WSR 14-21-168
PROPOSED RULES
PUBLIC DISCLOSURE COMMISSION
[Filed October 22, 2014, 8:44 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-14-001.
Title of Rule and Other Identifying Information: WAC 390-16-071 Annual report of major contributors and persons making independent expenditures, 390-20-110 Forms for lobbyist employers report, 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 commission, and 390-24-301 Changes in dollar amounts of reporting thresholds and value codes.
Hearing Location(s): 711 Capitol Way, Room 206, Olympia, WA 98504, on December 4, 2014, at 9:30 a.m.
Date of Intended Adoption: December 4, 2014.
Submit Written Comments to: Lori Anderson, (mail) P.O. Box 40908, Olympia, WA 98504-0908, (physical address) 711 Capitol Way, Room 206, Olympia, WA, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by November 26, 2014.
Assistance for Persons with Disabilities: Contact Jana Greer by e-mail jana.greer@pdc.wa.gov or phone (360) 753-1980.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The dollar amounts used for disclosing financial affairs of candidates, elected officials, and executive state officers are being adjusted for inflation. Proposed amendments to WAC 390-16-071, 390-20-110, 390-24-010, 390-24-020, 390-24-202, and 390-24-301 adjust dollar amounts as directed by RCW 42.17A.125(2). Additionally, instructions pertaining to disclosure of legislative reception food and beverage are inserted in WAC 390-20-010 and 390-20-020 (PDC Forms F-1 and F-1A, respectively).*
*Under separate notice, the commission has scheduled a December 4, 2014, hearing to consider rules relating to lobbyist disclosure. That rule making necessitates a proposed "housekeeping" amendment to WAC 390-24-010 and 390-24-020 to insert instructions on the F-1 and F-1A forms explaining that disclosing the cost of food and beverage served at a qualifying legislative reception is not required.
Reasons Supporting Proposal: RCW 42.17A.125(2) authorizes the commission to make inflationary adjustments to these dollar amounts at least once every five years. Stakeholders have encouraged the commission to make the proposed adjustments, since it has been six years since the commission's last adjustments.
Statutory Authority for Adoption: RCW 42.17A.110 and 42.17A.125(2).
Statute Being Implemented: RCW 42.17A.710.
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: No increased costs to the agency are expected.
Name of Proponent: Public disclosure commission (PDC), governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; and Enforcement: Andrea Doyle, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735.
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 business. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.
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 RCW 34.05.328. Further, the PDC does not voluntarily make the section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and, to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.
October 22, 2014
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-071 Annual report of major contributors and persons making independent expenditures.
(1) Any person, other than an individual (a) who made contributions to state office candidates and statewide ballot proposition committees totaling more than the aggregate amount during the preceding calendar year for contributions referenced in WAC 390-05-400, code section .180(1), or (b) who made independent expenditures regarding state office candidates and statewide ballot propositions totaling more than the aggregate amount during the preceding calendar year for independent expenditures referenced in WAC 390-05-400, code section .180(1), shall file with the commission an annual report required pursuant to RCW 42.17A.630. This report shall not be required of a lobbyist employer filing an annual L-3 report pursuant to RCW 42.17A.630 or of a candidate's authorized committee or a political committee provided the information has been properly reported pursuant to RCW 42.17A.235 and 42.17A.240.
(2) The report is entitled "Special Political Expenditures" and is designated "C-7" revised ((12/08)) 11/14. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504. Any attachments shall be on 8-1/2" x 11" white paper.
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AMENDATORY SECTION (Amending WSR 09-01-063, filed 12/11/08, effective 1/11/09)
WAC 390-20-110 Forms for lobbyist employers report.
The official form for statement by employers of registered lobbyists as required by RCW 42.17.180 is designated "L-3," revised ((1/09)) 11/14. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, 711 Capitol Way, Room 206, Evergreen Plaza Building, P.O. Box 40908, Olympia, Washington, 98504-0908. Any paper attachments shall be on 8-1/2" x 11" white paper.
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Reviser's note: Notice of Objection: The Joint Administrative Rules Review Committee finds that WAC 390-20-110 has not been modified, amended, withdrawn, or repealed by the Public Disclosure Commission so as to conform with the intent of the Legislature as expressed in RCW 42.17.170 and 42.17.180. Therefore, pursuant to its authority under RCW 34.04.240, this notice of objection is filed.
