WSR 11-22-050

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed October 28, 2011, 1:14 p.m. ]

Supplemental Notice to WSR 11-20-057.

Preproposal statement of inquiry was filed as WSR 11-13-073.

Title of Rule and Other Identifying Information: WAC 390-16-011A Sponsor of a political committee.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on December 8, 2011, at 9:30 a.m.

Date of Intended Adoption: December 8, 2011.

Submit Written Comments to: Lori Anderson, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504-0908, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by December 6, 2011.

Assistance for Persons with Disabilities: Contact Jana Greer by e-mail at jana.greer@pdc.wa.gov or phone (360) 586-0544 or (360) 753-1111.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed new WAC 390-16-011A clarifies how a political committee determines who is a sponsor under RCW 42.17A.005 (42)(b)(i) and supports proposed amendments to WAC 390-16-011 Forms -- Registration statement for political committees.

Reasons Supporting Proposal: The proposed rule will provide guidance and clarification to political committees subject to chapter 42.17A RCW and WAC 390-16-011 in connection with the implementation of chapter 145, Laws of 2011, effective January 1, 2012.

Statutory Authority for Adoption: RCW 42.17.370.

Statute Being Implemented: RCW 42.17A.005 (42)(b), effective January 1, 2012.

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 proposed rule clarifies new disclosure requirements imposed by chapter 145, Laws of 2011.

Name of Proponent: PDC, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; 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 applicable to the adoption of these rules.

October 27, 2011

Lori Anderson

Communication and

Training Officer

OTS-4389.1


NEW SECTION

WAC 390-16-011A   Sponsor of a political committee.   (1) This rule applies to political committees that are not authorized committees. This rule does not apply to political committees that filed final C-4 reports as of December 31, 2011.

(2) "Sponsor" of a political committee is defined under RCW 42.17A.005 (42)(b).

(3) A sponsored political committee that registers on or after January 1, 2012, shall include on its C-1pc the name of at least one sponsor in the committee's name.

(4) A political committee registered before January 1, 2012, shall amend its registration by January 31, 2012. A sponsored political committee shall include on its amended C-1pc the name of at least one sponsor in the committee's name.

(5) To determine if a political committee received eighty percent or more of its contributions from a person or from the person's members, officers, employees, or shareholders under RCW 42.17A.005 (42)(b)(i):

(a) A political committee not organized to support or oppose a particular candidate or ballot proposition shall consider all contributions received January 1, 2011, through the date of filing the amended C-1pc.

(b) A political committee organized to support or oppose a particular candidate or ballot proposition shall consider all contributions received from the time the committee was organized or filed its initial C-1pc, whichever is earlier.

(6) A sponsored political committee must amend its C-1pc sixty days before an election in which it participates if the committee's name on its most recently filed C-1pc does not include at least one current sponsor. To determine if the committee received eighty percent or more of its contributions from a person or from the person's members, officers, employees, or shareholders under RCW 42.17A.005 (42)(b)(i) at the time of the amendment:

(a) A political committee not organized to support or oppose a particular candidate or ballot proposition will consider all contributions received in the previous twelve months through the date of filing the amended C-1pc.

(b) A committee organized to support or oppose a particular candidate or ballot proposition will consider all contributions received from the time the committee was organized or filed its initial C-1pc, whichever is earlier.

[]

Washington State Code Reviser's Office