PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-16-127.
Title of Rule: Title 390 WAC, rules applying to abbreviated and mini reporting and changes in the dollar threshold at which campaigns report occupation and employer information.
Purpose: To simplify and streamline the campaign reporting process for candidates and political committees.
Statutory Authority for Adoption: RCW 42.17.370(1).
Statute Being Implemented: RCW 42.17.370(8).
Summary: The proposed rule changes would repeal two rules, eliminate reference to PDC Form C-4abb, clarify the conditions for granting use of the new mini reporting option, change the title of the rule concerning reporting options, increase the threshold for reporting occupation and employer information and make the necessary changes to PDC Form C-3 to reflect the threshold change.
Reasons Supporting Proposal: The proposed amendments conform to rule changes eliminating the abbreviated reporting option under WAC 390-16-105 and instituting a campaign reporting system having only two options (mini and full) and relieve treasurers of the additional burden of obtaining occupation and employer information on individuals who contribute exactly $100 in the aggregate.
Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, Public Disclosure Commission, 711 Capitol Way, Room 206, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, Public Disclosure Commission, 711 Capitol Way, Room 206, 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: The proposed rule changes would conform with amendments to WAC 390-16-105 which change the name of abbreviated reporting to mini reporting and adjusts the threshold for using the new mini reporting option. The proposed rule changes would also increase the threshold for campaigns reporting an individual's occupation and employer name and address from $100 or more to a threshold of more than $100.
The proposed change from $100 or more to a threshold of more than $100 would relieve the burden on candidate and political committee treasurers from gathering additional information on individuals who contribute exactly $100.
Proposal Changes the Following Existing Rules: The proposed changes simplify and streamline the campaign reporting process for candidates and political committees.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rules does not impact small businesses.
RCW 34.05.328 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 23, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Ruthann Bryant by phone (360) 753-1111.
Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112, dellis@pdc.wa.gov, by October 19, 2001.
Date of Intended Adoption: October 23, 2001.
September 10, 2001
Vicki Rippie
Executive Director
OTS-5154.2
AMENDATORY SECTION(Amending WSR 94-05-011, filed 2/3/94
effective 3/6/94)
WAC 390-16-031
Forms for statement of contributions
deposit.
The official form for statement of contributions
deposit is designated "C-3," revised ((11/93)) 1/02. Copies of
this form are available at the Commission Office, Room ((403))
206, Evergreen Plaza Building, Olympia, Washington 98504. Any
attachments shall be on 8-1/2" x 11" white paper.
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[Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-031, filed 2/3/94 effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-09-002, 390-16-031, filed 4/8/93, effective 5/9/93; 89-20-068, 390-16-031, filed 10/4/89, effective 11/5/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-031, filed 2/5/86; 84-05-018 (Order 84-01), 390-16-031, filed 2/10/84; 82-11-026 (Order 82-03), 390-16-031, filed 5/10/82; 82-02-007 (Order 81-04), 390-16-031, filed 12/28/81; 81-14-038 (Order 81-02), 390-16-031, filed 6/29/81; Order 62, 390-16-031, filed 8/26/75; Order 60, 390-16-031, filed 7/16/75.]
[Statutory Authority: RCW 42.17.370(1). 96-05-001, 390-16-034, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-24-003, 390-16-034, filed 11/18/93, effective 12/19/93.]
(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, 711 Capitol Way, Room ((403)) 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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[Statutory Authority: RCW 42.17.370(1). 99-22-082, 390-16-041, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.370(1) and 42.17.090 (1)(k). 97-06-085, 390-16-041, filed 3/3/97, effective 4/3/97. 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.]
(1) ((The)) A candidate ((or political committee must))
shall, within fourteen days of ((the time of organization, or of
receipt of contributions or the making of expenditures, or of
reservation of space or facilities with intent to promote or
oppose a candidacy for office or with intent to promote or oppose
a ballot proposition, whichever comes first, file the C-1 or
C-1pc registration statement with the commission and the county
elections office. The statement shall declare that the candidate
or political committee will not exceed the expenditure limits set
out in WAC 390-16-105)) first:
(a) Receiving contributions, making expenditures, reserving space or facilities or purchasing commercial advertising space or broadcast time to promote his or her candidacy;
(b) Giving his or her consent to another person to take on behalf of the candidate any of the action in (a) of this subsection; or
(c) Announcing publicly or filing a declaration of candidacy with the appropriate elections official,
file the C-1 registration statement with the commission and his or her county elections office. The statement must declare that the candidate will not exceed the contribution or expenditure limits set out in WAC 390-16-105.
