AN ACT Relating to campaign financing; amending RCW 29.15.050, 29.18.050, 42.17.095, 42.17.105, 42.17.390, and 43.03.028; adding a new section to chapter 34.05 RCW; adding a new chapter to Title 42 RCW; adding new sections as a new subchapter in chapter 42.17 RCW; adding new sections to chapter 42.17 RCW; adding a new section to chapter 29.80 RCW; adding a new section to chapter 44.04 RCW; creating new sections; prescribing penalties; providing an effective date; and providing an expiration date.

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

NEW SECTION. Sec. 1. INTENT. The legislature finds and declares that:

(1) The integrity of the electoral process is essential to the preservation of a free and democratic society. The central element of this process is the unfettered exchange of ideas between citizens and candidates for public office.

(2) In recent years, the cost of conducting a campaign for state office has become alarmingly and unacceptably high.

(3) The pressure on candidates to raise and spend large sums of money has created a political climate where the financial strength of an individual or special interest group may permit it to exercise a potentially corrupting influence on the electoral process.

(4) The public perception of such corruption and the potential for actual corruption undermines the credibility and integrity of our public officials and candidates for public office, and thus undermines the public's faith that they are being fairly and honestly represented.

(5) It is incumbent upon the legislature to address the increasing role of money in political campaigns and to ensure the preservation of an electoral process where each vote carries equal weight and every candidate can be heard.

For these reasons, the legislature enacts this law to govern the financing of election campaigns for state office.

CAMPAIGN EXPENDITURE LIMITATIONS AND MATCHING FUNDS

NEW SECTION. Sec. 2. DEFINITIONS. The definitions under RCW 42.17.020 apply to sections 2 through 24 of this act except as modified by this section. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 24 of this act:

(1) "Authorized committee" means the political committee authorized by a candidate, or by the state official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or state official.

(2) "Board" or "election board" means the state election board created by this chapter.

(3) "Bona fide political party" means an organization which has filed a valid certificate of nomination with the secretary of state under chapter 29.24 RCW or the governing body of the state organization of a major political party, as defined in RCW 29.01.090, which shall be the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party.

(4) "Candidate" means an individual seeking nomination for election or seeking election to a state office. Such an individual shall be deemed to be seeking nomination for election or seeking election when the individual first:

(a) Announces publicly or files for the office;

(b) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for the office; or

(c) Gives his or her consent to another person to take on behalf of the individual any of the actions in (b) of this subsection.

(5) "Caucus of the state legislature" means the caucus of the members of a major political party in the state house of representatives or in the state senate.

(6) "Election cycle" means the period beginning on the first day of December following the date of the last previous general election for the office which the candidate seeks and ending on November thirtieth following the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November thirtieth following the special election.

(7) "Eligible candidate" means a candidate for a state office who is eligible under sections 3 and 7 of this act to receive payments under this chapter.

(8) "General election" means the election which directly results in the election of a person to a state office. It does not include a primary.

(9) "Immediate family" means a candidate's spouse, and any child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the candidate and the spouse of any such person and any child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the candidate's spouse and the spouse of any such person.

(10) "Independent expenditure" means an "expenditure" as defined in RCW 42.17.020 which has each of the following elements:

(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of a candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for any political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for any political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

(b) The expenditure pays in whole or in part for any political advertising which either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies such candidate without using the candidate's name; and

(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A sequence of expenditures each of which is under five hundred dollars shall constitute one independent expenditure as of the time that the last expenditure brings the total value of the sequence to five hundred dollars or more, and no expenditure in the sequence which has been reported to the board under section 12 of this act shall be considered as part of any future independent expenditure.

(11) "Major party" means a major political party as defined in RCW 29.01.090.

(12) "Minor party" means a minor political party as defined in RCW 29.01.100.

(13) "Multicandidate political committee" means a political committee which, during a period of three calendar years: Receives contributions of twenty-five dollars or more from each of twenty-five or more persons; and makes contributions of at least twenty-five dollars to each of five or more candidates or to the authorized committees of five or more candidates. "Multicandidate political committee" does not mean a candidate or the authorized committee of a candidate.

(14) "Primary" means the procedure for nominating a candidate to state office under chapter 29.18 or 29.21 RCW or any other primary for an election which uses, in large measure, the procedures established in chapter 29.18 or 29.21 RCW.

(15) "Recall campaign" means the period of time beginning on the date of the filing of recall charges pursuant to RCW 29.82.015 and ending thirty days after the recall election.

(16) "State campaign account" or "account" means the state election campaign account established in section 16 of this act.

(17) "State legislative office" means the office of a member of the state house of representatives and the office of a member of the state senate.

(18) "State office" means the office of a member of the state legislature or of any elective state executive officer.

(19) "State official" means a person who holds a state office.

NEW SECTION. Sec. 3. ELIGIBILITY FOR PAYMENTS‑-EXPENDITURE LIMIT AGREEMENT‑-THRESHOLD AMOUNTS‑-USE OF LOGO. (1) To be eligible to receive payments under this chapter a candidate shall:

(a) Identify the office sought by the candidate; and

(b) Agree in writing that the candidate and the authorized committee of the candidate:

(i) Will fully comply with the fair campaign practices code adopted by the public disclosure commission as it now exists or is hereafter amended;

(ii) Have not made and will not make expenditures during the election cycle which exceed any expenditure limitation applicable to the candidate under section 4 of this act for the office sought by the candidate;

(iii) Will deposit all payments received under section 9 of this act in a separate checking account which shall contain only funds so received, and will make no expenditures of funds received under this section except by checks drawn on that account. The account shall be in a financial institution located in this state whose deposits are insured by the federal deposit insurance corporation, federal savings and loan insurance corporation, or national credit union administration;

(iv) Will furnish to the election board campaign records, evidence of contributions, and other appropriate information as may be required by the board; and

(v) Will cooperate in the case of any audit and examination by or for the board under section 17 of this act.

