WSR 01-07-106

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed March 21, 2001, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-03-161.

Title of Rule: WAC 390-16-105 Abbreviated campaign reporting -- Eligibility.

Purpose: To outline the circumstances and dollar thresholds under which a candidate and/or political committee is eligible to use a reporting option other than full reporting.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.370.

Summary: RCW 42.17.370(8) authorizes the commission to relieve, by rule, candidates or political committees of obligations to comply with the provisions of chapter 42.17 RCW. This rule eliminates the abbreviated campaign reporting option and replaces it with a single mini campaign reporting option. It clarifies under what circumstances a candidate or political committee would be eligible to select the new mini reporting option and increases the threshold dollar amounts for mini reporting.

Reasons Supporting Proposal: The rule would clarify and simplify the reporting requirements for candidates and political committees who choose to file campaign finance reports under the mini reporting option.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-8853.

Name of Proponent: Public Disclosure Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule would eliminate the abbreviated reporting option for candidates and political committees and replace it with a mini reporting option that increases the threshold dollar amounts from $2,000 to $3,500 and increases the maximum contribution amounts from $200 to $300. The rule also exempts candidate filing fees paid for by a bona fide political party committee from the contribution aggregate threshold.

Proposal Changes the Following Existing Rules: Simplifies and streamlines the campaign reporting option for persons who qualify for less than full reporting.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this rule does not impact small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not an agency listed in subsection (5)(a)(i) of section 201. Further, the Public Disclosure Commission does not voluntarily make section 201 applicable to this rule adoption pursuant to subsection (5)(a)(ii) of section 201, and to date JARRC has not made section 201 applicable to this rule adoption.

Hearing Location: Commission Hearing Room, Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA, on April 24, 2001, at 9:00 a.m.

Assistance for Persons with Disabilities: Ruthann Bryant, (360) 753-1111.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112, by April 20, 2001.

Date of Intended Adoption: April 24, 2001.

March 21, 2001

V. Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 86-04-071, filed 2/5/86)

WAC 390-16-105   ((Abbreviated)) Mini campaign reporting -- Eligibility.   (1) ((No)) A candidate or candidate's authorized committee ((and no political committee)), as those terms are defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.060 ((-)) through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, 390-16-120 and 390-16-125 when neither ((the)) aggregate contributions nor ((the)) aggregate expenditures exceed the amount of the candidate's filing fee provided by law plus a sum not to exceed ((two)) three thousand five hundred dollars and no contribution or contributions from any ((source)) person other than the candidate(('s personal resources)) within such aggregate exceed((s)) ((two)) three hundred dollars. However, a bona fide political party may pay the candidate's filing fee provided by law without that payment disqualifying that candidate from eligibility under this section.

     (2) A political committee, as that term is defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.060 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, 390-16-120 and 390-16-125 when neither aggregate contributions nor aggregate expenditures exceed three thousand five hundred dollars and no contribution or contributions from any person exceed three hundred dollars.

     (3) ((No)) A continuing political committee, as that term is defined in RCW 42.17.020, shall not be required to comply with the provisions of RCW 42.17.060 through 42.17.090 except as otherwise prescribed in WAC 390-16-038, 390-16-115, 390-16-120 and 390-16-125 when neither ((the)) aggregate contributions nor ((the)) aggregate expenditures during a calendar year exceed ((two)) three thousand five hundred dollars and no contribution or contributions from any person exceed ((two)) three hundred dollars.

[Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-105, filed 2/5/86; Order 91, § 390-16-105, filed 7/22/77; Order 62, § 390-16-105, filed 8/26/75.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

© Washington State Code Reviser's Office