WSR 16-06-090 PROPOSED RULES PUBLIC DISCLOSURE COMMISSION [Filed February 29, 2016, 4:11 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-21-176.
Title of Rule and Other Identifying Information: New WAC 390-17-019 Contribution limits to affiliated committees.
Hearing Location(s): 711 Capitol Way, Room 206, Olympia, WA, on April 28, 2016, at 9:30 a.m.
Date of Intended Adoption: April 28, 2016.
Submit Written Comments to: Lori Anderson, P.O. Box 40908, Olympia, WA 98504-0908 (mail), 711 Capitol Way, Room 206, Olympia, WA (physical), e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by April 20, 2016.
Assistance for Persons with Disabilities: Contact Jana Greer by phone (360) 586-0544.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarifies that multiple committees established, maintained or controlled by a candidate subject to the limits set out in RCW 42.17A.405 or 42.17A.410 are affiliated for the purpose of receiving contributions from a particular contributor. Also clarifies that a caucus campaign committee and any other political committee established, maintained, or controlled primarily by the same legislative caucus as a whole, or the officers of the caucus, are affiliated for the purpose of receiving contributions. The proposal excludes ballot measure committees.
Reasons Supporting Proposal: After contribution limits were enacted by Initiative 134 in 1992, the public disclosure commission determined that multiple political committees established, maintained, or controlled by a person subject to limits were affiliated for the purpose of receiving contributions from a single source. The policy has become accepted practice and the commission now wishes to set it in rule to continue preventing contributors from circumventing limits through contributions made to various committees controlled by a person subject to limits.
Statutory Authority for Adoption: RCW 42.17A.110(1).
Statute Being Implemented: RCW 42.17A405 [42.17A.405] and 42.17A.410.
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: No increased costs to the agency are expected.
Name of Agency Personnel Responsible for Drafting: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; Implementation and Enforcement: Evelyn Lopez, Executive Director, 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 businesses. The public disclosure commission (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)(a)(i) of RCW 34.05.328. Further, PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.
February 29, 2016
Lori Anderson
Communications and
Training Officer
NEW SECTION
WAC 390-17-019 Contribution limits to affiliated committees.
(1) Intent. The public disclosure commission enforces campaign contribution limits and other provisions of chapter 42.17A RCW. The commission finds that persons subject to contribution limits may establish, maintain, or control multiple political committees. This rule sets out which committees, excluding ballot measure committees, are affiliated for the purpose of receiving contributions.
(2) Persons subject to contribution limits may not circumvent those limits through contributions made to the various committees controlled by that person.
(3) The following committees are affiliated for purposes of this rule:
(a) The authorized committee of a candidate subject to contribution limits set out in RCW 42.17A.405 or 42.17A.410 and any other political committee established, maintained, or controlled primarily by that candidate are affiliated for the purpose of receiving contributions.
(b) A caucus campaign committee and any other political committee established, maintained, or controlled primarily by the same legislative caucus as a whole or the officers of that caucus are affiliated for the purpose of receiving contributions.
(4) As used in this rule, the terms "established, maintained, or controlled" means the ability to direct or participate, other than through a vote as a member, in the governance of another entity through provisions of constitution, bylaws, contract or other formal or informal procedure.
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