WSR 09-01-042



[ Filed December 10, 2008, 9:11 a.m. ]

Continuance of WSR 08-19-057.

Exempt from preproposal statement of inquiry under WSR 08-10-004.

Title of Rule and Other Identifying Information: Amendments to WAC 390-05-515 Member. This rule describes when a communication to a "member" as that term is used in chapter 42.17 RCW, the public disclosure commission (PDC) statutes, including RCW 42.17.020 and 42.17.100, is an internal political communication and not a contribution.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on January 22, 2009, at 9:30 a.m.

Date of Intended Adoption: January 22, 2009.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, e-mail, fax (360) 753-1112, by January 14, 2009.

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 amendments to WAC 390-05-515 are needed to more specifically address (and exclude) entities that describe their customers as "members" but their relationship is more akin to that of seller-buyer and to provide an additional factor to determine membership.

Public hearing and possible adoption date is changed from December 4, 2008, to January 22, 2009.

Reasons Supporting Proposal: To provide guidance and clarification regarding the public disclosure law to entities with "members."

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 of "member" for purposes of public disclosure.

Name of Proponent: , governmental.

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 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 to the adoption of these rules.

December 10, 2008

Vicki Rippie

Executive Director

Washington State Code Reviser's Office