WSR 09-16-014

AGENDA

PUBLIC DISCLOSURE COMMISSION


[ Filed July 23, 2009, 2:22 p.m. ]


Agenda for Rules Under Development

July 2009 - January 2010



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 (PDC) has seven rules under development:

1. Topic: Contributions and expenditures of out-of-state political committees.

Status: On October 1, 2008, the commission filed the preproposal statement with the code reviser giving notice that it is considering rules relating to out-of-state political committees including a new rule WAC 390-16-049 to clarify when a political committee that is located out-of-state is required to file as an in-state committee and possible changes to WAC 390-16-050 to clarify requirements in WAC 390-16-049 and update the dollar amounts per RCW 42.17.093 (1)(g). Emergency rules were adopted effective June 30, 2009, and the commission is proceeding with permanent rule making.

A public hearing has been scheduled for August 25, 2009.

Statutory Authority: RCW 42.17.370(1), 42.17.093.

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: WAC 390-16-049 Out-of-state political committees -- Implementation of RCW 42.17.093 and 390-16-050 Forms for contributions and expenditures of out-of-state political committees.

2. Topic: Qualifications for reporting modifications.

Status: The commission filed a preproposal statement with the code reviser on June 9, 2009, giving notice that it is considering possible amendments to WAC 390-28-100. The rule is to be amended to modernize the rule language, reference statutory standards for modifications, describe real property disclosures, define bona fide separate property agreements and bona fide separate status and refer filers to modification examples in PDC interpretations.

A public hearing and possible adoption of amended rules may occur on September 24, 2009. If adopted, the amended rule will likely go into effect in November of 2009.

Statutory Authority: RCW 42.17.370 (1), (10).

Statute Being Implemented: RCW 42.17.241, 42.17.370(10).

WAC Cite: WAC 390-28-100 Reporting modifications -- Possible qualifications -- Statement of financial affairs.

3. Topic: Adjusting dollar amounts under RCW 42.17.640.

Status: The commission will file a preproposal statement with the code reviser giving notice that it is considering revising the dollar amounts in WAC 390-05-400. RCW 42.17.690 requires the commission to increase or decrease all dollar amounts based on economic conditions.

A public hearing has not been scheduled.

Statutory Authority: RCW 42.17.690 and 42.17.645.

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: WAC 390-05-400 Changes in dollar amounts.

4. Topic: Access to public records.

Status: The commission will file a preproposal statement with the code reviser giving notice that it is considering possible rule amendments to chapter 390-14 WAC, Access to public records, to update the rules to reflect current practice and terminology.

A public hearing has not been scheduled.

Statutory Authority: RCW 42.17.370(1), 42.56.100, 42.56.040.

Statute Being Implemented: Chapters 42.17, 42.56 RCW.

WAC Cite: Chapter 390-14 WAC.

5. Topic: Lists of individuals.

Status: The commission will file a preproposal statement with the code reviser giving notice that it is considering repeal of WAC 390-13-010 Optional format for requests for lists of individuals. The authority for the development of model rules is now under the attorney general's office under chapter 42.56 RCW.

A public hearing has not been scheduled.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.360, 42.56.570.

WAC Cite: WAC 390-13-010.

6. Topic: Filing procedures in the event of an emergency.

Status: The commission will file a preproposal statement with the code reviser giving notice that it is considering a possible new rule to provide guidance to filers during an extended emergency event.

A public hearing has not been scheduled.

Statutory Authority: RCW 42.17.370(1).

Statute Being Implemented: Chapter 42.17 RCW.

WAC Cite: New WAC 390-12-051.

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

July 23, 2009

Douglas J. Ellis

Assistant Director

Washington State Code Reviser's Office