WSR 07-21-042

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed October 10, 2007, 12:02 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-16-001.

Title of Rule and Other Identifying Information: Amend WAC 390-05-400 Changes to dollar amounts as prescribed in RCW 42.17.690 and new rule WAC 390-05-225 relating to registered voter counts for the purposes of chapter 42.17 RCW.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on December 6, 2007, at 10:30 a.m.

Date of Intended Adoption: December 6, 2007.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504-0908, e-mail dellis@pdc.wa.gov, fax (360) 753-1112, by December 3, 2007.

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: To amend existing dollar limits for inflation in accordance with RCW 42.17.690 and include adjustments to limits on contributions to candidates seeking election to port districts and county offices in jurisdictions having over 200,000 registered voters. Also, adjusting limits on contributions to candidates seeking any judicial office in accordance with RCW 42.17.645.

New rule WAC 390-05-225 would bring uniformity on how the number of registered voters is calculated for PDC purposes by not including "inactive voters" as required under RCW 29A.08.130(2).

Reasons Supporting Proposal: To adjust contribution limits based on changes in economic conditions and provide uniformity on the count of registered voters provided by county auditors.

Statutory Authority for Adoption: RCW 42.17.370(1) and 42.17.690.

Statute Being Implemented: RCW 42.17.640, 42.17.645, 42.17.030, and 42.17.405.

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: The rule amendment is designed to conform to the provisions in RCW 42.17.690 requiring the commission, at the beginning of each even-numbered calendar year, to adjust dollar amounts in RCW 42.17.640 and 42.17.645 based on changes in economic conditions.

The new rule is designed to provide guidance to county auditors and provide uniformity in calculating the count of registered voters for the purposes under chapter 42.17 RCW.

Name of Proponent: PDC, 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 these rule amendments has minimal impact on 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 the adoption of these rules pursuant to subsection (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 application [applicable] to the adoption of these rules.

October 10, 2007

Vicki Rippie

Executive Director

OTS-1104.1


AMENDATORY SECTION(Amending WSR 07-07-005, filed 3/8/07, effective 4/8/07)

WAC 390-05-400   Changes in dollar amounts.   Pursuant to the requirement in RCW 42.17.690 that the commission biennially revise the dollar amounts found in Initiative 134 and RCW 42.17.645 to reflect changes in economic conditions, the following revisions are made:


Code Section Subject Matter Amount Enacted or Last Revised ((2006)) 2008 Revision

.020

Definition of "Independent
Expenditure" $ ((675)) 700 $ ((700)) 800
.125 Reimbursement of candidate for loan to
own campaign $ ((4,000)) 4,300 $ ((4,300)) 4,700
.180(1) Report --
Applicability of provisions to
Persons who made contributions $ ((13,500)) 14,500 $ ((14,500)) 16,000
Persons who made independent
expenditures $ ((675)) 700 $ ((700)) 800
.640(2) Contribution Limits--
Candidates for state leg. office $ 700 $ 800
Candidates for county office $ 700 $ 800
Candidates for other state office $ 1,400 $ 1,500
Candidates for special purpose districts $ 1,400 $ 1,500
.640(3) Contribution Limits--
State official up for recall or pol comm.
supporting recall--
State Legislative Office $ 700 $ 800
Other State Office $ 1,400 $ 1,500
.640(4) Contribution Limits--
Contributions made by political parties
and caucus committees
State parties and caucus committees .70 per voter .80 per registered voter
County and leg. district parties .35 per voter .40 per registered voter
Limit for all county and leg. district
parties to a candidate .35 per voter .40 per registered voter
.640(5) Contribution Limits--
Contributions made by pol. parties and caucus
committees to state official up for recall or
committee supporting recall
State parties and caucuses .70 per voter .80 per registered voter
County and leg. district parties .35 per voter .40 per registered voter
Limit for all county and leg. district parties
to state official up for recall or pol. comm.
supporting recall .35 per voter .40 per registered voter
.640(7) Limits on contributions to political parties
and caucus committees
To caucus committee $ 700 $ 800
To political party $ 3,500 $ 4,000
.645(1) Candidates for judicial office $ 1,400 $ 1,500
.740 Contribution must be made by
written instrument $ ((65)) 70 $ ((70)) 80

[Statutory Authority: RCW 42.17.370. 07-07-005, 390-05-400, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370 and 42.17.690. 06-07-001, 390-05-400, filed 3/1/06, effective 4/1/06. Statutory Authority: RCW 42.17.690. 03-22-064, 390-05-400, filed 11/4/03, effective 1/1/04. Statutory Authority: RCW 42.17.370 and 42.17.690. 01-22-050, 390-05-400, filed 10/31/01, effective 1/1/02. Statutory Authority: RCW 42.17.370(1). 00-04-058, 390-05-400, filed 1/28/00, effective 3/1/00. Statutory Authority: RCW 42.17.690. 98-08-069, 390-05-400, filed 3/30/98, effective 5/1/98; 96-04-021, 390-05-400, filed 1/30/96, effective 3/1/96.]

OTS-1103.1


NEW SECTION
WAC 390-05-225   Registered voters -- Count or number of.   In accordance with RCW 29A.08.130, for purposes of chapter 42.17 RCW and TITLE 390 WAC, the count or number of registered voters shall not include inactive voters.

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Washington State Code Reviser's Office