WSR 08-16-094

AGENDA

PUBLIC DISCLOSURE COMMISSION


[ Filed August 5, 2008, 9:06 a.m. ]


Agenda for Rules Under Development

June - December 2008



Agency Contact: Doug Ellis, Assistant Director, 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 eleven rules under development:

1. Topic: Domestic Partners - chapter 6, Laws of 2008.

Status: On June 26, 2008, the commission adopted two emergency rules (1) new WAC 390-05-222 Domestic partner -- Definition, and (2) amendments to WAC 390-17-305 Personal funds of a candidate. The two rules were filed with the code reviser effective June 30, 2008, to be in place during the 2008 election. Staff filed a preproposal statement with the code reviser on July 2, 2008, giving notice that it is considering permanent adoption of the emergency rules and other rule changes to reflect legislative changes found in chapter 6, Laws of 2008, concerning domestic partners. A public hearing and possible adoption of the domestic partners rules will occur in December 2008. If adopted, the new and amended rules will likely go into effect in January of 2009.

Statutory Authority: RCW 42.17.370(1) and 2SHB 3104, section 1303.

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: New WAC 390-05-222 Domestic partner -- Definition, 390-16-310 Limitations on contributions, 390-17-305 Personal funds of a candidate, and 390-20-110 Forms for lobbyist employer report.

2. Topic: Definition of member.

Status: On June 26, 2008, the commission adopted amendments to WAC 390-05-515 Member, on an emergency basis effective June 30, 2008. This rule describes when a communication to a "member" as that term is used in chapter 42.17 RCW, including by [but] not limited to RCW 42.17.020 and 42.17.100, is an internal political communication and not a contribution.

On a parallel process, staff filed a proposed rule-making order (CR-102) with the code reviser giving notice of a public hearing scheduled for August 28, 2008, to permanently adopt the amended rule.

If adopted, the amended rule will likely go into effect in October 2008.

Statutory Authority: RCW 42.17.370(1) and 42.17.562(4).

Statute Being Implemented: RCW 42.17.020 (15)(b)(v).

WAC Cite: WAC 390-05-515 Member.

3. Topic: Personal financial affairs reporting.

Status: On June 26, 2008, the commission approved draft language to amend WAC 390-24-010 Forms for statement of financial affairs and WAC 390-24-020 Forms for amending statement of financial affairs. The new language incorporated legislative changes reflected in chapter 6, Laws of 2008 (domestic partners), clarified investment/asset reporting, and that home e-mail addresses are optional.

Staff filed a proposed rule-making order (CR-102) with the code reviser giving notice of a public hearing scheduled for August 28, 2008, to permanently adopt the amended rules.

If adopted, the amended rules will likely go into effect in October 2008.

Statutory Authority: RCW 42.17.370(1) and 2SHB 3104, section 1303.

Statute Being Implemented: RCW 42.17.241.

WAC Cite: WAC 390-24-010 Forms for statement of financial affairs and 390-24-020 Forms for amending statement of financial affairs.

4. Topic: Surplus funds.

Status: Commission staff filed a preproposal statement with the code reviser on July 2, 2008, giving notice that the commission is considering permanent adoption of a possible new rule to clarify the reporting requirements for surplus funds accounts. A public hearing and possible adoption of the rule amendments will occur in December 2008. If adopted, the new and amended rules will likely go into effect in January 2009.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.095(7).

WAC Cite: Possible new rule.

5. Topic: Public agency lobbying.

Status: Commission staff filed a preproposal statement with the code reviser on July 2, 2008, giving notice that the commission is considering permanent adoption of possible amendments to WAC 390-20-120 Forms for report of legislative activity by public agencies, to add additional contact information. A public hearing and possible adoption of the rule amendments will occur in December 2008. If adopted, the new and amended rules will likely go into effect in January 2009.

Statutory Authority: RCW 42.17.370(1) and 42.17.190(8).

Statute Being Implemented: RCW 42.17.190.

WAC Cite: WAC 390-20-120 Forms for report of legislative activity by public agencies.

6. Topic: Periodical definition.

Status: The commission is considering permanent adoption of amendments to WAC 390-05-520 Periodical, to include a definition applicable for electioneering communications and one for all other applications in chapter 42.17 RCW.

Statutory Authority: RCW 42.17.370(1) and 42.17.562.

Statute Being Implemented: RCW 42.17.020.

WAC Cite: WAC 390-05-520 Periodical.

7. Topic: In-kind contributions.

Status: Commission staff filed a preproposal statement with the code reviser on July 2, 2008, giving notice that the commission is considering permanent adoption of amendments to WAC 390-16-207 In-kind contributions -- Explanation and reporting, to include all candidates with contribution limits. The current rule refers to only "state office candidates." A public hearing and possible adoption of the rule amendments will occur in December 2008. If adopted, the new and amended rules will likely go into effect in January 2009.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.020, 42.17.640, and 42.17.645.

WAC Cite: WAC 390-16-207 In-kind contributions -- Explanation and reporting.

A complete listing of rule-making activity from 1999 to present can be found on the public disclosure commission web site at www.pdc.wa.gov under rule-making activity.

July 31, 2008

Douglas J. Ellis

Assistant Director

Washington State Code Reviser's Office