WSR 06-23-017

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


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

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-19-095.

Title of Rule and Other Identifying Information: Amending WAC 390-24-010 relating to forms for statement of financial affairs consistent with the language of WAC 390-24-201 and pursuant to RCW 42.17.241.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on January 25, 2007, at 9:30 a.m.

Date of Intended Adoption: January 25, 2007.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504-0908, e-mail dellis@pdc.wa.gov, fax (360) 753-1112, by January 22, 2007.

Assistance for Persons with Disabilities: Contact Kami Madsen by phone (360) 753-1111 or (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amended rule is designed to clarify, for reporting purposes on PDC Form F-1 and F-1 Supplement Page, WAC 390-24-201 relating to new entities such as limited liability partnerships (LLPs), limited liability companies (LLCs), and/or similar entities when a person files statements of personal financial affairs as required under RCW 42.17.240.

Reasons Supporting Proposal: To provide guidance and clarification to elected and appointed officials and other persons subject to the disclosure law when filing statements of personal financial affairs (PDC Form F-1).

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

Statute Being Implemented: RCW 42.17.241.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The amended rule is designed to clarify the requirements of limited liability partnerships (LLPs), limited liability companies (LLCs), and/or similar entities when filing reports under RCW 42.17.241.

Name of Proponent: [PDC], governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this rule amendment has minimal impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to this rule adoption pursuant to subsection (5)(a)(i) of section 201, and, to date, the joint administrative rules review committee has not made section 201 application [applicable] to the adoption of this rule.

November 3, 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