WSR 16-16-088

AGENDA

[Filed July 29, 2016, 3:36 p.m.]

Agenda for Rules Under Development

July - December 2016

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 lori.anderson@pdc.wa.gov.

The public disclosure commission (the commission) submits this semi-annual agenda for rules under development, in accordance with RCW 34.05.314. The commission is granted rule-making authority by RCW 42.17A.110(1).

1. Adopt surplus funds account reporting schedule: The commission intends to adopt a reporting schedule for disclosing expenditures made from surplus funds. Surplus funds are those funds remaining at the end of a campaign cycle. Elected officials may establish a surplus funds account to be used for nonreimbursed, public office-related expenses and other uses provided for in RCW 42.17A.430. The statute provides that expenditures from surplus funds accounts will be disclosed, but there is no prescribed reporting schedule. Statutes being implemented: RCW 42.17A.240 and 42.17A.430.

2. Accept as timely filed mailed reports received within five business days of due date: The post office cancellation mark is used as the date received for mailed reports. All paper reports received are currently hand date-stamped and scanned. Efficiencies could be achieved by stamping one, consistent received date on reports as they are scanned, which is difficult when the postmark date is used. The commission wishes to adopt a timely filing presumption for mailed reports that are received within five business days of the filing deadline. Statutes being implemented: RCW 42.17A.140(1).

3. Amend WAC 390-16-234 Transfers of surplus and nonsurplus candidate funds: The rule allows joint campaign expenses to be paid by one candidate who is reimbursed proportionately by the other participating candidates. Senator Roach has suggested and the commission agrees that candidates must directly pay their proportionate share of campaign expenses. Statute being implemented: RCW 42.17A.430.

4. Amend WAC 390-18-040 Use of the terms "reelect," "retain," and "return": Repeal candidates' implied incumbency restrictions. Statute being implemented: RCW 42.17A.335.

5. Repeal WAC 390-13-100 Duties of elections officials receiving copies of campaign finance reports: Until June 2010, campaign finance reports were filed with the public disclosure commission and the county elections administrators. The commission was charged with adopting rules that governed how the counties would index and make the reports available to the public during the six year retention period. Since the retention period has ended for any reports that state law required to be filed with a county, the commission will repeal its indexing rule.

6. Amend chapter 390-37 WAC, Enforcement procedures: Hearing procedures may be modified as the commission compares its rules to the state model administrative procedures and reviews the use of "business days" as compared with "calendar days" for calculating time periods as well as other reconsideration instructions in WAC 390-37-144 and 390-37-150. Penalty schedules will also be reviewed to determine sufficiency and additional penalty schedules may be adopted. RCW 42.17A.755.

7. Whether signature gathering petitions for ballot measures constitute political advertising.

8. Whether "snip and paste" of photographs and other neutral content from candidates' campaign web sites used in political advertising sponsored by other parties is a contribution to the candidate.

July 29, 2016

Lori Anderson

Communications and

Training Officer