AN ACT Relating to
public disclosure; amending RCW 42.17.020, 42.17.080, 42.17.090, 42.17.105,
42.17.132, 42.17.155, 42.17.190, 42.17.240, 42.17.241, 42.17.260, 42.17.280,
42.17.290, 42.17.300, 42.17.320, 42.17.370, 42.17.420, 42.17.510, 42.17.640,
42.17.680, 42.17.720, 42.17.740, 42.17.750, 42.17.770, 42.17.780, 42.17.790,
42.17.100, 42.17.125, 42.52.180, 42.17.095, 42.17.160, and 42.17.170;
reenacting and amending RCW 42.17.2401; adding a new section to chapter 42.17
RCW; creating a new section; repealing RCW 42.17.021, 42.17.630, 42.17.2415,
and 42.52.210; providing effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 42.17.020 and 1992 c
139 s 1 are each amended to read as follows:
(1) "Agency"
includes all state agencies and all local agencies. "State agency"
includes every state office, department, division, bureau, board, commission,
or other state agency. "Local agency" includes every county, city,
town, municipal corporation, quasi-municipal corporation, or special purpose
district, or any office, department, division, bureau, board, commission, or
agency thereof, or other local public agency.
(2) "Authorized
committee" means the political committee authorized by a candidate, or by
the public official against whom recall charges have been filed, to accept
contributions or make expenditures on behalf of the candidate or public
official.
(3) "Ballot
proposition" means any "measure" as defined by RCW 29.01.110, or
any initiative, recall, or referendum proposition proposed to be submitted to
the voters of the state or any municipal corporation, political subdivision, or
other voting constituency from and after the time when the proposition has been
initially filed with the appropriate election officer of that constituency
prior to its circulation for signatures.
(((3))) (4)
"Benefit" means a commercial, proprietary, financial, economic, or
monetary advantage, or the avoidance of a commercial, proprietary, financial,
economic, or monetary disadvantage.
(5) "Bona fide
political party" means:
(a) An organization
that has filed a valid certificate of nomination with the secretary of state
under chapter 29.24 RCW;
(b) The governing
body of the state organization of a major political party, as defined in RCW
29.01.090, that is the body authorized by the charter or bylaws of the party to
exercise authority on behalf of the state party; or
(c) The county
central committee or legislative district committee of a major political
party. There may be only one legislative district committee for each party in
each legislative district.
(6)
"Depository" means a bank designated by a candidate or political
committee pursuant to RCW 42.17.050.
(((4))) (7)
"Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW 42.17.050, to
perform the duties specified in that section.
(((5))) (8)
"Candidate" means any individual who seeks nomination for election
or election to public office. An individual ((shall be deemed to seek))
seeks nomination or election when he or she first:
(a) Receives
contributions or makes expenditures or reserves space or facilities with intent
to promote his or her candidacy for office; ((or))
(b) Announces publicly
or files for office;
(c) Purchases
commercial advertising space or broadcast time to promote his or her candidacy;
or
(d) Gives his or her
consent to another person to take on behalf of the individual any of the
actions in (a) or (c) of this subsection.
(9) "Caucus
political committee" means a political committee organized and maintained
by the members of a major political party in the state senate or state house of
representatives.
(((6))) (10)
"Commercial advertiser" means any person who sells the service of
communicating messages or producing printed material for broadcast or
distribution to the general public or segments of the general public whether
through the use of newspapers, magazines, television and radio stations,
billboard companies, direct mail advertising companies, printing companies, or
otherwise.
(((7))) (11)
"Commission" means the agency established under RCW 42.17.350.
(((8))) (12)
"Compensation" unless the context requires a narrower meaning,
includes payment in any form for real or personal property or services of any
kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the
term "compensation" shall not include per diem allowances or other payments
made by a governmental entity to reimburse a public official for expenses
incurred while the official is engaged in the official business of the
governmental entity.
(((9))) (13)
"Continuing political committee" means a political committee that is
an organization of continuing existence not established in anticipation of any
particular election campaign.
(((10))) (14)(a)
"Contribution" includes:
(i) A loan,
gift, deposit, subscription, forgiveness of indebtedness, donation, advance,
pledge, payment, transfer of funds between political committees, or ((transfer
of)) anything of value, including personal and professional services for
less than full consideration((, but does not include interest on moneys
deposited in a political committee's account, ordinary home hospitality and the
rendering of personal services of the sort commonly performed by volunteer
campaign workers, or incidental expenses personally incurred by volunteer
campaign workers not in excess of fifty dollars personally paid for by the
worker. Volunteer services, for the purposes of this chapter, means services
or labor for which the individual is not compensated by any person. For the purposes
of this chapter, contributions other than money or its equivalents shall be
deemed to have a money value equivalent to the fair market value of the
contribution. Sums paid for tickets to fund-raising events such as dinners and
parties are contributions; however, the amount of any such contribution may be
reduced for the purpose of complying with the reporting requirements of this
chapter, by the actual cost of consumables furnished in connection with the
purchase of the tickets, and only the excess over the actual cost of the
consumables shall be deemed a contribution));
(ii) An expenditure
made by a person in cooperation, consultation, or concert with, or at the
request or suggestion of, a candidate, a political committee, or their agents;
(iii) The financing
by a person of the dissemination, distribution, or republication, in whole or
in part, of broadcast, written, graphic, or other form of political advertising
prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for
tickets to fund-raising events such as dinners and parties, except for the
actual cost of the consumables furnished at the event.
(b)
"Contribution" does not include:
(i) Standard
interest on money deposited in a political committee's account;
(ii) Ordinary home
hospitality;
(iii) A contribution
received by a candidate or political committee that is returned to the
contributor within five business days of the date on which it is received by
the candidate or political committee;
(iv) A news item,
feature, commentary, or editorial in a regularly scheduled news medium that is
of primary interest to the general public, that is in a news medium controlled
by a person whose business is that news medium, and that is not controlled by a
candidate or a political committee;
(v) An internal
political communication primarily limited to the members of or contributors to
a political party organization or political committee, or to the officers,
management staff, or stockholders of a corporation or similar enterprise, or to
the members of a labor organization or other membership organization;
(vi) The rendering
of personal services of the sort commonly performed by volunteer campaign
workers, or incidental expenses personally incurred by volunteer campaign workers
not in excess of fifty dollars personally paid for by the worker.
"Volunteer services," for the purposes of this section, means
services or labor for which the individual is not compensated by any person;
(vii) Messages in
the form of reader boards, banners, or yard or window signs displayed on a
person's own property or property occupied by a person. However, a facility
used for such political advertising for which a rental charge is normally made
must be reported as an in-kind contribution and counts towards any applicable
contribution limit of the person providing the facility;
(viii) Legal or
accounting services rendered to or on behalf of:
(A) A political
party or caucus political committee if the person paying for the services is
the regular employer of the person rendering such services; or
(B) A candidate or
an authorized committee if the person paying for the services is the regular
employer of the individual rendering the services and if the services are
solely for the purpose of ensuring compliance with state election or public
disclosure laws.
(c) Contributions
other than money or its equivalent are deemed to have a monetary value
equivalent to the fair market value of the contribution. Services or property
or rights furnished at less than their fair market value for the purpose of
assisting any candidate or political committee are deemed a contribution. Such
a contribution must be reported as an in-kind contribution at its fair market
value and counts towards any applicable contribution limit of the provider.
(((11))) (15)
"Elected official" means any person elected at a general or special
election to any public office, and any person appointed to fill a vacancy in
any such office.
(((12))) (16)
"Election" includes any primary, general, or special election for
public office and any election in which a ballot proposition is submitted to
the voters: PROVIDED, That an election in which the qualifications for voting
include other than those requirements set forth in Article VI, section 1
(Amendment 63) of the Constitution of the state of Washington shall not be
considered an election for purposes of this chapter.