(2) The agreement required by subsection (1) of this section must be filed with the election board by the third business day after the candidate has first received during the election cycle contributions, less loan repayments, in an aggregate amount of:

(a) For a candidate for the office of governor, twenty-five thousand dollars;

(b) For a candidate for state executive office other than the office of governor, seven thousand five hundred dollars; and

Such aggregate contributions include both those which satisfy and those which do not satisfy the provisions of section 10 of this act.

(3) The provisions of this section shall not be construed as preventing a candidate from filing a statement of intent with the board at any time. Such a statement shall include a promise signed by the candidate that the candidate has not and will not exceed the expenditure limitation applicable to the candidate under section 4 of this act.

(4) Nothing in this chapter requires any candidate to apply for or accept public funding under section 9 or 11 of this act.

(5) A candidate for state office who enters and abides by an agreement under subsection (1) of this section is entitled to display the following good campaign practices seal in the political advertising and communications of the candidate during the election cycle to which the agreement applies:

..........

NEW SECTION. Sec. 4. EXPENDITURE LIMITS FOR CANDIDATES UNDER AGREEMENT. (1) Except as provided in subsection (4) of this section, the expenditure limit for the election cycle for a candidate for state office who agrees to the limitations established in this chapter is the greater of: (a) The base amount established for the office sought under subsection (2) of this section; or (b) the base amount plus the amount applicable to the candidate under subsection (3) of this section regarding independent expenditures.

(2) The base amount referred to in subsection (1) of this section is:

(a) For the office of governor, two million two hundred thousand dollars;

(b) For state executive office other than the office of governor, eight hundred thousand dollars; and

(3) If, during the twelve months preceding the election in which the candidate is seeking office, independent expenditures by any person or persons are made in opposition to the candidate or for any other candidate for the office sought by the candidate, the expenditure limitation applicable to the candidate (not the other candidate) during the election cycle shall be increased by an amount equal to the amount of the independent expenditures under the following circumstances:

(a) The candidate is a candidate for state executive office and the aggregate of such independent expenditures exceeds an amount equal to five percent of the base amount established in subsection (2) of this section for the office sought; or

(b) The candidate is a candidate for state legislative office and the aggregate of such independent expenditures exceeds an amount equal to ten percent of the base amount established in subsection (2) of this section for the office sought.

(4) A candidate for an office is not subject to an expenditure limitation under this chapter, if during the election cycle another candidate for that office:

(a) Enters an expenditure limitation and eligibility agreement under section 3 of this act for an election cycle but expends during the election cycle more than the expenditure limit applicable to that other candidate; or

(b)(i) Receives contributions, less any loan repayments, aggregating more than the amount listed in section 3(2) of this act for that office; and

(ii) Has not filed with the board the expenditure limitation and eligibility agreement under section 3 of this act within three business days of receiving that aggregate amount in contributions.

NEW SECTION. Sec. 5. RULES FOR COUNTING CONTRIBUTIONS AND EXPENDITURES. For the purposes of this chapter:

(1) The expenditures made by and the contributions received by a candidate and the expenditures made by and the contributions received by the authorized committee of the candidate are considered to be expenditures made by and contributions received by the candidate.

(2) Payments made by a candidate to repay loans made to the candidate shall be reported but shall not be counted when determining the total expenditures made by the candidate and the candidate's authorized committee with regard to any of the expenditure limitations provided by this chapter.

(3) A contribution received within the twelve-month period following a general election for a state office shall be considered to be a contribution during the election cycle for the state office ending with that election. This subsection only applies to the extent the contribution is used to pay any debt or obligation incurred to influence the outcome of that election or the primary conducted for that election.

NEW SECTION. Sec. 6. ADDITIONAL RULES FOR COUNTING EXPENDITURES‑-CHAPTER APPLIES TO ELECTIONS TO FILL VACANCIES. (1) The expenditure limitations imposed by this chapter apply to: A candidate's expenditures for the candidate's own campaign for state office; and a candidate's expenditures which are in the form of transfers or contributions to the campaigns of any other candidates for state office.

(2) The provisions of this chapter apply to a special election conducted to fill a vacancy in a state office. However, the contributions received by a candidate and the expenditures made by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations which apply to the candidate under this chapter for the election cycle for any other election.

(3) This chapter does not apply to the recall of a state official. The contributions received by a state official against whom recall charges have been filed under chapter 29.82 RCW and the expenditures made by the official, which contributions and expenditures are made with regard to the recall and during the recall campaign, shall not be counted toward any of the limitations which apply under this chapter to the official as a candidate for the election cycle for any other election.

(4) An expenditure shall be considered to be an expenditure of the candidate if it is made by (a) the candidate or an authorized committee of the candidate; (b) a person who has received, expressly or impliedly, the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for any political advertising supporting the candidate or promoting the defeat of any other candidate or candidates for that office; or (c) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for any political advertising supporting the candidate or promoting the defeat of any other candidate or candidates for that office.

(5) A contribution, donation, or gift voluntarily made by a candidate or the candidate's authorized committee to the state election board for deposit in the state election campaign account shall not be considered to be an expenditure by the candidate for the purposes of this chapter.

(6) The motor vehicle mileage costs and vehicle fuel costs incurred by a candidate for the candidate's own campaign activities shall not be considered to be an expenditure by the candidate of personal or other funds for the purposes of this chapter.

NEW SECTION. Sec. 7. LIMITATIONS ON EXPENDITURES FROM PERSONAL OR FAMILY FUNDS. (1) A candidate who enters an expenditure limitation and eligibility agreement under section 3 of this act for an election cycle shall not make, during the election cycle, expenditures from the personal funds of the candidate, or the funds contributed by any member of the immediate family of the candidate, aggregating in excess of the following:

(a) For a candidate for the office of governor, thirty thousand dollars;

(b) For a candidate for state executive office other than the office of governor, ten thousand dollars; and

For the purposes of this subsection, a loan by a candidate or a member of the immediate family of the candidate to the campaign of the candidate shall be considered to be a campaign expenditure by the candidate.

