H-4703.1 _______________________________________________
HOUSE BILL 3012
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Pflug, Buck, DeBolt, Cairnes, Woods, Anderson, Mitchell, Sehlin, Ericksen, Campbell, Chandler and Nixon
Read first time . Referred to Committee on .
AN ACT Relating to ensuring truth in lobbying; adding new sections to chapter 42.17 RCW; creating a new section; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act may be known and cited as "the truth in lobbying act."
NEW SECTION. Sec. 2. The legislature finds that the wrongful use by a person or organization of personal information belonging to another person or organization for the purposes of influencing the policies or conduct of government is harmful to the integrity of the person or organization whose personal identity is misappropriated, the legislative process, sound public policy, and the democratic underpinnings of representative government.
NEW SECTION. Sec. 3. Every person or organization who uses the name of another person or organization for the purpose of influencing or affecting the policy or conduct, or any proposed policy or conduct, of any branch or level of government, or as supporting or opposing any policy or conduct, or any proposed policy or conduct, of any branch or level of government, without the prior knowledge and consent of the other person or organization, is guilty of a misdemeanor.
NEW SECTION. Sec. 4. A person or organization has a private cause of action against any person or organization that violates section 2 of this act. A plaintiff bringing an action under this act may sue to recover economic damages and to enjoin any subsequent or ongoing violations of section 2 of this act. If the plaintiff prevails, in addition to damages proven, the plaintiff shall be awarded costs, reasonable attorneys' fees, and statutory damages of five hundred dollars per violation as established by a preponderance of the evidence.
NEW SECTION. Sec. 5. If, upon all the evidence, the court finds that the respondent has not committed a violation of section 2 of this act, the court shall dismiss the complaint and may include an award of costs and reasonable attorneys' fees in favor of the respondent if the court concludes the complaint was groundless.
NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each added to chapter 42.17 RCW.
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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