5684-S AMS DREW S2611.2
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 3, line 24, after "(14)" insert ""Contract lobbyist" is a person, other than a regular employee of a lobbyist employer, who independently contracts for economic consideration for the purpose of lobbying.
(15)"
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 5, line 22, after
"(((11)))" strike "(15)" and insert "(16)"
On page 5, line 25, after
"(((12)))" strike "(16)" and insert "(17)"
On page 5, line 32, after
"(((13)))" strike "(17)" and insert "(18)"
On page 5, line 35, after
"(((14)))" strike "(18)" and insert "(19)"
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 6, at the beginning of line 3, strike "(19)" and insert the following:
"(20) "Employee lobbyist" is a regular employee of a lobbyist employer who has lobbying as all or part of his or her regular duties for his or her lobbyist employer.
(21)"
On page 6, line 17, after
"(((15)))" strike "(20)" and insert "(22)"
On page 6, line 19, after
"(((16)))" strike "(21)" and insert "(23)"
On page 6, at the beginning of line 22, strike "(22)" and insert "(24)"
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 7, line 23, after
"(((17)))" strike "(23)" and insert "(25)"
On page 7, at the beginning of line 32, strike "(24)" and insert "(26)"
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 8, at the beginning of line 16, strike "(25)" and insert "(27)"
On page 8, line 28, after
"(((18)))" strike "(26)" and insert "(28)"
On page 8, line 34, after
"(((19)))" strike "(27)" and insert "(29)"
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 9, line 3, after
"(((20)))" strike "(28)" and insert "(30)"
On page 9, line 4, after "behalf" insert "and includes employee lobbyists and contract lobbyists"
On page 9, beginning on
line 5, after "(((21)))" strike all material through
"lobbyist" on line 7, and insert "(31) "Lobbyist's
employer" means the person or persons by whom a lobbyist is employed ((and
all persons by whom he is compensated for acting)) or authorized to act
as a lobbyist"
On page 9, line 8, after
"(((22)))" strike "(30)" and insert "(32)"
On page 9, line 14, after
"(((23)))" strike "(31)" and insert "(33)"
On page 9, line 19, after
"(((24)))" strike "(32)" and insert "(34)"
On page 9, line 25, after
"(((25)))" strike "(33)" and insert "(35)"
On page 9, line 30, after
"(((26)))" strike "(34)" and insert "(36)"
On page 9, at the beginning of line 34, strike "(35)" and insert "(37)"
On page 9, line 37, after
"(((27)))" strike "(36)" and insert "(38)"
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 10, line 3, after
"(((28)))" strike "(37)" and insert "(39)"
On page 10, at the beginning of line 6, strike "(38)" and insert "(40)"
On page 10, at the beginning of line 9, strike "(39)" and insert "(41)"
On page 10, at the beginning of line 13, strike "(40)" and insert "(42)"
On page 10, at the beginning of line 14, strike "(41)" and insert "(43)"
On page 10, line 24, after
"(((29)))" strike "(42)" and insert "(44)"
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 17, after line 39, insert the following:
"Sec. 5. RCW 42.17.132 and 1993 c 2 s 25 are each amended to read as follows:
During the twelve-month
period preceding the ((expiration of a state legislator's term in)) last
day for certification of the election results for a state legislator's election
to office, no incumbent to that office may mail to a constituent at public
expense a letter, newsletter, brochure, or other piece of literature that is
not in direct response to that constituent's request for a response or for
information. However, one mailing mailed within thirty days after the start of
a regular legislative session and one mailing mailed within sixty days after
the end of a regular legislative session of identical newsletters to
constituents are permitted. A violation of this section constitutes use of the
facilities of a public office for the purpose of assisting a campaign under RCW
((42.17.130)) 42.52.180.
The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings, including but not limited to production costs, printing costs, and postage."
Renumber remaining sections consecutively and correct internal references.
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 44, after line 12, insert the following:
"NEW SECTION. Sec. 27. A new section is added to chapter 42.17 RCW to read as follows:
(1) Each employer of a lobbyist registered under this chapter shall file a semiannual report. Reports shall be filed as specified in subsection (2) of this section.