(2) A candidate who enters an expenditure limitation and eligibility agreement under section 3 of this act for an election cycle and the authorized committee of the candidate shall not make expenditures during the election cycle which in the aggregate exceed any expenditure limit applicable to the candidate under section 4 of this act.

NEW SECTION. Sec. 8. VARIOUS CONTRIBUTION AND EXPENDITURE AMOUNTS ADJUSTED FOR INFLATION. The threshold amounts established in section 3(2) of this act, the base amounts established in section 4(2) of this act, the amounts in section 7(1) of this act, and the campaign contribution limitations established in section 21 of this act shall be increased or decreased by the board by rule at the beginning of each odd-numbered year based on changes in economic conditions as reflected in the inflationary index used by the public disclosure commission under RCW 42.17.370. The base year to be used for revisions made under this section is 1991.

The board may also adjust the base amounts in section 7(1) of this act applicable to a particular legislative office if the board finds that, as a result of changes in population since the latest decennial census, the population in the legislative district for that office differs significantly from the average population of a legislative district in the state. In such a case, the board may adjust the base amount applicable to that office to reflect that difference in populations.

NEW SECTION. Sec. 9. AMOUNT OF STATE FINANCIAL ASSISTANCE‑-NO ASSISTANCE IF OPPOSITION IS PARTY TO EXPENDITURE LIMIT AGREEMENT. (1) Except as provided in subsections (3) and (4) of this section, an eligible candidate is entitled to payments from the state campaign account equal to:

(a) Four dollars for each qualifying dollar received by the candidate as a contribution for the campaign of the candidate; and

(b) The aggregate total amount of independent expenditures made or obligated to be made during the twelve months preceding the election by any person or persons in opposition to the candidate or for any other candidate for the office sought by the candidate if:

(i) The candidate is a candidate for state executive office and the aggregate of such independent expenditures exceeds an amount equal to five percent of the base amount established in section 4(2) of this act for the office sought; or

(ii) The candidate is a candidate for state legislative office and the aggregate of such independent expenditures exceeds an amount equal to ten percent of the base amount established in section 4(2) of this act for the office sought.

A qualifying dollar is one which satisfies all of the provisions of section 10 of this act regarding contributions.

(2) Payments received by a candidate under this section shall be deposited as required in section 3(1)(b)(iii) of this act and shall be used to pay for goods and services furnished during the election cycle for which the payments were received. Such payments shall not be used:

(a) To make any payments, directly or indirectly, to the candidate or to any member of the immediate family of the candidate;

(b) To make any expenditure other than expenditures to further the nomination or election of the candidate; or

(c) To repay any loan to any person except to the extent the proceeds of such loan were used to further the nomination or election of the candidate.

(3) A candidate shall not be eligible to receive payments from the state campaign account for a primary or election for an office unless:

(a) At least one other candidate for the office sought by the candidate: (i) Enters an expenditure limitation and eligibility agreement under section 3 of this act for an election cycle but expends during the election cycle more than the expenditure limit applicable to that other candidate; or (ii)(A) has not filed an expenditure limitation and eligibility agreement under section 3 of this act with the board in a timely manner; and (B) has received during the election cycle contributions, less loan repayments, which, in the aggregate, exceed twice the amount listed in section 3(2) of this act for the office sought. For the purposes of (a)(ii)(B) of this subsection, "contribution" does not include a contribution made by a candidate for state office; and

(b) The candidate and the authorized committee of the candidate have received contributions, less loan repayments, in an aggregate threshold amount of at least the amount listed in section 3(2) (a), (b), or (c) of this act for the office sought and all of the contributions received for this purpose satisfy the provisions of section 10 of this act.

(4) (a) Except as provided in (b) of this subsection, the sum of all payments from the state campaign account to a candidate for an election cycle may not exceed the following amounts for the office sought:

(i) For the office of governor, two hundred twenty thousand dollars;

(ii) For state executive office other than the office of governor, eighty thousand dollars;

(iii) For the office of a member of the state legislature, twenty-five thousand dollars.

(b) If the expenditure limitation applicable to the candidate is increased under section 4(3) of this act as a result of independent expenditures, the amount listed for the office sought by the candidate in (a) of this subsection, as it applies to the candidate, shall be increased by an amount equal to those independent expenditures.

NEW SECTION. Sec. 10. RULES FOR DETERMINING WHETHER CONTRIBUTIONS WILL COUNT FOR DETERMINING THRESHOLD AMOUNT AND FOR STATE MATCHING FUNDS. For a contribution received by a candidate or the candidate's authorized committee to qualify as being one which satisfies the requirements of section 9(3)(b) of this act for raising a threshold amount of contributions or to qualify to be matched by public moneys from the state campaign account under section 9 of this act, the contribution must satisfy each of the following requirements:

(1) The contribution shall be a gift of money made by a written instrument which identifies the individual making the contribution;

(2) The contribution shall be made directly to the candidate or the candidate's authorized committee. Contributions made through any other person shall not qualify. The provisions of this subsection do not disqualify money received through bona fide joint fund-raising efforts conducted solely for the purpose of sponsorship of a fund-raising reception, dinner, or other event, under rules prescribed by the board, by: (a) Two or more candidates, or (b) one or more candidates and one or more national, state, or local committees of a political party acting on their own behalf;

(3) The contribution shall have come from an individual who has a residence or business in this state or who is employed in this state. In addition, the contribution shall not have come from a candidate for any office;