(((13))) (17)
"Election campaign" means any campaign in support of or in opposition
to a candidate for election to public office and any campaign in support of, or
in opposition to, a ballot proposition.
(((14))) (18)
"Election cycle" means the period beginning on the first day of
December after the date of the last previous general election for the office
that the candidate seeks and ending on November 30th after 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 30th after the special election.
(19)
"Expenditure" includes a payment, contribution, subscription,
distribution, loan, advance, deposit, or gift of money or anything of value,
and includes a contract, promise, or agreement, whether or not legally
enforceable, to make an expenditure. The term "expenditure" also
includes a promise to pay, a payment, or a transfer of anything of value in
exchange for goods, services, property, facilities, or anything of value for
the purpose of assisting, benefiting, or honoring any public official or
candidate, or assisting in furthering or opposing any election campaign. For
the purposes of this chapter, agreements to make expenditures, contracts, and
promises to pay may be reported as estimated obligations until actual payment
is made. The term "expenditure" shall not include the partial or
complete repayment by a candidate or political committee of the principal of a
loan, the receipt of which loan has been properly reported.
(((15))) (20)
"Final report" means the report described as a final report in RCW
42.17.080(2).
(((16))) (21)
"General election" means the election that results in the election of
a person to a state office. It does not include a primary.
(22)
"Gift," ((for the purposes of RCW 42.17.170 and 42.17.2415, means
a rendering of anything of value in return for which reasonable consideration
is not given and received and includes a rendering of money, property,
services, discount, loan forgiveness, payment of indebtedness, or
reimbursements from or payments by persons (other than the federal government,
or the state of Washington or any agency or political subdivision thereof) for
travel or anything else of value. The term "reasonable
consideration" refers to the approximate range of consideration that
exists in transactions not involving donative intent. However, the value of
the gift of partaking in a single hosted reception shall be determined by
dividing the total amount of the cost of conducting the reception by the total
number of persons partaking in the reception. "Gift" for the
purposes of RCW 42.17.170 and 42.17.2415 does not include:
(a) A gift, other
than a gift of partaking in a hosted reception, with a value of fifty dollars
or less;
(b) The gift of
partaking in a hosted reception if the value of the gift is one hundred dollars
or less;
(c) A contribution
that is required to be reported under RCW 42.17.090 or 42.17.243;
(d) Informational
material that is transferred for the purpose of informing the recipient about
matters pertaining to official business of the governmental entity of which the
recipient is an official or officer, and that is not intended to confer on that
recipient any commercial, proprietary, financial, economic, or monetary
advantage, or the avoidance of any commercial, proprietary, financial,
economic, or monetary disadvantage;
(e) A gift that is
not used and that, within thirty days after receipt, is returned to the donor
or delivered to a charitable organization. However, this exclusion from the
definition does not apply if the recipient of the gift delivers the gift to a
charitable organization and claims the delivery as a charitable contribution
for tax purposes;
(f) 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 governmental
entity of which the recipient is an officer or official or with respect to any
legislative matter or matters of that governmental entity; or
(g) A gift given
prior to September 29, 1991)) is
as defined in RCW 42.52.010.
(((17))) (23)
"Immediate family" includes the spouse, dependent children, and other
dependent relatives, if living in the household. For the purposes of RCW
42.17.640 through 42.17.790, "immediate family" means an individual's
spouse, and child, stepchild, grandchild, parent, stepparent, grandparent,
brother, half brother, sister, or half sister of the individual and the spouse
of any such person and a child, stepchild, grandchild, parent, stepparent,
grandparent, brother, half brother, sister, or half sister of the individual's
spouse and the spouse of any such person.
(24)
"Independent expenditure" means an expenditure that 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 that 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 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 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 political advertising that either specifically
names the candidate supported or opposed, or clearly and beyond any doubt
identifies the 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 series of expenditures, each of which is under five
hundred dollars, constitutes one independent expenditure if their cumulative
value is five hundred dollars or more.
(25)(a)
"Intermediary" means an individual who transmits a contribution to a
candidate or committee from another person unless the contribution is from the
individual's employer, immediate family as defined for purposes of RCW
42.17.640 through 42.17.790, or an association to which the individual belongs.
(b) A treasurer or a
candidate is not an intermediary for purposes of the committee that the
treasurer or candidate serves.
(c) A professional
fund-raiser is not an intermediary if the fund-raiser is compensated for
fund-raising services at the usual and customary rate.
(d) A volunteer
hosting a fund-raising event at the individual's home is not an intermediary
for purposes of that event.
(((18))) (26)
"Legislation" means bills, resolutions, motions, amendments,
nominations, and other matters pending or proposed in either house of the state
legislature, and includes any other matter that may be the subject of action by
either house or any committee of the legislature and all bills and resolutions
that, having passed both houses, are pending approval by the governor.
(((19))) (27)
"Lobby" and "lobbying" each mean attempting to influence
the passage or defeat of any legislation by the legislature of the state of
Washington, or the adoption or rejection of any rule, standard, rate, or other
legislative enactment of any state agency under the state Administrative
Procedure Act, chapter 34.05 RCW. Neither "lobby" nor
"lobbying" includes an association's or other organization's act of
communicating with the members of that association or organization.
(((20))) (28)
"Lobbyist" includes any person who lobbies either in his or her
own or another's behalf.
(((21))) (29)
"Lobbyist's employer" means the person or persons by whom a lobbyist
is employed and all persons by whom he or she is compensated for acting
as a lobbyist.
(((22))) (30)
"Person" includes an individual, partnership, joint venture, public
or private corporation, association, federal, state, or local governmental
entity or agency however constituted, candidate, committee, political
committee, political party, executive committee thereof, or any other
organization or group of persons, however organized.
(((23))) (31)
"Person in interest" means the person who is the subject of a record
or any representative designated by that person, except that if that person is
under a legal disability, the term "person in interest" means and
includes the parent or duly appointed legal representative.
(((24))) (32)
"Political advertising" includes any advertising displays, newspaper
ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio
or television presentations, or other means of mass communication, used for the
purpose of appealing, directly or indirectly, for votes or for financial or
other support in any election campaign.
(((25))) (33)
"Political committee" means any person (except a candidate or an
individual dealing with his or her own funds or property) having the
expectation of receiving contributions or making expenditures in support of, or
opposition to, any candidate or any ballot proposition.
(((26))) (34)
"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
that uses, in large measure, the procedures established in chapter 29.18 or
29.21 RCW.
(35)
"Public office" means any federal, state, county, city, town, school
district, port district, special district, or other state political subdivision
elective office.
(((27))) (36)
"Public record" includes any writing containing information relating
to the conduct of government or the performance of any governmental or
proprietary function prepared, owned, used, or retained by any state or local
agency regardless of physical form or characteristics. For the office of
the secretary of the senate and the office of the chief clerk of the house of
representatives, public records means legislative records as defined in RCW
40.14.100 and also means the following: All budget and financial records;
personnel leave, travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated a public
record by any official action of the senate or the house of representatives.
(((28))) (37)
"Recall campaign" means the period of time beginning on the date of
the filing of recall charges under RCW 29.82.015 and ending thirty days after
the recall election.
(38) "State
legislative office" means the office of a member of the state house of representatives
or the office of a member of the state senate.
(39) "State
office" means state legislative office or the office of governor,
lieutenant governor, secretary of state, attorney general, commissioner of
public lands, insurance commissioner, superintendent of public instruction,
state auditor, or state treasurer.
(40) "State
official" means a person who holds a state office.
(41)
"Surplus funds" mean, in the case of a political committee or
candidate, the balance of contributions that remain in the possession or
control of that committee or candidate subsequent to the election for which the
contributions were received, and that are in excess of the amount necessary to
pay remaining debts incurred by the committee or candidate prior to that election.
In the case of a continuing political committee, "surplus funds" mean
those contributions remaining in the possession or control of the committee
that are in excess of the amount necessary to pay all remaining debts when it
makes its final report under RCW 42.17.065.
