Effective Date of Rule: Immediately.
Purpose: Amend WAC 390-17-305 to clarify that candidates can use, as personal funds of the candidate, his or her portion of assets owned jointly with a domestic partner.
Citation of Existing Rules Affected by this Order: Amending WAC 390-17-305.
Statutory Authority for Adoption: RCW 42.17.370.
Other Authority: 2SHB 3104, section 1303.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: In adopting 2SHB 3104 (chapter 6, Laws of 2008) the legislature defined domestic partner as part of an individual's "immediate family." To preserve the general welfare and given the timing restriction for rule making in RCW 42.17.370(1), the amended rule is needed immediately for the 2008 election season to clarify that assets owned jointly with a domestic partner may also be used as personal funds of a candidate.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 26, 2008.
AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93, effective 8/30/93)
WAC 390-17-305 Personal funds of a candidate. (1) The personal funds of a candidate include:
(a) Assets which the candidate has legal access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy;
(b) Income from employment;
(c) Dividends and proceeds from stocks and other investments;
(d) Income from trusts, if established before candidacy;
(e) Income from trusts established from bequests, even if established after candidacy;
(f) Personal gifts, if customarily received; and
(g) Proceeds from lotteries and similar games of chance.
(2) A candidate may also use, as personal funds, his or her portion of assets owned jointly with a spouse or domestic partner. If the candidate's financial interest is not specified, then the candidate's share is deemed to be half the value of the asset.
(3) If any person gives or loans the candidate funds in connection with his or her campaign, the funds are not considered personal funds of the candidate. Such funds are considered a contribution under chapter 42.17 RCW unless the loan meets the exemption provided in RCW 42.17.720(3).
[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-305, filed 7/30/93, effective 8/30/93.]