5576-S2 AAS 3/14/95
2SSB 5576 - S AMD 170 (S2403.1)
By Senators Haugen and Winsley
ADOPTED 3/14/95
On page 4, at the beginning of line 20, strike all material through "June" and insert "second Monday in July"
Effect of amendment: Changes the commencement of the regular candidate filing period from the first Monday of June to the second Monday of July. The period currently commences on the fourth Monday of July.
2SSB 5576 - S AMD 171 (S2402.1)
By Senators Haugen and Winsley
ADOPTED 3/14/95
On page 8, beginning on line 6, strike all of section 14 and insert the following:
"Sec. 14. RCW 29.81A.010 and 1984 c 106 s 3 are each amended to read as follows:
At
least ninety days before any primary or general election, or at least ((forty))
forty-five days before any special election held under RCW 29.13.010 or
29.13.020, the legislative authority of any county or first-class or code city
may adopt an ordinance authorizing the publication, in printed or electronic
format or both, and distribution of a local voters' pamphlet. The pamphlet
shall provide information on all measures ((within)) that will be on
the ballot in that jurisdiction and may, if specified in the ordinance,
include information on candidates ((within)) whose names will be on
the ballot in that jurisdiction. If both a county and a first-class or
code city within that county authorize a local voters' pamphlet for the same
election, the pamphlet shall be produced jointly by the county and the
first-class or code city. If no agreement can be reached between the county
and first-class or code city, the county and first-class or code city may each
produce a pamphlet. Any ordinance adopted authorizing a local voters' pamphlet
may be for a specific primary, special election, or general election or for any
future primaries or elections. The format of any local voters' pamphlet shall,
whenever applicable, comply with the provisions of chapters 29.80 and 29.81 RCW
regarding the publication of the state candidates' and voters' pamphlets.
Sec. 15. RCW 29.81A.020 and 1994 c 191 s 1 are each amended to read as follows:
(1)
Not later than ((ninety days)) May 1st for a primary or general
election or ninety days before a special election not scheduled at the same
time as a primary or general election, before the publication and
distribution of a local voters' pamphlet by a county, the county auditor shall
notify each city, town, or special taxing district located ((wholly))
within that county that a pamphlet will be produced. (2) If a voters'
pamphlet is published by the county for a primary or general election, the
pamphlet shall be published for the elective offices and ballot measures of the
county and for the elective offices and ballot measures of each unit of local
government located ((entirely)) within the county which will appear on
the ballot at that primary or election. However, the offices and measures of a
first class or code city shall not be included in the pamphlet if the city
publishes and distributes its own voters' pamphlet for the primary or election
for its offices and measures. The offices and measures of any other town or
city are not required to appear in the county's pamphlet if the town or city is
obligated by ordinance or charter to publish and distribute a voters' pamphlet
for the primary or election for its offices and measures and it does so.
If the
required appearance in a county's voters' pamphlet of the offices or measures
of a unit of local government would create ((undo [undue])) undue
financial hardship for the unit of government, the legislative authority of the
unit may petition the legislative authority of the county to waive this
requirement. The legislative authority of the county may provide such a waiver
if it does so not later than ((sixty days before the publication of the
pamphlet and)) June 15th for a primary or general election or sixty days
before a special election not occurring at the same time as a primary or
general election where a pamphlet will be published if it finds that the
requirement would create such hardship.
(3) If a city, town, or district is located within more than one county, the respective county auditors may enter into an interlocal agreement to permit the distribution of each county's local voters' pamphlet into those parts of the city, town, or district located outside of that county.
(4) If
a first-class or code city authorizes the production and distribution of a
local voters' pamphlet, the city clerk of that city shall notify any special
taxing district located ((wholly)) within that city that a pamphlet will
be produced. Notification shall be provided in the manner required or provided
for in subsection (1) of this section.
(5) A unit of local government located within a county and the county may enter into an interlocal agreement for the publication of a voters' pamphlet for offices or measures not required by subsection (2) of this section to appear in a county's pamphlet.
