Original Notice.

Preproposal statement of inquiry was filed as WSR 01-16-127.

Title of Rule: Title 390 WAC, rule amendment to reflect biennial changes in the Initiative 134 dollar threshold under WAC 390-05-400.

Purpose: To eliminate the need to amend WAC 390-16-071 when the commission adjusts contribution limits to reflect changes in economic conditions.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.180.

Summary: The proposed rule change would amend WAC 390-16-071 to reference WAC 390-05-400 rather than a specific dollar amount.

Reasons Supporting Proposal: The approach embodied in the proposed amendment is more efficient.

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 change incorporates a reference to WAC 390-05-400 in WAC 390-16-071 rather than a specific dollar amount. The proposed change would eliminate the need to revise WAC 390-16-071 when the commission adjusts the Initiative 134 dollar amounts in accordance with RCW 42.17.690.

Proposal Changes the Following Existing Rules: The proposed change is not substantive. It simply references the dollar amounts contained in another rule rather than specifying those dollar amounts.

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 Byrant by telephone (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 17, 2001

Vicki Rippie

Executive Director

OTS-5195.2

AMENDATORY SECTION(Amending WSR 98-01-062, filed 12/11/97, effective 1/11/98)

WAC 390-16-071   Annual report of major contributors and persons making independent expenditures.   (([(1)])) (1) Any person, other than an individual (([(1)])) (a) who made contributions to state office candidates and statewide ballot proposition committees totaling more than (($10,000 in)) the aggregate amount during the preceding calendar year for contributions referenced in WAC 390-05-400, code section .180(1), or (([(2)])) (b) who made independent expenditures regarding state office candidates and statewide ballot propositions totaling more than (($500 in)) the aggregate amount during the preceding calendar year for independent expenditures referenced in WAC 390-05-400, code section .180(1), shall file with the commission an annual report required pursuant to RCW 42.17.180. This report shall not be required of a lobbyist employer filing an annual L-3 report pursuant to RCW 42.17.180 or of a candidate's authorized committee or a political committee provided the information has been properly reported pursuant to RCW 42.17.080 and .090.

(2) The report is entitled "Special Political Expenditures" and is designated ((with PDC form number)) "C-7" revised ((1/98)) 1/02.

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[Statutory Authority: RCW 42.17.370(1) and 42.17.180 (1)(h). 98-01-062, 390-16-071, filed 12/11/97, effective 1/11/98. Statutory Authority: RCW 42.17.390. 95-01-074A, 390-16-071, filed 12/16/94, effective 1/16/95; 94-11-016, 390-16-071, filed 5/5/94, effective 6/5/94.]

Washington State Code Reviser's Office