WSR 09-13-075

EMERGENCY RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed June 16, 2009, 10:16 a.m. , effective June 30, 2009 ]


Effective Date of Rule: June 30, 2009.

Purpose: Amend WAC 390-16-050 Forms for contributions and expenditures of out-of-state political committees, to incorporate provisions of WAC 390-16-049 in the C-5 form and to make inflationary adjustments in compliance with RCW 42.17.093 (1)(g).

Citation of Existing Rules Affected by this Order: Amending WAC 390-16-050.

Statutory Authority for Adoption: RCW 42.17.370 and 42.17.093.

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.

Reasons for this Finding: Consistent with the people's declaration that political campaign and lobbying contributions are to be fully disclosed and secrecy is to be avoided, the sources of money used and the expenditures made to support or oppose Washington candidates for state, local or judicial office or Washington ballot propositions must be fully, timely and accurately disclosed. Amendments to WAC 390-16-050: (1) Clarify the reporting requirements for the disclosure of contributions and expenditures by out-of-state political committees; (2) update the C-5 form; and (3) make inflationary adjustments consistent with RCW 42.17.093 (1)(g).

To preserve the general welfare and given the timing restriction for rule making in RCW 42.17.370(1), the amended rule is needed for the 2009 election season to provide guidance and clarification to out-of-state political committees who must file reports under RCW 42.17.093.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 16, 2009.

Douglas J. Ellis

Assistant Director

OTS-2461.3


AMENDATORY SECTION(Amending WSR 08-01-059, filed 12/14/07, effective 1/14/08)

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 ((1/08)) 6/09. 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. 08-01-059, 390-16-050, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370 and 42.17.093 (1)(i). 06-18-035, 390-16-050, filed 8/28/06, effective 9/28/06. 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.]

Washington State Code Reviser's Office