WSR 99-12-065

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 27, 1999, 2:03 p.m. ]

Date of Adoption: May 25, 1999.

Purpose: The amendment rewrites the rule for clarity.

Citation of Existing Rules Affected by this Order: Amending WAC 390-14-110 List of elected public officials--Name not on list, impact.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 99-09-071 on April 19, 1999.

Changes Other than Editing from Proposed to Adopted Version: Language was added clarifying that the other persons who file pursuant to RCW 42.17.180 (in addition to lobbyist employers) are those who are required to file PDC Form C-7 reports.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 26, 1999

Vicki Rippie

Assistant Director

OTS-3067.2


AMENDATORY SECTION(Amending Order 80-05, filed 5/2/80)

WAC 390-14-110
List of elected public officials--Name not on list, impact.

(1) The commission has as part of its authority the power to suspend or modify reporting requirements of chapter 42.17 RCW, if it finds after hearing that literal application of the act would work a ((manifest)) manifestly unreasonable hardship((,)) and ((if it finds that)) suspension or modification will not frustrate the purposes of the act.

(2) ((Upon a hearing of this nature, the commission shall presume the reporting of the name of any elected official as required by the act to be an unreasonable hardship, if the name of that elected official does not appear on the list compiled pursuant to this chapter.

(3))) The commission shall presume it is a manifestly unreasonable hardship for a lobbyist employer or other person filing PDC Form C-7 pursuant to RCW 42.17.180 to report the compensation paid to a state elected official, a successful candidate for state office, an immediate family member of a state elected official or successful candidate for state office, or a corporation, partnership, joint venture, association, union or other entity in which ((a state elected official or member of his immediate family)) one of these individuals holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more, if:

(a) The name of such official, candidate, family member or entity does not appear on the most recent list of state elected officials ((published)) prepared by the commission pursuant to WAC 390-14-100; and

(b) The lobbyist employer or other filer does not have actual knowledge of ((such)) compensation being paid to such official, candidate, family member or entity.

[Statutory Authority: RCW 42.17.370(1).  80-05-097 (Order 80-05), § 390-14-110, filed 5/2/80; Order 62, § 390-14-110, filed 8/26/75.]

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