Preproposal statement of inquiry was filed as WSR 00-16-140.
Title of Rule: WAC 390-16-044 Statewide ballot issue signature gathering expenses -- Reporting.
Purpose: To repeal this rule.
Statutory Authority for Adoption: RCW 42.17.370(1).
Statute Being Implemented: RCW 42.17.090 (1)(g).
Summary: The original intent of the rule was to publicly disclose detailed information on expenditures for the purpose of soliciting or procuring signatures on petitions to place an initiative or referendum on a state-wide ballot. The rule required the disclosure of the name and address of persons hired by vendors to gather signatures along with the amount paid to each and the date of payment.
Reasons Supporting Proposal: Consistent with the 9th Circuit Court of Appeals decision in (WIN) Washington Initiatives Now v. Vicki Rippie, the commission intends to repeal WAC 390-16-044 since both the statutory language in RCW 42.17.090 (1)(g) and the rule have been found to violate the First Amendment.
Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-8853.
Name of Proponent: Public Disclosure Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Repeal of WAC 390-16-044 is warranted because both RCW 42.17.090 (1)(g) and this rule were found unconstitutional.
Proposal Changes the Following Existing Rules: The existing rule is proposed for repeal.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The repeal of this rule would only affect a small business that employs others to secure signatures on petitions to place an initiative or referendum on a state-wide ballot.
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 the Joint Administrative Rules Review Committee has not made section 201 applicable to this rule adoption.
Hearing Location: Commission Hearing Room, Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA, on October 24, 2000, at 9:00 a.m.
Assistance for Persons with Disabilities: Ruthann Bryant, (360) 753-1111.
Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112, by October 20, 2000.
Date of Intended Adoption: October 24, 2000.
September 20, 2000
The following section of the Washington Administrative Code is repealed:
|WAC 390-16-044||Statewide ballot issue signature gathering expense|