WSR 13-11-009

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 2, 2013, 1:19 p.m. , effective June 2, 2013 ]


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

Purpose: Amend WAC 390-12-170 to eliminate the office of secretary from the public disclosure commission's (PDC) organizational structure.

Amend WAC 390-24-160 to (1) change the date by which the PDC annually receives names of professional staff from the governor, senate, and house of representatives for the purpose of enforcing RCW 42.17A.700 and (2) describe the procedures the commission will follow to make the information available to the public.

Citation of Existing Rules Affected by this Order: Amending WAC 390-12-170 and 390-24-160.

Statutory Authority for Adoption: RCW 42.17A.110.

Adopted under notice filed as WSR 13-07-011 on March 8, 2013.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 25, 2013.

Lori Anderson

Communications and

Training Officer

OTS-5320.1


AMENDATORY SECTION(Amending WSR 93-19-034, filed 9/7/93, effective 10/8/93)

WAC 390-12-170   Public disclosure commission -- Organization and structure -- Officers -- Terms.   The officers of the public disclosure commission for administrative purposes shall be chair((,)) and vice-chair ((and secretary)). Their terms shall be one year or until a successor is elected.

[Statutory Authority: RCW 42.17.370. 93-19-034, 390-12-170, filed 9/7/93, effective 10/8/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), 390-12-170, filed 7/9/85; Order 62, 390-12-170, filed 8/26/75; Order 14, 390-12-170, filed 7/31/73.]

OTS-5322.2


AMENDATORY SECTION(Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)

WAC 390-24-160   Definition -- Professional staff member.   (1) A professional staff member of the office of the governor and of the legislature includes all individuals retained on a full or part-time basis whose primary responsibilities require the exercise of judgment and discretion in policy related matters, including, but not limited to, such individuals who are involved in the development of legislation. A professional staff member does not include individuals retained primarily for clerical, ministerial, or internal accounting and bookkeeping purposes.

(2) ((To insure that the provisions of Referendum 36 and this rule are properly and fairly administered and to provide guidance to affected individuals, the commission, through its chair and executive director, shall confer annually in December with the governor, the secretary of the senate and the clerk of the house regarding the specific professional staff members believed to fall within the criteria set forth in subsection (1) of this section. The executive director shall submit a report of those conferences to the commission at its December meeting for approval, disapproval or modification, or other determination. Each determination shall be based on an annual review of the positions and personnel to be retained by the affected governmental bodies during the ensuing year and shall constitute the commission's administrative interpretation of the term "professional staff member" in RCW 42.17A.705 (2) and (3) and its application to such positions and personnel.)) The commission needs a complete and accurate list of professional staff members of the governor, the senate, and the house of representatives, in order to properly and fairly administer the personal financial affairs disclosure requirements applicable to executive state officers as defined in RCW 42.17A.705. Each December, the executive director shall ask the governor, the secretary of the senate, and the clerk of the house to provide the commission by January 15th, the names and positions of the professional staff members meeting the criteria set forth in subsection (1) of this section, who are expected to be retained during the ensuing year, and to provide periodic updates throughout the year as necessary to reflect changes in professional staff. The executive director will present to the commission the lists of professional staff members received from the governor, senate, and house of representatives and post the lists on the commission's web site.

[Statutory Authority: RCW 42.17A.110. 12-03-002, 390-24-160, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.390. 94-05-010, 390-24-160, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), 390-24-160, filed 3/26/86; Order 88, 390-24-160, filed 12/29/76.]