(4)(a) Of the total amount of all contributions made by a person to the candidate and the authorized committee of the candidate or for the benefit of the candidate, not more than the amount listed in (b) of this subsection for the office sought may be counted toward the threshold amount or be matched by moneys from the state campaign account. The provisions of this subsection shall not be construed as limiting the total amount of contributions that may be made by a person to or for the benefit of a candidate or that may be accepted by the candidate or the candidate's authorized committee from the person;

(b) The amount referred to in (a) of this subsection is: (i) For the office of governor, five hundred dollars; (ii) for state executive office other than the office of governor, two hundred fifty dollars; and (iii) for state legislative office, one hundred dollars;

(c) For the purposes of this subsection (4), all contributions by one person who is controlled by any other person shall be considered to have been made by such other person. The provisions of this subsection (c) shall not be construed as applying to the relationship between an individual and the spouse of the individual;

(d) The provisions of section 23 (2) and (3) of this act apply in determining whether a person is controlled by any other person for the purposes of (c) of this subsection; and

(5) The contribution shall be received during the election cycle.

NEW SECTION. Sec. 11. PROCEDURES FOR REQUESTING PAYMENT UNDER EXPENDITURE LIMIT AGREEMENT. A candidate desiring payments from the state campaign account shall file a request with the board which shall contain:

(1) Such information and be made in accordance with such procedures as the board may provide by rule; and

(2) A verification signed by the candidate and the treasurer of the authorized committee of the candidate stating that the information furnished in support of the request, to the best of the knowledge of each, is correct and fully satisfies the requirements of this chapter.

No later than two business days after an eligible candidate files a request with the board to receive payments under this section, the board shall determine whether the candidate is eligible to receive payments from the state campaign account and, if the candidate is eligible to receive such payments, disburse to the candidate from the account the full amount to which the candidate is entitled.

A candidate is not limited to filing only one request for payments under this section during each election cycle. After filing an original request, a candidate may file one or more supplemental requests to receive the payments to which the candidate is entitled.

The board may permit its executive director to approve requests submitted under this section and make the disbursements authorized by this chapter on behalf of the board and within guidelines adopted by the board by rule.

NEW SECTION. Sec. 12. DISCLOSURE OF INDEPENDENT EXPENDITURES. Within two business days after the date of entering into a contract to make or otherwise making an independent expenditure, the person making the expenditure shall file with the board a report, on a form prescribed by the board, providing the date and amount of the expenditure; what the expenditure purchased; the name of the candidate supported or opposed; the office sought by that candidate; and any other information which the board believes will assist it in carrying out its responsibilities under this chapter. The person entering into a contract to make or otherwise making the independent expenditure shall also mail, within two days of entering into the contract or otherwise making the expenditure, a copy of the report to each candidate for the office or offices for which the expenditure is made.

NEW SECTION. Sec. 13. ELECTION BOARD CREATED. There is hereby created the state election board, which shall be composed of six members appointed by the governor. Each member shall be appointed to a permanently assigned position number on the board.

Initially, the legislative leader of each caucus of the two largest political parties in each house of the state legislature shall submit, on behalf of the leader's caucus, a list of three nominees for appointment to the board. The governor shall appoint one member of the board from each of the four lists submitted by the four legislative leaders. These shall be positions one through four, one for each such caucus. Appointment of a successor for a full term for any one of these four positions or for filling a vacancy in any one of these four positions shall be made by the governor also from a list of three persons nominated by the legislative leader of the caucus to which the position applies.

Positions five and six shall be filled by persons appointed by the governor to represent the public interest generally. Persons appointed to fill these two positions shall not be from the same political party. Any person or organization may submit recommendations to the governor, which may be considered by the governor in making the appointments to these two positions. A person appointed to position five or six shall not also be an elected public official nor may the person have held the office of an elected public official in any of the six years prior to his or her appointment.

The term of office of each member of the board is four years, except that the term of office of one of the initial members shall be one year, the term of two initial members shall be two years, and the term of one other initial member shall be three years as designated by the governor. The board shall notify the governor and any appropriate nominating legislative leader regarding a vacancy created on the board or the impending conclusion of a member's full term of office. The governor shall make appointments to fill vacancies within thirty days of their being created and shall make appointments to fill full terms within thirty days of the expiration of a member's term.

Four members constitute a quorum for conducting the business of the board.

The board is a class four group under the provisions of RCW 43.03.250 and members shall be compensated accordingly. In addition, the members shall be reimbursed for travel expenses incurred while engaged in the business of the board as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 14. ELECTION BOARD DUTIES. The state election board shall:

(1) Administer this chapter and adopt such rules and make such orders as it finds appropriate for such administration;

(2) Enforce the provisions of this chapter and the rules adopted by the board under this chapter, and administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records relevant or material for the purpose of any investigation under this chapter;

(3) Develop and provide forms for the applications and reports filed with the board under this chapter;

(4) Prepare and publish, jointly with the public disclosure commission, a manual setting forth uniform methods of bookkeeping by candidates who have accepted public funding;

(5) Compile and maintain a current list of all filed reports and statements filed under this chapter;

(6) Upon complaint or upon its own motion, investigate possible violations of this chapter and of rules adopted under this chapter;

(7) Employ an executive director who shall perform such duties and have such powers as the board may prescribe. However, the board may not delegate its authority to adopt, amend, or rescind rules or to determine whether a violation of this chapter has occurred or to assess penalties for such violation. With the exception of this executive director, the board shall receive its staff support from the public disclosure commission; and

(8) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this chapter.

The board shall solicit contributions, donations, or gifts on behalf of the state election campaign account from any person whose activities are not directly regulated by the board. The board may accept contributions, donations, or gifts from any person or entity on behalf of the account. The money value of any such contribution, donation, or gift received by the board shall be promptly deposited in the account.

