WSR 10-01-144

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed December 21, 2009, 2:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-16-044.

Title of Rule and Other Identifying Information: WAC 390-19-020 Electronic filing -- Mandatory filing -- Procedures for electronic filing of campaign finance disclosure forms.

Hearing Location(s): Commission Hearing Room, 711 Capital Way, Room 206, Olympia, WA 98504, on January 28, 2010, at 9:30 a.m.

Date of Intended Adoption: January 28, 2010.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504-0908, e-mail dellis@pdc.wa.gov, fax (360) 753-1112, by January 21, 2010.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amended rule would allow for electronic filing of PDC forms C-1 Registration statement for candidates and C-1pc Registration statement for political committees.

Reasons Supporting Proposal: To provide option for candidates and political committees to file registration statements electronically, thereby improving timeliness and reducing processing and data entry by the agency.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: Chapter 42.17 RCW.

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 amended rule provides the option for candidates and political committees to file registration statements electronically, thereby improving timeliness and reducing processing and data entry by the agency.

Name of Proponent: [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 the rule amendment 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.

December 21, 2009

Douglas J. Ellis

Assistant Director

OTS-2765.3


AMENDATORY SECTION(Amending WSR 09-02-021, filed 12/30/08, effective 1/30/09)

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)) and an 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 ORCA software (Online Reporting of Campaign Activity) provided free-of-charge by the PDC; or

(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. 09-02-021, 390-19-020, filed 12/30/08, effective 1/30/09; 01-22-052, 390-19-020, filed 10/31/01, effective 1/1/02.]

Washington State Code Reviser's Office