WSR 14-21-169
[Filed October 22, 2014, 8:52 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-22-050.
Title of Rule and Other Identifying Information: New WAC 390-24-150 DefinitionOfficer.
Hearing Location(s): 711 Capitol Way, Room 206, Olympia, WA 98504, on December 4, 2014, at 9:30 a.m.
Date of Intended Adoption: December 4, 2014.
Submit Written Comments to: Lori Anderson, (mail) P.O. Box 40908, Olympia, WA 98504-0908, (physical address) 711 Capitol Way, Room 206, Olympia, WA, e-mail, fax (360) 753-1112, by November 26, 2014.
Assistance for Persons with Disabilities: Contact Jana Greer by e-mail or phone (360) 753-1980.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Converts Interpretive Statement 91-01 to rule. New rule defines "officer" for the purpose of the personal financial affairs disclosure required of candidates, elected officials, and executive state officers.
Reasons Supporting Proposal: Over the past year, the commission has been working to convert long-standing interpretations to rules. Interpretation 01-01 has served as useful guidance for more than thirteen years. Converting it to rule better defines for the public the term "office" as it relates to candidates', elected officials', and executive state officers' personal financial disclosure requirements, specifically those who must disclose entities in which an "office" is held.
Statutory Authority for Adoption: RCW 42.17A.110 and 42.17A.710 (1)(n).
Statute Being Implemented: RCW 42.17A.710.
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: No increased costs to the agency are expected.
Name of Proponent: Public disclosure commission (PDC), governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; and Enforcement: Andrea Doyle, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735.
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 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 the section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and, to date, the oint [joint] administrative rules review committee has not made the section applicable to the adoption of these rules.
October 22, 2014
Lori Anderson
Communication and
Training Officer
WAC 390-24-150 DefinitionOfficer.
(1) For the purposes of RCW 42.17A.710 (1)(g) and WAC 390-24-010, the term "officer" means and includes:
(a) President, vice-president, secretary, treasurer, or some derivation thereof;
(b) One who holds a corporate office; or
(c) An individual who holds a position described as an officer in a corporation's bylaws or who is appointed by the board of directors in accordance with the bylaws.
(2) An individual who has been given the title of "officer" to denote a managerial job classification is not an officer for the purposes of RCW 42.17A.710 (1)(g) and WAC 390-24-010.