WSR 15-24-122

PROPOSED RULES

[Filed December 1, 2015, 5:16 p.m.]

Preproposal statement of inquiry was filed as WSR 15-19-112.

Title of Rule and Other Identifying Information: WAC 390-05-400 Changes in dollar amounts and 390-16-050 Forms for contributions and expenditures of out-of-state political committee.

Hearing Location(s): Office of the Public Disclosure Commission (PDC), 711 Capitol Way, Room 206, Olympia, WA 98504, on Thursday, January 28, 2016, at 9:30 a.m.

Date of Intended Adoption: January 28, 2016.

Submit Written Comments to: Lori Anderson, P.O. Box 40908, Olympia, WA 98504, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by January 20, 2016.

Assistance for Persons with Disabilities: Contact Jana Greer by e-mail Jana.Greer@pdc.wa.gov, (360) 753-1985.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In accordance with RCW 42.17A.125(1), proposed amendments to WAC 390-05-400(1) make inflationary adjustments to contribution limits and other dollar amounts found in chapter 42.17A RCW. These adjustments are made based on changes in economic conditions as reflected in the inflationary index recommended by the office of financial management.

In accordance with RCW 42.17A.250 [(1)](g), the proposed amendment to WAC 390-16-050 modifies the disclosure threshold for major contributions reported by an out-of-state political committee who participates in Washington state elections. The modification is based on the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the Bureau of Economic Analysis of the Federal Department of Commerce. The proposed amendment also declares that reports are available on PDC's web site.

Reasons Supporting Proposal: PDC proposes these adjustments in keeping with the people's declaration that campaign contributions be fully disclosed to the public and that secrecy is to be avoided. The adjustments are further proposed to comply with the statutory mandates to adjust, (1) at the beginning of every even-numbered year, contribution limits and the other dollar amounts set out in WAC 390-05-400 and (2) annually, the disclosure threshold defining which major contributions will be reported by an out-of-state committee making expenditures in support of or opposition to Washington state candidates and/or ballot measures.

Statutory Authority for Adoption: RCW 42.17A.110, 42.17A.125(1), and 42.17A.250 (1)(g).

Statute Being Implemented: RCW 42.17A.005(26), 42.17A.405, 42.17A.410, 42.17A.445(3), 42.17A.475, 47.17A.630(1), and 42.17A.250 (1)(g).

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposed amendments conform to statutory mandates that certain dollar amounts be adjusted for inflation at regular intervals. No fiscal impact is expected to result from these amendments.

Name of Proponent: PDC, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; and Enforcement: Evelyn Lopez, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735.

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 business. PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.

A cost-benefit analysis is not required under RCW 34.05.328. PDC is not an agency listed in subsection (5)(1)(i) of RCW 34.05.328. Further, PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subjection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.

December 1, 2015

Lori Anderson

Communications and

Training Officer

Code Section	Subject Matter	Amount Enacted or Last Revised		((2014)) 2016 Revision
.005	Definition of "Independent
	Expenditure"	$((900)) 950		$((950)) 1,000
.445(3)	Reimbursement of candidate for loan to
	own campaign	$((5,000)) 5,500		$((5,500)) 6,000
.630(1)	Report—
	Applicability of provisions to
	Persons who made contributions	$((18,000)) 19,000		$((19,000)) 20,000
	Persons who made independent
	expenditures	$((900)) 950		$((950)) 1,000
.405(2)	Contribution Limits—
	Candidates for state leg. office	$((900)) 950		$((950)) 1,000
	Candidates for county office	$((900)) 950		$((950)) 1,000
	Candidates for other state office	$((1,800)) 1,900		$((1,900)) 2,000
	Candidates for special purpose districts	$((1,800)) 1,900		$((1,900)) 2,000
	Candidates for city council office	$((900)) 950		$((950)) 1,000
	Candidates for mayoral office	$((900)) 950		$((950)) 1,000
	Candidates for school board office	$((900)) 950		$((950)) 1,000
	Candidates for hospital district	$((800)) 950		$((950)) 1,000
.405(3)	Contribution Limits—
	State official up for recall or pol comm.
	supporting recall—
	State Legislative Office	$((900)) 950		$((950)) 1,000
	Other State Office	$((1,800)) 1,900		$((1,900)) 2,000
.405(4)	Contribution Limits—
	Contributions made by political parties
	and caucus committees
	State parties and caucus  committees	((.90)) .95 per voter		((.95)) $1.00 per registered voter
	County and leg. district parties	((.45)) .50 per voter		.50 per registered voter
	Limit for all county and leg. district
	parties to a candidate	((.45)) .50 per voter		.50 per registered voter
.405(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	((.90)) .95 per voter		((.95)) $1.00 per registered voter
	County and leg. district parties	((.45)) .50 per voter		.50 per registered voter
	Limit for all county and leg. district parties
	to state official up for recall or pol. comm.
	supporting recall	((.45)) .50 per voter		.50 per registered voter
.405(7)	Limits on contributions to political parties
	and caucus committees
	To caucus committee	$((900)) 950		$((950)) 1,000
	To political party	$((4,500)) 5,000		$((5,000)) 5,500
.410(1)	Candidates for judicial office	$((1,800)) 1,900		$((1,900)) 2,000
.475	Contribution must be made by
	written instrument	$((90)) 95		$((95)) 100

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