NEW SECTION. Sec. 15. ELECTION BOARD PROVIDES CAMPAIGN FINANCING PAYMENTS‑-APPEAL FROM ADVERSE BOARD DECISION. (1) The board shall decide all applications for payment from the state campaign account. Each application shall be decided in accordance with rules adopted by the board, and the board's decision on the application shall be final unless appealed as provided in subsection (2) of this section. The board's review of applications, and all actions taken by the board on applications, shall be exempt from chapter 34.05 RCW.

(2) Any person adversely affected by the board's decision and who believes the decision to be unlawful may appeal to the superior court of Thurston county by petition setting forth his or her reasons why the decision is unlawful. A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the board, upon the attorney general, and upon each candidate for the office sought by the applicant. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.

NEW SECTION. Sec. 16. CREATION OF STATE ELECTION CAMPAIGN ACCOUNT. The state election campaign account is hereby created in the custody of the state treasurer. All moneys appropriated to the board for deposit in the account, all moneys received under RCW 29.15.050 or 29.18.050, and all earnings of investments of balances in the account shall be credited to the account. Moneys may be disbursed from the account only in the form of payments to eligible candidates as authorized by this chapter. Only the board, or the board's executive director if permitted to do so by rules adopted by the board, may authorize disbursements from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for disbursements.

NEW SECTION. Sec. 17. EXAMINATION AND AUDITS‑-RETURN OF UNSPENT MATCHING FUNDS. (1) The public disclosure commission and the board shall jointly develop and approve a program for providing staff support to the board which shall include, but shall not be limited to, a program for auditing the campaign accounts of candidates who accept public funding under this chapter.

(2) After each general election, the board shall conduct such examinations and audits of the campaign accounts of eligible candidates and of authorized committees as are sufficient to determine, among other things, whether candidates have complied with the expenditure limits and other conditions of eligibility and requirements of this chapter.

(3) The board shall require candidates to return to the board any unexpended funds received by the candidates under this chapter. The board may adopt exceptions to this requirement for instances where debts are in dispute.

(4) Examinations and audits shall not be made by the board under this section with respect to an election cycle more than three years after the cycle.

NEW SECTION. Sec. 18. VIOLATIONS. (1) It is a violation of this chapter for any candidate to accept public payments under this chapter which are in excess of the aggregate payments to which the candidate is entitled.

(2) It is a violation of this chapter for any candidate or for any officer, member, employee, or agent of a political committee for the candidate:

(a) To use or transfer funds for any purpose prohibited by section 9(2) of this act;

(b) To make expenditures which he or she knows exceed any expenditure limitation applicable under section 4 of this act;

(d) To violate the agreement under section 3(1)(b) of this act.

(3) It is a violation of this chapter for any person:

(a) To furnish to the board or to the public disclosure commission under this chapter any evidence, books, or information (including any certification, verification, notice, or report), which is false, fictitious, or fraudulent, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or conceal any evidence, books, or information relevant to a payment by the board or an examination or audit by the board or the commission under this chapter; or

(b) To fail to furnish to the board or the commission any records, books, or information requested by it for purposes of this chapter.

(4) It is a violation of this chapter for any person to accept any payment if the person knows, or has reason to know, that the payment is in violation of section 9(2) of this act.

NEW SECTION. Sec. 19. BOARD TO REPORT TO GOVERNOR AND LEGISLATURE‑-RULE-MAKING POWERS. (1) The board shall, as soon as practicable after each election, submit a full report to the governor and the legislature setting forth:

(a) The expenditures shown in such detail as the board determines appropriate made by each eligible candidate and the authorized committee of each candidate;

(b) The amounts paid by the board under section 11 of this act to each eligible candidate;

(d) The balance in the state campaign account.

(2) The board is authorized to prescribe such rules in accordance with chapter 34.05 RCW, to conduct such examinations and investigations, and to require the keeping and submission of such books, records, and information, as it deems necessary to carry out the functions and duties imposed on it by this chapter.

CAMPAIGN CONTRIBUTION LIMITATIONS

NEW SECTION. Sec. 20. DEFINITIONS‑-CAMPAIGN CONTRIBUTION LIMITATIONS. Unless the context clearly requires otherwise, the definitions in section 2 of this act apply to this subchapter. Unless the context clearly requires otherwise, the definitions in RCW 42.17.020 also apply to this subchapter except as they are modified by the definitions in section 2 of this act.

For the purposes of sections 20 through 24 of this act, "contribution" does not include a loan, gift, payment, pledge, or transfer of anything of value owned by the candidate which is made by the candidate to the candidate's own authorized political committee.

NEW SECTION. Sec. 21. CAMPAIGN CONTRIBUTION LIMITS. (1) No person, other than a multicandidate political committee or a bona fide political party or a caucus of the state legislature, may make contributions during an election cycle which in the aggregate exceed: (a) One thousand dollars to any candidate for state legislative office; or (b) five thousand dollars to any candidate for any state executive office. No candidate and no authorized committee of a candidate may accept contributions from a person which exceed the contribution limitations provided by this subsection for that person.

(2) No person, other than a multicandidate political committee or a bona fide political party or a caucus of the state legislature, may make contributions during a recall campaign which in the aggregate exceed: (a) One thousand dollars to any state legislator against whom recall charges have been filed or to any political committee having the expectation of making expenditures in support of the recall of any state legislator; or (b) five thousand dollars to any state executive officer against whom recall charges have been filed or to any political committee having the expectation of making expenditures in support of the recall of such a state executive officer. No state official against whom recall charges have been filed, no authorized committee of such an official, and no political committee having the expectation of making expenditures in support of the recall of any state official may accept contributions from a person which exceed the contribution limitation provided by this subsection for that person.

(3) No multicandidate political committee may make contributions during an election cycle which in the aggregate exceed: (a) Three thousand dollars to any candidate for state legislative office; or (b) seven thousand five hundred dollars to any candidate for any state executive office. No candidate and no authorized committee of a candidate may accept contributions from a multicandidate political committee which exceed the contribution limitation provided by this subsection for that multicandidate political committee.