Sec. 16. RCW 29.81A.040 and 1984 c 106 s 6 are each amended to read as follows:
The local voters' pamphlet shall include but not be limited to the following:
(1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, the jurisdictions that have measures or candidates in the pamphlet, and the date of the election or primary;
(2) Information on how a person may register to vote and obtain an absentee ballot;
(3)
The ((text)) ballot title of each measure accompanied by an
explanatory statement prepared by the prosecuting attorney for any county
measure or by the attorney for the jurisdiction submitting the measure if other
than a county measure. The explanatory statement shall not intentionally be
an argument likely to create prejudice either for, or against, the measure.
All explanatory statements for city, town, or district measures ((not
approved by the attorney for the jurisdiction submitting the measure))
shall be reviewed and approved by the county prosecuting attorney ((or city
attorney, when applicable,)) before inclusion in the pamphlet. The full
text of the measure may be either included in the pamphlet or made available
upon request at the discretion of the jurisdiction publishing the pamphlet;
(4) The arguments for and against each measure submitted by committees selected pursuant to RCW 29.81A.080.
Sec. 17. RCW 29.81A.080 and 1994 c 191 s 2 are each amended to read as follows:
For each measure from a unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than forty-five days before the publication of the pamphlet, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments. The county auditor shall notify press, radio, and television in the county of the need to make such appointments."
Renumber the remaining sections consecutively and correct any internal references accordingly.
2SSB 5576 - S AMD 171 (S2402.1)
By Senators Haugen and Winsley
ADOPTED 3/14/95
On page 1, line 3 of the title, after "29.81A.010," insert "29.81A.020, 29.81A.040, 29.81A.080,"
Effect of amendment: Incorporates the local voters' pamphlet legislation (SSB 5071) into the bill. Avoids inconsistent double amendments and includes a variety of technical modifications of the local voter pamphlet statutes: Synchronizes notification dates when a pamphlet will be published; enables the publisher to include all races and measures which will appear on the ballot; allows summaries of ballot measures to be printed rather than the full text when the full text is made available on request.
2SSB 5576 - S AMD - 216 (S2612.3)
By Senators Drew and Smith
ADOPTED 3/14/95
On
page 10, beginning on line 19, after "preceding the" strike all
material through "in" on line 20, and insert "((expiration of
a state legislator's term in)) last day for certification of the
election results for a state legislator's election to"
On page 10, beginning on line 27, after "permitted." strike all material through "office." on line 30
On page 10, after line 35, insert the following:
"Sec. 19. RCW 42.17.160 and 1982 c 147 s 12 are each amended to read as follows:
REGISTRATION AND REPORTING. The following persons and activities shall be exempt from registration and reporting under RCW 42.17.150, 42.17.170, and 42.17.200:
(1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or public hearings of state agencies;
(2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW 34.05.310(2);
(3) News or feature reporting activities and editorial comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;
(((3)))
(4) Persons who lobby without compensation or other consideration for
acting as a lobbyist: PROVIDED, Such person makes no expenditure for or on
behalf of any member of the legislature or elected official or public officer
or employee of the state of Washington in connection with such lobbying. The
exemption contained in this subsection is intended to permit and encourage
citizens of this state to lobby any legislator, public official, or state
agency without incurring any registration or reporting obligation provided they
do not exceed the limits stated above. Any person exempt under this subsection
(((3))) (4) may at his or her option register and report
under this chapter;
(((4)))
(5) Persons who restrict their lobbying activities to no more than four
days or parts thereof during any three-month period and whose total
expenditures during such three-month period for or on behalf of any one or more
members of the legislature or state elected officials or public officers or
employees of the state of Washington in connection with such lobbying do not
exceed twenty-five (([dollars])) dollars: PROVIDED, That the
commission shall promulgate regulations to require disclosure by persons exempt
under this subsection or their employers or entities which sponsor or
coordinate the lobbying activities of such persons if it determines that such
regulations are necessary to prevent frustration of the purposes of this chapter.
Any person exempt under this subsection (((4))) (5) may at his or
her option register and report under this chapter;
(((5)))
(6) The governor;
(((6)))
(7) The lieutenant governor;
(((7)))
(8) Except as provided by RCW 42.17.190(1), members of the legislature;
(((8)))
(9) Except as provided by RCW 42.17.190(1), persons employed by the
legislature for the purpose of aiding in the preparation or enactment of
legislation or the performance of legislative duties;
(((9)))
(10) Elected officials, and officers and employees of any agency
reporting under RCW 42.17.190(4) as now or hereafter amended.
