WSR 03-16-049

AGENDA

PUBLIC DISCLOSURE COMMISSION


[ Filed July 31, 2003, 2:07 p.m. ]


Agenda for Rules Under Development, June 2003 - January 2004


Agency Contact: Doug Ellis, Director of Public Outreach, P.O. Box 40908, Olympia, WA 98504-0908, phone (360) 664-2735, toll free 1-877-601-2828, fax (360) 753-1112, e-mail dellis@pdc.wa.gov.

At present, the Public Disclosure Commission has twenty-six rules under development:

1. Topic: Revising language in chapter 390-37 WAC to conform to Administrative Procedure Act (ADA).

Status: The commission has filed a preproposal statement with the code reviser giving notice that it is considering adjustments to chapter 390-37 WAC to bring all enforcement rules under the section into conformity with the APA. A public hearing on this issue may occur on October 28, 2003. If new language is established by rule, it will likely go into effect on or before January 1, 2004.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: WAC 390-37-000 Enforcement cases -- Jurisdiction, 390-37-010 Enforcement procedures -- Policy, 390-37-020 Enforcement procedures -- Initiation of complaint, 390-37-030 Enforcement procedures -- Status of citizen complainant and others, 390-37-040 Enforcement procedures -- Procedures for filing citizen complaints, 390-37-050 Enforcement procedures -- Respondent's notice of complaint, 390-37-060 Enforcement procedures -- Investigation of complaints -- Initiation of hearing, 390-37-063 Enforcement procedures -- Demand for information -- Subpoenas, 390-37-070 Enforcement procedures -- Complaints dismissible by executive director, 390-37-090 Informal settlement -- Cases resolvable by stipulation, 390-37-100 Enforcement procedures -- Conduct of hearings, 390-37-105 Prehearing conference -- Rule, 390-37-120 Enforcement hearings -- Subpoenas -- Discovery -- Hearings, 390-37-130 Enforcement hearings -- Depositions and interrogatories -- Right to take, 390-37-132 Enforcement hearings -- Depositions and interrogatories -- Notice, 390-37-134 Depositions and interrogatories in enforcement hearings -- Protection of parties and deponents, 390-37-136 Production of documents and use at hearing, 390-37-140 Brief enforcement hearings -- Authority, 390-37-142 Brief enforcement hearing -- Procedure, 390-37-144 Brief enforcement hearing -- Administrative review procedures, and 390-37-150 Reconsideration and review of decisions.

2. Topic: Out-of-state or federal political committee contributions.

Status: Development of rule amendments to clarify reporting requirements for out-of-state or federal political committees to conform with legislative action in the passage of SHB 1294. A preproposal statement has been filed with the code reviser.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.090 (1)(l).

WAC Cite: WAC 390-16-055 and 390-16-050.

3. Topic: Electronic filing of campaign finance reports.

Status: Possible rule amendments are needed to clarify that electronic filing is an annual mandate, to establish an additional threshold level to determine when a filer can reasonably "expect to expend" an amount over the threshold and to develop electronic guidelines for candidates and political committees involved in special elections. A preproposal statement has been filed with the code reviser.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.3691.

WAC Cite: Chapter 390-19 WAC.

4. Topic: New rule on disclosure of small contributors.

Status: On February 12, 2003, King County Superior Court Judge Richard McDermott issued a permanent injunction enjoining the commission from taking action to enforce RCW 42.17.680(4) by requiring employers to disclose the names or signatures of such individuals who have made contributions in the amount of $25 or less during the year. Possible new rule may be needed to assist in implementing the requirements of the permanent injunction. A preproposal statement has been filed with the code reviser.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.680(4).

WAC Cite: New.

5. Topic: New rules on caucus political committee reporting requirements.

Status: Possible new rule amendments are needed to clarify the reporting requirements of agents working with more than one political committee and activities jointly shared by more than one political committee. A preproposal statement has been filed with the code reviser.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.065, [42.17].080 and [42.17].090.

WAC Cite: New.

A complete listing of rule-making activity from 1999 to present can be found on the Public Disclosure Commission website at www.pdc.wa.gov under rule-making activity.

July 31, 2003

Douglas J. Ellis

Director of Public Outreach

Legislature Code Reviser 

Register

Washington State Code Reviser's Office