(((29))) (42)
"Writing" means handwriting, typewriting, printing, photostating,
photographing, and every other means of recording any form of communication or
representation, including, but not limited to, letters, words, pictures, sounds,
or symbols, or combination thereof, and all papers, maps, magnetic or paper
tapes, photographic films and prints, motion picture, film and video
recordings, magnetic or punched cards, discs, drums, diskettes, sound
recordings, and other documents including existing data compilations from which
information may be obtained or translated.
As used in this
chapter, the singular shall take the plural and any gender, the other, as the
context requires.
Sec. 2. RCW 42.17.080 and 1989 c
280 s 8 are each amended to read as follows:
(1) On the day the
treasurer is designated, each candidate or political committee shall file with
the commission and the county auditor or elections officer of the county in
which the candidate resides, or in the case of a political committee, the
county in which the treasurer resides, in addition to any statement of
organization required under RCW 42.17.040 or 42.17.050, a report of all
contributions received and expenditures made prior to that date, if any.
(2) At the following
intervals each treasurer shall file with the commission and the county auditor
or elections officer of the county in which the candidate resides, or in the
case of a political committee, the county in which the committee maintains its
office or headquarters, and if there is no office or headquarters then in the
county in which the treasurer resides, a report containing the information
required by RCW 42.17.090:
(a) On the twenty-first
day and the seventh day immediately preceding the date on which the election is
held; and
(b) On the tenth day of
the first month after the election: PROVIDED, That this report shall not be
required following a primary election from:
(i) A candidate whose
name will appear on the subsequent general election ballot; or
(ii) Any continuing
political committee; and
(c) On the tenth day of
each month in which no other reports are required to be filed under this
section: PROVIDED, That such report shall only be filed if the committee has
received a contribution or made an expenditure in the preceding calendar month
and either the total contributions received or total expenditures made since
the last such report exceed two hundred dollars.
When there is no
outstanding debt or obligation, and the campaign fund is closed, and the
campaign is concluded in all respects, and in the case of a political
committee, the committee has ceased to function and has dissolved, the
treasurer shall file a final report. Upon submitting a final report, the
duties of the treasurer shall cease and there shall be no obligation to make
any further reports.
The report filed
twenty-one days before the election shall report all contributions received and
expenditures made as of the end of the fifth business day before the date of
the report. The report filed seven days before the election shall report all
contributions received and expenditures made as of the end of the one business
day before the date of the report. Reports filed on the tenth day of the month
shall report all contributions received and expenditures made from the closing
date of the last report filed through the last day of the month preceding the
date of the current report.
(3) For the period
beginning the first day of the fourth month preceding the date on which the
special or general election is held and ending on the date of that election, each
Friday the treasurer shall file with the commission and the appropriate
county elections officer a report of each ((contribution received)) bank
deposit made during ((that period at the time that contribution is
deposited pursuant to RCW 42.17.060(1))) the previous seven calendar
days. The report shall contain the name of each person contributing the
funds so deposited and the amount contributed by each person. However,
contributions of no more than twenty-five dollars in the aggregate from
any one person may be deposited without identifying the contributor. A copy of
the report shall be retained by the treasurer for his or her records.
In the event of deposits made by a deputy treasurer, the copy shall be
forwarded to the treasurer ((to be retained by him)) for his or her
records. Each report shall be certified as correct by the treasurer or deputy
treasurer making the deposit.
(4) The treasurer or
candidate shall maintain books of account accurately reflecting all
contributions and expenditures on a current basis within five business days of
receipt or expenditure. During the eight days immediately preceding the date
of the election the books of account shall be kept current within one business
day and shall be open for public inspection for at least two consecutive hours
Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00
p.m., as specified in the committee's statement of organization filed pursuant
to RCW 42.17.040, at the principal headquarters or, if there is no
headquarters, at the address of the treasurer or such other place as may be
authorized by the commission. The treasurer or candidate shall preserve books
of account, bills, receipts, and all other financial records of the campaign or
political committee for not less than five calendar years following the year
during which the transaction occurred.
(5) All reports filed
pursuant to subsections (1) or (2) of this section shall be certified as
correct by the candidate and the treasurer.
(6) Copies of all
reports filed pursuant to this section shall be readily available for public
inspection for at least two consecutive hours Monday through Friday, excluding
legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the
committee's statement of organization filed pursuant to RCW 42.17.040, at the
principal headquarters or, if there is no headquarters, at the address of the
treasurer or such other place as may be authorized by the commission.
(7) The commission
shall adopt administrative rules establishing requirements for filer
participation in any system designed and implemented by the commission for the
electronic filing of reports.
Sec. 3. RCW 42.17.090 and 1993 c
256 s 6 are each amended to read as follows:
(1) Each report
required under RCW 42.17.080 (1) and (2) shall disclose the following:
(a) The funds on hand
at the beginning of the period;
(b) Only the
name and address of each person who has made one or more contributions during
the period, together with the money value and date of such contributions and
the aggregate value of all contributions received from each such person during
the campaign or in the case of a continuing political committee, the current
calendar year: PROVIDED, That pledges in the aggregate of less than one
hundred dollars from any one person need not be reported: PROVIDED FURTHER,
That the income which results from a fund-raising activity conducted in
accordance with RCW 42.17.067 may be reported as one lump sum, with the
exception of that portion of such income which was received from persons whose
names and addresses are required to be included in the report required by RCW
42.17.067: PROVIDED FURTHER, That contributions of no more than twenty-five
dollars in the aggregate from any one person during the election campaign may
be reported as one lump sum so long as the campaign treasurer maintains a
separate and private list of the name, address, and amount of each such
contributor: PROVIDED FURTHER, That the money value of contributions of
postage shall be the face value of such postage;
(c) Each loan,
promissory note, or security instrument to be used by or for the benefit of the
candidate or political committee made by any person, together with the names
and addresses of the lender and each person liable directly, indirectly or
contingently and the date and amount of each such loan, promissory note, or
security instrument;
(d) All other
contributions not otherwise listed or exempted;
(e) ((The name and
address of each candidate or political committee to which any transfer of funds
was made, together with the amounts and dates of such transfers;
(f))) The name and address of each person to whom an
expenditure was made in the aggregate amount of more than fifty dollars during
the period covered by this report, and the amount, date, and purpose of each
such expenditure. ((A candidate for state executive or state legislative
office or the political committee of such a candidate shall report this
information for an expenditure under one of the following categories, whichever
is appropriate: (i) Expenditures for the election of the candidate; (ii)
expenditures for nonreimbursed public office-related expenses; (iii)
expenditures required to be reported under (e) of this subsection; or (iv)
expenditures of surplus funds and other expenditures. The report of such a
candidate or committee shall contain a separate total of expenditures for each
category and a total sum of all expenditures. Other candidates and political
committees need not report information regarding expenditures under the
categories listed in (i) through (iv) of this subsection or under similar such
categories unless required to do so by the commission by rule.)) The
report ((of such an other candidate or committee shall)) must
also contain the total sum of all expenditures;
(((g))) (f)
The name and address of each person to whom any expenditure was made directly
or indirectly to compensate the person for soliciting or procuring signatures
on an initiative or referendum petition, the amount of such compensation to
each such person, and the total of the expenditures made for this purpose.
