WSR 97-05-023

PROPOSED RULES

COMMITTEE ON

JUDICIAL CONDUCT

[Filed February 10, 1997, 1:33 p.m.]

Supplemental Notice to WSR 96-21-130.

Preproposal statement of inquiry was filed as WSR 96-06-047.

Title of Rule: Substantive ethical rules.

Purpose: Adopt rules regarding the definition of "measurable expenditure of public funds" pursuant to RCW 42.52.180 (2)(b). Proposed rules regarding occasional use of state resources of de minimus cost and value pursuant to RCW 42.52.160(3) are withdrawn.

Statutory Authority for Adoption: RCW 42.52.180 (2)(b) and 42.52.370.

Statute Being Implemented: RCW 42.52.180 (2)(b).

Summary: The rules define "measurable expenditures."

Reasons Supporting Proposal: RCW 42.52.180 (2)(b) provides for commission action on definitions.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Akana, Commission on Judicial Conduct, P.O. Box 1817, Olympia, WA 98507, (360) 753-4585.

Name of Proponent: Commission on Judicial Conduct, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: RCW 42.52.180(2) provides that the commission adopt a definition of "measurable expenditures."

Proposal does not change existing rules. There is no existing rule applicable to officers and employees of the judicial branch of state government.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules do not regulate private business. The rules will have no economic impact on small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The commission is not an agency subject to RCW 34.05.328(5). These rules relate to internal governmental operations that are not subject to violation by a nongovernmental party.

Hearing Location: Sea-Tac Holiday Inn, 17338 Pacific Highway South, SeaTac, WA 98188, on June 6, 1997, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Kathy Sullivan by May 30, 1997, TDD (360) 753-4585.

Submit Written Comments to: FAX (360) 586-2918, by May 30, 1997.

Date of Intended Adoption: June 6, 1997.

February 10, 1997

David Akana

Executive Director

CHAPTER 292-11 WAC


AGENCY SUBSTANTIVE RULES




NEW SECTION

WAC 292-11-010 Purpose of this chapter. The purpose of this chapter is to provide substantive rules implementing the Ethics in Public Service Act (chapter 42.52 RCW). The substantive rules in this chapter are intended to apply to all state employees of the judicial branch of state government, including "judges" as defined in the Commission On Judicial Conduct Rules of Procedure (CJCRP).

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NEW SECTION

WAC 292-11-020 Definitions. (1) The term "measurable expenditure" as used in RCW 42.52.180 (2)(b) shall mean an expenditure or consumption of public resources having more than a de minimis cost and value.

(2) As used herein, the term "de minimis cost and value" shall refer to a cost and/or value of the actual use of public resources that is sufficiently small to be reasonably disregarded as negligible or trifling.

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