) dollars and no contribution or contributions from any person exceed ((three)) five hundred dollars.

(4) Candidates and political committees are required to comply with all applicable provisions of chapter 42.17 RCW including, but not limited to, false political advertising, sponsor identification and public inspection of campaign books of account unless specifically exempted under subsections (1) through (3) of this section.

[Statutory Authority: RCW 42.17.370. 05-11-001, 390-16-105, filed 5/4/05, effective 6/4/05. Statutory Authority: RCW 42.17.370(1). 02-03-018, 390-16-105, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.370. 01-10-050, 390-16-105, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-105, filed 2/5/86; Order 91, 390-16-105, filed 7/22/77; Order 62, 390-16-105, filed 8/26/75.]

OTS-1107.1


AMENDATORY SECTION(Amending WSR 01-10-051, filed 4/26/01, effective 6/1/01)

WAC 390-16-111   Mini campaign reporting -- Special fund raising events.   The term "any person" as used in WAC 390-16-105 does not mean a fund-raising activity conducted pursuant to RCW 42.17.067. Candidates and committees using mini reporting as provided in chapter 390-16 WAC shall not be limited to receiving ((three)) five hundred dollars from a fund-raising event provided that the payments from any person do not exceed ((three)) five hundred dollars from all fund raising conducted during a campaign or calendar year as provided in WAC 390-16-105.

[Statutory Authority: RCW 42.17.370. 01-10-051, 390-16-111, filed 4/26/01, effective 6/1/01; 89-20-068, 390-16-111, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-111, filed 2/5/86; Order 77, 390-16-111, filed 6/2/76.]

OTS-1108.1


AMENDATORY SECTION(Amending WSR 05-11-001, filed 5/4/05, effective 6/4/05)

WAC 390-16-125   Mini campaign reporting -- Exceeding limitations.   (1) A candidate or political committee shall apply in writing to the commission for authorization to change reporting options before the limitations specified in WAC 390-16-105 are exceeded. A complete application shall include all of the following documents:

(a) An amended registration statement (Form C-1 for candidates, Form C-1pc for political committees) selecting the full reporting option as provided in RCW 42.17.065 - 42.17.090;

(b) PDC forms C-3 and C-4 with relevant schedules and attachments disclosing all contributions and expenditures to date reportable under RCW 42.17.090 for the election campaign, or in the case of continuing political committees, for the calendar year; and

(c)(i) If the applicant is a candidate, a statement affirming that all candidates registered with the commission for the office being sought have been notified personally in writing of the application, and the manner and date of such notification;

(ii) If the applicant is the treasurer of a political committee supporting or opposing a ballot proposition, a statement affirming that all treasurers of all political committees registered with the commission as supporting or opposing the proposition have been notified personally in writing of the application, and the manner and date of such notification; or

(iii) If the applicant is the treasurer of a county or legislative district party committee, a statement affirming that the treasurer of that party committee's counterpart in any other major political party has been notified personally in writing of the application, and the manner and date of such notification.

(2) An application that is submitted without the required documents described in subsection (1) of this section is incomplete and will not be processed or approved. If the applicant provides the missing documents, the application will be determined to be complete on the date the documents are postmarked or delivered to the commission.

(3) If a complete application is postmarked or delivered to the commission on or before thirty business days prior to the date of the election, the application shall be approved by the executive director.

(4) If a complete application is postmarked or delivered to the commission on or after twenty-nine business days prior to the election, the application shall be approved by the executive director only if one or more of the following factors are present:

(a) The applicant's campaign had its respective C1 or C1pc on file with the commission forty-one or more days before the election and the commission staff did not send to the applicant's campaign in a timely and proper manner, either electronically or by other mail delivery service, a notice that the thirtieth business day deadline for unrestricted changes in reporting options is approaching. To be timely and proper, this notice must be sent at least forty business days before the election to the campaign's electronic mail address or postal service mailing address specified on the registration statement;

(b) The applicant is a candidate and, within thirty business days of the election, a write-in opponent has filed for office in accordance with chapter 29A.24 RCW;

(c) Within thirty business days of the election, an independent expenditure as defined in RCW 42.17.020 is made in support of the applicant's opponent or in opposition to the applicant; or

(d) When a candidate or political committee on one side of an election campaign or proposition has been approved to change reporting options under this section, each opponent of that candidate or political committee is approved to change options as of the date that opponent postmarks or delivers a complete application to the commission.

(5) Exceeding the aggregate contributions or aggregate expenditures specified in WAC 390-16-105 without complying with the provisions of this section shall constitute one or more violations of chapter 42.17 RCW or 390-17 WAC.

[Statutory Authority: RCW 42.17.370. 05-11-001, 390-16-125, filed 5/4/05, effective 6/4/05. Statutory Authority: RCW 42.17.370 and 42.17.690. 01-22-051, 390-16-125, filed 10/31/01, effective 1/1/02. Statutory Authority: RCW 42.17.370. 92-18-002, 390-16-125, filed 8/20/92, effective 9/20/92; 92-05-079, 390-16-125, filed 2/18/92, effective 3/20/92; 90-16-083, 390-16-125, filed 7/31/90, effective 8/31/90; 89-20-068, 390-16-125, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-125, filed 2/5/86; Order 91, 390-16-125, filed 7/22/77; Order 67, 390-16-125, filed 1/16/76; Order 62, 390-16-125, filed 8/26/75.]

Washington State Code Reviser's Office