Such expenditures shall be reported under this subsection (1)(((g))) (f)
whether the expenditures are or are not also required to be reported under (((f)))
(e) of this subsection;
(((h))) (g)
The name and address of any person and the amount owed for any debt,
obligation, note, unpaid loan, or other liability in the amount of more than
two hundred fifty dollars or in the amount of more than fifty dollars that has
been outstanding for over thirty days;
(((i))) (h)
The surplus or deficit of contributions over expenditures;
(((j))) (i)
The disposition made in accordance with RCW 42.17.095 of any surplus funds;
(((k))) (j)
Such other information as shall be required by the commission by rule in
conformance with the policies and purposes of this chapter; and
(((l))) (k)
Funds received from a political committee not otherwise required to report
under this chapter (a "nonreporting committee"). Such funds shall be
forfeited to the state of Washington unless the nonreporting committee has
filed or within ten days following such receipt files with the commission a
statement disclosing: (i) Its name and address; (ii) the purposes of the
nonreporting committee; (iii) the names, addresses, and titles of its officers
or if it has no officers, the names, addresses, and titles of its responsible leaders;
(iv) the name, office sought, and party affiliation of each candidate in the
state of Washington whom the nonreporting committee is supporting, and, if such
committee is supporting the entire ticket of any party, the name of the party;
(v) the ballot proposition supported or opposed in the state of Washington, if
any, and whether such committee is in favor of or opposed to such proposition;
(vi) the name and address of each person residing in the state of Washington or
corporation which has a place of business in the state of Washington who has
made one or more contributions in the aggregate of more than twenty-five
dollars to the nonreporting committee during the current calendar year,
together with the money value and date of such contributions; (vii) the name
and address of each person in the state of Washington to whom an expenditure
was made by the nonreporting committee on behalf of a candidate or political
committee in the aggregate amount of more than fifty dollars, the amount, date,
and purpose of such expenditure, and the total sum of such expenditures; (viii)
such other information as the commission may prescribe by rule, in keeping with
the policies and purposes of this chapter. A nonreporting committee incurring
an obligation to file additional reports in a calendar year may satisfy the
obligation by filing with the commission a letter providing updating or
amending information.
(2) The treasurer and
the candidate shall certify the correctness of each report.
Sec. 4. RCW 42.17.105 and 1991 c
157 s 1 are each amended to read as follows:
(1) Campaign treasurers
shall prepare and deliver to the commission a special report regarding any
contribution or aggregate of contributions which: Exceeds five hundred dollars;
is from a single person or entity; and is received during a special reporting
period.
Any political committee
making a contribution or an aggregate of contributions to a single entity which
exceeds five hundred dollars shall also prepare and deliver to the commission
the special report if the contribution or aggregate of contributions is made
during a special reporting period.
For the purposes of
subsections (1) through (7) of this section:
(a) Each of the
following intervals is a special reporting period: (i) The interval beginning
after the period covered by the last report required by RCW 42.17.080 and
42.17.090 to be filed before a primary and concluding on the end of the day
before that primary; and (ii) the interval composed of the twenty-one days
preceding a general election; and
(b) An aggregate of
contributions includes only those contributions received from a single entity
during any one special reporting period or made by the contributing political
committee to a single entity during any one special reporting period.
(2) If a campaign
treasurer files a special report under this section for one or more
contributions received from a single entity during a special reporting period,
the treasurer shall also file a special report under this section for each
subsequent contribution of any size which is received from that entity during
the special reporting period. If a political committee files a special report
under this section for a contribution or contributions made to a single entity
during a special reporting period, the political committee shall also file a
special report for each subsequent contribution of any size which is made to
that entity during the special reporting period.
(3) Except as provided
in subsection (4) of this section, the special report required by this section
shall be delivered electronically or in written form, including but not
limited to mailgram, telegram, or nightletter. The special report required of
a contribution recipient 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 exceeding five hundred dollars is received by the
candidate or treasurer; the aggregate received by the candidate or treasurer first
exceeds five hundred dollars; or the subsequent contribution that must be
reported under subsection (2) of this section is received by the candidate or
treasurer. The special report required of a contributor by subsection (1) of
this section or RCW 42.17.175 shall be delivered to the commission, and the
candidate or political committee to whom the contribution or contributions are
made, within twenty-four hours of the time, or on the first working day after:
The contribution is made; the aggregate of contributions made first exceeds
five hundred dollars; or the subsequent contribution that must be reported
under subsection (2) of this section 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 or the file transfer
date of the electronic filing is 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 or contributions;
(b) The date or dates
of receipt;
(c) The name and
address of the donor;
(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)) prepare 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 contributions made by, or accepted
from, a ((major Washington state)) bona fide political party as
defined in ((RCW 29.01.090)) this chapter, excluding the county
central committee or legislative district committee.
(9) Contributions
governed by this section include, but are not limited to, contributions made or
received indirectly through a third party or entity whether the contributions
are or are not reported to the commission as earmarked contributions under RCW
42.17.135.
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
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,))
During the
twelve-month period preceding the last day for certification of the election
results for a state legislator's election to office, the legislator may not
mail to a constituent at public expense a letter, newsletter, brochure, or
other piece of literature except as provided in this section.
The legislator may
mail one mailing ((mailed within)) no later than thirty days
after the start of a regular legislative session and one mailing ((mailed
within)) no later than sixty days after the end of a regular
legislative session of identical newsletters to constituents ((are permitted)).
The legislator may
mail an individual letter to an individual constituent who (1) has contacted
the legislator regarding the subject matter of the letter during the
legislator's current term of office; or (2) holds a governmental office with
jurisdiction over the subject matter of the letter.
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.
Sec. 6. RCW 42.17.155 and 1985 c
367 s 8 are each amended to read as follows:
Each lobbyist shall at
the time he or she registers submit to the commission a recent
photograph of himself or herself of a size and format as determined by
rule of the commission, together with the name of the lobbyist's employer, the
length of his or her employment as a lobbyist before the legislature, a
brief biographical description, and any other information he or she may
wish to submit not to exceed fifty words in length. Such photograph and
information shall be published at least ((annually)) biennially
in a booklet form by the commission for distribution to legislators and the
public.
Sec. 7. RCW 42.17.190 and 1986 c
239 s 1 are each amended to read as follows:
(1) ((Every
legislator and every committee of the legislature shall file with the
commission quarterly reports listing the names, addresses, and salaries of all
persons employed by the person or committee making the filing for the purpose
of aiding in the preparation or enactment of legislation or the performance of
legislative duties of such legislator or committee during the preceding quarter.
The reports shall be made in the form and the manner prescribed by the
commission and shall be filed between the first and tenth days of each calendar
quarter: PROVIDED, That the information required by this subsection may be
supplied, insofar as it is available, by the chief clerk of the house of
representatives or by the secretary of the senate on a form prepared by the
commission.)) The house of representatives and the senate shall report
annually: The total budget; the portion of the total attributed to staff; and
the number of full-time and part-time staff positions by assignment, with
dollar figures as well as number of positions.
(2) Unless authorized
by subsection (3) of this section or otherwise expressly authorized by law, no
public funds may be used directly or indirectly for lobbying: PROVIDED, This
does not prevent officers or employees of an agency from communicating with a
member of the legislature on the request of that member; or communicating to
the legislature, through the proper official channels, requests for legislative
action or appropriations which are deemed necessary for the efficient conduct
of the public business or actually made in the proper performance of their
official duties: PROVIDED FURTHER, That this subsection does not apply to the
legislative branch.
(3) Any agency, not
otherwise expressly authorized by law, may expend public funds for lobbying,
but such lobbying activity shall be limited to (a) providing information or communicating
on matters pertaining to official agency business to any elected official or
officer or employee of any agency or (b) advocating the official position or
interests of the agency to any elected official or officer or employee of any
agency: PROVIDED, That public funds may not be expended as a direct or
indirect gift or campaign contribution to any elected official or officer or
employee of any agency. For the purposes of this subsection, the term
"gift" means a voluntary transfer of any thing of value without
consideration of equal or greater value, but does not include informational
material transferred for the sole purpose of informing the recipient about
matters pertaining to official agency business((: PROVIDED FURTHER, That)).
This section does not permit the printing of a state publication which has
been otherwise prohibited by law.
