PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Possible amendment to WAC 390-05-515 Member. This rule describes when a communication to a "member" as that term is used in chapter 42.17 RCW, the public disclosure commission statutes, including but not limited to RCW 42.17.020 and 42.17.100, is an internal political communication.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.17.370.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The public disclosure commission will update the rule to clarify that commercial entities that describe their customers as "members" are not membership organizations under chapter 42.17 RCW, and to address voting rights of members as a factor indicating a membership organization.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: The commission is expected to discuss draft language for hearing and possible emergency adoption at the May 22, 2008, meeting given the time limits in RCW 42.17.370(1), and will also approve draft language for possible permanent adoption at the June 26, 2008, meeting. A formal rule-making hearing for permanent adoption will [be] scheduled for August 28, 2008.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Assistant Director Doug Ellis, Washington State Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, (360) 664-2735, toll-free 1-877-601-2828, e-mail email@example.com.
April 23, 2008