The Joint Committee finds that WAC 390-20-110 requires the disclosure of information from lobbyists' employers which RCW 42.17.170 specifically excludes from reporting by lobbyists. It is the opinion of the Joint Committee that the Commission is attempting to obtain information from lobbyists' employers which the Commission would not otherwise be able to obtain from lobbyists themselves. This would thwart the express intent of the Legislature that such information is inappropriate for reporting. WAC 390-20-110 would effectively neuter the reporting exemptions in RCW 42.17.170—the Commission would have the information. This is not what the Legislature intended. [Joint Administrative Rules Review Committee, Memorandum, August 16, 1984—Filed August 28, 1984, WSR 84-18-014.]
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-24-010 Forms for statement of financial affairs.
The official form for statements of financial affairs as required by RCW 42.17A.700 is designated "F-1," revised ((1/12)) 1/15. Copies of this form are available on the commission's web site, www.pdc.wa.gov, and at the Commission Office, 711 Capitol Way, Room 206, Evergreen Plaza Building, P.O. Box 40908, Olympia, Washington 98504-0908. Any paper attachments must be on 8-1/2" x 11" white paper.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
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 42.17A.700 for all persons who have previously filed the Form F-1 is designated Form "F-1A," revised ((1/12)) 1/15.
(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 on the commission's web site, www.pdc.wa.gov and at the Commission Office, 711 Capitol Way, Room 206, Evergreen Plaza Building, P.O. Box 40908, Olympia, Washington 98504-0908. Any paper attachments must be on 8-1/2" x 11" white paper.
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AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
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 42.17A.710, shall include:
(1) The name and address of the person or persons through whom a commission was paid;
(2) For purposes of RCW 42.17A.710 (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 $((2,000)) 2,400 or more in the aggregate;
(3) For purposes of RCW 42.17A.710 (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 42.17A.710 (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 $((10,000)) 12,000 or more in the aggregate.
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-24-301 Changes in dollar amounts of reporting thresholds and code values.
Pursuant to the commission's authority in RCW 42.17A.125(2) to revise the monetary reporting thresholds and code values found in chapter 42.17A 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, 2008)) 12, 2015 |
|
.710 (1)(b) |
Bank Accounts |
$((15,000)) 20,000 |
$((20,000)) 24,000 |
|
.710 (1)(b) |
Other Intangibles |
$((1,500)) 2,000 |
$((2,000)) 2,400 |
|
.710 (1)(c) |
Creditors |
$((1,500)) 2,000 |
$((2,000)) 2,400 |
|
.710 (1)(f) |
Compensation |
$((1,500)) 2,000 |
$((2,000)) 2,400 |
|
.710 (1)(g)(ii) |
Compensation to Business Entity |
$((7,500)) 10,000 |
$((10,000)) 12,000 |
|
.710 (1)(g) |
Bank Interest Paid |
$((1,800)) 2,400 |
$((2,400)) 2,900 |
|
.710 (1)(h) |
Real Property-Acquired |
$((7,500)) 10,000 |
$((10,000)) 12,000 |
|
.710 (1)(i) |
Real Property-Divested |
$((7,500)) 10,000 |
$((10,000)) 12,000 |
|
.710 (1)(j) |
Real Property-Held |
$((7,500)) 10,000 |
$((10,000)) 12,000 |
|
.710 (1)(k) |
Real Property-Business |
$((15,000)) 20,000 |
$((20,000)) 24,000 |
|
.710 (1)(l) |
Food and Beverages |
$50 |
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.710 (2) |
Dollar Code A |
Up to $((2,999)) 3,999 |
Up to $((3,999)) 4,499 |
|
Dollar Code B |
$((3,000-$14,999)) 4,000-$19,999 |
$((4,000-$19,999)) 4,500-$23,999 |
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Dollar Code C |
$((15,000-$29,999)) 20,000-$39,999 |
$((20,000-$39,999)) 24,000-$47,999 |
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Dollar Code D |
$((30,000-$74,999)) 40,000-$99,999 |
$((40,000-$99,999)) 48,000-$119,999 |
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Dollar Code E |
$((75,000)) 100,000 and up |
$((100,000)) 120,000 and up |
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