Date of Adoption: June 28, 2001.
Purpose: To amend WAC 390-16-125 Abbreviated campaign reporting -- Exceeding limitations, the amendment would change the title from abbreviated to mini campaign reporting.
Citation of Existing Rules Affected by this Order: Amending WAC 390-16-125.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Immediately.
June 29, 2001
(1) If the application is made more than thirty days prior to the date of the election, the application will be considered approved without further action by the commission if the person making application submits:
(a) A PDC form C-1 or C-1pc indicating the intention of using the full reporting system provided by RCW 42.17.040 - 42.17.090;
(b) A PDC form C-3 and form C-4 with appropriate Schedules disclosing all contributions and expenditures reportable under RCW 42.17.090 for the election campaign or in the case of continuing political committees for the calendar year.
(c) A statement affirming that all known candidates for the office being sought have been notified personally of the application stating the manner and date of such notification. In the case of a ballot proposition, the statement shall affirm that the committee treasurer of all committees identifiable from the records of the county elections officer or public disclosure commission to be opposing or supporting the proposition have been notified personally of the application stating the manner and date of such notification.
(2) If the application is made within thirty days of the date of the election, the application shall be approved only by authorization of the commission executive director.
(a) Prior to such approval being granted, the executive director shall determine that the application contains those documents shown in subsection (1)(a), (b) and (c) above.
(b) The commission staff shall investigate why the applicable requirements were not complied with in the first instance and whether or not the probability of exceeding such limitations was reasonably foreseeable. If the investigation shows that the declaration by the candidate, committee or other person filed under WAC 390-16-115 was made in good faith and that the probability of exceeding such limitations was not reasonably foreseeable, the executive director will approve the reporting option change conditioned upon full future compliance with all applicable requirements of chapter 42.17 RCW.
(3) When one candidate or committee on either side of an
election campaign has ((
applied for permission to exceed the
limitations of the exemption)) been approved to change reporting
options under subsection (1) above, all other candidates and/or
committees may change reporting options by meeting the
requirements of subsection (1)(a), (b) and (c).
(4) Any person who knowingly or negligently causes or permits the limitations specified in these regulations to be exceeded shall be deemed to have violated the applicable provisions of RCW 42.17.040 - 42.17.090.
[Statutory Authority: RCW 42.17.370. 92-18-002, § 390-16-125, filed 8/20/92, effective 9/20/92; 92-05-079, § 390-16-125, filed 2/18/92, effective 3/20/92; 90-16-083, § 390-16-125, filed 7/31/90, effective 8/31/90; 89-20-068, § 390-16-125, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-125, filed 2/5/86; Order 91, § 390-16-125, filed 7/22/77; Order 67, § 390-16-125, filed 1/16/76; Order 62, § 390-16-125, 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.