WSR 15-01-064

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION

[Filed December 11, 2014, 2:58 p.m., effective January 11, 2015]

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

Purpose: Creating an alternative method for disclosing lobbying expenditures for certain legislative receptions:

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New WAC 390-20-020A converts to rule PDC Interpretation 96-03 (Reporting Guide for Entertainment, Travel and Educational Expenditures). The new rule explains how typical lobbying expenditures for gifts, entertainment, receptions, travel, and educational expenses are disclosed on lobbyists' monthly reports and whether the recipient must be notified of the cost. The new rule defines "legislative reception" for disclosure purposes and explains that lobbyists must disclose the total cost of qualifying receptions and who attended, but not a per person cost.

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WAC 390-20-020 is amended to include on the lobbyist monthly disclosure form a reference to WAC 390-20-020A and to remove instructions related to calculating a per person cost when disclosing reception-related expenditures.

Under separate order, WAC 390-24-010 and 390-24-020 are amended to relieve state officials from disclosing food and beverage costs from qualifying legislative receptions that they attend.

Citation of Existing Rules Affected by this Order: Amending 1 [WAC 390-20-020].

Statutory Authority for Adoption: RCW 42.17A.110 and 42.17A.615(4).

Adopted under notice filed as WSR 14-21-174 on October 22, 2014.

Changes Other than Editing from Proposed to Adopted Version: Two changes to WAC 390-20-020:

1. Two references to a $50 threshold (theater tickets and golf outings) were removed in light of the commission's inflationary adjustments to the entertainment disclosure threshold (WSR 14-15-015). This drafting error was corrected after a stakeholder questioned the proposal.

2. Additional instruction was inserted to clarify that names of attendees must be disclosed by the lobbyist when disclosing qualifying receptions, even though a per person cost is not required.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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: December 4, 2014.

Lori Anderson

Communications and

Training Officer

AMENDATORY SECTION (Amending WSR 14-15-015, filed 7/3/14, effective 12/1/14)

WAC 390-20-020 Forms for lobbyist report of expenditures.

The official form for the lobbyist report of expenditures is designated "L-2," revised ((12/14)) 1/15 which includes the L-2 Memo Report, dated ((1/02)) 1/15. 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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NEW SECTION

WAC 390-20-020A L-2 Reporting guide.

For Entertainment, Receptions, Travel and Educational Expenditures


Typical Expenditures* (Only permitted if receipt could not reasonably be expected to influence the performance of the officer's or employee's official duties.)			Expense Included on Line 5	Expense Included on Line 15	Give Copy of L-2 or Memo Report to Elected Official
Entertaining State Officials, Employees or Their Families:
□	Any type of entertainment occasion costing $50 or less		Yes	No	No
□	Breakfast, lunch or dinner for legislator or other state official or employee (singly, or in conjunction with family member(s)) and total cost for occasion is:
	º	$50 or less	Yes	No	No
	º	More than $50, and amount attributable to legislator/family is more than $50	Yes	Yes	Yes
□	Tickets to theater, sporting events, etc.		Yes	Yes	No
□	Golf outing		Yes	Yes	No
Receptions:
□	Reception to which the entire legislature, all members of a chamber, or any of the two largest caucuses recognized in each chamber are invited and is:		Yes	Yes Disclose list of attendees (submitting sign-in sheet is sufficient). A per-person cost is not required	No
	º	Sponsored by a person other than a lobbyist;
	º	Attended by individuals other than legislators, lobbyists, and lobbyist employers;
	º	A social event; and
	º	Does not include a sit-down meal.
□	All other receptions		Yes	Yes	Yes, if the food and beverage cost for the legislator and family members exceeds $50
Travel-Related Expenditures for Officials, Employees:
□	Travel, lodging, meals for office-related appearance or speech at lobbyist employer's annual conference		Yes	Yes	Yes
□	Travel, lodging, meals for office-related tour of lobbyist employer's manufacturing plant or other facility		Yes	Yes	Yes
Educational Expenditures for Officials, Employees:
□	Travel, lodging, meals, tuition to attend seminar sponsored by nonprofit organization		Yes	Yes	Yes
Other Lobbying-Related Items:
□	Flowers costing any amount to officials, staff and/or family		Yes	No	No
□	Candy costing $50 or less per official or employee		Yes	No	No
□	Golf balls, coffee cups or other promotional items		Yes	No	No
□	Fruit baskets costing $50 or less per official or employee		Yes	No	No


Note:	References to employees or staff do not constitute authority to provide impermissible items to regulatory, contracting or purchasing employees.