WSR 08-21-160



[ Filed October 22, 2008, 9:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-14-167.

Title of Rule and Other Identifying Information: Amends 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.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA, on December 4, 2008, at 9:30 a.m.

Date of Intended Adoption: December 4, 2008.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504-0908, e-mail, fax (360) 753-1112, by November 24, 2008.

Assistance for Persons with Disabilities: Contact Nicole Stauffer by phone (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to WAC 390-16-310 are needed to conform to Section 1303 of 2SHB 3104 that requires state agencies to adopt rules to implement the legislation by January 2009. The rule includes domestic partner when referencing spouse or other immediate family members and clarifies contribution limitations under RCW 42.17.640 and 42.17.645.

Reasons Supporting Proposal: To implement 2SHB 3104.

Statutory Authority for Adoption: RCW 42.17.370 and 2SHB 3104, Section 1303.

Statute Being Implemented: Chapter 6, Laws of 2008, RCW 42.17.105, 42.17.640, and 42.17.645.

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: The amended rule is designed to clarify the definition and use of "domestic partner" for purposes of public disclosure and to clarify limitations on contributions.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this rule amendment has minimal impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to the adoption of this rule pursuant to subsection (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 application [applicable] to the adoption of this rule.

October 22, 2008

Vicki Rippie

Executive Director


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