WSR 07-21-043

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed October 10, 2007, 12:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-17-181.

Title of Rule and Other Identifying Information: Amend WAC 390-24-010 Forms for statement of financial affairs, 390-24-020 Forms for amending statement of financial affairs, 390-24-202 Report of compensation from sales commissions, and 390-24-301 Changes in dollar amounts of reporting thresholds and code values.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on December 6, 2007, at 10:30 a.m.

Date of Intended Adoption: December 6, 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 December 3, 2007.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend existing thresholds and code values for reports of financial affairs.

Reasons Supporting Proposal: To adjust thresholds and code values based on changes in economic conditions.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.240 and 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 rule amendments adjust dollar amounts in thresholds and code values for reporting of financial affairs based on changes in economic conditions.

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 these rule amendments 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 the adoption of these rules pursuant to subsection (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 application [applicable] to the adoption of these rules.

October 10, 2007

Vickie Rippie

Executive Director

OTS-1109.1


AMENDATORY SECTION(Amending WSR 07-04-084, filed 2/5/07, effective 3/8/07)

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 ((2/07)) 1/08. 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 and 42.17.241 (1)(n). 07-04-084, 390-24-010, filed 2/5/07, effective 3/8/07. 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.]

OTS-1110.1


AMENDATORY SECTION(Amending WSR 05-06-070, filed 3/1/05, effective 4/1/05)

WAC 390-24-020   Forms for amending statement of financial affairs.   (1) The official form for amending statements of financial affairs as required by RCW 42.17.240 for all persons who have previously filed the Form F-1 is designated Form "F-1A," revised ((2/05)) 1/08.

(2) No more than three F-1A forms may be filed to amend a previously submitted statement of financial affairs (Form F-1). The form can be used only to update information required on an F-1.

(3) The commission reserves the right to reject amendatory forms and require a new statement of financial affairs (Form F-1) at any time the amendments are confusing or create misunderstandings. Authority is delegated to the commission's executive director to make this determination.

(4) Copies of Form F-1A 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. 05-06-070, 390-24-020, filed 3/1/05, effective 4/1/05; 02-20-036, 390-24-020, filed 9/24/02, effective 10/25/02. Statutory Authority: RCW 42.17.370(1). 00-22-052, 390-24-020, 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, 390-24-020, filed 11/10/97, effective 1/1/98. Statutory Authority: RCW 42.17.370(1). 96-09-017, 390-24-020, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 91-24-011, 390-24-020, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 42.17.370(1). 86-19-039 (Order 86-06), 390-24-020, filed 9/12/86; 86-08-030 (Order 86-02), 390-24-020, filed 3/26/86; 84-01-017 (Order 83-03), 390-24-020, filed 12/9/83; 79-11-124 (Order 79-07), 390-24-020, filed 11/6/79; Order 94, 390-24-020, filed 10/31/77; Order 87, 390-24-020, filed 11/19/76; Order 62, 390-24-020, filed 8/26/75; Order 48, 390-24-020, filed 3/3/75.]

OTS-1111.1


AMENDATORY SECTION(Amending WSR 92-08-105, filed 4/1/92, effective 5/2/92)

WAC 390-24-202   Report of compensation from sales commissions.   When a person receives compensation in the form of a commission on sales, the reporting of the compensation, required in RCW 42.17.241, shall include:

(1) The name and address of the person or persons through whom a commission was paid;

(2) For purposes of RCW 42.17.241 (1)(f), the name and address of each person (other than an individual) for whom a service was rendered or to whom a product was sold that resulted in a commission of $((1,000)) 2,000 or more in the aggregate;

(3) For purposes of RCW 42.17.241 (1)(g)(i), the name and address of each governmental unit for whom a service was rendered or to whom a product was sold that resulted in a commission;

(4) For purposes of RCW 42.17.241 (1)(g)(ii), the name and address of each person (other than an individual) for whom a service was rendered or to whom a product was sold that resulted in a commission of $((5,000)) 10,000 or more in the aggregate.

[Statutory Authority: RCW 42.17.370. 92-08-105, 390-24-202, filed 4/1/92, effective 5/2/92.]

OTS-1112.2


AMENDATORY SECTION(Amending WSR 97-23-020, filed 11/10/97, effective 1/1/98)

WAC 390-24-301   Changes in dollar amounts of reporting thresholds and code values.   Pursuant to the commission's authority in RCW 42.17.370(11) to revise the monetary reporting thresholds and code values found in chapter 42.17 RCW to reflect changes in economic conditions, the following revisions are made:


Statutory

Section

Subject Matter

Amount Enacted

or Last Revised

Revision Effective

January 1, ((1998)) 2008

.241(1)(b) Bank Accounts $((10,000))

15,000

$((15,000))

20,000

.241(1)(b) Other Intangibles $((1,000))

1,500

$((1,500))

2,000

.241(1)(c) Creditors $((1,000))

1,500

$((1,500))

2,000

.241(1)(f) Compensation $((1,000))

1,500

$((1,500))

2,000

.241(1)(g)(ii) Compensation to

Business Entity

$((5,000))

7,500

$((7,500))

10,000

.241(1)(g) Bank Interest Paid $((1,200))

1,800

$((1,800))

2,400

.241(1)(h) Real Property--

Acquired

$((5,000))

7,500

$((7,500))

10,000

.241(1)(i) Real Property--

Divested

$((5,000))

7,500

$((7,500))

10,000

.241(1)(j) Real Property--

Held

$((5,000))

7,500

$((7,500))

10,000

.241(1)(k) Real Property--

Business

$((10,000))

15,000

$((15,000))

20,000

((.241(1)(l) Food and Beverages $50 $50))
.241(2) Dollar Code A Up to

$((1,999))

2,999

Up to

$((2,999))

3,999

Dollar Code B (($2,000--

$9,999))

$3,000 --

$14,999

(($3,000--

$14,999))

$4,000 --

$19,999

Dollar Code C (($10,000--

$19,999)) $15,000 --

$29,999

(($15,000--

$29,999)) $20,000 --

$39,999

Dollar Code D (($20,000--

$49,999)) $30,000 --

$74,999

(($30,000--

$74,999)) $40,000 --

$99,999

Dollar Code E $((50,000))

75,000 and up

$((75,000))

100,000 and up

[Statutory Authority: RCW 42.17.370 (1) and (11) and 42.17.241 (1)(n). 97-23-020, 390-24-301, filed 11/10/97, effective 1/1/98.]

Washington State Code Reviser's Office