WSR 06-23-016

EMERGENCY RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed November 3, 2006, 1:23 p.m. , effective November 7, 2006 ]


Effective Date of Rule: November 7, 2006.

Purpose: To provide clarification and guidance to elected and appointed officials on the filing requirements under RCW 42.17.241. Amending WAC 390-24-010 Forms for statement of financial affairs.

Citation of Existing Rules Affected by this Order: Amending 1 [WAC 390-24-010].

Statutory Authority for Adoption: RCW 42.17.370 and 42.17.241 (1)(n).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The commission finds that elected and appointed officials are currently seeking guidance on reporting requirements for the purposes of RCW 42.17.241 and WAC 390-24-201.

The commission finds that there is a need to amend the forms for statement of financial affairs now to provide that guidance to annual financial affairs filers. The commission finds that the forms need to be amended to make the language of the forms consistent with the language of WAC 390-24-201 (the rule describing the filing). The commission finds the forms and the rule need to be made consistent on the same date (November 7, 2006) in order to avoid confusion among current filers and the public regarding filing and disclosure requirements concerning statements of financial affairs, and to provide for consistent information filed on the forms and guidance provided about the forms. Thus, there is a need to proceed with the rule making on an emergency basis and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule for current filers and the public would be contrary to the public interest.

The commission is authorized to provide such interpretation and reporting forms through rule making pursuant to its authority in chapter 42.17 RCW, including RCW 42.17.241 (1)(n).

While full notice and opportunity for comment was not possible prior to the commission's October 31, 2006, meeting, notice of the proposed emergency rules was placed on the commission's web site at www.pdc.wa.gov on October 25, 2006, and there was opportunity for public testimony and for written comments at the commission's October 31, 2006, meeting, prior to adoption of the emergency rule.

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 1, 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.

Date Adopted: October 31, 2006.

Doug Ellis

Assistant Director

OTS-9366.1


AMENDATORY SECTION(Amending WSR 06-18-034, filed 8/28/06, effective 9/28/06)

WAC 390-24-010   Forms for statement of financial affairs.   The official form for statements of financial affairs as required by RCW 42.17.240 is designated "F-1," revised ((6/06)) 10/06. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, Evergreen Plaza Building, PO Box 40908, Olympia, Washington 98504-0908. Any paper attachments must be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 06-18-034, 390-24-010, filed 8/28/06, effective 9/28/06; 05-06-070, 390-24-010, filed 3/1/05, effective 4/1/05; 02-20-036, 390-24-010, filed 9/24/02, effective 10/25/02. Statutory Authority: RCW 42.17.370(1). 00-22-053, 390-24-010, filed 10/27/00, effective 11/27/00. Statutory Authority: RCW 42.17.370 (1) and (11) and 42.17.241 (1)(n). 97-23-020, 390-24-010, filed 11/10/97, effective 1/1/98. Statutory Authority: RCW 42.17.370(1). 96-09-017, 390-24-010, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 91-24-011, 390-24-010, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 42.17.370(1). 88-20-029 (Order 88-04), 390-24-010, filed 9/29/88; 86-19-039 (Order 86-06), 390-24-010, filed 9/12/86; 86-08-030 (Order 86-02), 390-24-010, filed 3/26/86; 85-24-020 (Order 85-05), 390-24-010, filed 11/26/85; 84-01-017 (Order 83-03), 390-24-010, filed 12/9/83; 80-18-028 (Order 80-07), 390-24-010, filed 12/1/80; 80-02-055 (Order 80-01), 390-24-010, filed 1/17/80; Order 94, 390-24-010, filed 10/31/77; Order 87, 390-24-010, filed 11/19/76; Order 62, 390-24-010, filed 8/26/75; Order 48, 390-24-010, filed 3/3/75; Order 44, 390-24-010, filed 9/26/74; Order 6, 390-24-010, filed 3/23/73.]

Washington State Code Reviser's Office