(4) No elective
official or any employee of his or her office or any person appointed to or
employed by any public office or agency may use or authorize the use of any of
the facilities of a public office or agency, directly or indirectly, in any
effort to support or oppose an initiative to the legislature. "Facilities
of a public office or agency" has the same meaning as in RCW 42.17.130 and
42.52.180. The provisions of this subsection shall not apply to the
following activities:
(a) Action taken at an
open public meeting by members of an elected legislative body to express a
collective decision, or to actually vote upon a motion, proposal, resolution,
order, or ordinance, or to support or oppose an initiative to the legislature
so long as (i) any required notice of the meeting includes the title and number
of the initiative to the legislature, and (ii) members of the legislative body
or members of the public are afforded an approximately equal opportunity for
the expression of an opposing view;
(b) A statement by an
elected official in support of or in opposition to any initiative to the
legislature at an open press conference or in response to a specific inquiry;
(c) Activities which
are part of the normal and regular conduct of the office or agency;
(d) Activities
conducted regarding an initiative to the legislature that would be permitted
under RCW 42.17.130 and 42.52.180 if conducted regarding other ballot measures.
(5) Each state agency,
county, city, town, municipal corporation, quasi-municipal corporation, or
special purpose district which expends public funds for lobbying shall file
with the commission, except as exempted by (d) of this subsection, quarterly
statements providing the following information for the quarter just completed:
(a) The name of the
agency filing the statement;
(b) The name, title,
and job description and salary of each elected official, officer, or employee
who lobbied, a general description of the nature of the lobbying, and the
proportionate amount of time spent on the lobbying;
(c) A listing of
expenditures incurred by the agency for lobbying including but not limited to
travel, consultant or other special contractual services, and brochures and
other publications, the principal purpose of which is to influence legislation;
(d) For purposes of
this subsection the term "lobbying" does not include:
(i) Requests for
appropriations by a state agency to the office of financial management pursuant
to chapter 43.88 RCW nor requests by the office of financial management to the
legislature for appropriations other than its own agency budget requests;
(ii) Recommendations or
reports to the legislature in response to a legislative request expressly
requesting or directing a specific study, recommendation, or report by an
agency on a particular subject;
(iii) Official reports
including recommendations submitted to the legislature on an annual or biennial
basis by a state agency as required by law;
(iv) Requests,
recommendations, or other communication between or within state agencies or
between or within local agencies;
(v) Any other lobbying
to the extent that it includes:
(A) Telephone
conversations or preparation of written correspondence;
(B) In-person lobbying
on behalf of an agency of no more than four days or parts thereof during any
three-month period by officers or employees of that agency and in-person
lobbying by any elected official of such agency on behalf of such agency or in
connection with the powers, duties, or compensation of such official:
PROVIDED, That the total expenditures of nonpublic funds made in connection
with such lobbying 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 do not exceed fifteen dollars for any three-month period:
PROVIDED FURTHER, That the exemption under this subsection is in addition to
the exemption provided in (A) of this subsection;
(C) Preparation or
adoption of policy positions.
The statements shall be
in the form and the manner prescribed by the commission and shall be filed
within one month after the end of the quarter covered by the report.
(6) In lieu of
reporting under subsection (5) of this section any county, city, town,
municipal corporation, quasi municipal corporation, or special purpose district
may determine and so notify the public disclosure commission, that elected
officials, officers, or employees who on behalf of any such local agency engage
in lobbying reportable under subsection (5) of this section shall register and
report such reportable lobbying in the same manner as a lobbyist who is
required to register and report under RCW 42.17.150 and 42.17.170. Each such
local agency shall report as a lobbyist employer pursuant to RCW 42.17.180.
(7) The provisions of
this section do not relieve any elected official or officer or employee of an
agency from complying with other provisions of this chapter, if such elected
official, officer, or employee is not otherwise exempted.
(8) The purpose of this
section is to require each state agency and certain local agencies to report
the identities of those persons who lobby on behalf of the agency for
compensation, together with certain separately identifiable and measurable
expenditures of an agency's funds for that purpose. This section shall be
reasonably construed to accomplish that purpose and not to require any agency
to report any of its general overhead cost or any other costs which relate only
indirectly or incidentally to lobbying or which are equally attributable to or
inseparable from nonlobbying activities of the agency.
The public disclosure
commission may adopt rules clarifying and implementing this legislative interpretation
and policy.
Sec. 8. RCW 42.17.240 and 1993 c
2 s 31 are each amended to read as follows:
(1) Every elected
official and every executive state officer shall after January 1st and before
April 15th of each year file with the commission a statement of financial
affairs for the preceding calendar year. However, any local elected official
whose term of office expires immediately after December 31st shall file the
statement required to be filed by this section for the year that ended on that
December 31st. ((In addition to and in conjunction with the statement of
financial affairs, every official and officer shall file a statement describing
any gifts received during the preceding calendar year.))
(2) Every candidate
shall within two weeks of becoming a candidate file with the commission a
statement of financial affairs for the preceding twelve months.
(3) Every person
appointed to a vacancy in an elective office or executive state officer
position shall within two weeks of being so appointed file with the commission
a statement of financial affairs for the preceding twelve months.
(4) A statement of a
candidate or appointee filed during the period from January 1st to April 15th
shall cover the period from January 1st of the preceding calendar year to the
time of candidacy or appointment if the filing of the statement would relieve
the individual of a prior obligation to file a statement covering the entire
preceding calendar year.
(5) No individual may
be required to file more than once in any calendar year.
(6) Each statement of
financial affairs filed under this section shall be sworn as to its truth and
accuracy.
(7) Every elected
official and every executive state officer shall file with their statement of
financial affairs a statement certifying that they have read and are familiar
with RCW 42.17.130 or 42.52.180, whichever is applicable.
(8) For the
purposes of this section, the term "executive state officer" includes
those listed in RCW 42.17.2401.
(((8))) (9)
This section does not apply to incumbents or candidates for a federal office or
the office of precinct committee officer.
