Date of Adoption: May 26 , 2004.
Purpose: This amendment further defines personal use of campaign funds.
Citation of Existing Rules Affected by this Order: Amending WAC 390-16-238 Personal use of contributions -- Standard.
Statutory Authority for Adoption: RCW 42.17.370(1).
Adopted under notice filed as WSR 04-08-086 on April 6, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
May 27, 2004
AMENDATORY SECTION(Amending WSR 94-07-141, filed 3/23/94, effective 4/23/94)
WAC 390-16-238 Personal use of contributions -- Standard. (1) Except as specifically allowed by chapter 42.17 RCW, any expenditure of a candidate's campaign funds that is not directly related to the candidate's election campaign is a ((
prohibited)) personal use of campaign funds prohibited under
(2) An expenditure of a candidate's campaign funds shall be considered personal use if it fulfills or pays for any commitment, obligation or expense that would exist irrespective of the candidate's election campaign.
(3) If an activity or expenditure is both personal and campaign related, the campaign may pay no more than the fair market value of its share of the activity or expenditure. For example, if a candidate uses a personal vehicle for campaign purposes, the campaign may reimburse the candidate for:
(a) The prorated share of documented gasoline, maintenance and insurance costs directly related to the campaign's usage of the vehicle; or
(b) The standard mileage rate established by the Internal Revenue Service for those documented miles directly related to the campaign's usage.
(4) Examples of expenditures presumed to be for personal use include, but are not limited to:
(a) Mortgage, rent, utility or maintenance expenses for personal living accommodations;
(b) Clothing purchases and maintenance expenses not related to the campaign;
(c) Automobile expenses not related to the campaign;
(d) Travel expenses not related to the campaign;
(e) Household food items;
(f) Restaurant expenses except for in-person fund-raising or campaign organizational activities;
(g) Tuition payments not related to the campaign;
(h) Admission to sporting events, concerts, theaters, or other forms of entertainment unless the event is primarily related to the candidate's campaign;
(i) Country club membership fees, dues and payments;
(j) Health club or recreational facility membership fees, dues and payments;
(k) Social, civic, fraternal, or professional membership dues, fees and payments unless the expenditure occurs during an election year and membership is required to gain access to the organization's mailing list for campaign purposes or other facilities for the candidate's campaign;
(l) Home or business internet service provider costs;
(m) Home or business newspaper and periodical subscriptions;
(n) Greeting cards to persons who would customarily receive such cards (e.g., family, friends and business associates).
[Statutory Authority: RCW 42.17.390. 94-07-141, § 390-16-238, filed 3/23/94, effective 4/23/94.]