WSR 09-20-081

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed October 6, 2009, 12:08 p.m. , effective November 6, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amendments to WAC 390-28-100 are designed to modernize the rule language, reference statutory standards for reporting modifications, describe real property disclosures, define bona fide separate property agreements and bona fide separate status and refer filers to modification examples in public disclosure commission interpretations.

Citation of Existing Rules Affected by this Order: Amending WAC 390-28-100.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 09-17-086 on August 17, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 24, 2009.

Vicki Rippie

Executive Director

OTS-2529.3


AMENDATORY SECTION(Amending Order 85-04, filed 10/31/85)

WAC 390-28-100   Reporting modifications -- Possible qualifications -- Statement of financial affairs.   (1) One or more of the following((, or any of them,)) may be considered by the commission as possible qualifications for a reporting modification with respect to the statement of financial affairs, when it is in the public interest:

(a) Banks, savings accounts, insurance policies - Financial interests. A candidate or official may be exempted from reporting any financial interest, otherwise required to be reported by RCW 42.17.241 (1)(b) ((of said act,)) if:

(i) The financial institution or other entity in which the candidate or official ((having such)) held an interest does not engage in business in the state of Washington, or is not regulated in whole or in part by the office sought or held by such candidate or ((elected)) official((, and provided that));

(ii) Such reporting would present ((actual difficulties)) a manifestly unreasonable hardship to the candidate or official; and

(iii) The interest ((in question)) would present no actual or potential conflict with the proper performance of the duties of the office sought or held((, in the public interest)).

(b) Income and ownership interests. A candidate or official may be exempted from reporting ((any of)) the information otherwise required by RCW 42.17.241 (1)(f) and (g), if:

(i) Public disclosure would violate any legally ((recognizable)) recognized confidential relationship((: Provided,));

(ii) The information ((in question)) does not relate to a business entity which would be subject to the regulatory authority of the office sought or held by ((such)) the candidate or ((elected)) official in whole or in part((: And provided further, That));

(iii) Such reporting would present ((actual difficulties)) a manifestly unreasonable hardship to the candidate or official including but not limited to adversely affecting the competitive position of an entity in which the filer had an interest of ten percent or more as described in RCW 42.17.370(10); and

(iv) The interest in question would present no actual or potential conflict with the performance of the duties of the office sought or held((, in the public interest)).

(c) Immediate family members' interests. A candidate or official may be exempted from reporting ((any of)) the information otherwise required by RCW 42.17.241 for members of the immediate family of a candidate or ((elected)) official, if:

(i) Such information relates to a financial interest held by such member under a bona fide separate property agreement, or other bona fide separate status; and, such financial interest does not constitute a present or prospective source of income to such candidate or ((elected)) official or to any other person who is dependent upon such candidate or ((elected)) official for support in whole or in part; or

(ii) Reporting the name of an entity in which the immediate family holds an interest of ten percent or more would be likely to adversely affect the competitive position of the entity, under RCW 42.17.370(10).

(d) Personal residence - Real property. Regarding reporting the information otherwise required by RCW 42.17.241 (1)(h) through (k):

(i) Under WAC 390-24-200, the filer shall list the street address of each parcel, the assessor's parcel number, the abbreviated legal description appearing on property tax statements, or the complete legal description. Each property description shall be followed by the name of the county in which the property is located.

(ii) No modification will be necessary if the filer describes the real property using one of the alternatives in WAC 390-24-200, plus the name of the county.

(iii) A modification will be required if the filer seeks some other means to describe reportable real property including the personal residence of the filer. The commission may consider a modification, for example, when the filer or his or her immediate family member has received a threat, has a no contact order, or presents a similar personal safety situation.

(e) Other. A candidate or official may be exempted from reporting ((any other matter)) information otherwise required under RCW 42.17.241 which would constitute ((an)) a manifestly unreasonable hardship in a ((given)) particular case, when the ((matter reported)) circumstances presented would not indicate any actual or potential conflict with the proper performance of the duties of the office sought or held ((in the public interest)). Examples of members of professions often seeking modifications, and examples of other frequent situations that may result in modification requests, are described in commission interpretive statements.

(2) "Bona fide separate property agreement" means an agreement or court order describing separate property in a valid:

(a) Prenuptial agreement;

(b) Separate property contract under chapter 26.09 RCW;

(c) Separate property court decree under chapter 26.09 RCW;

(d) Domestic partnership agreement under chapter 26.60 RCW;

(e) Domestic partnership agreement as part of a notice of termination under chapter 26.60 RCW; or

(f) Postnuptial agreement.

(3) "Other bona fide separate status" means a valid written agreement or court decree recognizing the separate status of the parties under state law, including their individual property that is separate under state law.

[Statutory Authority: RCW 42.17.370(1). 85-22-029 (Order 85-04), 390-28-100, filed 10/31/85; 80-02-106 (Order 80-02), 390-28-100, filed 1/24/80; Order 64, 390-28-100, filed 11/25/75; Order 62, 390-28-100, filed 8/26/75; Order 24, 390-28-100, filed 2/21/74.]

Washington State Code Reviser's Office