WSR 12-01-047

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed December 14, 2011, 11:24 a.m. , effective January 14, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Implement chapter 145, Laws of 2011, effective January 1, 2012. Amendments incorporate new definition of "sponsor of a political committee" and related name requirements into WAC 390-16-011. New WAC 390-16-011A instructs when to update a sponsor's status. Amendments incorporate new political committee eligibility requirement for contributing to another political committee (WAC 390-16-011, 390-16-050, and 390-17-315); lower expenditure threshold for defining "electioneering communication" (WAC 390-16-060 and 390-18-060); lower campaigns' mandatory electronic filing threshold (WAC 390-19-030); strike language that requires the public disclosure commission to forego an enforcement hearing in cases referred to the attorney general or other enforcement agency (WAC 390-37-103); and adjusts the disclosure threshold for out-of-state contributions disclosed by an out-of-state political committee (WAC 390-16-050). Amendments also correct statutory references from chapter 42.17 RCW to chapter 42.17A RCW.

Citation of Existing Rules Affected by this Order: Amending WAC 390-16-011, 390-16-060, 390-17-315, 390-18-060, 390-19-030, 390-37-103, and 390-16-050.

Statutory Authority for Adoption: RCW 42.17.130 and 42.17.093.

Adopted under notice filed as WSR 11-20-057 on September 30, 2011, and WSR 11-22-050 on October 28, 2011.

Changes Other than Editing from Proposed to Adopted Version: A technical cross reference was included in the C-1pc instructions (WAC 390-16-011) to cite WAC 390-16-011A.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 8, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 8, 2011.

Lori Anderson

Communications and

Training Officer

OTS-4286.3


AMENDATORY SECTION(Amending WSR 10-20-011, filed 9/24/10, effective 10/25/10)

WAC 390-16-011   Forms -- Registration statement for political committees.   The official form for providing the statement of organization by political committees for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1pc," revised ((11/10)) 1/12. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 10-20-011, 390-16-011, filed 9/24/10, effective 10/25/10; 08-01-069, 390-16-011, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 06-08-039, 390-16-011, filed 3/29/06, effective 4/29/06; 05-06-070, 390-16-011, filed 3/1/05, effective 4/1/05; 01-10-049, 390-16-011, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 00-22-050, 390-16-011, filed 10/27/00, effective 11/27/00; 99-22-083, 390-16-011, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-011, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-15-004, 390-16-011, filed 7/7/93, effective 8/7/93; 92-18-002, 390-16-011, filed 8/20/92, effective 9/20/92; 91-22-033, 390-16-011, filed 10/30/91, effective 11/30/91; 89-20-068, 390-16-011, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-011, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-011, filed 5/10/82; 82-02-007 (Order 81-04), 390-16-011, filed 12/28/81; Order 91, 390-16-011, filed 7/22/77; Order 62, 390-16-011, filed 8/26/75; Order 60, 390-16-011, filed 7/16/75.]

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.

[]

OTS-4279.2


AMENDATORY SECTION(Amending WSR 09-19-004 and 09-19-103, filed 9/2/09 and 9/21/09, effective 10/3/09 and 11/4/09)

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)) 42.17A.250 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)) 42.17A.250 through ((42.17.090)) 42.17A.240 is designated "C-5," revised ((11/09)) 1/12. 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(1) and 42.17.093 (1)(g). 09-19-004 and 09-19-103, 390-16-050, filed 9/2/09 and 9/21/09, effective 10/3/09 and 11/4/09. 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.]

OTS-4332.1


AMENDATORY SECTION(Amending WSR 06-11-132, filed 5/23/06, effective 6/23/06)

WAC 390-16-060   Forms for report of independent expenditures and electioneering communications.   (1) The official form for reports of independent expenditures and electioneering communications as required by RCW ((42.17.100)) 42.17A.255, ((42.17.103)) 42.17A.260 and ((42.17.565)) 42.17A.305 is designated "C-6," revised ((5/06)) 1/12. Copies of this form are available at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504 and on-line at www.pdc.wa.gov. Any paper attachments shall be on 8 1/2" x 11" white paper.

(2) The C-6 report may be filed electronically consistent with WAC 390-19-040 by using an electronic filing alternative provided or approved by the commission. C-6 reports of electioneering communications shall be filed electronically as provided in RCW ((42.17.565)) 42.17A.305.



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[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, 390-16-060, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 02-12-007, 390-16-060, filed 5/23/02, effective 6/23/02; 02-03-018, 390-16-060, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-060, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-060, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-060, filed 5/10/82; Order 77, 390-16-060, filed 6/2/76; Order 62, 390-16-060, filed 8/26/75; Order 6, 390-16-060, filed 3/23/73.]

