WSR 13-07-012

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed March 8, 2013, 8:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-03-083.

Title of Rule and Other Identifying Information: WAC 390-19-030 Electronic filing -- Reporting threshold.

Hearing Location(s): Public Disclosure Commission (PDC), Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA 98504, on Thursday, April 25, 2013, at 9:30 a.m.

Date of Intended Adoption: April 25, 2013.

Submit Written Comments to: Lori Anderson, P.O. Box 40908, Olympia, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by Tuesday, April 23, 2013.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The PDC makes state and local campaign finance data publicly available through an online searchable database. The campaign finance data is received by the PDC from campaigns who are required to e-file upon spending or expecting to spend $5,000. Currently, a returning candidate who was required to e-file in the past campaign is allowed to file on paper until the election year or until the e-filing threshold is reached, whichever comes first. The proposed amendment will require a returning candidate who has not reached the e-filing threshold to electronically file campaign contribution and expenditure reports from the beginning of the campaign if the candidate reached the e-filing threshold in his or her last campaign and the candidate ran for the same office he or she seeks in the current campaign.

Reasons Supporting Proposal: Improves public access to campaign finance data and eliminates the need for campaign finance reports to be data entered by PDC staff.

Statutory Authority for Adoption: RCW 42.17A.110.

Statute Being Implemented: RCW 42.17A.245.

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: Proposed amendments should have no fiscal impact on the PDC or any other agency.

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: Philip 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 proposed rule amendments has minimal impact on small business. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.

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 RCW 34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.

March 6, 2013

Lori Anderson

Communications and

Training Officer

OTS-5321.1


AMENDATORY SECTION(Amending WSR 12-01-047, filed 12/14/11, effective 1/14/12)

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 $5,000 or more in the preceding calendar year or expects to expend $5,000 or more in the current calendar year.

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

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

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

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

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

(f) A filer otherwise projects that $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 42.17A.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 42.17.130 and 42.17.093. 12-01-047, 390-19-030, filed 12/14/11, effective 1/14/12. 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.]