WSR 98-01-062

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION

[Filed December 11, 1997, 12:31 p.m.]

Date of Adoption: December 9, 1997.

Purpose: Adjust for inflation the dollar code values and the reporting threshold used for reporting compensation payments made by lobbyist employers on their L-3 reports and by persons required to file the C-7 form, a special political expenditures report.

Citation of Existing Rules Affected by this Order: Amending WAC 390-20-110 and 390-16-071.

Statutory Authority for Adoption: RCW 42.17.370(1) and 42.17.180 (1)(h).

Adopted under notice filed as WSR 97-21-148 on October 22, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 11, 1997

Melissa Warheit

Executive Director

AMENDATORY SECTION (Amending WSR 96-01-103, filed 12/19/95)

WAC 390-20-110 Forms for lobbyist employers report. The official form for statement by employers of registered lobbyists as required by RCW 42.17.180 is designated "L-3," revised ((11/95)) 1/98. Copies of this form are available at the commission office 711 Capitol Way, Room 403, Evergreen Plaza Building, PO Box 40908, Olympia, Washington, 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 96-01-103, 390-20-110, filed 12/19/95, effective 1/19/96. Statutory Authority: RCW 42.17.390. 95-01-074A, 390-20-110, filed 12/16/94, effective 1/16/95. Statutory Authority: RCW 42.17.370. 93-04-072, 390-20-110, filed 1/29/93, effective 3/1/93; 90-22-018, 390-20-110, filed 10/29/90, effective 11/29/90. Statutory Authority: RCW 42.17.370(1). 87-05-001 (Order 87-01), 390-20-110, filed 2/5/87; 85-24-020 (Order 85-05), 390-20-110, filed 11/26/85; 84-05-018 (Order 84-01), 390-20-110, filed 2/10/84; Order 62, 390-20-110, filed 8/26/75.]

NOTES:

Reviser's note: Notice of Objection: The Joint Administrative Rules Review Committee finds that WAC 390-20-110 has not been modified, amended, withdrawn, or repealed by the Public Disclosure Commission so as to conform with the intent of the Legislature as expressed in RCW 42.17.170 and 42.17.180. Therefore, pursuant to its authority under RCW 34.04.240, this notice of objection is filed.

The Joint Committee finds that WAC 390-20-110 requires the disclosure of information from lobbyists' employers which RCW 42.17.170 specifically excludes from reporting by lobbyists. It is the opinion of the Joint Committee that the Commission is attempting to obtain information from lobbyists' employers which the Commission would not otherwise be able to obtain from lobbyists themselves. This would thwart the express intent of the Legislature that such information is inappropriate for reporting. WAC 390-20-110 would effectively neuter the reporting exemptions in RCW 42.17.170--the Commission would have the information. This is not what the Legislature intended. [Joint Administrative Rules Review Committee, Memorandum, August 16, 1984--Filed August 28, 1984, WSR 84-18-014.]

AMENDATORY SECTION (Amending WSR 95-01-074A, filed 12/16/94)

WAC 390-16-071 Annual report of major contributors and persons making independent expenditures. (1) Any person, other than an individual (a) who made contributions to state office candidates and statewide ballot proposition committees totaling more than $10,000 in the aggregate during the preceding calendar year, or (b) who made independent expenditures regarding state office candidates and statewide ballot propositions totaling more than $500 in the aggregate during the preceding calendar year, shall file with the commission an annual report required pursuant to RCW 42.17.180. This report shall not be required of a lobbyist employer filing an annual L-3 report pursuant to RCW 42.17.180 or of a candidate's authorized committee or a political committee provided the information has been properly reported pursuant to RCW 42.17.080 and .090.

(2) The report is entitled "Special Political Expenditures" and is designated with PDC form number C-7 revised 1/98.

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[Statutory Authority: RCW 42.17.390. 95-01-074A, 390-16-071, filed 12/16/94, effective 1/16/95; 94-11-016, 390-16-071, filed 5/5/94, effective 6/5/94.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.