WSR 13-21-025
PROPOSED RULES
PUBLIC DISCLOSURE COMMISSION
[Filed October 7, 2013, 4:31 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-17-007.
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 our-of-state [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, December 5, 2013, at 9:30 a.m.
Date of Intended Adoption: December 5, 2013.
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 November 27, 2013.
Assistance for Persons with Disabilities: Contact Nancy Coverdell by e-mail Nancy.Coverdell@pdc.wa.gov, (360) 753-1980.
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 and (2) insert and adjust contribution limits for certain hospital commissioner candidates enacted by chapter 311, Laws of 2013, effective July 28, 2013. 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 the PDC's web site.
Reasons Supporting Proposal: The 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 meaures [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.4109, 42.17A.445(3), 42.17A.475, 47.17A.630(1) and 42.17A.250 (1)(g).
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 proposed amendments conform with 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: 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 these rule amendments has minimal impact on small business. The 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. The PDC is not an agency listed in subsection (5)(1)(i) [(5)(a)(i)] of RCW
34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subjection [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.
October 7, 2013
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 13-05-012, filed 2/7/13, effective 3/10/13)
WAC 390-05-400 Changes in dollar amounts.
Pursuant to the requirement in RCW
42.17A.125 that the commission biennially revise the dollar amounts found in Initiative 134 and RCW
42.17A.410 to reflect changes in economic conditions, the following revisions are made:
| | | | | |
Code Section | Subject Matter | Amount Enacted or Last Revised | ((2012)) 2014 Revision |
.005 | Definition of "Independent |
| Expenditure" | $((800)) 900 | $((900)) 950 |
.445(3) | Reimbursement of candidate for loan to |
| own campaign | $((4,700)) 5,000 | $((5,000)) 5,500 |
.630(1) | Report- |
| Applicability of provisions to |
| Persons who made contributions | $((16,000)) 18,000 | $((18,000)) 19,000 |
| Persons who made independent |
| expenditures | $((800)) 900 | $((900)) 950 |
.405(2) | Contribution Limits- |
| Candidates for state leg. office | $((800)) 900 | $((900)) 950 |
| Candidates for county office | $((800)) 900 | $((900)) 950 |
| Candidates for other state office | $((1,600)) 1,800 | $((1,800)) 1,900 |
| Candidates for special purpose districts | $((1,600)) 1,800 | $((1,800)) 1,900 |
| Candidates for city council office | $((800)) 900 | $((900)) 950 |
| Candidates for mayoral office | $((800)) 900 | $((900)) 950 |
| Candidates for school board office | $((800)) 900 | $((900)) 950 |
| Candidates for hospital district | $800 | $950 |
.405(3) | Contribution Limits- |
| State official up for recall or pol comm. |
| supporting recall- |
| State Legislative Office | $((800)) 900 | $((900)) 950 |
| Other State Office | $((1,600)) 1,800 | $((1,800)) 1,900 |
.405(4) | Contribution Limits- |
| Contributions made by political parties |
| and caucus committees |
| State parties and caucus committees | ((.80)) .90 per voter | ((.90)) .95 per registered voter |
| County and leg. district parties | ((.40)) .45 per voter | ((.45)) .50 per registered voter |
| Limit for all county and leg. district |
| parties to a candidate | ((.40)) .45 per voter | ((.45)) .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 | ((.80)) .90 per voter | ((.90)) .95 per registered voter |
| County and leg. district parties | ((.40)) .45 per voter | ((.45)) .50 per registered voter |
| Limit for all county and leg. district parties | | |
| to state official up for recall or pol. comm. | | |
| supporting recall | ((.40)) .45 per voter | ((.45)) .50 per registered voter |
.405(7) | Limits on contributions to political parties | | |
| and caucus committees | | |
| To caucus committee | $((800)) 900 | $((900)) 950 |
| To political party | $((4,000)) 4,500 | $((4,500)) 5,000 |
.410(1) | Candidates for judicial office | $((1,600)) 1,800 | $((1,800)) 1,900 |
.475 | Contribution must be made by | | |
| written instrument | $((80)) 90 | $((90)) 95 |
AMENDATORY SECTION (Amending WSR 12-11-033, filed 5/10/12, effective 6/10/12)
WAC 390-16-050 Forms for contributions and expenditures of out-of-state political committees.
The official form for the report required by RCW
42.17A.250 of contributions and expenditures of an out-of-state political committee organized for the purpose of supporting or opposing candidates or ballot propositions in another state that is not otherwise required to report under RCW
42.17A.205 through 42.17A.240 is designated "C-5," revised
((6/12)) 1/14. Copies of this form are available
on the commission's web site, www.pdc.wa.gov, and at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504-0908. Any paper attachments shall be on 8 1/2" x 11" white paper.
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