5684-S AMS DREW S2611.3

SSB 5684 - S AMD - 215

By Senators Drew and Smith

                                                                    ADOPTED 3/14/95

     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 - 215

By Senators Drew and Smith

                                                                    ADOPTED 3/14/95

     On page 44, after line 12, insert the following:

     "Sec. 27.  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. 28.  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 - 215

By Senators Drew and Smith

                                                                    ADOPTED 3/14/95

     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"

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