WSR 08-21-164

EXPEDITED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed October 22, 2008, 10:48 a.m. ]

Title of Rule and Other Identifying Information: WAC 390-16-071 Annual report of major contributors and persons making independent expenditures and 390-19-020 Electronic filing -- Mandatory filing. WAC 390-16-071 is the PDC form C-7 which is to be filed annually by entities contributing over $16,000 in the aggregate to state election campaigns or making independent expenditures totaling over $800 for political advertising. WAC 390-19-020 outlines the mandatory electronic filing process and which software can be used to comply with the statute.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908 , AND RECEIVED BY December 22, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 390-16-071 to apply the dollar changes adopted by the commission in WAC 390-24-301. This change will increase the dollar thresholds from $1,500 to $2,000 on PDC form C-7 for reportable compensation provided state elected officials and their immediate family members and for payments to entities in which state elected officials or their immediate family are an officer or hold a financial interest.

Amend WAC 390-19-020 to change the reference to the Washington electronic disclosure system (WEDS), as the software application provided free of charge by the PDC, and replacing it with online reporting of campaign activity (ORCA).

Reasons Supporting Proposal: Update rules with minor revisions and clarify reporting requirements for filers.

Statutory Authority for Adoption: RCW 42.17.370 and 42.17.180 (1)(h).

Statute Being Implemented: RCW 42.17.180 and 42.17.3691.

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

Name of Proponent: Public disclosure commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA, (360) 753-1111.

October 22, 2008

Vicki Rippie

Executive Director

OTS-2007.1


AMENDATORY SECTION(Amending WSR 02-01-015, filed 12/7/01, effective 1/7/02)

WAC 390-16-071   Annual report of major contributors and persons making independent expenditures.   (1) Any person, other than an individual (a) who made contributions to state office candidates and statewide ballot proposition committees totaling more than the aggregate amount during the preceding calendar year for contributions referenced in WAC 390-05-400, code section .180(1), or (b) who made independent expenditures regarding state office candidates and statewide ballot propositions totaling more than the aggregate amount during the preceding calendar year for independent expenditures referenced in WAC 390-05-400, code section .180(1), shall file with the commission an annual report required pursuant to RCW 42.17.180. This report shall not be required of a lobbyist employer filing an annual L-3 report pursuant to RCW 42.17.180 or of a candidate's authorized committee or a political committee provided the information has been properly reported pursuant to RCW 42.17.080 and .090.

(2) The report is entitled "Special Political Expenditures" and is designated "C-7" revised ((1/02)) 12/08.

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[Statutory Authority: RCW 42.17.370(1). 02-01-015, 390-16-071, filed 12/7/01, effective 1/7/02. Statutory Authority: RCW 42.17.370(1) and 42.17.180 (1)(h). 98-01-062, 390-16-071, filed 12/11/97, effective 1/11/98. Statutory Authority: RCW 42.17.390. 95-01-074A, 390-16-071, filed 12/16/94, effective 1/16/95; 94-11-016, 390-16-071, filed 5/5/94, effective 6/5/94.]

OTS-2006.1


AMENDATORY SECTION(Amending WSR 01-22-052, filed 10/31/01, effective 1/1/02)

WAC 390-19-020   Electronic filing -- Mandatory filing.   (1) RCW 42.17.3691 mandates that persons satisfying the qualifying criteria in that section file all contribution and expenditure reports by electronic means.

(2) Persons filing by electronic means shall register with the PDC and receive a filer identification number and password. Filers must have a current C-1 Candidate Registration Statement or a C-1pc Committee Registration Statement with original signature on file with the PDC prior to receiving a filer identification number. Forms C-1 and C-1pc may not be filed electronically.

(3) A filer subject to RCW 42.17.3691 shall file all PDC C-3 and C-4 reports and all appropriate schedules electronically in compliance with subsection (5) of this section.

(4) Any filer required to file electronically, but who files on paper, is in violation of RCW 42.17.3691 and may be subject to enforcement action unless the filer is a candidate who has sought and been granted an exception from electronic filing under WAC 390-19-050.

(5) A filer subject to electronic filing shall file reports using one of the following:

(a) The ((Washington Electronic Disclosure System (WEDS))) ORCA software (Online Reporting of Campaign Activity) provided free-of-charge by the PDC;

(b) Software that creates electronic files that conform to the Political Disclosure Standard Electronic Reporting Format provided by the PDC; or

(c) Any other electronic filing application provided or approved by the PDC.

[Statutory Authority: RCW 42.17.370. 01-22-052, 390-19-020, filed 10/31/01, effective 1/1/02.]

Washington State Code Reviser's Office