WSR 13-07-011



[ Filed March 8, 2013, 8:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-03-084.

Title of Rule and Other Identifying Information: WAC 390-12-170 Public disclosure commission -- Organization and structure -- Officers -- Terms and 390-24-160 Definition -- Professional staff member.

Hearing Location(s): Public Disclosure Commission (PDC), Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA 98504, on Thursday, April 25, 2013, at 9:30 a.m.

Date of Intended Adoption: April 25, 2013.

Submit Written Comments to: Lori Anderson, P.O. Box 40908, Olympia, e-mail, fax (360) 753-1112, by Tuesday, April 23, 2013.

Assistance for Persons with Disabilities: Contact Jana Greer by e-mail, (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendment to WAC 390-12-170 Public disclosure commission -- Organization and structure -- Officers -- Terms, eliminates the office of secretary from the PDC's organizational structure.

Proposed amendments to WAC 390-24-160 Definition -- Professional staff member, changes the date by which the PDC annually receives names of professional staff from the governor, senate, and house of representatives for the purpose of enforcing RCW 42.17A.700 and describes the procedures the PDC will follow to make the information available to the public.

Reasons Supporting Proposal: Proposed amendments to WAC 390-24-160, (1) allow more time for the lists to be compiled during the time when professional staff are being hired for the upcoming legislation [legislative] session, which will provide for a more complete list and equitable enforcement of RCW 42.17A.700 and (2) promotes transparency in government by allowing public access to the names of professional staff who are subject to RCW 42.17A.700.

Duties historically performed by the commissioner who was elected secretary have been delegated to staff and the proposed amendment to WAC 390-12-170 removes the office of secretary from the PDC's organizational structure.

Statutory Authority for Adoption: RCW 42.17A.110.

Statute Being Implemented: RCW 42.17A.700 and 42.17A.705, 42.17A.100.

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: Proposed amendments should have no fiscal impact on the PDC or any other agency.

Name of Proponent: PDC, governmental.

Name of Agency Personnel Responsible for Drafting: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; Implementation and Enforcement: Andrea McNamara Doyle, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 753-1111.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these proposed 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 that 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.

March 6, 2013

Lori Anderson

Communications and

Training Officer


AMENDATORY SECTION(Amending WSR 93-19-034, filed 9/7/93, effective 10/8/93)

WAC 390-12-170   Public disclosure commission -- Organization and structure -- Officers -- Terms.   The officers of the public disclosure commission for administrative purposes shall be chair((,)) and vice-chair ((and secretary)). Their terms shall be one year or until a successor is elected.

[Statutory Authority: RCW 42.17.370. 93-19-034, 390-12-170, filed 9/7/93, effective 10/8/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), 390-12-170, filed 7/9/85; Order 62, 390-12-170, filed 8/26/75; Order 14, 390-12-170, filed 7/31/73.]


AMENDATORY SECTION(Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)

WAC 390-24-160   Definition -- Professional staff member.   (1) A professional staff member of the office of the governor and of the legislature includes all individuals retained on a full or part-time basis whose primary responsibilities require the exercise of judgment and discretion in policy related matters, including, but not limited to, such individuals who are involved in the development of legislation. A professional staff member does not include individuals retained primarily for clerical, ministerial, or internal accounting and bookkeeping purposes.

(2) ((To insure that the provisions of Referendum 36 and this rule are properly and fairly administered and to provide guidance to affected individuals, the commission, through its chair and executive director, shall confer annually in December with the governor, the secretary of the senate and the clerk of the house regarding the specific professional staff members believed to fall within the criteria set forth in subsection (1) of this section. The executive director shall submit a report of those conferences to the commission at its December meeting for approval, disapproval or modification, or other determination. Each determination shall be based on an annual review of the positions and personnel to be retained by the affected governmental bodies during the ensuing year and shall constitute the commission's administrative interpretation of the term "professional staff member" in RCW 42.17A.705 (2) and (3) and its application to such positions and personnel.)) The commission needs a complete and accurate list of professional staff members of the governor, the senate, and the house of representatives, in order to properly and fairly administer the personal financial affairs disclosure requirements applicable to executive state officers as defined in RCW 42.17A.705. Each December, the executive director shall ask the governor, the secretary of the senate, and the clerk of the house to provide the commission by January 15th, the names and positions of the professional staff members meeting the criteria set forth in subsection (1) of this section, who are expected to be retained during the ensuing year, and to provide periodic updates throughout the year as necessary to reflect changes in professional staff. The executive director will present to the commission the lists of professional staff members received from the governor, senate, and house of representatives and post the lists on the commission's web site.

[Statutory Authority: RCW 42.17A.110. 12-03-002, 390-24-160, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.390. 94-05-010, 390-24-160, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), 390-24-160, filed 3/26/86; Order 88, 390-24-160, filed 12/29/76.]