OTS-4287.1


AMENDATORY SECTION(Amending WSR 07-07-005, filed 3/8/07, effective 4/8/07)

WAC 390-17-315   Political committees--Qualifications to contribute.   ((In order to make contributions as permitted by RCW 42.17.640, a political committee shall,)) (1) Within ((180)) one hundred eighty days ((prior to)) of making ((the)) a contribution((,)) to a state office candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official, a political committee shall have received contributions of $10 or more each from at least ten individuals registered to vote in Washington state ((at the time they contributed to the political committee)).

(2) A political committee shall have received contributions of $10 or more each from at least ten individuals registered to vote in Washington state before contributing to a Washington state political committee.

(3) A political committee shall maintain a list of the names and addresses of these registered voters from whom contributions are received, the amount of each contribution, and the date each contribution is received. Upon written request of the commission or other person seeking this information, the political committee shall provide the list within ((14)) fourteen days ((a list of these ten individuals, identified by name, address, amount of contribution and date contribution was received)).

[Statutory Authority: RCW 42.17.370. 07-07-005, 390-17-315, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370(1). 02-03-018, 390-17-315, filed 1/4/02, effective 2/4/02; 96-05-001, 390-17-315, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.390. 94-07-141, 390-17-315, filed 3/23/94, effective 4/23/94. Statutory Authority: RCW 42.17.370. 93-16-064, 390-17-315, filed 7/30/93, effective 8/30/93.]

OTS-4288.1


AMENDATORY SECTION(Amending WSR 06-11-132, filed 5/23/06, effective 6/23/06)

WAC 390-18-060   Electioneering communication reporting threshold and sponsors.   (1) A "sponsor of an electioneering communication" is defined in RCW ((42.17.020)) 42.17A.005(43).

(2) For the purposes of RCW ((42.17.020 (20))) 42.17A.005 (19)(c), an electioneering communication is reportable by the sponsor to the commission when the communication, alone or in combination:

(a) Identifies the same candidate in one or more communications satisfying RCW ((42.17.020 (20))) 42.17A.005 (19)(a) and (b) or commission rules;

(b) Is made by the same sponsor of one or more of the communications;

(c) When it, either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market or aggregate value of $((5,000)) 1,000 or more; and

(d) Is not a communication exempted from reporting under RCW ((42.17.020(21))) 42.17A.005(20) or commission rule.

(3) When the electioneering communication or communications - including radio or television transmissions, mailings, billboards, newspapers and/or periodicals - reach the $((5,000)) 1,000 threshold, the sponsor shall electronically report to the commission as required by RCW ((42.17.565)) 42.17A.305 within twenty-four hours of, or on the first working day after, the date the electioneering communication is first broadcast, transmitted, erected, distributed, or otherwise published.

(4) Once the $((5,000)) 1,000 threshold is reached, all subsequent electioneering communications by the sponsor identifying the same candidate are reportable as provided in RCW ((42.17.565)) 42.17A.305 and this rule.

(5) When more than one sponsor pays for the electioneering communication, the entire fair market value of the communication is attributable to all sponsors. All sponsors of the same communication are responsible for reporting once the $((5,000)) 1,000 threshold is met. A failure to report by one joint sponsor is not attributable to all joint sponsors of a specific communication or communications if the remaining sponsors have reported properly.

(6) Consistent with WAC 390-16-060 and the requirements of PDC Form C-6, a prorated portion of independent expenditure and electioneering communications expenditures shall be attributed to each candidate or ballot proposition identified in the advertisement or communication. That proration shall be based on a reasonable, good faith estimate of the value of the portion of the advertisement or communication relating to each candidate or proposition identified.

(((7) Examples. The following is a nonexclusive list of examples of reportable activities for electioneering communications:

(a) Single sponsor, single ad. Sponsor A pays for an electioneering communication identifying Candidate 1 and the communication has a fair market value of $5,000 or more. The electioneering communication is reportable by Sponsor A.

(b) Single sponsor, multiple ads. Sponsor A pays for three electioneering communications identifying Candidate 1, and the communications have an aggregate fair market value of $5,000 ($1,000 for the first, $2,000 for the second, and $2,000 for the third). All three communications are reportable within twenty-four hours of the third communication being first broadcast, transmitted, erected, distributed or otherwise published. All subsequent electioneering communications by Sponsor A identifying Candidate 1 are reportable.

(c) Multiple sponsors, multiple ads. Sponsors A and B jointly agree to pay for three electioneering communications identifying Candidate 1, and the communications have a total fair market value of $5,000 ($1,000 for the first, $2,000 for the second, and $2,000 for the third). All three communications become reportable when the third communication is sponsored. All subsequent electioneering communications by Sponsors A and/or B identifying Candidate 1 are reportable.

