WSR 97-03-117
PROPOSED RULES
PUBLIC DISCLOSURE COMMISSION
[Filed January 21, 1997, 12:21 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-23-053.
Title of Rule: Amend WAC 390-16-041 Forms--Summary of total contributions and expenditures.
Purpose: Amend the summary contribution and expenditure form (C-4) to better track independent expenditures.
Statutory Authority for Adoption: RCW 42.17.370(1), 42.17.090 (1)(k).
Statute Being Implemented: RCW 42.17.090.
Summary: The summary contribution and expenditure form (C-4) would be amended to require political committees, including political parties and caucus committees, to indicate on the front of the form whether the report contains any independent expenditures supporting or opposing a state or local office candidate.
Reasons Supporting Proposal: To facilitate tracking by the public and the Public Disclosure Commission of independent expenditures, which have become increasingly prevalent since the enactment of contribution limits.
Name of Agency Personnel Responsible for Drafting and Implementation: Melissa Warheit and Vicki Rippie, 711 Capitol Way, Room 403, Olympia, WA, (360) 753-1111; and Enforcement: Melissa Warheit and Susan Harris, 711 Capitol Way, Room 403, Olympia, WA, (360) 753-1111.
Name of Proponent: Public Disclosure Commission, governmental.
Rule is necessary because of federal court decision, (in part), Colorado Republican Federal Campaign Committee v. FEC, 64 U.S.L.W. 4663 (6/26/96).
Explanation of Rule, its Purpose, and Anticipated Effects: As part of the campaign disclosure reporting process, political committees (including PACs, political parties, and caucus political committees) and candidates itemize expenditures of over $50 as part of the C-4 campaign disclosure report. One of the types of political committee expenditures that is becoming more popular since the passage of contribution limits in I-134 is independent expenditures that support or oppose a candidate for office. There is no special reporting of these independent expenditures. They only appear as part of the political committee's C-4 report. There are approximately two hundred fifty business and union PACs that may choose to make independent expenditures in lieu of or in addition to directly giving to candidates. Also, the political parties may now make independent expenditures since a ruling by the United States Supreme Court earlier this year held that parties may not be precluded by law from making such expenditures. Similarly, it does not appear that caucus political committees can be precluded from making independent expenditures.
One of the purposes of the disclosure law is to allow voters to learn before an election how much money an entity is spending to influence an election. In order to facilitate tracking of independent expenditures by the public and the Public Disclosure Commission, the commission proposes to adopt a rule requiring political committees, including PACs, political parties, and caucus political committees, to indicate on the front of the form whether the report contains any independent expenditures supporting or opposing a state or local office candidate.
Proposal Changes the Following Existing Rules: The proposal would amend WAC 390-16-041 Forms--Summary of total contributions and expenditures to require political committees to indicate on the front of the C-4 form whether the report contains any independent expenditures supporting or opposing a state or local candidate office.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposal would affect PACs, political parties, and caucus political committees. It would not affect businesses in an industry.
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: Evergreen Plaza Building, 711 Capitol Way, 2nd Floor Conference Room, Olympia, WA 98504, on February 25, 1997, at 9:00 a.m.
Submit Written Comments to: Vicki Rippie, Assistant Director, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, FAX (360) 753-1112, by February 14, 1997.
Date of Intended Adoption: February 25, 1997.
January 21, 1997
Melissa Warheit
Executive Director
AMENDATORY SECTION (Amending WSR 94-05-011, filed 2/3/94)
WAC 390-16-041 Forms--Summary 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 ((11/93)) 3/97, and
includes Schedule A, revised 11/93, Schedule B, revised 11/93, Schedule
C, revised 3/93, and Schedule L, revised 11/93.
(2) The official form for reports of contributions and expenditures by candidates and political committees who use the "abbreviated" reporting option is designated "C-4abb," revised 11/93.
(3) Copies of these forms are available at the commission office,
Room 403, Evergreen Plaza Building, Olympia, Washington 98504. Any
attachments shall be on 8-1/2" x 11" white paper.
[Open Style:Columns Off]
[Open Style:Columns On]
[Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-041, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-09-002, 390-16-041, filed 4/8/93, effective 5/9/93; 92-18-002, 390-16-041, filed 8/20/92, effective 9/20/92; 92-05-080, 390-16-041, filed 2/18/92, effective 3/20/92; 91-22-033, 390-16-041, filed 10/30/91, effective 11/30/91; 90-16-083, 390-16-041, filed 7/31/90, effective 8/31/90; 89-20-068, 390-16-041, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), 390-16-041, filed 3/26/86; 86-04-071 (Order 86-01), 390-16-041, filed 2/5/86; 84-05-018 (Order 84-01), 390-16-041, filed 2/10/84; 82-11-026 (Order 82-03), 390-16-041, filed 5/10/82; 82-02-007 (Order 81-04), 390-16-041, filed 12/28/81; Order 91, 390-16-041, filed 7/22/77; Order 62, 390-16-041, filed 8/26/75; Order 60, 390-16-041, filed 7/16/75.]