WSR 08-20-111



[ Filed September 30, 2008, 1:01 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-14-167.

Title of Rule and Other Identifying Information: Amendments to incorporate statutory changes in 2SHB 3104 (chapter 6, Laws of 2008) concerning domestic partners. New WAC 390-05-222 Domestic partner -- Definition, amending WAC 390-17-305 Personal funds of a candidate and 390-20-110 Forms for lobbyist employers.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on December 4, 2008, at 9:30 a.m.

Date of Intended Adoption: December 4, 2008.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, e-mail, fax (360) 753-1112, by November 24, 2008.

Assistance for Persons with Disabilities: Contact Nicole Stauffer by phone (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The new WAC 390-05-222 and amendments to WAC 390-17-305 and 390-20-110 are needed to conform to section 1303 of 2SHB 3104 that requires state agencies to adopt rules to implement the legislation by January 2009. The rules define "domestic partner" and include domestic partner when referencing spouse or other immediate family members.

Reasons Supporting Proposal: To implement 2SHB 3104.

Statutory Authority for Adoption: RCW 42.17.370 and 2SHB 3104, section 1303.

Statute Being Implemented: Chapter 6, Laws of 2006.

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: The amended rules are designed to clarify the definition and use of "domestic partner" for purposes of public disclosure.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

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 businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The public disclosure commission (PDC) is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to the adoption of these rules pursuant to subsection (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 application [applicable] to the adoption of these rules.

September 30, 2008

Vicki Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93, effective 8/30/93)

WAC 390-17-305   Personal funds of a candidate.   (1) The personal funds of a candidate include:

(a) Assets which the candidate has legal access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy;

(b) Income from employment;

(c) Dividends and proceeds from stocks and other investments;

(d) Income from trusts, if established before candidacy;

(e) Income from trusts established from bequests, even if established after candidacy;

(f) Personal gifts, if customarily received; and

(g) Proceeds from lotteries and similar games of chance.

(2) A candidate may also use, as personal funds, his or her portion of assets owned jointly with a spouse or domestic partner. If the candidate's financial interest is not specified, then the candidate's share is deemed to be half the value of the asset.

(3) If any person gives or loans the candidate funds in connection with his or her campaign, the funds are not considered personal funds of the candidate. Such funds are considered a contribution under chapter 42.17 RCW unless the loan meets the exemption provided in RCW 42.17.720(3).

[Statutory Authority: RCW 42.17.370. 93-16-064, 390-17-305, filed 7/30/93, effective 8/30/93.]


AMENDATORY SECTION(Amending WSR 05-06-070, filed 3/1/05, effective 4/1/05)

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 ((2/05)) 1/09. Copies of this form are available at the Commission Office 711 Capitol Way, Room 206, Evergreen Plaza Building, PO Box 40908, Olympia, Washington, 98504-0908. Any paper attachments shall be on 8-1/2" x 11" white paper.



[Statutory Authority: RCW 42.17.370. 05-06-070, 390-20-110, filed 3/1/05, effective 4/1/05; 04-02-028, 390-20-110, filed 12/31/03, effective 1/31/04. Statutory Authority: RCW 42.17.370(1). 02-03-018, 390-20-110, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.370(1) and 42.17.180 (1)(h). 98-01-062, 390-20-110, filed 12/11/97, effective 1/11/98. Statutory Authority: RCW 42.17.370(1). 96-01-103, 390-20-110, filed 12/19/95, effective 1/19/96. Statutory Authority: RCW 42.17.390. 95-01-074A, 390-20-110, filed 12/16/94, effective 1/16/95. Statutory Authority: RCW 42.17.370. 93-04-072, 390-20-110, filed 1/29/93, effective 3/1/93; 90-22-018, 390-20-110, filed 10/29/90, effective 11/29/90. Statutory Authority: RCW 42.17.370(1). 87-05-001 (Order 87-01), 390-20-110, filed 2/5/87; 85-24-020 (Order 85-05), 390-20-110, filed 11/26/85; 84-05-018 (Order 84-01), 390-20-110, filed 2/10/84; Order 62, 390-20-110, filed 8/26/75.]


WAC 390-05-222   Domestic partner -- Definition.   "Domestic partner" or "domestic partners," as those terms are used in chapter 42.17 RCW and TITLE 390 WAC, means "state registered domestic partners" as defined in RCW 26.60.020(1).


Washington State Code Reviser's Office