(4) No multicandidate political committee may make contributions during a recall campaign which in the aggregate exceed: (a) Three thousand dollars to any state legislator against whom recall charges have been filed or to any political committee having the expectation of making expenditures in support of the recall of any state legislator; or (b) seven thousand five hundred dollars to any state executive officer against whom recall charges have been filed or to any political committee having the expectation of making expenditures in support of the recall of such a state executive officer. No state official against whom recall charges have been filed, no authorized committee of such an official, and no political committee having the expectation of making expenditures in support of the recall of any state official may accept contributions from a multicandidate political committee which exceed the contribution limitation provided by this subsection for that multicandidate political committee.

(5) No bona fide political party and no caucus of the state legislature may make contributions during an election cycle which in the aggregate exceed: (a) Five thousand dollars to any candidate for state legislative office; or (b) ten thousand dollars to any candidate for any state executive office. No candidate and no authorized committee of a candidate may accept contributions from a bona fide political party or from a caucus of the state legislature which exceed the contribution limitation provided by this subsection for that party or caucus.

(6) No bona fide political party and no caucus of the state legislature may make contributions during a recall campaign which in the aggregate exceed: (a) Five thousand dollars to any state legislator against whom recall charges have been filed or to any political committee having the expectation of making expenditures in support of the recall of any state legislator; or (b) ten thousand dollars to any state executive officer against whom recall charges have been filed or to any political committee having the expectation of making expenditures in support of the recall of such a state executive officer. No state official against whom recall charges have been filed, no authorized committee of such an official, and no political committee having the expectation of making expenditures in support of the recall of any state official may accept contributions from a bona fide political party or from a caucus of the state legislature which exceed the contribution limitation provided by this subsection for that party or caucus.

(7) For the purposes of this subchapter, a contribution to the authorized political committee of a candidate, or of a state official against whom recall charges have been filed, shall be considered to be a contribution to the candidate or state official.

(8) Any contribution received within the twelve-month period following a general election for a state office or for a recall election concerning a state office shall be considered to be a contribution during the election cycle ending with that election or during that recall campaign if the contribution is used to pay any debt or obligation incurred to influence the outcome of that election or the primary conducted for that election or of that recall campaign.

(9)(a) The provisions of this subchapter apply to a recall campaign conducted regarding a state office. However, the contributions made to or received by a state office holder against whom recall charges have been made, which are made or received during the recall campaign and for or against the recall of the office holder, shall not be counted toward any of the limitations which apply under this subchapter to the office holder or to contributions made to the office holder as a candidate for state office for any other election or primary.

(b) The provisions of this subchapter apply to a special election conducted to fill a vacancy in a state office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations which apply to the candidate or to contributions made to the candidate under this subchapter for any other primary or election.

(10) No state legislator, or authorized political committee for such legislator, may, during the course of a regular session of the legislature or during the fifteen days before or the fifteen days after a regular session, accept a campaign contribution for a state legislative office from any person. The provisions of this subsection do not apply during a recall campaign to a state legislator against whom recall charges have been filed pursuant to RCW 29.82.015.

NEW SECTION. Sec. 22. CONTRIBUTIONS BY CHILDREN. Children under eighteen years of age may make contributions to the extent authorized in section 21 of this act only if:

(1) The decision to contribute is made knowingly and voluntarily by the child;

(2) The funds, goods, or services contributed are owned or controlled exclusively by the child, such as income earned by the child, the proceeds of a trust for which the child is the beneficiary, or a savings account opened and maintained exclusively in the child's name; and

(3) The contribution is not made from the proceeds of a gift, the purpose of which was to provide funds to be contributed, or is not in any other way controlled by another individual.

NEW SECTION. Sec. 23. RULES FOR DETERMINING CONTRIBUTOR. (1) For the purposes of the contribution limitations in section 21 of this act, all contributions by any person who is controlled by any other person shall be considered to have been made by such other person. The provisions of this section shall not be construed as applying to the relationship between an individual and the spouse of the individual or to the relationship between a bona fide political party and any district or county organization of that party or a caucus of the state legislature of the members of that party.

(2) Without in any manner limiting its scope and effect, the general rule under subsection (1) of this section or under section 10(4)(c) of this act means that:

(a) Any contribution by a subsidiary, branch, division, department, or local unit of any association shall be considered to have been made by the association; and

(b) Any contribution by a political committee controlled by any person shall be considered to be a contribution by that person.

(3) In determining whether a person is controlled by any other person for the purposes of subsection (1) of this section, the following shall, if applicable, be considered:

(a) Ownership of a controlling interest in voting shares or securities;

(b) Provisions of bylaws, articles of incorporation, charters, constitutions, or other documents by which one person has the authority, power, or ability to direct another;

(c) The authority, power, or ability to hire, appoint, discipline, discharge, demote, or remove or influence the decision of the officers or members of an entity;

(d) Similar patterns of contributions; and

(e) The extent of the transfer of funds between the persons.

NEW SECTION. Sec. 24. ADDITIONAL RULES FOR DETERMINING CONTRIBUTOR. All contributions made by a person, either directly or indirectly, to a candidate, to a state official against whom recall charges have been filed, or to a political committee expecting to make expenditures in support of the recall of a state official shall be considered to be contributions from such person to the candidate, state official, or political committee, as shall contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate, state official, or political committee. For purposes of this section, "earmarked" means a designation, instruction, or encumbrance, whether direct or indirect, express or implied, or oral or written, which is intended to result in or which does result in all or any part of a contribution being made to a certain candidate or state official. If a conduit or intermediary exercises any direction or control over the choice of the recipient candidate or state official, the contribution shall be considered to be by both the original contributor and the conduit or intermediary.