Sec. 9. RCW 42.17.241 and 1984 c
34 s 3 are each amended to read as follows:
FINANCIAL AFFAIRS
REPORT‑-GIFTS. (1) The statement of financial affairs required by RCW
42.17.240 shall disclose for the reporting individual and each member of his or
her immediate family:
(a) Occupation, name of
employer, and business address; and
(b) Each bank or
savings account or insurance policy in which any such person or persons owned a
direct financial interest that exceeded five thousand dollars at any time
during the reporting period; each other item of intangible personal property in
which any such person or persons owned a direct financial interest, the value
of which exceeded five hundred dollars during the reporting period; the name,
address, and nature of the entity; and the nature and highest value of each
such direct financial interest during the reporting period; and
(c) The name and
address of each creditor to whom the value of five hundred dollars or more was
owed; the original amount of each debt to each such creditor; the amount of
each debt owed to each creditor as of the date of filing; the terms of
repayment of each such debt; and the security given, if any, for each such
debt: PROVIDED, That debts arising out of a "retail installment
transaction" as defined in chapter 63.14 RCW (Retail Installment Sales
Act) need not be reported; and
(d) Every public or
private office, directorship, and position held as trustee; and
(e) All persons for
whom any legislation, rule, rate, or standard has been prepared, promoted, or
opposed for current or deferred compensation: PROVIDED, That for the purposes
of this subsection, "compensation" does not include payments made to
the person reporting by the governmental entity for which such person serves as
an elected official or state executive officer or professional staff member for
his service in office; the description of such actual or proposed legislation,
rules, rates, or standards; and the amount of current or deferred compensation
paid or promised to be paid; and
(f) The name and
address of each governmental entity, corporation, partnership, joint venture,
sole proprietorship, association, union, or other business or commercial entity
from whom compensation has been received in any form of a total value of five
hundred dollars or more; the value of the compensation; and the consideration
given or performed in exchange for the compensation; and
(g) The name of any
corporation, partnership, joint venture, association, union, or other entity in
which is held any office, directorship, or any general partnership interest, or
an ownership interest of ten percent or more; the name or title of that office,
directorship, or partnership; the nature of ownership interest; and with
respect to each such entity: (i) With respect to a governmental unit in which
the official seeks or holds any office or position, if the entity has received
compensation in any form during the preceding twelve months from the
governmental unit, the value of the compensation and the consideration given or
performed in exchange for the compensation; (ii) the name of each governmental
unit, corporation, partnership, joint venture, sole proprietorship,
association, union, or other business or commercial entity from which the
entity has received compensation in any form in the amount of two thousand five
hundred dollars or more during the preceding twelve months and the
consideration given or performed in exchange for the compensation: PROVIDED,
That the term "compensation" for purposes of this subsection
(1)(g)(ii) does not include payment for water and other utility services at
rates approved by the Washington state utilities and transportation commission
or the legislative authority of the public entity providing the service: PROVIDED,
FURTHER, That with respect to any bank or commercial lending institution in
which is held any office, directorship, partnership interest, or ownership
interest, it shall only be necessary to report either the name, address, and
occupation of every director and officer of the bank or commercial lending
institution and the average monthly balance of each account held during the
preceding twelve months by the bank or commercial lending institution from the
governmental entity for which the individual is an official or candidate or
professional staff member, or all interest paid by a borrower on loans from and
all interest paid to a depositor by the bank or commercial lending institution
if the interest exceeds six hundred dollars; and
(h) A list, including
legal or other sufficient descriptions as prescribed by the commission, of all
real property in the state of Washington, the assessed valuation of which
exceeds two thousand five hundred dollars in which any direct financial
interest was acquired during the preceding calendar year, and a statement of
the amount and nature of the financial interest and of the consideration given
in exchange for that interest; and
(i) A list, including
legal or other sufficient descriptions as prescribed by the commission, of all
real property in the state of Washington, the assessed valuation of which
exceeds two thousand five hundred dollars in which any direct financial
interest was divested during the preceding calendar year, and a statement of
the amount and nature of the consideration received in exchange for that
interest, and the name and address of the person furnishing the consideration;
and
(j) A list, including
legal or other sufficient descriptions as prescribed by the commission, of all
real property in the state of Washington, the assessed valuation of which
exceeds two thousand five hundred dollars in which a direct financial interest
was held: PROVIDED, That if a description of the property has been included in
a report previously filed, the property may be listed, for purposes of this
provision, by reference to the previously filed report; and
(k) A list, including
legal or other sufficient descriptions as prescribed by the commission, of all
real property in the state of Washington, the assessed valuation of which
exceeds five thousand dollars, in which a corporation, partnership, firm,
enterprise, or other entity had a direct financial interest, in which
corporation, partnership, firm, or enterprise a ten percent or greater
ownership interest was held; and
(l) A list of each
occasion, specifying date, donor, and amount, at which food and beverage in
excess of fifty dollars was accepted under RCW 42.52.150(5);
(m) A list of each
occasion, specifying date, donor, and amount, at which items specified in RCW
42.52.010(9) (d) and (f) were accepted;
(n) Such other
information as the commission may deem necessary in order to properly carry out
the purposes and policies of this chapter, as the commission shall prescribe by
rule.
(2) Where an amount is
required to be reported under subsection (1)((, paragraphs)) (a) through
(((k))) (m) of this section, it shall be sufficient to comply
with the requirement to report whether the amount is less than one thousand
dollars, at least one thousand dollars but less than five thousand dollars, at
least five thousand dollars but less than ten thousand dollars, at least ten
thousand dollars but less than twenty-five thousand dollars, or twenty-five
thousand dollars or more. An amount of stock may be reported by number of
shares instead of by market value. No provision of this subsection may be
interpreted to prevent any person from filing more information or more detailed
information than required.
(3) Items of value
given to an official's or employee's spouse or family member are attributable
to the official or employee, except the item is not attributable if an
independent business, family, or social relationship exists between the donor
and the spouse or family member.
Sec. 10. RCW 42.17.2401 and 1993
sp.s. c 2 s 18, 1993 c 492 s 488, and 1993 c 281 s 43 are each reenacted and
amended to read as follows:
For the purposes of RCW
42.17.240, the term "executive state officer" includes:
(1) The chief
administrative law judge, the director of agriculture, the administrator of the
office of marine safety, the administrator of the Washington basic health plan,
the director of the department of services for the blind, the director of the
state system of community and technical colleges, the director of community,
trade, and economic development, the secretary of corrections, the director
of ecology, the commissioner of employment security, the chairman of the energy
facility site evaluation council, the director of the energy office, the
secretary of the state finance committee, the director of financial management,
the director of fish and wildlife, the executive secretary of the forest
practices appeals board, the director of the gambling commission, the director
of general administration, the secretary of health, the administrator of the
Washington state health care authority, the executive secretary of the health
care facilities authority, the executive secretary of the higher education
facilities authority, the executive secretary of the horse racing commission,
the executive secretary of the human rights commission, the executive secretary
of the indeterminate sentence review board, the director of the department of
information services, the director of the interagency committee for outdoor
recreation, the executive director of the state investment board, the director
of labor and industries, the director of licensing, the director of the lottery
commission, the director of the office of minority and women's business
enterprises, the director of parks and recreation, the director of personnel,
the executive director of the public disclosure commission, the director of
retirement systems, the director of revenue, the secretary of social and health
services, the chief of the Washington state patrol, the executive secretary of
the board of tax appeals, ((the director of trade and economic development,))
the secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the president of
each of the regional and state universities and the president of The Evergreen
State College, each district and each campus president of each state community
college;
(2) Each professional
staff member of the office of the governor;
(3) Each professional
staff member of the legislature; and
(4) Central Washington
University board of trustees, board of trustees of each community college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, committee for deferred
compensation, Eastern Washington University board of trustees, Washington
economic development finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals board, forest
practices board, gambling commission, Washington health care facilities
authority, each member of the Washington health services commission, higher
education coordinating board, higher education facilities authority, horse
racing commission, state housing finance commission, human rights commission,
indeterminate sentence review board, board of industrial insurance appeals,
information services board, interagency committee for outdoor recreation, state
investment board, commission on judicial conduct, legislative ethics board,
liquor control board, lottery commission, marine oversight board, ((oil and
gas conservation committee,)) Pacific Northwest electric power and
conservation planning council, parks and recreation commission, personnel
appeals board, board of pilotage commissioners, pollution control hearings
board, public disclosure commission, public pension commission, shorelines
hearing board, public employees' benefits board, board of tax appeals,
transportation commission, University of Washington board of regents, utilities
and transportation commission, Washington state maritime commission, Washington
personnel resources board, Washington public power supply system executive
board, Washington State University board of regents, Western Washington
University board of trustees, and fish and wildlife commission.
Sec. 11. RCW 42.17.260 and 1992 c
139 s 3 are each amended to read as follows:
(1) Each agency, in
accordance with published rules, shall make available for public inspection and
copying all public records, unless the record falls within the specific
exemptions of subsection (6) of this section, RCW 42.17.310, 42.17.315, or
other statute which exempts or prohibits disclosure of specific information or
records. To the extent required to prevent an unreasonable invasion of
personal privacy interests protected by RCW 42.17.310 and 42.17.315, an agency
shall delete identifying details in a manner consistent with RCW 42.17.310 and
42.17.315 when it makes available or publishes any public record; however, in
each case, the justification for the deletion shall be explained fully in
writing.
(2) For informational
purposes, each agency shall publish and maintain a current list containing
every law, other than those listed in this chapter, that the agency believes
exempts or prohibits disclosure of specific information or records of the
agency. An agency's failure to list an exemption shall not affect the efficacy
of any exemption.
