WSR 06-15-104



[ Filed July 17, 2006, 12:07 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-11-010.

Title of Rule and Other Identifying Information: WAC 390-16-050 Forms for contributions and expenditures of out-of-state political committees and 390-05-522 Place of business -- Definition, rules relating to the reporting requirements under chapter 348, Laws of 2006.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on August 24, 2006, at 10 a.m.

Date of Intended Adoption: August 24, 2006.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504-0908, e-mail, fax (360) 753-1112, by August 22, 2006.

Assistance for Persons with Disabilities: Contact Kami Madsen by phone (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In order to clarify and provide guidance to filers, WAC 390-05-522 defines "a place of business in the state of Washington" for purposes of the $25 threshold (RCW 42.17.093 (1)(f)) to be corporations that are headquartered, or have a primary place of business, in Washington.

WAC 390-16-050 amends PDC Form C-5 to reflect the changes specified in the session law. These changes include:

1. The disclosure of the name, address and employer of each person or corporation residing outside the state of Washington who has contributed $2,500 or more to the out-of-state committee during the current calendar year;

2. Changing the due date from the 20th of the month to the 10th of the month for activity in the previous month;

3. Removing the exemption for federal PACs filing with the Federal Election Commission and including reference to out-of-state federal PACs in the filing instructions; and

4. Applying the definition of "place of business in Washington state" pursuant to WAC 390-05-522.

Reasons Supporting Proposal: To comply with statutory changes under chapter 348, Laws of 2006.

Statutory Authority for Adoption: RCW 42.17.370.

Statute Being Implemented: Chapter 348, Laws of 2006.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: WAC 390-05-522 and 390-16-050 are designed to provide clarification and guidance to candidates and out-of-state political committees on the filing requirements under chapter 348, Laws of 2006.

Name of Proponent: Public disclosure commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this new rule and rule amendments impacts candidates and political committees, not small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to these rules pursuant to subsection (5)(a)(i) of section 201, and, to date, the Joint Administrative Rules Review Committee has not made section 201 application to these rule adoptions.

June 29, 2006

Vicki Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 04-01-131, filed 12/18/03, effective 1/18/04)

WAC 390-16-050   Forms for contributions and expenditures of out-of-state political committees.   The official form for the report required by RCW 42.17.093 of contributions and expenditures of an out-of-state political committee organized for the purpose of supporting or opposing candidates or ballot propositions in another state that is not otherwise required to report under RCW 42.17.040 through 42.17.090 is designated "C-5," revised ((1/04)) 8/06. Copies of this form are available 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.



[Statutory Authority: RCW 42.17.370(1). 04-01-131, 390-16-050, filed 12/18/03, effective 1/18/04; 02-12-007, 390-16-050, filed 5/23/02, effective 6/23/02; 02-03-018, 390-16-050, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-050, filed 2/3/94 effective 3/6/94. Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-050, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-050, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-050, filed 5/10/82; Order 77, 390-16-050, filed 6/2/76; Order 62, 390-16-050, filed 8/26/75; Order 6, 390-16-050, filed 3/23/73.]


WAC 390-05-522   Place of business -- Definition.   (1) "A place of business in the state of Washington" as that term is used in RCW 42.17.093 (1)(f) means the business is headquartered in or has a primary place of business in Washington state.

For example, if a national corporation headquartered outside of Washington state has retail outlets in Washington and that national corporation contributes two hundred fifty dollars to an out-of-state political committee that is subject to reporting under RCW 42.17.093, the out-of-state committee is not required to disclose the national corporation as a contributor under RCW 42.17.093 (1)(f).


Washington State Code Reviser's Office