WSR 10-16-089

AGENDA

PUBLIC DISCLOSURE COMMISSION


[ Filed July 30, 2010, 11:49 a.m. ]


Agenda for Rules Under Development

July - December 2010



Agency Contact: Lori Anderson, Communications and Training Officer, P.O. Box 40908, Olympia, WA 98504-0908, phone (360) 664-2737, toll free 1-877-601-2828, fax (360) 753-1112, e-mail landerson@pdc.wa.gov.

At present, the public disclosure commission has seventeen rules under development and plans to review and update three chapters of the Washington Administrative Code:


1. Topic: Exempt activities -- Definitions, reporting (bona fide political parties).

Status: WAC 390-17-060 was adopted on an emergency basis, effective June 30, 2010, to implement section 602, chapter 204, Laws of 2010. Permanent rule making will begin later this year.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.640 (15)(c).

WAC Cite: WAC 390-17-060 Exempt activities -- Definitions, reporting.


2. Topic: Campaign finance issues implicated by the United States Supreme Court's March 2008 decision upholding I-872 (top two primary).

Status: Emergency WAC 390-05-274, 390-05-196, and 390-05-275, effective June 30, 2010, were adopted to address campaign finance issues implicated by the court's decision. Section 101, chapter 204, Laws of 2010, effective January 1, 2012, will alleviate some of the issues resulting from the top two primary decision. Upon the expiration of the three emergency rules and until 2012, the commission will once again be faced with the discordance of I-872 and chapter 42.17 RCW. The commission, therefore, will begin rule making later this year to adopt, on a permanent basis, the three emergency rules currently in effect.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: WAC 390-05-274 Party affiliation, party preference, etc., 390-05-196 Bona fide political party -- Application of term, and 390-05-275 Definition -- Party organization.


3. Topic: Sponsor identification on independent expenditure ads and electioneering communications.

Status: The commission will amend WAC 390-18-010 and 390-18-030 to implement section 505, chapter 204, Laws of 2010, which requires disclosure of the controlling person's name on independent expenditures and electioneering communications sponsored by a political committee.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.510.

WAC Cite: WAC 390-18-010 Advertising, political advertising, electioneering communications, and independent expenditures and 390-18-030 Advertising -- Exemptions from identification.


4. Topic: Filing campaign disclosure reports at locations other than the public disclosure commission.

Status: Permanent rule making is underway to implement section 505, chapter 205, Laws of 2010, which eliminated the requirement that campaign reports be filed with county elections officials. Draft language has been approved and a public hearing on the amendments and repealer will be held in September 2010.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Section 505, chapter 205, Laws of 2010.

WAC Cite: WAC 390-13-100 Duties of elections officials receiving copies of campaign finance reports, 390-16-011 Forms -- Registration statement for political committees, 390-16-012 Forms -- Registration statement for candidates, 390-16-041 Forms -- Summary of total contributions and expenditures, 390-16-0115 Mini campaign reporting -- Conditions for granting use, 390-16-314 Independent expenditure -- Disclosure, and 390-19-030 Electronic filing -- Reporting threshold.


5. Topic: Certain candidates and public service announcements.

Status: The commission adopted Interpretation 10-01, Public Service Announcements by State Elected Officials and Municipal Officers, effective June 24, 2010, as a first step in implementing section 703, chapter 204, Laws of 2010. The commission may engage in permanent rule making later this year to supersede Interpretation 10-01.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Section 703, chapter 204, Laws of 2010.

WAC Cite: WAC 390-05-525.


6. Topic: Campaign contribution limits.

Status: Permanent rule making is underway to implement chapter 206, Laws of 2010, which extended campaign contribution limits to all county office, city council, and mayoral candidates. Draft language has been approved and a public hearing on the amendments will be held in September 2010.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Chapter 206, Laws of 2010.

WAC Cite: WAC 390-16-038 Definition -- Aggregate, 390-17-309 Identification of affiliated entities, and 390-17-302 Contributions after the primary election.


7. Topic: Public records.

Status: The commission may file a preproposal statement with the code reviser giving notice that it is considering possible changes to chapters 390-13 and 390-14 WAC that will recognize and adopt relevant provisions of the state's model public records rules and address technological advancements in the delivery of public records.

A public hearing and possible adoption of amended rules may occur later this year.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: Chapters 390-13 and 390-14 WAC.


8. Topic: Enforcement of chapter 42.17 RCW.

Status: The commission intends to examine current enforcement rules relating to (a) brief enforcement hearings and the maximum penalty that may be imposed, and (b) the complaint dismissal process.

A public hearing and possible adoption of amended rules may occur later this year.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: Chapter 390-37 WAC.


9. Topic: Penalties assessed by the public disclosure commission.

Status: The commission intends to draft rules to define mitigating and aggravating circumstances that will impact penalty assessments.

A public hearing and possible adoption of amended rules may occur later this year.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.395.

WAC Cite: Chapter 390-37 WAC.


A complete listing of rule-making activity from 1999 to present can be found on the public disclosure commission web site at www.pdc.wa.gov under Rule Making Activity.

July 30, 2010

Lori Anderson

Communications and

Training Officer

Washington State Code Reviser's Office