(2) Employer reports shall include the following:
(a) The employer's name, business address, and telephone number;
(b) The name of lobbyists registered on behalf of the employer;
(c) The name and address of each political committee associated, affiliated, or sponsored by the employer and total contributions made by the committee during the reporting period;
(d) The name of each legislator, state elected official, state officer or employee, successful candidate for state office, and any member of the immediate family of those persons to whom the employer has paid any compensation in the amount of five hundred dollars or more during the reporting period for personal employment or professional services, including professional services rendered by a corporation, partnership, joint venture, association, union, or other entity in which the person holds any office, directorship, or any general partnership interest, or an ownership interest of ten percent or more, the value of the compensation in accordance with the reporting provisions set out in RCW 42.17.241(2), and the consideration given or performed in exchange for the compensation;
(e) The name of each legislator, state elected official, state officer or employee, successful candidate for state office, and any member of the immediate family of those persons to whom the lobbyist employer has made expenditures, directly or indirectly, through a lobbyist or otherwise the amount of the expenditures and the purpose for the expenditures. For purposes of this subsection, "expenditure" shall not include any expenditure made by the employer in the ordinary course of business if the expenditure is not made for the purpose of influencing, honoring, or benefiting the recipient of the expenditure or the member of his or her family as an official or candidate for a state office;
(f)(i) Except as provided in (f)(ii) of this subsection (2), an employer of a lobbyist registered under this chapter shall file a special report with the commission if the employer makes a contribution or contributions aggregating more than one hundred dollars in a calendar month to any one of the following: A candidate, elected official, officer or employee of an agency, or political committee. The report shall identify the date and amount of each such contribution and the name of the candidate, elected official, agency officer or employee, or political committee receiving the contribution or to be benefited by the contribution. The report shall be filed on a form prescribed by the commission and shall be filed within fifteen days after the last day of the calendar month during which the contribution was made;
(ii) The provisions of (f)(i) of this subsection (2) do not apply to a contribution that is made through a registered lobbyist and reportable under RCW 42.17.170;
(g) The total expenditures made during the reporting period by the employer for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this section, "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 any rule, standard, or rate by any 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;
(h) Total amount or value of contributions made during the reporting period by the employer to any candidate for state or local office, any political committee whose purpose is to support or oppose the election of one or more candidates for state or local office, a political committee established by a caucus of the state legislature, a political party, or any political committee formed for the purpose of supporting or opposing a state or local ballot proposition or any grass roots lobby;
(i) Total amounts of compensation for lobbying during the reporting period paid or owed to lobbyists employed, hired, contracted, retained, or assigned by the employer;
(j) Total amount for any "special lobbying activities" as designated by section 28 of this act;
(k) Total amount of reimbursement for expenses incurred in connection with lobbying during the reporting period paid or owed to lobbyists employed, hired, contracted, retained, or assigned by the employer;
(l) Total amount for entertainment in connection with lobbying during the reporting period paid or owed to lobbyists employed, hired, contracted, retained, or assigned by the employer;
(m) Total amount of expenditures by the employer or value of gifts during the reporting period to state legislators, state legislative staff, state elected officials, state officers and employees, or members of their immediate families;
(n) The name and amount paid each employee or other person to or for whom fees, salary, or wages of five hundred dollars or more was spent for lobbying or professional assistance for lobbying. This provision shall not apply to persons to the extent that their lobbying or assistance is the result of an appointment or written request of the legislature or agency to participate in a study or provide expertise;
(o) Such other information as the commission prescribes by rule in keeping with the policies and purposes of this chapter.
(3) The compensation and expenditures to be reported under this section are those whose principal purpose is for lobbying, and those that would not have been made but for lobbying. The amounts or values required to be reported shall include cash, the fair market value of goods, services, or tangible or intangible property.
NEW SECTION. Sec. 28. A new section is added to chapter 42.17 RCW to read as follows:
(1) A person who spends twenty-five hundred dollars or more to sponsor a single event that is a special lobbying activity other than that covered by RCW 42.17.200 shall report the information required in this section.
(2) For purposes of this section: (a) "Special lobbying activities" includes but is not limited to receptions, rallies, demonstrations, transportation of members or supporters to facilitate individual or group lobbying, dinners, conventions, mass gatherings, parades, and mailings; and (b) "sponsor" means the person or entity who pays for, organizes, coordinates, or directs a lobbying activity.
(3) Within two weeks after the lobbying activity, the sponsor shall file with the commission a report including the following:
(a) The name and address of the sponsor;
(b) The name and address of the principal officers of the sponsor;
(c) A description of the activity and the place and date on which it was conducted;
(d) The name, address, and amount contributed by each person who contributed money, goods, or services with a value of one hundred dollars or more;
(e) The total of all expenditures made to sponsor or support the activity. Expenditures shall be listed in the following categories:
(i) Salaries or compensation of persons paid to plan, coordinate, operate, or participate in the event;
(ii) Advertising and printing;
(iii) Transportation;
(iv) Food, beverages, and catering;
(v) Lodging;
(vi) Rent of buildings or equipment; and
(vii) Other expenditures; and
(f) Such other relevant information as the commission may require.
Sec. 29. RCW 42.17.160 and 1982 c 147 s 12 are each amended to read as follows:
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. 30. RCW 42.17.170 and 1991 sp.s. c 18 s 2 are each amended to read as follows:
(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 remaining sections consecutively and correct internal references.
SSB 5684 - S AMD - 192
By Senators Drew and Smith
On page 1, line 2 of the title, after "42.17.105," insert "42.17.132,"
On page 1, line 5 of the title, after "42.17.2415," strike "and 42.17.095" and insert "42.17.095, 42.17.160, and 42.17.170"
On page 1, line 6 of the title, after "adding" strike "a new section" and insert "new sections"
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