WSR 13-11-008

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 2, 2013, 1:18 p.m. , effective June 2, 2013 ]


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

Purpose: The public disclosure commission enforces RCW 42.17A.245, which requires candidates and political committees to file campaign contribution and expenditure reports electronically upon expending $5,000 in the preceding year or expecting to expend $5,000 in the current year. WAC 390-19-030 presumes that a candidate "expects to expend" $5,000 or more when the candidate is seeking the same office last sought, the election is in the current calendar year, and the candidate's expenditures in the previous election for the same office were $5,000 or more. WAC 390-19-030 is being amended to require a returning candidate who spent $5,000 or more on the last campaign for the same office to file contribution and expenditure reports electronically from the beginning of the campaign rather [than] wait until the calendar year in which the election will be held or until the current campaign has spent $5,000.

Citation of Existing Rules Affected by this Order: Amending WAC 390-19-030.

Statutory Authority for Adoption: RCW 42.17A.110 and 42.17A.245.

Adopted under notice filed as WSR 13-07-012 on March 8, 2013.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 25, 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.]