WSR 13-03-081

AGENDA

PUBLIC DISCLOSURE COMMISSION


[ Filed January 15, 2013, 9:51 a.m. ]


Agenda for Rules Under Development

January - June 2013



     Agency Contact: Lori Anderson, Communications and Training Officer, P.O. Box 40908, Olympia, WA 98504-0908, phone (360) 664-2737, toll free 1-877-601-2828, fax (360) 753-1112, e-mail landerson@pdc.wa.gov.

     In accordance with RCW 34.05.314, the public disclosure commission (the commission) submits this semi-annual agenda for rules under development.


     1. Topic: Contribution limits.

     Status: WAC 390-05-400 was amended November 7, 2012, on an emergency basis to insert and adjust contribution limits for school board candidates (enacted by chapter 202, Laws of 2012, effective June 7, 2012) in accordance with adjustments made to other candidate contribution limits made earlier in 2012. A January 24, 2013, public hearing is scheduled where the commission will consider adopting the amendment on a permanent basis.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: Chapter 202, Laws of 2012, RCW 42.17A.125 and 42.17A.405.

     WAC Cite: WAC 390-05-400 Changes in dollar amounts.


     2. Topic: Enforcement procedures.

     Status: The commission may review and revise procedures for submitting information prior to enforcement hearings. Additionally, proposed WAC 390-37-182, which describes factors the commission may consider when assessing a penalty, has been filed with the code reviser with notice of a January 24, 2013, public hearing.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.755.

     WAC Cite: WAC 390-37-030 Enforcement procedures -- Citizen complaints filed with the commission and 390-37-136 Production of documents and use at hearing and other hearing procedures (adjudicative proceedings); and (proposed) new WAC 390-37-182.


     3. Topic: Informal settlement procedures.

     Status: Informal settlement procedures may be reviewed and revised.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 34.05.060.

     WAC Cite: WAC 390-37-090.


     4. Topic: Definition of "officer" for purposes of RCW 42.17A.710 (1)(g).

     Status: The commission may convert PDC Interpretation 91-01 to a rule. Preproposal filed and draft language approved. On hold pending determination of whether changes to the personal financial affairs statement are necessary - language could be incorporated into the form rather than adopted as a separate rule. See #5 below for possible alternative plan.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.710.

     WAC Cite: (Proposed) new WAC 390-24-150.


     5. Topic: Personal financial affairs statement (Forms F-1 and/or F-1 supplement forms).

     Status: Feedback from filers/users may result in changes being made to the F-1 and F-1 supplement.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.710.

     WAC Cite: WAC 390-24-010.


     6. Topic: Electronic filing - Reporting threshold.

     Status: The commission may review and revise factors that determine when a campaign must begin electronically filing disclosure reports upon reaching the triggering threshold.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.245.

     WAC Cite: WAC 390-19-030.


     7. Topic: Political advertising.

     Status: The commission may review and revise rules related to political advertising, including but not limited to sponsor identification requirements and defining "mass communication" as it relates to the statutory definition of political advertising.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.005 and 42.17A.320.

     WAC Cite: Chapter 390-18 WAC.


     8. Topic: Volunteer services.

     Status: The commission may consider amending its rule defining volunteer services (what is not a contribution).

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.005.

     WAC Cite: WAC 390-17-405.


     9. Topic: Executive director's duties.

     Status: The executive director's duties may be updated.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.110.

     WAC Cite: WAC 390-12-200.


     10. Topic: Public disclosure commission -- Organization and structure -- Officers and terms.

     Status: The commission may consider updating its rule setting out officers to reflect the current structure.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.100.

     WAC Cite: WAC 390-12-170.


     11. Topic: Definition -- Professional staff member.

     Status: The commission may consider changing dates for commission approval of house, senate, and governor's office submission of professional staff members subject to personal financial disclosure.

     Statutory Authority: RCW 42.17A.110(1).

     Statute Being Implemented: RCW 42.17A.700 and 42.17A.705.

     WAC Cite: WAC 390-24-160.


     A complete listing of rule-making activity from 1999 to present can be found on the public disclosure commission web site at www.pdc.wa.gov under rule-making activity.