H-1453              _______________________________________________

                                                    HOUSE BILL NO. 699

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives R. King and K. Wilson 

Read first time 2/8/85 and referred to Committee on Constitution, Elections & Ethics.

AN ACT Relating to powers of the public disclosure commission; and amending RCW 42.17.360 and 42.17.390.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 36, chapter 1, Laws of 1973 and RCW 42.17.360 are each amended to read as follows:

          The commission shall:

          (1) Develop and provide forms for the reports and statements required to be made under this chapter:

          (2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for use by persons required to make reports and statements under this chapter;

          (3) Compile and maintain a current list of all filed reports and statements;

          (4) Investigate whether properly completed statements and reports have been filed within the times required by this chapter;

          (5) Upon complaint or upon its own motion, investigate and report apparent violations of this chapter to the appropriate law enforcement authorities and, whenever possible, in the case of an apparent violation which the commission finds to have probably affected the outcome of an election, to petition a court of competent jurisdiction to enjoin the certification of returns required under RCW 29.62.010 for the election where the apparent violation was found to have occurred, or to enjoin the issuance of a certificate of nomination or election under chapter 29.27 RCW for that election;

          (6) Prepare and publish an annual report to the governor as to the effectiveness of this chapter and its enforcement by appropriate law enforcement authorities; and

          (7) Enforce this chapter according to the powers granted it by law.

        Sec. 2.  Section 39, chapter 1, Laws of 1973 and RCW 42.17.390 are each amended to read as follows:

          (((1))) One or more of the following civil remedies and sanctions may be imposed by court order in addition to any other remedies provided by law:

          (((a))) (1) If the court finds that the violation of any provision of this chapter by any candidate or political committee probably affected the outcome of any election, the result of said election may be held void and a special election held within sixty days of such finding.  Any action to void an election shall be commenced within one year of the date of the election in question.  It is intended that this remedy be imposed freely in all appropriate cases to protect the right of the electorate to an informed and knowledgeable vote.

          (((b))) (2) If any lobbyist or sponsor of any grass roots lobbying campaign violates any of the provisions of this chapter, his registration may be revoked or suspended and he may be enjoined from receiving compensation or making expenditures for lobbying:  PROVIDED, HOWEVER, That imposition of such sanction shall not excuse said lobbyist from filing statements and reports required by this chapter.

          (((c))) (3) Any person who violates any of the provisions of this chapter may be subject to a civil penalty of not more than ten thousand dollars for each such violation.

          (((d))) (4) Any person who fails to file a properly completed statement or report within the time required by this chapter may be subject to a civil penalty of ten dollars per day for each day each such delinquency continues.

          (((e))) (5) Any person who fails to report a contribution or expenditure may be subject to a civil penalty equivalent to the amount he failed to report.

          (((f))) (6) The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein.  A petition from the commission filed under RCW 42.17.360 to enjoin the certification of returns required under RCW 29.62.010 or to enjoin the issuance of a certificate of nomination or election under chapter 29.27 RCW takes precedence over all other matters on the court's docket.  If such an injunction is issued, it remains in effect until the court has made a final determination as to whether or not the election in question shall be held void under subsection (1) of this section.