(3) Each local agency
shall maintain and make available for public inspection and copying a current
index providing identifying information as to the following records issued,
adopted, or promulgated after January 1, 1973:
(a) Final opinions,
including concurring and dissenting opinions, as well as orders, made in the
adjudication of cases;
(b) Those statements of
policy and interpretations of policy, statute, and the Constitution which have
been adopted by the agency;
(c) Administrative staff
manuals and instructions to staff that affect a member of the public;
(d) Planning policies
and goals, and interim and final planning decisions;
(e) Factual staff
reports and studies, factual consultant's reports and studies, scientific
reports and studies, and any other factual information derived from tests,
studies, reports, or surveys, whether conducted by public employees or others;
and
(f) Correspondence, and
materials referred to therein, by and with the agency relating to any
regulatory, supervisory, or enforcement responsibilities of the agency, whereby
the agency determines, or opines upon, or is asked to determine or opine upon,
the rights of the state, the public, a subdivision of state government, or of
any private party.
(4) A local agency need
not maintain such an index, if to do so would be unduly burdensome, but it
shall in that event:
(a) Issue and publish a
formal order specifying the reasons why and the extent to which compliance
would unduly burden or interfere with agency operations; and
(b) Make available for
public inspection and copying all indexes maintained for agency use.
(5) Each state agency
shall, by rule, establish and implement a system of indexing for the
identification and location of the following records:
(a) All records issued
before July 1, 1990, for which the agency has maintained an index;
(b) Final orders
entered after June 30, 1990, that are issued in adjudicative proceedings as
defined in RCW 34.05.010(1) and that contain an analysis or decision of substantial
importance to the agency in carrying out its duties;
(c) Declaratory orders
entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that
contain an analysis or decision of substantial importance to the agency in
carrying out its duties;
(d) Interpretive
statements as defined in RCW 34.05.010(8) that were entered after June 30,
1990; and
(e) Policy statements
as defined in RCW 34.05.010(14) that were entered after June 30, 1990.
Rules establishing systems
of indexing shall include, but not be limited to, requirements for the form and
content of the index, its location and availability to the public, and the
schedule for revising or updating the index. State agencies that have
maintained indexes for records issued before July 1, 1990, shall continue to
make such indexes available for public inspection and copying. Information in
such indexes may be incorporated into indexes prepared pursuant to this
subsection. State agencies may satisfy the requirements of this subsection by
making available to the public indexes prepared by other parties but actually
used by the agency in its operations. State agencies shall make indexes
available for public inspection and copying. State agencies may charge a fee
to cover the actual costs of providing individual mailed copies of indexes.
(6) A public record may
be relied on, used, or cited as precedent by an agency against a party other
than an agency and it may be invoked by the agency for any other purpose only
ifC
(a) It has been indexed
in an index available to the public; or
(b) Parties affected
have timely notice (actual or constructive) of the terms thereof.
(7) This chapter shall
not be construed as giving authority to any agency, the office of the
secretary of the senate, or the office of the chief clerk of the house of
representatives to give, sell or provide access to lists of individuals
requested for commercial purposes, and agencies, the office of the secretary
of the senate, and the office of the chief clerk of the house of
representatives shall not do so unless specifically authorized or directed
by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses
and of professional licensees shall be made available to those professional
associations or educational organizations recognized by their professional
licensing or examination board, upon payment of a reasonable charge therefor:
PROVIDED FURTHER, That such recognition may be refused only for a good cause
pursuant to a hearing under the provisions of chapter 34.05 RCW, the
Administrative Procedure Act.
Sec. 12. RCW 42.17.280 and 1973 c
1 s 28 are each amended to read as follows:
Public records shall be
available for inspection and copying during the customary office hours of the
agency, the office of the secretary of the senate, and the office of the
chief clerk of the house of representatives: PROVIDED, That if the ((agency))
entity does not have customary office hours of at least thirty hours per
week, the public records shall be available from nine o'clock a.m. to noon and
from one o'clock p.m. to four o'clock p.m. Monday through Friday, excluding
legal holidays, unless the person making the request and the agency, the
office of the secretary of the senate, or the office of the chief clerk of the
house of representatives or its representative agree on a different time.
Sec. 13. RCW 42.17.290 and 1992 c
139 s 4 are each amended to read as follows:
Agencies shall adopt
and enforce reasonable rules and regulations, and the office of the
secretary of the senate and the office of the chief clerk of the house of
representatives shall adopt reasonable procedures allowing for the time,
resource, and personnel constraints associated with legislative sessions,
consonant with the intent of this chapter to provide full public access to
public records, to protect public records from damage or disorganization, and
to prevent excessive interference with other essential functions of the agency,
the office of the secretary of the senate, or the office of the chief clerk of
the house of representatives. Such rules and regulations shall provide for
the fullest assistance to inquirers and the most timely possible action on
requests for information. Nothing in this section shall relieve agencies,
the office of the secretary of the senate, and the office of the chief clerk of
the house of representatives from honoring requests received by mail for
copies of identifiable public records.
If a public record
request is made at a time when such record exists but is scheduled for
destruction in the near future, the agency, the office of the secretary of
the senate, or the office of the chief clerk of the house of representatives
shall retain possession of the record, and may not destroy or erase the record
until the request is resolved.
Sec. 14. RCW 42.17.300 and 1973 c
1 s 30 are each amended to read as follows:
No fee shall be charged
for the inspection of public records. ((Agencies may impose)) A
reasonable charge may be imposed for providing copies of public records
and for the use by any person of agency equipment or equipment of the office
of the secretary of the senate or the office of the chief clerk of the house of
representatives to copy public records, which charges shall not exceed the
amount necessary to reimburse the agency, the office of the secretary of the
senate, or the office of the chief clerk of the house of representatives
for its actual costs incident to such copying.
Sec. 15. RCW 42.17.320 and 1992 c
139 s 6 are each amended to read as follows:
Responses to requests
for public records shall be made promptly by agencies, the office of the
secretary of the senate, and the office of the chief clerk of the house of
representatives. Within five business days of receiving a public record
request, an agency, the office of the secretary of the senate, or the office
of the chief clerk of the house of representatives must respond by either
(1) providing the record; (2) acknowledging that the agency, the office of
the secretary of the senate, or the office of the chief clerk of the house of
representatives has received the request and providing a reasonable
estimate of the time the agency, the office of the secretary of the senate,
or the office of the chief clerk of the house of representatives will
require to respond to the request; or (3) denying the public record request.
Additional time required to respond to a request may be based upon the need to
clarify the intent of the request, to locate and assemble the information
requested, to notify third persons or agencies affected by the request, or to
determine whether any of the information requested is exempt and that a denial
should be made as to all or part of the request. In acknowledging receipt of a
public record request that is unclear, an agency, the office of the
secretary of the senate, or the office of the chief clerk of the house of
representatives may ask the requestor to clarify what information the
requestor is seeking. If the requestor fails to clarify the request, the
agency, the office of the secretary of the senate, or the office of the
chief clerk of the house of representatives need not respond to it.
Denials of requests must be accompanied by a written statement of the specific
reasons therefor. Agencies, the office of the secretary of the senate, and
the office of the chief clerk of the house of representatives shall
establish mechanisms for the most prompt possible review of decisions denying
inspection, and such review shall be deemed completed at the end of the second
business day following the denial of inspection and shall constitute final
agency action or final action by the office of the secretary of the senate
or the office of the chief clerk of the house of representatives for the
purposes of judicial review.
NEW SECTION. Sec.
16. A new section is added
to chapter 42.17 RCW, to be codified after RCW 42.17.340, to read as follows:
The procedures in RCW
42.17.340 govern denials of an opportunity to inspect or copy a public record
by the office of the secretary of the senate or the office of the chief clerk
of the house of representatives.
Sec. 17. RCW 42.17.370 and 1994 c
40 s 3 are each amended to read as follows:
The commission is
empowered to:
(1) Adopt, promulgate,
amend, and rescind suitable administrative rules to carry out the policies and
purposes of this chapter, which rules shall be adopted under chapter 34.05 RCW.
