WSR 15-23-021
EXPEDITED RULES
PUBLIC DISCLOSURE COMMISSION
[Filed November 7, 2015, 6:12 p.m.]
Title of Rule and Other Identifying Information: WAC 390-16-011, 390-16-012, 390-16-031, 390-16-032, 390-16-033, 390-16-041, and 390-20-130 (PDC Forms C-1pc, C-1, C-3, Auction Report Attachment to C3 Au, Earmarked Contribution Special Report E, C-4, and L-1, respectively) and WAC 390-19-020 Electronic filingMandatory filing.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Anderson, Public Disclosure Commission, e-mail lori.anderson@pdc.wa.gov or United States mail, P.O. Box 40908, Olympia, WA 98504, AND RECEIVED BY January 19, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: All forms that the commission has adopted as rules are available on the commission's web site. The commission will make expedited amendments to describe in each rule, where the information is lacking, that the form may be accessed at www.pdc.wa.gov.
The commission is implementing SB 5810, which promotes the use, acceptance, and remove[s] barriers to the use and acceptance of electronic signatures, by eliminating signature cards that were required to register an electronic filing account in order to electronically file campaign disclosure reports.
Reasons Supporting Proposal: The commission has systematically been adding the online reference when making substantive amendments to its rules (forms). No revisions are planned for these remaining forms, so housekeeping amendments are in order to ensure that the public knows where blank forms may be obtained.
Eliminating the need to print, sign, and submit a signature card in order to electronically file campaign disclosure reports is customer friendly in that it removes a barrier of extra steps that had to be completed before filing and a time delay that existed from the point a campaign first registered the account and when the commission staff received and processed the signature card.
Statutory Authority for Adoption: RCW 42.17A.110.
Statute Being Implemented: RCW 42.17A.105(1) (providing forms) and chapter 72, Laws of 2015 (electronic signatures).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Public disclosure commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-2737; and Enforcement: Evelyn Lopez, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-2735.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The commission anticipates no enforcement or fiscal impacts.
November 7, 2015
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 12-01-047, filed 12/14/11, effective 1/14/12)
WAC 390-16-011 FormsRegistration statement for political committees.
The official form for providing the statement of organization by political committees for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1pc," revised ((1/12)) 2/16. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-012 FormsRegistration statement for candidates.
The official form for providing the statement of organization by candidates and candidate's committees, for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1," revised ((1/12)) 2/16. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington, 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-031 Forms for statement of contributions deposit.
The official form for statement of contributions deposit is designated "C-3," revised ((1/12)) 2/16. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504. Any paper attachments shall be on 8-1/2" x 11" white paper.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-032 FormsAuction report.
The official form for reporting items donated and sold at auctions, as required by RCW 42.17A.240 (2)(b), is designated "Attachment Au," revised ((1/12)) 2/16. This attachment shall accompany each C-3 which reports the receipt of funds from an auction. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, 711 Capitol Way, Room 206, Evergreen Plaza Building, P.O. Box 40908, Olympia, Washington, 98504-0908.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-033 Earmarked contributionsReportingForm.
The official form for reporting the details surrounding an earmarked contribution, as required by RCW 42.17A.270, is designated "Special Report E," revised ((1/02)) 2/16. This report shall be filed within two working days of receiving a contribution earmarked for another candidate or committee. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504-0908.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-041 FormsSummary of total contributions and expenditures.
(1) The official form for reports of contributions and expenditures by candidates and political committees who use the "full" reporting option is designated "C-4," revised ((1/12)) 2/16, and includes Schedule A, revised 1/04, Schedule B, revised 1/04, Schedule C, revised 3/93, and Schedule L, revised 1/12.
(2) Copies of these forms are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington 98504-0908. Any paper attachments shall be on 8-1/2" x 11" white paper.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-19-020 Electronic filingMandatory filing.
(1) RCW 42.17A.245 mandates that persons satisfying the qualifying criteria in that section file all contribution and expenditure reports by electronic means.
(2) Persons filing by electronic means shall register with the PDC and receive a filer identification number and password. Filers must have a current C-1 Candidate Registration Statement or a C-1pc Committee Registration Statement ((and an original signature)) on file with the PDC prior to receiving a filer identification number.
(3) A filer subject to RCW 42.17A.245 shall file all PDC C-3 and C-4 reports and all appropriate schedules electronically in compliance with subsection (5) of this section.
(4) Any filer required to file electronically, but who files on paper, is in violation of RCW 42.17A.245 and may be subject to enforcement action unless the filer is a candidate who has sought and been granted an exception from electronic filing under WAC 390-19-050.
(5) A filer subject to electronic filing shall file reports using one of the following:
(a) The ORCA software (Online Reporting of Campaign Activity) provided free-of-charge by the PDC; or
(b) Any other electronic filing application provided or approved by the PDC.
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-20-130 Forms for statement of employment of legislators, state officers, and state employees.
The official form for statement of employment of legislators, state officers, and state employees as required by RCW 42.17A.645 is designated "L-7" revised ((1/12)) 2/16. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504-0908. Any paper attachments shall be on 8-1/2" x 11" white paper.
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