AN
ACT Relating to filing of reports with the public disclosure commission;
amending RCW 42.17.065, 42.17.080, 42.17.369, 42.17.3691, and 42.17.461; and
adding a new section to chapter 42.17 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
42.17.065 and 1989 c 280 s 5 are each amended to read as follows:
(1)
In addition to the provisions of this section, a continuing political committee
shall file and report on the same conditions and at the same times as any other
committee in accordance with the provisions of RCW 42.17.040, 42.17.050, and
42.17.060.
(2)
A continuing political committee shall file with the commission and the auditor
or elections officer of the county in which the committee maintains its office
or headquarters and if there is no such office or headquarters then in the
county in which the committee treasurer resides a report on the tenth day of
the month detailing its activities for the preceding calendar month in which
the committee has received a contribution or made an expenditure: PROVIDED,
That such report shall only be filed if either the total contributions received
or total expenditures made since the last such report exceed two hundred
dollars: PROVIDED FURTHER, That after January 1, 2002, if the committee
files with the commission electronically, it need not also file with the county
auditor or elections officer. The report shall be on a form supplied by
the commission and shall include the following information:
(a)
The information required by RCW 42.17.090;
(b)
Each expenditure made to retire previously accumulated debts of the committee;
identified by recipient, amount, and date of payments;
(c)
Such other information as the commission shall by rule prescribe.
(3)
If a continuing political committee shall make a contribution in support of or
in opposition to a candidate or ballot proposition within sixty days prior to
the date on which such candidate or ballot proposition will be voted upon, such
continuing political committee shall report pursuant to RCW 42.17.080.
(4)
A continuing political committee shall file reports as required by this chapter
until it is dissolved, at which time a final report shall be filed. Upon
submitting a final report, the duties of the campaign treasurer shall cease and
there shall be no obligation to make any further reports.
(5)
The campaign treasurer shall maintain books of account accurately reflecting
all contributions and expenditures on a current basis within five business days
of receipt or expenditure. During the eight days immediately preceding the
date of any election, for which the committee has received any contributions or
made any expenditures, the books of account shall be kept current within one
business day and shall be open for public inspection ((for at least two
consecutive hours Monday through Friday, excluding legal holidays, between 8:00
a.m. and 8:00 p.m., as specified in the committee's statement of organization
filed pursuant to RCW 42.17.040, at the principal campaign headquarters or, if
there is no campaign headquarters, at the address of the campaign treasurer or
such other place as may be authorized by the commission)) in the same
manner as provided for candidates and other political committees in RCW
42.17.080(5).
(6)
All reports filed pursuant to this section shall be certified as correct by the
campaign treasurer.
(7) The campaign treasurer shall preserve books of account, bills,
receipts, and all other financial records of the campaign or political
committee for not less than five calendar years following the year during which
the transaction occurred.
Sec.
2. RCW
42.17.080 and 1999 c 401 s 13 are each amended to read as follows:
(1)
On the day the treasurer is designated, each candidate or political committee
shall file with the commission and the county auditor or elections officer of
the county in which the candidate resides, or in the case of a political
committee, the county in which the treasurer resides, in addition to any
statement of organization required under RCW 42.17.040 or 42.17.050, a report
of all contributions received and expenditures made prior to that date, if any.
(2)
At the following intervals each treasurer shall file with the commission and
the county auditor or elections officer of the county in which the candidate
resides, or in the case of a political committee, the county in which the
committee maintains its office or headquarters, and if there is no office or
headquarters then in the county in which the treasurer resides, a report
containing the information required by RCW 42.17.090:
(a)
On the twenty-first day and the seventh day immediately preceding the date on
which the election is held; and
(b)
On the tenth day of the first month after the election: PROVIDED, That this
report shall not be required following a primary election from:
(i)
A candidate whose name will appear on the subsequent general election ballot;
or
(ii)
Any continuing political committee; and
(c)
On the tenth day of each month in which no other reports are required to be
filed under this section: PROVIDED, That such report shall only be filed if
the committee has received a contribution or made an expenditure in the
preceding calendar month and either the total contributions received or total
expenditures made since the last such report exceed two hundred dollars.