(d) Multiple sponsors, multiple ads. Sponsors A and B have separately paid for an electioneering communication identifying Candidate 1, and each communication has a fair market value of $4,000. Those communications are not reportable because they have not yet reached the $5,000 threshold. However, Sponsors A and B then jointly agree to pay for another electioneering communication identifying Candidate 1, and the communication has a fair market value of $1,000. Now the $5,000 reporting threshold has been reached and within twenty-four hours of the jointly sponsored communication being published, that communication and prior separately sponsored communications identifying Candidate 1 are reportable by Sponsors A and B. All subsequent electioneering communications by Sponsors A and/or B identifying Candidate 1 are reportable.

(e) Multiple sponsors, multiple ads. Sponsors A, B and C jointly plan and agree to pay for a series of electioneering communications identifying Candidate 1. They decide that Sponsor A will pay for the first ad, Sponsor B will pay for the second ad, and Sponsor C will pay for the third ad. Each ad has a fair market value of $4,999. Because A, B and C are acting in concert as one sponsoring entity for the electioneering communications, upon the publishing of the second ad the $5,000 threshold is met and A, B and C have an obligation to report the electioneering communications within 24 hours. Likewise, A, B and C have an obligation to report the third electioneering communication within twenty-four hours of its publication. All subsequent electioneering communications by Sponsors A, B and/or C identifying Candidate 1 are reportable.

(f) Prorating an ad. If 80% of one or more electioneering communications with a fair market value of $7,000 relates to a message or messages about Candidate 1, and the remaining 20% relates equally to two ballot propositions, the communication is reportable by the sponsor or sponsors because the $5,000 threshold has been met. All subsequent electioneering communications identifying Candidate 1 are reportable.))

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, 390-18-060, filed 5/23/06, effective 6/23/06.]

OTS-4333.1


AMENDATORY SECTION(Amending WSR 10-20-011, filed 9/24/10, effective 10/25/10)

WAC 390-19-030   Electronic filing -- Reporting threshold.   (1) The "electronic reporting threshold" that requires electronic filing of all contribution and expenditure reports is met when a candidate or political committee has expended $((10,000)) 5,000 or more in the preceding calendar year or expects to expend $((10,000)) 5,000 or more in the current calendar year.

(2) It is presumed that a filer "expects to expend" $((10,000)) 5,000 or more when any one of the following first occurs:

(a) A filer spends at least $((10,000)) 5,000;

(b) A filer is a candidate for the same office last sought, the filer's election is in the current calendar year, and his or her campaign expenditures in the previous election for the same office were $((10,000)) 5,000 or more;

(c) A filer's expenditures meet or exceed $((2,500)) 1,250 on or before March 31 of the current calendar year;

(d) A filer's expenditures meet or exceed $((5,000)) 2,500 on or before June 30 of the current calendar year;

(e) A filer's expenditures meet or exceed $((7,500)) 3,750 on or before September 30 of the current calendar year; or

(f) A filer otherwise projects that $((10,000)) 5,000 or more will be spent during the current calendar year.

(3) The following expenditures or transactions are excluded from the electronic reporting threshold calculation:

(a) Expenditures made to pay outstanding debts carried forward from a previous election;

(b) Surplus funds disposed of in accordance with RCW ((42.17.095)) 42.17A.430; and

(c) The value of in-kind contributions pledged or received within eight days of a special or general election.

(4) Candidate committees or political committees supporting or opposing ballot propositions that meet, exceed or expect to meet or exceed the electronic reporting threshold shall report electronically for the duration of the campaign.

[Statutory Authority: RCW 42.17.370(1). 10-20-011, 390-19-030, filed 9/24/10, effective 10/25/10. Statutory Authority: RCW 42.17.370. 05-11-001, 390-19-030, filed 5/4/05, effective 6/4/05. Statutory Authority: RCW 42.17.370(1). 04-01-130, 390-19-030, filed 12/18/03, effective 1/18/04. Statutory Authority: RCW 42.17.370. 01-22-052, 390-19-030, filed 10/31/01, effective 1/1/02.]

OTS-4334.1


AMENDATORY SECTION(Amending WSR 03-22-065, filed 11/4/03, effective 12/5/03)

WAC 390-37-103   Commission options following receipt of a staff report on alleged violations.   Upon receipt of a staff report concerning alleged violations of those sections of chapter 42.17A RCW that the commission enforces, the commission may:

(1) Schedule the matter for a hearing (adjudicative proceeding); or

(2) Issue an order; or

(3) ((In lieu of holding an enforcement hearing (adjudicative proceeding), or issuing an order,)) Refer the matter or apparent violations to the attorney general or other enforcement agency pursuant to RCW ((42.17.360(5))) 42.17A.105(5) and ((42.17.395)) 42.17A.750.

[Statutory Authority: RCW 42.17.370. 03-22-065, 390-37-103, filed 11/4/03, effective 12/5/03.]

Washington State Code Reviser's Office