NEW SECTION. Sec. 25. A new section is added to chapter 42.17 RCW to read as follows:

RETURNED CONTRIBUTIONS NOT COUNTED. A contribution received by a candidate or political committee which is returned to the contributor within five days of the date on which it is received by the candidate or committee is not a contribution for the purposes of this chapter.

NEW SECTION. Sec. 26. PENALTIES FOR VIOLATION OF EXPENDITURE LIMIT CHAPTER. The board may impose a civil fine on any person who violates any provision of this chapter or any rule adopted under this chapter. The fine shall not exceed ten thousand dollars, except for the following violations for which the penalty shall be as follows:

(1) For violations of section 18(1) of this act, up to the greater of ten thousand dollars or the amount in excess of the aggregate payments to which the candidate is entitled;

(2) For violations of section 18(2)(a) of this act, up to the greater of ten thousand dollars or the amount used or transferred for a prohibited purpose;

(3) For violations of section 18(2)(b) of this act, up to the greater of ten thousand dollars or the amount of the expenditures in excess of the applicable expenditure limitation; and

(4) For violations of section 18(4) of this act, up to the greater of ten thousand dollars or the amount of the payment in violation of section 9(2) of this act.

Sec. 27. RCW 29.15.050 and 1990 c 59 s 85 are each amended to read as follows:

(1) A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; except as provided in subsection (2) of this section, a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis, nor for the filing of any declaration of candidacy by a write-in candidate.

(2) The filing fee for an office of the legislative or executive branch of state government is equal to one and one-half percent of the annual salary of the office at the time of filing and shall accompany the declaration of candidacy for the office. Of each such fee: A sum equal to one-half of one percent of the annual salary for the office shall be promptly transmitted to the state election board for deposit in the state election campaign account created in section 16 of this act; and a sum equal to one percent of the annual salary for the office shall be deposited as required under subsection (4) of this section.

(3) A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.

(4) When the candidacy is for:

((~~(1)~~)) (a) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.

((~~(2)~~)) (b) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

Sec. 28. RCW 29.18.050 and 1987 c 295 s 2 are each amended to read as follows:

(4) When the candidacy is for:

((~~(1)~~)) (a) A federal or state-wide office, the fee shall be paid to the secretary of state for deposit in the state treasury.

((~~(2)~~)) (b) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.

((~~(3)~~)) (c) A county office or a legislative, judicial, or district office that includes territory from a single county, the fee shall be paid to the county auditor for deposit in the county treasury.

((~~(4)~~)) (d) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

Sec. 29. RCW 42.17.095 and 1982 c 147 s 8 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the surplus funds of a candidate, or of a political committee supporting or opposing a candidate, may only be disposed of in any one or more of the following ways:

((~~(1)~~)) (a) Return the surplus to a contributor in an amount not to exceed that contributor's original contribution;

((~~(2)~~)) (b) Transfer the surplus to the candidate's personal account as reimbursement for lost earnings incurred as a result of that candidate's election campaign. Such lost earnings shall be verifiable as unpaid salary or, when the candidate is not salaried, as an amount not to exceed income received by the candidate for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall be maintained by the candidate or the candidate's political committee. The committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;

((~~(3)~~)) (c) Transfer the surplus to one or more candidates or to a political committee or party;

((~~(4)~~)) (d) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;

((~~(5)~~)) (e) Transmit the surplus to the state treasurer for deposit in the general fund; or

((~~(6)~~)) (f) Hold the surplus in the ((~~campaign~~)) depository or depositories designated in accordance with RCW 42.17.050 for possible use in a future election campaign, for political activity, for community activity, or for nonreimbursed public office related expenses and report any such disposition in accordance with RCW 42.17.090: PROVIDED, That if the candidate subsequently announces or publicly files for office, information as appropriate is reported to the commission in accordance with RCW 42.17.040 through 42.17.090. If a subsequent office is not sought the surplus held shall be disposed of in accordance with the requirements of this section.

(2) Campaign funds and surplus funds may be voluntarily contributed or donated to the state election board for deposit in the state election campaign account.

Sec. 30. RCW 42.17.105 and 1989 c 280 s 11 are each amended to read as follows:

(1) Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution which:

(a) Exceeds five hundred dollars;

(b) Is from a single person or entity;

(d) Is received: (i) After the period covered by the last report required by RCW 42.17.080 and 42.17.090 to be filed before that primary; or (ii) within twenty-one days preceding that general election.

(2) Any political committee making a contribution which exceeds five hundred dollars shall also prepare and deliver to the commission the special report if the contribution is made before a primary or general election and: (a) After the period covered by the last report required by RCW 42.17.080 and 42.17.090 to be filed before that primary; or (b) within twenty-one days preceding that general election.

(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 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 is received by the candidate or campaign treasurer. The special report required by subsection (2) of this section and RCW 42.17.175 shall be delivered to the commission, and the candidate or political committee to whom the contribution is made, within twenty-four hours of the time, or on the first working day after, the contribution 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;

(b) The date 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.

(7) The commission shall publish daily a summary of 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: Campaigns for which contributions are regulated under section 21 of this act; or contributions made by, or accepted from, a major Washington state political party as defined in RCW 29.01.090.

Sec. 31. RCW 42.17.390 and 1973 c 1 s 39 are each amended to read as follows:

PENALTIES FOR VIOLATION OF CONTRIBUTION LIMITS. (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) 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) If any lobbyist or sponsor of any grass roots lobbying campaign violates any of the provisions of this chapter, his or her registration may be revoked or suspended and he or she 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) 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. However, for violations of section 21 of this act, the penalty shall be up to the greater of ten thousand dollars or the amount of the contribution illegally made or accepted.

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

(f) 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.