When
there is no outstanding debt or obligation, and the campaign fund is closed,
and the campaign is concluded in all respects, and in the case of a political
committee, the committee has ceased to function and has dissolved, the
treasurer shall file a final report. Upon submitting a final report, the
duties of the treasurer shall cease and there shall be no obligation to make
any further reports.
The
report filed twenty-one days before the election shall report all contributions
received and expenditures made as of the end of the fifth business day before
the date of the report. The report filed seven days before the election shall
report all contributions received and expenditures made as of the end of the
one business day before the date of the report. Reports filed on the tenth day
of the month shall report all contributions received and expenditures made from
the closing date of the last report filed through the last day of the month
preceding the date of the current report.
(3)
For the period beginning the first day of the fourth month preceding the date
on which the special or general election is held and ending on the date of that
election, each Friday the treasurer shall file with the commission and the
appropriate county elections officer a report of each bank deposit made during
the previous seven calendar days. The report shall contain the name of each person
contributing the funds so deposited and the amount contributed by each person.
However, contributions of no more than twenty-five dollars in the aggregate
from any one person may be deposited without identifying the contributor. A
copy of the report shall be retained by the treasurer for his or her records.
In the event of deposits made by a deputy treasurer, the copy shall be
forwarded to the treasurer for his or her records. Each report shall be
certified as correct by the treasurer or deputy treasurer making the deposit.
(4)
If a city requires that candidates or committees for city offices file
reports with a city agency, the candidate or treasurer so filing need not also
file the report with the county auditor or elections officer.
(5)
The treasurer or candidate shall maintain books of account accurately
reflecting all contributions and expenditures on a current basis within five
business days of receipt or expenditure. During the eight days immediately
preceding the date of the election the books of account shall be kept current
within one business day. As specified in the committee's statement of
organization filed under RCW 42.17.040, the books of account must be open for
public inspection as follows:
(a)
For at least two consecutive hours between 8:00 a.m. and 8:00 p.m. on
the eighth day immediately before the election, ((between 8:00 a.m. and 8:00
p.m., as specified in the committee's statement of organization filed pursuant
to RCW 42.17.040)) except when it is a legal holiday, in which case on
the seventh day immediately before the election, at the principal
headquarters or, if there is no headquarters, at the address of the treasurer
or such other place as may be authorized by the commission; and
(b)
By appointment for inspections to be conducted at the designated place for
inspections between 8:00 a.m. and 8:00 p.m. on any other day from the seventh
day through the day immediately before the election, other than Saturday,
Sunday, or a legal holiday. It is a violation of this chapter for a candidate
or political committee to refuse to allow and keep an appointment for an
inspection to be conducted during these authorized times and days in the week
prior to the election. The appointment must be allowed at an authorized time
and day for such inspections that is within twenty-four hours of the time and
day that is requested for the inspection.
(((5)))
(6) The treasurer or candidate shall preserve books of account, bills,
receipts, and all other financial records of the campaign or political
committee for not less than five calendar years following the year during which
the transaction occurred.
(((6)))
(7) All reports filed pursuant to subsection((s)) (1) or (2) of
this section shall be certified as correct by the candidate and the treasurer.
(((7)))
(8) Copies of all reports filed pursuant to this section shall be
readily available for public inspection for at least two consecutive hours
Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00
p.m., as specified in the committee's statement of organization filed pursuant
to RCW 42.17.040, at the principal headquarters or, if there is no
headquarters, at the address of the treasurer or such other place as may be
authorized by the commission.
(((8)))
(9) After January 1, 2002, a report that is filed with the commission
electronically need not also be filed with the county auditor or elections
officer.
(10)
The commission shall adopt administrative rules establishing requirements for
filer participation in any system designed and implemented by the commission
for the electronic filing of reports.
Sec.
3. RCW
42.17.369 and 1999 c 401 s 11 are each amended to read as follows:
(1)
By July 1, 1999, the commission shall ((offer every)) make available
to candidates, public officials, and political
committees((, and party organization)) that ((is)) are
required to file reports under this chapter ((the option of filing)) an
electronic filing alternative for submitting financial affairs reports,
contribution reports, and expenditure reports ((electronically)),
including but not limited to filing by diskette ((or via)),
modem, satellite, or the Internet.
