WSR 00-19-124

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed September 20, 2000, 11:59 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-135 [00-16-139].

Title of Rule: WAC 390-20-0101 Forms for lobbyist registration.

Purpose: To eliminate the compensation contingency language and include additional contact information on the lobbyist registration form (PDC form L1).

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.150.

Summary: All individuals compensated to lobby state government officials are required to register with the Public Disclosure Commission prior to lobbying. RCW 42.17.230 (2)(f) restricts lobbyists from entering into an agreement where compensation is contingent upon success. The current lobbyist registration form asks if any part of the lobbyist's compensation is contingent on the success of an attempt to influence legislation. The provision found on the lobbyist registration form is not needed. Additional contact information (cell phone, pager, e-mail address) was added to the registration form.

Reasons Supporting Proposal: It is currently illegal under RCW 42.17.230 (2)(f) for lobbyist to be compensated based on the success of an attempt to influence legislation. The language in the lobbyists registration form needed to be changed and additional contact information was added for agency accessibility.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-8853.

Name of Proponent: Public Disclosure Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule would eliminate language that is currently unlawful under RCW 42.17.230 (2)(f) and add additional contact information. The rule would not lead lobbyists to presume that contingency lobbying was legal.

Proposal Changes the Following Existing Rules: The rule eliminates a question about contingency lobbying on the lobbyist registration form and adds additional way[s] to contact registered lobbyists.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this rule does not impact small businesses. It would only apply to businesses if they are lobbying firms who register with the state, however there would be no economic impact on such businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not an agency listed in subsection (5)(a)(i) of section 201. Further, the Public Disclosure Commission does not voluntarily make section 201 applicable to this rule adoption pursuant to subsection (5)(a)(ii) of section 201, and to date the Joint Administrative Rules Review Committee has not made section 201 applicable to this rule adoption.

Hearing Location: Commission Hearing Room, Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA, on October 24, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Ruthann Bryant, (360) 753-1111.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112, by October 20, 2000.

Date of Intended Adoption: October 24, 2000.

September 20, 2000

Vicki Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 91-09-021, filed 4/10/91)

WAC 390-20-0101
Forms for lobbyist registration.

The official form for lobbyist registration as required by RCW 42.17.150 is designated "L-1," revised ((3/91)) 11/00. Copies of this form are available at the commission office, Room ((403)) 206, Evergreen Plaza Building, Olympia, Washington 98504. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 91-09-021, 390-20-0101, filed 4/10/91, effective 5/11/91. Statutory Authority: RCW 42.17.370(1). 87-05-001 (Order 87-01), 390-20-0101, filed 2/5/87; 85-24-020 (Order 85-05), 390-20-0101, filed 11/26/85; 82-21-020 (Order 82-07), 390-20-0101, filed 10/12/82; 78-02-063 (Order 96), 390-20-0101, filed 1/23/78.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office