H-3865.3 _______________________________________________
HOUSE BILL 2289
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives Foreman, Crouse, Backlund, Goldsmith, L. Thomas, Elliot, Mulliken, McMahan, Johnson, Thompson, Hargrove, Carrell, Lisk and Boldt
Read first time 01/09/96. Referred to Committee on Government Operations.
AN ACT Relating to restricting lobbying activities by taxpayer-supported entities; adding a new section to chapter 41.04 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature affirms that the legislative authority of the state of Washington is vested in the legislative branch of government and that the legislative body alone is given the constitutional duty and power to establish public policy through the enactment of state law.
(2) The legislature affirms that the executive authority of the state of Washington is vested in the executive branch of government, that the executive branch is given the constitutional duty and power to see that the laws enacted by the legislature are faithfully executed, and that the supreme executive power of state government is vested in the office of the governor.
(3) The legislature finds that to ensure responsible and accountable government, lobbying activities at public expense to influence the public decision-making process in the legislative branch of government should be restricted.
(4) The legislature further finds that restrictions on lobbying activities at public expense by individuals employed by taxpayer-supported agencies or units of government will reduce the cost of maintaining efficient government, increase public confidence in the integrity of government, and assist in restoring representative government to the people.
(5) It is therefore the intent of the legislature to restrict lobbying activities at public expense by taxpayer-supported agencies or units of government to influence the public decision-making process in the legislative branch of government and to consolidate such activities within the office of the governor.
NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:
(1) Representatives of taxpayer-supported agencies or units of government may not participate in lobbying activities.
(2)(a) As used in this section, "representatives of taxpayer-supported agencies or units of government" includes any employees of these agencies or units of government and any nonemployees of these agencies or units of government who have entered into a contractual agreement to represent these agencies or units of government for financial remuneration.
(b) As used in this section, "representatives of taxpayer-supported agencies or units of government" does not include state-wide elected officials or a designated representative of a state-wide elected official if the designated representative is employed in the office of the state-wide elected official. "Representatives of taxpayer-supported agencies or units of government" does not include elected local officials, but does include employees of elected local officials.
(3)(a) As used in this section, "lobbying activities" means any oral or written communication, including electronic communication, to members of the legislature or legislative staff with regard to the advocacy or opposition to the formulation, modification, or adoption of state legislation, including legislative proposals. "Lobbying activities" includes measures taken by representatives of taxpayer-supported agencies or units of government to motivate others to contact members of the legislature or legislative staff with regard to the advocacy or opposition to the formulation, modification, or adoption of state legislation, including legislative proposals.
(b) As used in this section, "lobbying activities" does not include providing factual information to members of the legislature or legislative staff in response to specific requests made by members of the legislature or legislative staff.
(4) The state and each of its political subdivisions shall report to the office of financial management on expenditures associated with lobbying activities.
(5) A representative of a taxpayer-supported agency or unit of government who authorizes, directs, or participates in lobbying activities in violation of this section is subject to a civil fine of not more than ten thousand dollars for each violation.
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