WSR 98-03-072
PREPROPOSAL STATEMENT OF INQUIRY
PUBLIC DISCLOSURE COMMISSION
[Filed January 21, 1998, 9:29 a.m.]
Subject of Possible Rule Making: Soliciting or accepting contributions during the legislative session freeze period.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.17.370(1).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During a legislative session and the thirty days before and after session as well as during any special session, RCW 42.17.710 prohibits a state official or a person employed by or acting on behalf of a state official from soliciting or accepting contributions to a public office fund, a candidate or candidate's authorized committee or to retire a campaign debt.
In September of 1997, the Washington State Supreme Court issued a decision interpreting this statute. On December 9, 1997, the commission adopted, on an emergency basis, an amendment to WAC 390-17-400 implementing the court's decision. That amendment will expire in April. The commission may determine that a permanent rule is warranted. The rule would clarify the court's finding that caucus political committees may solicit or accept contributions during a legislative freeze period so long as those contributions are not used to benefit incumbent officials or individuals who become candidates during the freeze period.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Interested persons are invited to submit written comments on the need for a rule by February 13, 1998. The commission is expected to discuss whether to move forward with revisions to WAC 390-17-400 at its meeting on February 24, 1998, and public comments will also be welcome at that time.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Public Disclosure Commission Assistant Director Vickie Rippie at Washington Public Disclosure Commission, 711 Capitol Way, Room 403, P.O. Box 40908, Olympia, WA 98504-0908, phone (360) 753-1111, FAX (360) 753-1112, e-mail pdc@wln.com. Obtain agenda for commission meeting to be held on February 24, 1998, for time and location of the discussion of this issue. Public hearing and possible permanent adoption will not occur before April 21, 1998.
January 21, 1998
Melissa Warheit
Executive Director