WSR 01-14-036

EMERGENCY RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed June 29, 2001, 10:20 a.m. ]

Date of Adoption: June 28, 2001.

Purpose: To amend WAC 390-16-115 Abbreviated campaign reporting -- Conditions for granting use, the amendment would change the title from abbreviated to mini campaign reporting.

Citation of Existing Rules Affected by this Order: Amending WAC 390-16-115.

Statutory Authority for Adoption: RCW 42.17.370(1).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Amending this rule conforms with WAC 390-16-105, eliminates the abbreviated reporting option, and institutes a campaign reporting system having only two options (mini and full reporting). Under the current time requirements of notice and opportunity to comment the permanent adoption of this rule would not take effect until after the 2001 general election (RCW 42.17.370(1)) and would result in confusion as to the responsibilities of persons filing campaign reports.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Immediately.

June 29, 2001

Vicki Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 89-20-068, filed 10/4/89)

WAC 390-16-115   ((Abbreviated)) Mini campaign reporting -- Conditions for granting use.   The exemptions allowed in WAC 390-16-105 shall be granted to a candidate or political committee, including a continuing political committee, only upon compliance with the following conditions.

(1) ((The)) A candidate ((or political committee must)) shall, within fourteen days of ((the time of organization, or of receipt of contributions or the making of expenditures, or of reservation of space or facilities with intent to promote or oppose a candidacy for office or with intent to promote or oppose a ballot proposition, whichever comes first, file the C-1 or C-1pc registration statement with the commission and the county elections office. The statement shall declare that the candidate or political committee will not exceed the expenditure limits set out in WAC 390-16-105.)) first

(a) receiving contributions, making expenditures, reserving space or facilities or purchasing commercial advertising space or broadcast time to promote his or her candidacy;

(b) giving his or her consent to another person to take on behalf of the candidate any of the action in (a) of this subsection; or

(c) announcing publicly or filing a declaration of candidacy with the appropriate elections official, file the C-1 registration statement with the commission and his or her county elections office. The statement must declare that the candidate will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

(2) A political committee shall, within fourteen days after its organization or after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, file the C-1pc registration statement with the commission and with the appropriate county elections office as specified below:

(a) for a political committee, the elections office of the county in which the treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston County, or

(b) for a continuing political committee, the elections office of the county in which the committee's in-state office or headquarters is located; if there is no in-state office or headquarters, the elections office of the county in which the committee treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston County.

(3) The statement filed under subsection (2) of this section shall declare that the political committee will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

(4) In addition to complying with subsections (2) and (3) of this section, a continuing political committee shall also file a C-1pc between January 1 and January 31 for each year in which the committee intends to use the mini reporting system. Failure to file a new registration statement during January will automatically terminate the committee's entitlement to use the mini reporting system until such time as a new C-1pc is filed.

(5) ((The)) A candidate or political committee ((must, throughout the ensuing election campaign,)) shall keep current records in sufficient detail to allow the candidate or political committee to make reports otherwise required by RCW 42.17.040 through 42.17.090 in the event that the filing of such reports becomes necessary as a result of exceeding the contribution ((and)) or expenditure limitation((,)) pursuant to ((subsequent permission of the commission)) the provisions of WAC 390-16-125.

(((3))) (6) ((The)) A candidate or political committee treasurer shall, during the eight days immediately preceding the date of the election, maintain records of contributions and expenditures current within one business day. These records shall be open for public inspection during the hours designated on the registration statement at the principal campaign headquarters or, if there is no campaign headquarters, at ((the)) a local address of the campaign treasurer or such other place as may be authorized by the commission.

(((4))) (7) The records of contributions and expenditures shall be ((open to)) available for audit or examination by representatives of the public disclosure commission at any time upon request from the commission.

[Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-115, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-115, filed 2/5/86; 82-14-016 (Order 82-04), 390-16-115, filed 6/28/82; Order 62, 390-16-115, filed 8/26/75.]

Washington State Code Reviser's Office