WSR 05-04-069

AGENDA

PUBLIC DISCLOSURE COMMISSION


[ Filed January 31, 2005, 4:41 p.m. ]


Agenda for Rules Under Development

January - June, 2005



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 (PDC) has seven rules under development:

1. Topic: Amending language to remove the requirement to read stipulations into the record.

Status: On December 3, 2004, the commission filed the preproposal statement with the code reviser giving notice that it is considering changes to WAC 390-37-090. Currently, all stipulated agreements are required to be read into the public record. A public hearing and possible adoption of an amended rule may occur on March 22, 2005. If adopted, the amended rule will likely go into effect in May of 2005.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 34.05.060.

WAC Cite: WAC 390-37-090 Informal settlement -- Cases resolved by stipulation prior to an enforcement hearing (adjudicative proceeding), or by other alternative dispute mechanisms.

2. Topic: Enforcement procedures.

Status: On December 3, 2004, the commission filed the preproposal statement with the code reviser giving notice that it is considering a possible rule amendment to clarify what action is included in the notification provided respondents under WAC 390-37-060(3). The term "other consideration" is overly broad as it relates to the ten calendar day notification to respondents prior to a meeting of the commission.

Possible rule amendment would have the ten day notice only apply to actual hearings under the Administrative Procedure Act and not to prehearing conferences and the like. A public hearing and possible adoption of an amended rule may occur on March 22, 2005. If adopted, the amended rule will likely go into effect in May of 2005.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.395.

WAC Cite: WAC 390-37-060 Enforcement procedures -- Investigation of complaints -- Initiation of hearing (adjudicative proceeding).


3. Topic: Exemption of in-kind contributions from the expenditure threshold.

Status: On December 3, 2004, the commission filed the preproposal statement with the code reviser giving notice that it is considering a possible rule amendment to exempt in-kind contributions from the expenditure threshold for electronic filing under WAC 390-19-030. The possible amendment would exempt in-kind contributions from the $10,000 mandatory electronic filing threshold, since these funds are not directly spent by the campaigns. A public hearing and possible adoption of an amended rule may occur on March 22, 2005. If adopted, the amended rule will likely go into effect in May of 2005.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.3691.

WAC Cite: WAC 390-19-030 Electronic filing -- Reporting threshold.


4. Topic: Proposing language to clarify the steps necessary when a candidate or political committee intends to change reporting options.

Status: On December 3, 2004, the commission filed the preproposal statement with the code reviser giving notice that it is considering changes to WAC 390-16-125. The commission is considering a possible rule amendment to provide more guidance to candidates and political committees as to when a change in reporting options from mini reporting to full reporting is allowed. A public hearing and possible adoption of an amended rule may occur on March 22, 2005. If adopted, the amended rule will likely go into effect in May of 2005.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.040 through 42.17.090.

WAC Cite: WAC 390-16-125 Mini campaign reporting -- Exceeding limitations.


5. Topic: Revising the form for statement of employment of legislators, state officers, and state employees.

Status: On December 23, 2004, the commission filed the preproposal statement with the code reviser giving notice that it is considering changes to WAC 390-20-130. The commission is considering a possible rule amendment to update PDC form L-7 the official form for statement of employment of legislators, state officers, and state employees. A public hearing and possible adoption of an amended rule may occur on March 22, 2005. If adopted, the amended rule will likely go into effect in May of 2005.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.210.

WAC Cite: WAC 390-20-130 Forms for statement of employment of legislators, state officers, and state employees.


6. Topic: Amending rule on identification of affiliated entities.

Status: On January 27, 2005, the commission filed the preproposal statement with the code reviser giving notice that it is considering changes to WAC 390-16-309. The commission is considering a possible rule amendment to conform to Washington State Supreme Court's interpretation of RCW 42.17.640 contained in Edelman v. State ex rel. Public Disclosure Commission. A public hearing and possible adoption of an amended rule may occur on March 22, 2005. If adopted, the amended rule will likely go into effect in May of 2005.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.640.

WAC Cite: WAC 390-16-309 Identification of affiliated entities.


7. Topic: Amending rule on contributions after the primary election.

Status: On January 27, 2005, the commission filed the preproposal statement with the code reviser giving notice that it is considering changes to WAC 390-17-302. The commission is considering a possible rule amendment to conform to Washington State Supreme Court's interpretation of RCW 42.17.640 contained in Edelman v. State ex rel. Public Disclosure Commission. A public hearing and possible adoption of an amended rule may occur on March 22, 2005. If adopted, the amended rule will likely go into effect in May of 2005.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.640.

WAC Cite: WAC 390-17-302 Contributions after the primary election.

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

January 31, 2005

Douglas J. Ellis

Director of Public Outreach

Washington State Code Reviser's Office