Sec. 20. RCW 42.17.170 and 1991 sp.s. c 18 s 2 are each amended to read as follows:
MONTHLY PERIODIC REPORT. (1) Any lobbyist registered under RCW 42.17.150 and any person who lobbies shall file with the commission periodic reports of his or her activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the commission. They shall be due monthly and shall be filed within fifteen days after the last day of the calendar month covered by the report.
(2) Each such monthly periodic report shall contain:
(a)
The totals of all expenditures for lobbying activities made or incurred by such
lobbyist or on behalf of such lobbyist by the lobbyist's employer during the
period covered by the report. Such totals for lobbying activities shall be
segregated according to financial category, including compensation; food and
refreshments; living accommodations; advertising; travel; contributions; and
other expenses or services. Each individual expenditure of more than
twenty-five dollars for entertainment shall be identified by date, place,
amount, and the names of all persons in the group partaking in or of such
entertainment including any portion thereof attributable to the lobbyist's
participation therein, ((without)) and shall include amounts actually
expended on each person where calculable, or allocating any portion of ((such))
the expenditure to individual participants. ((However, if the
expenditure for a single hosted reception is more than one hundred dollars per
person partaking therein, the report shall specify the per person amount, which
shall be determined by dividing the total amount of the expenditure by the
total number of persons partaking in the reception.))
Notwithstanding the foregoing, lobbyists are not required to report the following:
(i) Unreimbursed personal living and travel expenses not incurred directly for lobbying;
(ii) Any expenses incurred for his or her own living accommodations;
(iii) Any expenses incurred for his or her own travel to and from hearings of the legislature;
(iv) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.
(b) In the case of a lobbyist employed by more than one employer, the proportionate amount of such expenditures in each category incurred on behalf of each of his employers.
(c) An itemized listing of each such expenditure, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, in the nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.
(d) The subject matter of proposed legislation or other legislative activity or rule-making under chapter 34.05 RCW, the state Administrative Procedure Act, and the state agency considering the same, which the lobbyist has been engaged in supporting or opposing during the reporting period, unless exempt under RCW 42.17.160(2).
(e) Such other information relevant to lobbying activities as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission.
(f) ((A
listing of each gift, as defined in RCW 42.17.020, made to a state elected
official or executive state officer or to a member of the immediate family of
such an official or officer. Such a gift shall be separately identified by the
date it was given, the approximate value of the gift, and the name of the
recipient. However, for a hosted reception where the average per person amount
is reported under (a) of this subsection, the approximate value for the gift of
partaking in the event is such average per person amount. The commission shall
adopt forms to be used for reporting the giving of gifts under this subsection
(2)(f). The forms shall be designed to permit a lobbyist to report on a
separate form for each recipient the reportable gifts given to that recipient
during the reporting period or, alternatively, to report on one form all
reportable gifts given by the lobbyist during the reporting period)) A
listing of each payment for an item specified in RCW 42.52.150(5) in excess of
fifty dollars made to a state elected official, state officer, or state
employee. Each item shall be identified by recipient, date, and approximate
value of the item.
(g) The total expenditures made during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this subsection, "expenditures" includes amounts paid or incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations, telemarketing, polling, or similar activities if such activities, directly or indirectly, are intended, designed, or calculated to influence legislation or the adoption or rejection of a rule, standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.
(3) If
a state elected official or a member of such an official's immediate family is
identified by a lobbyist in such a report as having received from the lobbyist
((a gift, as defined in RCW 42.17.020)) an item specified in RCW
42.52.150(5), the lobbyist shall transmit to the official a copy of the
completed form used to identify the ((gift)) item in the report
at the same time the report is filed with the commission.
(4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section."
Renumber the remaining sections consecutively.
2SSB 5576 - S AMD - 216 (S2612.3)
By Senators Drew and Smith
ADOPTED 3/14/95
On page 1, line 4 of the title, after "29.80.090," strike "and 42.17.132" and insert "42.17.132, 42.17.160, and 42.17.170"
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