(2)
By January 1, ((2001)) 2002, the commission shall ((offer all))
make available to lobbyists and lobbyists' employers required to file
reports under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180 ((the option
of filing)) an electronic filing alternative for submitting these
reports ((electronically)) including but not limited to filing by
diskette ((or via)), modem, satellite, or the Internet.
(3)
The commission shall make available to ((each)) candidates,
public officials, political committees, lobbyists, and
lobbyists' employers((, and party organization)) an electronic
copy of the appropriate reporting forms at no charge.
Sec.
4. RCW
42.17.3691 and 1999 c 401 s 12 are each amended to read as follows:
(1)
Beginning January 1, ((2001)) 2002, each ((continuing)) candidate
or political committee((,)) that expended ((ten)) twenty-five
thousand dollars or more in the preceding year or expects to expend ((ten))
twenty-five thousand dollars or more ((in expenditures)) in the
current year((,)) shall file all contribution reports and expenditure
reports required by this chapter ((electronically by diskette or via modem,
satellite, or the Internet)) by the electronic alternative provided by
the commission under RCW 42.17.369. The commission may make exceptions on a
case-by-case basis for candidates whose authorized committees lack the
technological ability to file reports using the electronic alternative provided
by the commission.
(2)
Beginning January 1, 2004, each candidate or political committee that expended
ten thousand dollars or more in the preceding year or expects to expend ten
thousand dollars or more in the current year shall file all contribution
reports and expenditure reports required by this chapter by the electronic
alternative provided by the commission under RCW 42.17.369. The commission may
make exceptions on a case-by-case basis for candidates whose authorized
committees lack the technological ability to file reports using the electronic
alternative provided by the commission.
(3)
Failure by a ((continuing)) candidate or political committee to
comply with this section is a violation of this chapter.
Sec.
5. RCW
42.17.461 and 1999 c 401 s 2 are each amended to read as follows:
(1)
The commission shall establish goals that all reports, copies of reports, or
copies of the data or information included in reports, filed under RCW
42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170,
42.17.175, and 42.17.180, that are:
(a)
Submitted using the commission's electronic filing system shall be accessible
in the commission's office within two business days of the commission's receipt
of the report and shall be accessible on the commission's web site within seven
business days of the commission's receipt of the report; and
(b)
Submitted in any format or using any method other than as described in (a) of
this subsection, shall be accessible in the commission's office within four
business days of the actual physical receipt of the report, and not the
technical date of filing as provided under RCW 42.17.420, and shall be
accessible on the commission's web site within fourteen business days of the
actual physical receipt of the report, and not the technical date of filing as
provided under RCW 42.17.420, as specified in rule adopted by the commission.
(2)
On January 1, 2001, or shortly thereafter, the commission shall revise these
goals to reflect that all reports, copies of reports, or copies of the data or
information included in reports, filed under RCW 42.17.040, 42.17.065,
42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and
42.17.180, that are:
(a)
Submitted using the commission's electronic filing system shall be accessible
in the commission's office within two business days of the commission's
receipt of the report and on the commission's web site within ((two))
four business days of the commission's receipt of the report; and
(b)
Submitted in any format or using any method other than as described in (a) of
this subsection, shall be accessible in the commission's office within four
business days of the actual physical receipt of the report, and not the
technical date of filing as provided under RCW 42.17.420, and on the
commission's web site within ((four)) seven business days of the
actual physical receipt of the report, and not the technical date of filing as
provided under RCW 42.17.420, as specified in rule adopted by the commission.
(3)
On January 1, 2002, or shortly thereafter, the commission shall revise these
goals to reflect that all reports, copies of reports, or copies of the data or
information included in reports, filed under RCW 42.17.040, 42.17.065, 42.17.080,
42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180, that are:
(a)
Submitted using the commission's electronic filing system must be accessible in
the commission's office and on the commission's web site within two business
days of the commission's receipt of the report; and
(b)
Submitted in any format or using any method other than as described in (a) of
this subsection, must be accessible in the commission's office and on the
commission's web site within four business days of the actual physical receipt
of the report, and not the technical date of filing as provided under RCW
42.17.420, as specified in rule adopted by the commission.
NEW
SECTION. Sec. 6. A
new section is added to chapter 42.17 RCW to read as follows:
In addition to its regular telephone number, the commission shall
offer political committees and residents of this state the opportunity to
contact the commission by a toll-free telephone number.
