WSR 09-09-126

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed April 22, 2009, 9:37 a.m. , effective May 23, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend WAC 390-16-310 Limitations on contributions, to include the term "domestic partner" when referencing spouse or other immediate family members, to clarify contribution limits, to include the statutory reference to RCW 42.17.645, and to incorporate language clarifying that limited liability partnerships (LLP) and limited liability corporations (LLC) have a separate contribution limit from their individual members.

Citation of Existing Rules Affected by this Order: Amending WAC 390-16-310.

Statutory Authority for Adoption: RCW 42.17.370.

Adopted under notice filed as WSR 08-21-160 on October 22, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 4, 2008.

Vicki Rippie

Executive Director

OTS-2005.1


AMENDATORY SECTION(Amending WSR 05-06-070, filed 3/1/05, effective 4/1/05)

WAC 390-16-310   Limitations on contributions.   The limitations on contributions as provided in RCW 42.17.105(8) ((and RCW)), 42.17.640, and 42.17.645 shall be as follows:

(1)(a) The limitation on contributions in RCW 42.17.640 or 42.17.645 shall not apply to a "candidate" as that term is defined in RCW 42.17.020(((8))) when the candidate is contributing to his or her own campaign using his or her own personal funds as defined in WAC 390-17-305.

(b) The limitation on contributions in RCW 42.17.105(8), 42.17.640, or 42.17.645 shall apply to contributions to the candidate from the candidate's spouse, domestic partner or other immediate family members.

(2) ((The limitations on contributions shall apply separately to the contributions made by each spouse.)) Contributions by a husband and wife are considered separate contributions. Contributions by domestic partners are considered separate contributions.

(3) Emancipated minor children (children under 18 years of age) may make contributions which do not exceed the limitations on contributions and the contribution is properly attributed to the emancipated minor child if;

(a) The decision to contribute is made knowingly and voluntarily by the emancipated minor child;

(b) The funds, goods, or services contributed are owned or controlled exclusively by the emancipated minor child, such as income earned by the child, the proceeds of a trust for which the child is the beneficiary, or a savings account opened and maintained exclusively in the child's name; and

(c) The contribution is not made from the proceeds of a gift, the purpose of which was to provide funds to be contributed, or is not in any other way controlled by another person.

Contributions by emancipated minor children which do not meet these requirements and contributions by unemancipated minor children shall be considered contributions by the child's parents. Fifty percent of the contributions will be attributed to each parent, or in the case of a single custodial parent, the total amount is attributed to ((the)) that parent.

(4) Contributions from a business organized as a sole proprietorship and contributions from the owner of the sole proprietorship shall be aggregated for purposes of determining the limitations of contributions under RCW 42.17.105(8) ((and)), 42.17.640, or 42.17.645.

(5) The limitations on contributions shall apply separately to the contributions made by a partnership, limited liability partnership and limited liability corporation from the contributions made by an individual partner ((except that;)) or member. However, contributions made from or charged against the capital account of an individual partner, or member of a limited liability partnership or limited liability corporation shall be aggregated with the partner's or member's individual contributions for purposes of determining the limitations on contributions under RCW 42.17.105(8) ((and)), 42.17.640, or 42.17.645.

(6) The limitations on contributions in RCW 42.17.105(8), 42.17.640, and 42.17.645 shall apply separately to the contributions made by an entity (corporation, subsidiary or branch, national union and local unions, collective bargaining organizations and local units, membership organizations and local units and other organizations and their local units) ((pursuant to)) unless the ((standards set forth)) criteria in RCW 42.17.660 and WAC 390-16-309 are met.

[Statutory Authority: RCW 42.17.370. 05-06-070, 390-16-310, filed 3/1/05, effective 4/1/05. Statutory Authority: RCW 42.17.370(1). 96-05-001, 390-16-310, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.390. 94-11-016, 390-16-310, filed 5/5/94, effective 6/5/94. Statutory Authority: RCW 42.17.370. 93-16-064, 390-16-310, filed 7/30/93, effective 8/30/93; 92-05-079, 390-16-310, filed 2/18/92, effective 3/20/92; 90-20-088, 390-16-310, filed 9/28/90, effective 10/29/90.]

Washington State Code Reviser's Office