NEW SECTION. Sec. 32. A new section is added to chapter 42.17 RCW to read as follows:

COMMISSION TO ADOPT FEE SCHEDULE. (1) The commission is authorized to adopt a fee schedule for the filing of reports, statements, and registrations with the commission. The schedule shall be adequate to recover for the state a portion of the commission's appropriation as such portion is designated in the legislature's operating budget for the commission. The commission is vested with broad authority to set fees and to adopt rules that facilitate their payment. The commission shall not impose any fee on the filing of: Reports of contribution deposits required under RCW 42.17.080(3); or registrations or reports required for lobbying activities which are filed by any person who conducts his or her lobbying activities without compensation.

(2) A report shall not be accepted by the commission or be considered filed under this chapter unless the required fee is included along with the report. However, the commission may authorize persons filing multiple reports to pay an amount or amounts which will cover a number of reports or to maintain an account with the commission which will be used to pay the required fees.

(3) The commission shall deposit the fee amounts collected under this section into the state election campaign account created in section 16 of this act.

NEW SECTION. Sec. 33. A new section is added to chapter 42.17 RCW to read as follows:

COMMISSION TO PROVIDE STAFF FOR BOARD. The commission and the state election board created in section 13 of this act shall jointly adopt a program for providing staff support for the board for implementing the board's responsibilities under chapter 42.-- RCW (sections 2 through 19, 26, and 41 of this act). The program shall provide, but shall not be limited to providing, support for conducting examinations and audits under section 17 of this act.

NEW SECTION. Sec. 34. A new section is added to chapter 44.04 RCW to read as follows:

COMMUNICATION EXPENSES LIMITED. The house of representatives and the senate shall by rule specifically limit the total amount of the legislative expenditures which may be made for any one member of the house or senate for mailings or other types of mass communications made by or for the member. The amount limited under this section shall include the total of all costs to the state attributable to the communications including, but not limited to, the production, printing, and postage costs.

NEW SECTION. Sec. 35. A new section is added to chapter 42.17 RCW to read as follows:

GIFTS OVER FIFTY DOLLARS TO BE REPORTED. (1) A member of the state legislature shall report to the commission the member's receipt of a gift having a value of more than fifty dollars. The member shall report the receipt of the gift to the commission not later than the end of the calendar month following the month of its receipt. The report shall identify the nature and approximate value of the gift, the name and address of the donor of the gift, and the date of its receipt. The commission shall adopt by rule a form which may be used in filing the report required under this section

(2) This section applies to any gift received by a legislator except for the following: (a) A gift given under circumstances where it is clear beyond any doubt that the gift was not made as part of any design to gain or maintain influence in the legislature, with the legislator, or with respect to any legislative matter or matters; or (b) a contribution received by a legislator which is promptly deposited in the legislator's campaign depository or public office fund.

Sec. 36. RCW 43.03.028 and 1988 c 167 s 9 are each amended to read as follows:

SALARY OF EXECUTIVE DIRECTOR OF STATE ELECTION BOARD. (1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the State Personnel Board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.

(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:

The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the capitol historical association and museum; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state election board; the state finance committee; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the hospital commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer ((~~firemen~~)) fire fighters; the transportation improvement board; the public ((~~employees~~)) employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.

The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 37. CONTRIBUTIONS BEFORE EFFECTIVE DATE NOT SUBJECT TO CONTRIBUTION LIMITS. Contributions made and received before the effective date of this section shall not be considered to be contributions under the provisions of sections 20 through 25 of this act and the 1991 amendments to RCW 42.17.390 contained in section 31, chapter .., Laws of 1991 (section 31 of this act).

NEW SECTION. Sec. 38. CONTRIBUTIONS BEFORE EFFECTIVE DATE NOT SUBJECT TO CAMPAIGN FINANCING PROVISIONS. Contributions received before the effective date of this section shall not be considered to be contributions under the provisions of chapter 42.-- RCW (sections 2 through 19, 26, and 41 of this act).

NEW SECTION. Sec. 39. A new section is added to chapter 34.05 RCW to read as follows:

ADMINISTRATIVE PROCEDURE ACT NOT APPLICABLE. This chapter shall not apply to any action taken by the state election board under section 15 of this act on applications for payments from the state election campaign account.

NEW SECTION. Sec. 40. A new section is added to chapter 29.80

RCW to read as follows:

CANDIDATES' PAMPHLET NOTICE. The secretary of state shall secure from the state election board a list of the names of candidates for state legislative and state executive offices who have signed an agreement with the board limiting expenditures under section 3 of this act. Before providing this list to the secretary, the board shall remove from the list the name of any candidate whom the board has found to have violated the expenditure limit applicable to that candidate. The secretary shall add a notice in the candidates' pamphlet following the statement of each person on that list indicating that the candidate has so agreed. The secretary shall also prominently display the good campaign practices seal specified in section 3(5) of this act next to the statement of each person on that list. The secretary shall use the most current list available from the board on the last date on which the secretary will accept statements for publication.

NEW SECTION. Sec. 41. BOARD TO ESTIMATE PUBLIC FUNDS NEEDED FOR MATCHING FUNDS. The state election board shall, on an annual basis, estimate the funding needed to provide public matching moneys for election campaigns under this chapter. Each annual estimate shall identify funding needs for each of the successive four years. The board shall transmit its estimate to the legislature on December 20th of each year.

NEW SECTION. Sec. 42. SEVERABILITY CLAUSE. 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. 43. CODIFICATION DIRECTION. Sections 2 through 19, 26, and 41 of this act shall constitute a new chapter in Title 42 RCW.

NEW SECTION. Sec. 44. CODIFICATION DIRECTION. Sections 20 through 24 of this act are each added to chapter 42.17 RCW as a subchapter and codified with the subchapter heading of "campaign contribution limitations."

NEW SECTION. Sec. 45. SECTION HEADINGS. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 46. Section 27 of this act shall take effect July 1, 1992.

NEW SECTION. Sec. 47. Section 28 of this act shall expire July 1, 1992.