5150 AMH SG H4923

5150 AMH SG H4923.2

SB 5150 - S COMM AMD

By Committee on State Government

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 42.17.105 and 1991 c 157 s 1 are each amended to read as follows:

(1) Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution or aggregate of contributions which: Exceeds five hundred dollars; is from a single person or entity; and is received during a special reporting period.

Any political committee making a contribution or an aggregate of contributions to a single entity which exceeds five hundred dollars shall also prepare and deliver to the commission the special report if the contribution or aggregate of contributions is made during a special reporting period.

For the purposes of subsections (1) through (7) of this section:

(a) Each of the following intervals is a special reporting period: (i) The interval beginning after the period covered by the last report required by RCW 42.17.080 and 42.17.090 to be filed before a primary and concluding on the end of the day before that primary; and (ii) the interval composed of the twenty-one days preceding a general election; and

(b) An aggregate of contributions includes only those contributions received from a single entity during any one special reporting period or made by the contributing political committee to a single entity during any one special reporting period.

(2) If a campaign treasurer files a special report under this section for one or more contributions received from a single entity during a special reporting period, the treasurer shall also file a special report under this section for each subsequent contribution of any size which is received from that entity during the special reporting period. If a political committee files a special report under this section for a contribution or contributions made to a single entity during a special reporting period, the political committee shall also file a special report for each subsequent contribution of any size which is made to that entity during the special reporting period.

(3) Except as provided in subsection (4) of this section, the special report required by this section shall be delivered in written form, including but not limited to mailgram, telegram, or nightletter. The special report required of a contribution recipient by subsection (1) of this section shall be delivered to the commission within forty-eight hours of the time, or on the first working day after: The contribution exceeding five hundred dollars is received by the candidate or treasurer; the aggregate received by the candidate or treasurer first exceeds five hundred dollars; or the subsequent contribution that must be reported under subsection (2) of this section is received by the candidate or treasurer. The special report required of a contributor by subsection (1) of this section or RCW 42.17.175 shall be delivered to the commission, and the candidate or political committee to whom the contribution or contributions are made, within twenty-four hours of the time, or on the first working day after: The contribution is made; the aggregate of contributions made first exceeds five hundred dollars; or the subsequent contribution that must be reported under subsection (2) of this section is made.

(4) The special report may be transmitted orally by telephone to the commission to satisfy the delivery period required by subsection (3) of this section if the written form of the report is also mailed to the commission and postmarked within the delivery period established in subsection (3) of this section.

(5) The special report shall include at least:

(a) The amount of the contribution or contributions;

(b) The date or dates of receipt;

(d) The name and address of the recipient; and

(e) Any other information the commission may by rule require.

(6) Contributions reported under this section shall also be reported as required by other provisions of this chapter.

A written report that bears the signature of the candidate, treasurer, or deputy treasurer and is transmitted via electronic facsimile equipment within the delivery period in subsection (3) of this section meets the reporting requirements of this section if the original, signed report is subsequently filed with the commission by a deadline set by the commission by rule.

(7) The commission shall ((publish daily a summary of)) immediately upon receipt make available for public inspection and copying the special reports made under this section and RCW 42.17.175.

(8) It is a violation of this chapter for any person to make, or for any candidate or political committee to accept from any one person, contributions reportable under RCW 42.17.090 in the aggregate exceeding fifty thousand dollars for any campaign for state-wide office or exceeding five thousand dollars for any other campaign subject to the provisions of this chapter within twenty-one days of a general election. This subsection does not apply to contributions made by, or accepted from, a major Washington state political party as defined in RCW 29.01.090.

(9) Contributions governed by this section include, but are not limited to, contributions made or received indirectly through a third party or entity whether the contributions are or are not reported to the commission as earmarked contributions under RCW 42.17.135."

"Sec. 2. RCW 42.17.135 and 1989 c 280 s 13 are each amended to read as follows:

(1) A candidate or political committee receiving a contribution earmarked for the benefit of another candidate or political committee shall:

(((1))) (a) Report the contribution as required in RCW 42.17.080 and 42.17.090;

(((2))) (b) Complete a report, entitled "Earmarked contributions," on a form prescribed by the commission by rule, ((which)) that identifies the name and address of the person who made the contribution, the candidate or political committee for whose benefit the contribution is earmarked, the amount of the contribution, and the date on which the contribution was received; ((and

(3))) (c) Within two working days of receiving the contribution, notify the commission and the candidate or political committee for whose benefit the contribution is earmarked regarding the receipt of the contribution by mailing or delivering to the commission and to the candidate or committee a copy of the "Earmarked contributions" report((. Such notice shall be given within two working days of receipt of the contribution.

A candidate or political committee receiving notification of an earmarked contribution under subsection (3) of this section shall report the contribution, once the contribution is received by the candidate or committee, in the same manner as the receipt of any other contribution is disclosed in reports required by RCW 42.17.080 and 42.17.090)); and

(d) Not later than the tenth day of the month after the election, file a report of the total earmarked contributions that have been received on behalf of each candidate or political committee during the calendar year, the name of each beneficiary, and the amount expended to or for each beneficiary. This report must be filed with the commission and county elections officer with whom other reports under this chapter are filed.

(2) If the contribution is spent on behalf of the ultimate recipient, the person making the expenditure shall notify the benefiting candidate or committee of the actual amount of funds spent at the earliest practicable time.

(3) A candidate or political committee for whose benefit a contribution is earmarked shall report the earmarked contribution as required by RCW 42.17.080 and 42.17.090 and shall list the total amount of the contribution, and the name and address of both the original contributor and the candidate or political committee who actually received the contribution.

If the candidate or treasurer is subsequently notified that an earmarked contribution has been spent on behalf of the campaign, corrected information must be reported on the next report required by RCW 42.17.080 if the amount actually spent differed from the total contribution originally reported."

"NEW SECTION. Sec. 3. The legislature does not intend this act, or any provision of this act, to be submitted to the people as a "conflicting measure" under Article II, section 1(a) of the Constitution of the state of Washington. If this act, or any provision of this act, is held to constitute such a "conflicting measure," this act is void in its entirety and of no force and effect."

SB 5150 - H COMM AMD

By Committee on State Government

On page 1, line 1 of the title, after "reporting;" strike the remainder of the title and insert "amending RCW 42.17.105 and 42.17.135; and creating a new section."