BP BHEAD INT S [atlas:bill]

AN ACT Relating to penalties for violation of the public disclosure act; amending RCW 42.17.390 and 42.17.395; and prescribing penalties.

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

Sec. 1. RCW 42.17.390 and 1993 c 2 s 28 are each amended to read as follows:

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:

(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~~)) The court or the legislature, as applicable, shall presume that a material and substantial violation of this chapter has affected the outcome of the election. Unless the presumption is defeated by clear, cogent, and convincing evidence, the court or the legislature, as applicable, shall declare the election 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.

(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.

(3) Any person who violates any of the provisions of this chapter may be subject to a civil penalty of not more than ((~~ten~~)) forty thousand dollars for each such violation. However, a person or entity who violates RCW 42.17.640 may be ordered to return a contribution illegally accepted and may be subject to a civil penalty of ((~~ten~~)) twenty thousand dollars or three times the amount of the contribution illegally made or accepted, whichever is greater.

(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~~)) forty dollars per day for each day each such delinquency continues.

(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.

(6) A person who makes an independent expenditure that is unlawful because of the encouragement, approval, or collaboration of a candidate is subject to a penalty of up to three times the amount of the unlawful expenditure.

(7) If a candidate or an officer of a candidate's authorized committee or of a political committee is found to have intentionally violated this chapter, he or she may be ordered to pay any civil penalty that is imposed from personal funds.

(8) The court may enjoin any person to prevent the doing of any act ((~~herein~~)) prohibited by this chapter, or to compel the performance of any act required ((~~herein~~)) by this chapter.

Sec. 2. RCW 42.17.395 and 1989 c 175 s 91 are each amended to read as follows:

(1) The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue and enforce an appropriate order following such determination.

(2) The commission, in cases where it chooses to determine whether an actual violation of this chapter has occurred, shall hold a hearing pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to make such determination. Any order that the commission issues under this section shall be pursuant to such hearing.

(3) In lieu of holding a hearing or issuing an order under this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW 42.17.360.

(4) The person against whom an order is directed under this section shall be designated as the respondent. The order may require the respondent to cease and desist from the activity that constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in RCW 42.17.390((~~(1) (b), (c), (d), or (e)~~)) (2), (3), (4), or (5): PROVIDED, That no individual penalty assessed by the commission may exceed ((~~one~~)) two thousand dollars, and in any case where multiple violations are involved in a single complaint or hearing, the maximum aggregate penalty may not exceed ((~~two~~)) five thousand ((~~five hundred~~)) dollars.

(5) An order issued by the commission under this section shall be subject to judicial review under the Administrative Procedure Act, chapter 34.05 RCW. If the commission's order is not satisfied and no petition for review is filed within thirty days as provided in RCW 34.05.542, the commission may petition a court of competent jurisdiction of any county in which a petition for review could be filed under that section, for an order of enforcement. Proceedings in connection with the commission's petition shall be in accordance with RCW 42.17.397.

(6) A candidate who has not complied with an order issued under RCW 42.17.390 or this section, and the remedies imposed thereunder, shall not solicit or accept contributions or make expenditures until the candidate has complied with the order and the remedies so imposed.

(7)(a) A political committee that has not complied with an order issued under RCW 42.17.390 or this section, and the remedies imposed thereunder, shall not solicit or accept contributions or make expenditures until it has complied with the order and the remedies so imposed. This restriction applies to the political committee against whom the order and remedies were issued as well as a political committee that has a majority of the same officers as the committee that is subject to the order.

(b) If an officer of a political committee has not complied with an order issued under RCW 42.17.390 or this section, and the remedies imposed thereunder, then the political committee shall not solicit or accept contributions or make expenditures until the officer has complied with the order and the remedies so imposed. This restriction applies to the committee of which the individual subject to the order was an officer at the time of the violation as well as any other political committee of which the individual is an officer.

(8) A person who has not complied with an order issued under RCW 42.17.390 or this section, and the remedies imposed thereunder, shall not register as a lobbyist, receive compensation as a lobbyist, or make expenditures for lobbying expenses until the person has complied with the order and the remedies so imposed. If the person is presently registered as a lobbyist or a lobbyist employer, the commission may suspend or revoke the person's registration.

(9) A sponsor of a grass roots lobbying campaign that has not complied with an order issued under RCW 42.17.390 or this section, and the remedies imposed thereunder, may not receive contributions or make expenditures for grass roots lobbying purposes until the sponsor has complied with the order and the remedies so imposed.