Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.17.370(1).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During a legislative session and the thirty days before and after session as well as during any special session, RCW 42.17.710 prohibits a state official or a person employed by or acting on behalf of a state official from soliciting or accepting contributions to a public office fund, a candidate or candidate's authorized committee or to retire a campaign debt.

In September of 1997, the Washington Supreme Court issued a decision interpreting this statute. On December 9, 1997, the commission adopted, on an emergency basis, an amendment to WAC 390-17-400 implementing the court's decision. That amendment expired in April of 1998. The commission will, in the near future, determine whether a permanent rule is warranted. The rule would clarify the court's finding that caucus political committees may solicit or accept contributions during a legislative freeze period so long as those contributions are not used to benefit incumbent officials or individuals who become candidates during the freeze period.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The commission is expected to discuss whether to move forward with permanent revisions to WAC 390-17-400 at its meeting on August 25, 1998, and public comment will be welcome at that time.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Public Disclosure Commission Assistant Director Vicki Rippie at P.O. Box 40908, Olympia, WA 98504, 711 Capitol Way, Room 403, (360) 586-4838, fax (360) 753-1112, e-mail pdc@wln.comm. A public hearing on any proposed change will likely occur on Tuesday, October 27, 1998. Public testimony will be welcome at that time, or written comment may be submitted by October 16, 1998, for consideration at the hearing.

July 30, 1998

Melissa Warheit

Executive Director