WSR 17-01-161 PERMANENT RULES PUBLIC DISCLOSURE COMMISSION [Filed December 21, 2016, 10:03 a.m., effective January 21, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: The commission revises WAC 390-16-234 that authorizes a candidate to transfer campaign funds to another candidate for the purpose of making joint campaign expenditures to impose a deadline for the transfer of two business days from the date the expenditure is made.
Citation of Existing Rules Affected by this Order: Amending 1 [WAC 390-16-234].
Statutory Authority for Adoption: RCW 42.17A.110.
Adopted under notice filed as WSR 16-21-035 on October 11, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 8, 2016.
Jana Y. Greer
Executive Assistant
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-234 Transfers of ((surplus and nonsurplus)) candidate funds.
(1) ((One candidate may reimburse another for the former's proportionate share of documented and properly reported joint campaign expenses without the transaction constituting a "transfer" within the meaning of RCW 42.17A.430.)) Candidates are encouraged to directly pay to a vendor their proportionate share of joint campaign expenses. When separate, direct payments are not possible, one candidate may transfer campaign funds to another candidate without violating RCW 42.17A.430(8): Provided, That:
(a) The transferred funds are used exclusively for the joint expenditure;
(b) The amount may not exceed the prorated share attributable to the candidate who transfers the funds;
(c) The funds are transferred within two business days of the expenditure;
(d) Any transferred funds not used for the joint expenditure are returned no later than one business day after the expenditure is made; and
(e) The purpose of the transferred funds is timely disclosed as would be required for a direct expenditure.
(2) Candidate surplus funds may be transferred without limit to a bona fide political party or to a caucus political committee.
(3) Except as provided in subsections (1) and (2) of this section, no candidate or candidate's authorized committee may transfer surplus or nonsurplus funds to any other candidate or political committee.
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