WSR 99-09-071

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed April 19, 1999, 2:54 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-061.

Title of Rule: WAC 390-14-110 List of elected public officials--Name not on list, impact.

Purpose: Assist lobbyist employers and other persons who file disclosure reports under RCW 42.17.180.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.180.

Summary: The proposed amendment rewrites the rule for clarity and updates it to include all persons who file under RCW 42.17.180.

Reasons Supporting Proposal: The rule will be more easily understood by the public and persons subject to RCW 42.17.180.

Name of Agency Personnel Responsible for Drafting and Implementation: Vicki Rippie, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 586-4838; and Enforcement: Susan Harris, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 753-1981.

Name of Proponent: Public Disclosure Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: By law, lobbyist employers and other filers must report compensation paid to state elected officials, successful candidates for state office, their family members and corporations and other entities with which these individuals are involved. This list prepared by the commission identifies each state official and successful candidate for state office, their family members and the entities in which they reported having an ownership interest or held directorship or other office.

The rule says that the commission will consider it a manifestly unreasonable hardship for lobbyist employers and other filers to report compensation paid to the recipients listed above if these recipients are not shown on the list prepared by the Public Disclosure Commission and the lobbyist employer or other filer does no have actual knowledge of the compensation being paid.

The proposed amendment does not change the intent or effect of the rule. Primarily, it is being rewritten for clarity.

Proposal Changes the Following Existing Rules: The rule is being rewritten for clarity and to reference all persons who file under RCW 42.17.180, not just lobbyist employers.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an economic impact on small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not specified in section 201, chapter 403, Laws of 1995, as being subject to this section nor has it been brought under the section as otherwise provided in the chapter law.

Hearing Location: Senate Hearing Room #2, John A. Cherberg Building, First Floor, 304 15th Avenue, Capitol Campus, Olympia, WA, on May 25, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Jennifer Alloway, 753-1111.

Submit Written Comments to: Vicki Rippie, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112 by May 12, 1999.

Date of Intended Adoption: May 25, 1999.

April 16, 1999

Vicki Rippie

Assistant Director

OTS-3067.1


AMENDATORY SECTION(Amending Order 80-05, filed 5/2/80)

WAC 390-14-110
List of elected public officials--Name not on list, impact.

(1) The commission has as part of its authority the power to suspend or modify reporting requirements of chapter 42.17 RCW, if it finds after hearing that literal application of the act would work a ((manifest)) manifestly unreasonable hardship((,)) and ((if it finds that)) suspension or modification will not frustrate the purposes of the act.

(2) ((Upon a hearing of this nature, the commission shall presume the reporting of the name of any elected official as required by the act to be an unreasonable hardship, if the name of that elected official does not appear on the list compiled pursuant to this chapter.

(3))) The commission shall presume it is a manifestly unreasonable hardship for a lobbyist employer or other person filing pursuant to RCW 42.17.180 to report the compensation paid to a state elected official, a successful candidate for state office, an immediate family member of a state elected official or successful candidate for state office, or a corporation, partnership, joint venture, association, union or other entity in which ((a state elected official or member of his immediate family)) one of these individuals holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more, if:

(a) The name of such official, candidate, family member or entity does not appear on the most recent list of state elected officials ((published)) prepared by the commission pursuant to WAC 390-14-100; and

(b) The lobbyist employer or other filer does not have actual knowledge of ((such)) compensation being paid to such official, candidate, family member or entity.

[Statutory Authority: RCW 42.17.370(1).  80-05-097 (Order 80-05), 390-14-110, filed 5/2/80; Order 62, 390-14-110, filed 8/26/75.]

Washington State Code Reviser's Office