(2) A political committee shall, within fourteen days after its organization or after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, file the C-1pc registration statement with the commission and with the appropriate county elections office as specified below:
(a) For a political committee, the elections office of the county in which the treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston County; or
(b) For a continuing political committee, the elections office of the county in which the committee's in-state office or headquarters is located; if there is no in-state office or headquarters, the elections office of the county in which the committee treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston County.
(3) The statement filed under subsection (2) of this section shall declare that the political committee will not exceed the contribution or expenditure limits set out in WAC 390-16-105.
(4) In addition to complying with subsections (2) and (3) of this section, a continuing political committee shall also file a C-1pc between January 1 and January 31 for each year in which the committee intends to use the mini reporting system. Failure to file a new registration statement during January will automatically terminate the committee's entitlement to use the mini reporting system until such time as a new C-1pc is filed.
(((2) The)) (5) A candidate or political committee ((must,
throughout the ensuing election campaign,)) shall keep current
records in sufficient detail to allow the candidate or political
committee to make reports otherwise required by RCW 42.17.040
through 42.17.090 in the event that the filing of such reports
becomes necessary as a result of exceeding the contribution
((and)) or expenditure limitation((,)) pursuant to ((subsequent
permission of the commission)) the provisions of WAC 390-16-125.
(((3) The)) (6) A candidate or political committee treasurer
shall, during the eight days immediately preceding the date of
the election, maintain records of contributions and expenditures
current within one business day. These records shall be open for
public inspection during the hours designated on the registration
statement at the principal campaign headquarters or, if there is
no campaign headquarters, at ((the)) a local address of the
campaign treasurer or such other place as may be authorized by
the commission.
(((4))) (7) The records of contributions and expenditures
shall be ((open to)) available for audit or examination by
representatives of the public disclosure commission at any time
upon request from the commission.
[Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-115, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-115, filed 2/5/86; 82-14-016 (Order 82-04), 390-16-115, filed 6/28/82; Order 62, 390-16-115, filed 8/26/75.]
(1) If the application is made more than thirty days prior to the date of the election, the application will be considered approved without further action by the commission if the person making application submits:
(a) A PDC form C-1 or C-1pc indicating the intention of using the full reporting system provided by RCW 42.17.040 - 42.17.090;
(b) A PDC form C-3 and form C-4 with appropriate Schedules disclosing all contributions and expenditures reportable under RCW 42.17.090 for the election campaign or in the case of continuing political committees for the calendar year.
(c) A statement affirming that all known candidates for the office being sought have been notified personally of the application stating the manner and date of such notification. In the case of a ballot proposition, the statement shall affirm that the committee treasurer of all committees identifiable from the records of the county elections officer or public disclosure commission to be opposing or supporting the proposition have been notified personally of the application stating the manner and date of such notification.
(2) If the application is made within thirty days of the date of the election, the application shall be approved only by authorization of the commission executive director.
(a) Prior to such approval being granted, the executive director shall determine that the application contains those documents shown in subsection (1)(a), (b) and (c) above.
(b) The commission staff shall investigate why the applicable requirements were not complied with in the first instance and whether or not the probability of exceeding such limitations was reasonably foreseeable. If the investigation shows that the declaration by the candidate, committee or other person filed under WAC 390-16-115 was made in good faith and that the probability of exceeding such limitations was not reasonably foreseeable, the executive director will approve the reporting option change conditioned upon full future compliance with all applicable requirements of chapter 42.17 RCW.
(3) When one candidate or committee on either side of an
election campaign has ((applied for permission to exceed the
limitations of the exemption)) been approved to change reporting
options under subsection (1) above, all other candidates and/or
committees may change reporting options by meeting the
requirements of subsection (1)(a), (b)(([,])) and (c).
(4) Any person who knowingly or negligently causes or permits the limitations specified in these regulations to be exceeded shall be deemed to have violated the applicable provisions of RCW 42.17.040 - 42.17.090.
[Statutory Authority: RCW 42.17.370. 92-18-002, 390-16-125, filed 8/20/92, effective 9/20/92; 92-05-079, 390-16-125, filed 2/18/92, effective 3/20/92; 90-16-083, 390-16-125, filed 7/31/90, effective 8/31/90; 89-20-068, 390-16-125, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-125, filed 2/5/86; Order 91, 390-16-125, filed 7/22/77; Order 67, 390-16-125, filed 1/16/76; Order 62, 390-16-125, filed 8/26/75.]
The following sections of the Washington Administrative Code are repealed:
| WAC 390-16-120 | Abbreviated campaign reporting -- Times and place for filing reports C-1, C-1pc and C-4abb. |
| WAC 390-16-155 | Mini campaign reporting -- Exceeding limitations. |