WSR 09-14-020

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed June 22, 2009, 4:00 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-20-135.

Title of Rule and Other Identifying Information: New WAC 390-16-049 Out-of-state political committees -- Implementation of RCW 42.17.093 and amendments to WAC 390-16-050 Forms for contributions and expenditures of out-of-state political committees. These rules clarify the reporting requirements and make changes to PDC C-5 form filed by out-of-state political committees.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on August 27, 2009, at 9:30 a.m.

Date of Intended Adoption: August 27, 2009.

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 August 25, 2009.

Assistance for Persons with Disabilities: Contact Nicole Stauffer by phone (360) 753-1111 or (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New WAC 390-16-049 is designed to clarify when a political committee that is located out-of-state is required to file as an in-state committee under RCW 42.17.040 through 42.17.090 and amendments to WAC 390-16-050 incorporate provisions of WAC 390-16-049 in the C-5 form and makes inflationary adjustments in compliance with RCW 42.17.093 (1)(g).

Reasons Supporting Proposal: To provide guidance and clarification in public disclosure reporting by out-of-state political committees.

Statutory Authority for Adoption: RCW 42.17.370 and 42.17.093.

Statute Being Implemented: RCW 42.17.093.

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 new rule and the amended rule clarify when and how out-of-state political committees file reports for purposes of public disclosure.

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.

June 22, 2009

Douglas J. Ellis

Assistant Director

OTS-2462.1


NEW SECTION
WAC 390-16-049   Out-of-state political committees -- Implementation of RCW 42.17.093.   (1) RCW 42.17.093 governs campaign reporting in Washington state by committees located outside of Washington. The statute directs that an out-of-state political committee organized for the purpose of supporting or opposing candidates or ballot propositions in another state (and that is not otherwise required to report as an in-state committee) reports the information listed in RCW 42.17.093 on a C5 form (WAC 390-16-050). The committee begins reporting on a C5 form when it makes an expenditure supporting or opposing a Washington state candidate or political committee.

(2) To file as an out-of-state political committee, all the criteria in (a) and (b) of this subsection must be satisfied:

(a) Out-of-state. First, the committee must be located out-of-state. It must be maintaining its office or headquarters in another U.S. state or the District of Columbia, and has no office, street address or corporate registered agent in Washington state. If there is no office or headquarters in another state or the District of Columbia, and no corporate registered agent in Washington state, the political committee is deemed out-of-state if its treasurer resides in another U.S. state or the District of Columbia.

(b) Organizational purpose and campaign activities. Second, the committee must also be currently organized primarily for engaging in campaign activities in another state. Therefore, to qualify as a current out-of-state committee, the committee must also:

(i) Be currently registered and actively filing campaign disclosure reports in one or more other states and has been so filing for the preceding two years; and

(ii) Have organizational documents showing it was originally formed and is currently organized for the purpose of making expenditures in another state or soliciting contributions for use in another state's election campaigns; and

(iii) Have spent less than twenty percent of its aggregate expenditures for all political campaign activity nationwide at any point in any calendar year to support and/or oppose Washington candidates for state, local and judicial office, Washington ballot measures and/or Washington political committees.

(3) A committee that does not satisfy the criteria in subsection (2) of this section shall file as an in-state committee under chapter 42.17 RCW, including RCW 42.17.040 through 42.17.090.

(4) Out-of-state political committees reporting under RCW 42.17.093 are also subject to reporting pursuant to RCW 42.17.103 (political advertising independent expenditures) and RCW 42.17.565 through 42.17.575 (electioneering communications).

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OTS-2491.2


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)) 11/09. 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