Any rule relating to campaign finance, political advertising, or related forms
that would otherwise take effect after June 30th of a general election year
shall take effect no earlier than the day following the general election in that
year;
(2) Appoint and set,
within the limits established by the committee on agency officials' salaries
under RCW 43.03.028, the compensation of an executive director who shall
perform such duties and have such powers as the commission may prescribe and
delegate to implement and enforce this chapter efficiently and effectively.
The commission shall not delegate its authority to adopt, amend, or rescind
rules nor shall it delegate authority to determine whether an actual violation
of this chapter has occurred or to assess penalties for such violations;
(3) Prepare and publish
such reports and technical studies as in its judgment will tend to promote the
purposes of this chapter, including reports and statistics concerning campaign
financing, lobbying, financial interests of elected officials, and enforcement
of this chapter;
(4) Make from time to
time, on its own motion, audits and field investigations;
(5) Make public the
time and date of any formal hearing set to determine whether a violation has occurred,
the question or questions to be considered, and the results thereof;
(6) 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
authorized under this chapter, or any other proceeding under this chapter;
(7) Adopt and
promulgate a code of fair campaign practices;
(8) Relieve, by rule,
candidates or political committees of obligations to comply with the provisions
of this chapter relating to election campaigns, if they have not received
contributions nor made expenditures in connection with any election campaign of
more than one thousand dollars;
(9) Adopt rules prescribing
reasonable requirements for keeping accounts of and reporting on a quarterly
basis costs incurred by state agencies, counties, cities, and other
municipalities and political subdivisions in preparing, publishing, and
distributing legislative information. The term "legislative
information," for the purposes of this subsection, means books, pamphlets,
reports, and other materials prepared, published, or distributed at substantial
cost, a substantial purpose of which is to influence the passage or defeat of
any legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules, accounts, and
reports and make appropriate findings, comments, and recommendations in his or
her examination reports concerning those agencies;
(10) After hearing, by
order approved and ratified by a majority of the membership of the commission,
suspend or modify any of the reporting requirements of this chapter in a
particular case if it finds that literal application of this chapter works a
manifestly unreasonable hardship and if it also finds that the suspension or
modification will not frustrate the purposes of the chapter. The commission
shall find that a manifestly unreasonable hardship exists if reporting the name
of an entity required to be reported under RCW 42.17.241(1)(g)(ii) would be
likely to adversely affect the competitive position of any entity in which the
person filing the report or any member of his or her immediate family
holds any office, directorship, general partnership interest, or an ownership
interest of ten percent or more. Any suspension or modification shall be only
to the extent necessary to substantially relieve the hardship. The commission
shall act to suspend or modify any reporting requirements only if it determines
that facts exist that are clear and convincing proof of the findings required
under this section. Requests for renewals of reporting modifications may be
heard in a brief adjudicative proceeding as set forth in RCW 34.05.482 through
34.05.494 and in accordance with the standards established in this section. No
initial request may be heard in a brief adjudicative proceeding and no request
for renewal may be heard in a brief adjudicative proceeding if the initial
request was granted more than three years previously or if the applicant is
holding an office or position of employment different from the office or
position held when the initial request was granted. The commission shall adopt
administrative rules governing the proceedings. Any citizen has standing
to bring an action in Thurston county superior court to contest the propriety
of any order entered under this section within one year from the date of the
entry of the order; and
(11) Revise, at least
once every five years but no more often than every two years, the monetary
reporting thresholds and reporting code values of this chapter. The revisions
shall be only for the purpose of recognizing economic changes as reflected by
an inflationary index recommended by the office of financial management. The
revisions shall be guided by the change in the index for the period commencing
with the month of December preceding the last revision and concluding with the
month of December preceding the month the revision is adopted. As to each of
the three general categories of this chapter (reports of campaign finance,
reports of lobbyist activity, and reports of the financial affairs of elected
and appointed officials), the revisions shall equally affect all thresholds
within each category. Revisions shall be adopted as rules under chapter 34.05
RCW. The first revision authorized by this subsection shall reflect economic
changes from the time of the last legislative enactment affecting the
respective code or threshold through December 1985;
(12) Develop and
provide to filers a system for certification of reports required under this
chapter which are transmitted by facsimile or electronically to the
commission. Implementation of the program is contingent on the availability of
funds.
Sec. 18. RCW 42.17.420 and 1983 c
176 s 2 are each amended to read as follows:
(1) Except as
provided in subsection (2) of this section, when any application, report,
statement, notice, or payment required to be made under the provisions of this
chapter has been deposited postpaid in the United States mail properly
addressed, it shall be deemed to have been received on the date of mailing. It
shall be presumed that the date shown by the post office cancellation mark on the
envelope is the date of mailing. The provisions of this section do not apply
to reports required to be delivered under RCW 42.17.105 and 42.17.175.
(2) When a report is
filed electronically with the commission, it is deemed to have been received on
the file transfer date. Electronic filing may be used for purposes of filing
the special reports required to be delivered under RCW 42.17.105 and 42.17.175.
Sec. 19. RCW 42.17.510 and 1993 c
2 s 22 are each amended to read as follows:
(1) All written
political advertising, whether relating to candidates or ballot propositions,
shall include the sponsor's name and address. All radio and television
political advertising, whether relating to candidates or ballot propositions,
shall include the sponsor's name. The use of an assumed name shall be
unlawful. The party with which a candidate files shall be clearly identified
in political advertising for partisan office.
(2) In addition to the
materials required by subsection (1) of this section, all political advertising
undertaken as an independent expenditure by a person or entity other than a
party organization must include the following statement on the communication
"NOTICE TO VOTERS (Required by law): This advertisement is not authorized
or approved by any candidate. It is paid for by (name, address, city,
state)." If the advertisement undertaken as an independent expenditure
is undertaken by a nonindividual other than a party organization, then
the following notation must also be included: "Top Five
Contributors," followed by a listing of the names of the five persons or
entities making the largest contributions reportable under this chapter during
the twelve-month period before the date of the advertisement.
(3) The statements and
listings of contributors required by subsections (1) and (2) of this section
shall:
(a) Appear on ((each))
the first page or fold of the written communication in at least
ten-point type, or in type at least ten percent of the largest size type used
in a written communication directed at more than one voter, such as a billboard
or poster, whichever is larger;
(b) Not be subject to
the half-tone or screening process;
(c) Be ((in a
printed or drawn box)) set apart from any other printed matter; and
(d) Be clearly spoken
on any broadcast advertisement.
(4) Political yard
signs are exempt from the requirement of subsections (1) and (2) of this
section that the name and address of the sponsor of political advertising be
listed on the advertising. In addition, the public disclosure commission
shall, by rule, exempt from the identification requirements of subsections (1)
and (2) of this section forms of political advertising such as campaign
buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of
advertising where identification is impractical.
(5) For the purposes of
this section, "yard sign" means any outdoor sign with dimensions no
greater than eight feet by four feet.
Sec. 20. RCW 42.17.640 and 1993 c
2 s 4 are each amended to read as follows:
(1) No person, other
than a bona fide political party or a caucus ((of the state legislature))
political committee, may make contributions to a candidate for a state
legislative office that in the aggregate exceed five hundred dollars or to a
candidate for a state office other than a state legislative office that in the
aggregate exceed one thousand dollars for each election in which the candidate
is on the ballot or appears as a write-in candidate. Contributions made with
respect to a primary may not be made after the date of the primary.
Contributions made with respect to a general election may not be made after the
final day of the applicable election cycle.
(2) No person, other
than a bona fide political party or a caucus ((of the state legislature))
political committee, may make contributions to a state official against
whom recall charges have been filed, or to a political committee having the
expectation of making expenditures in support of the recall of the state
official, during a recall campaign that in the aggregate exceed five hundred
dollars if for a state legislative office or one thousand dollars if for a
state office other than a state legislative office.
(3)(a) Notwithstanding
subsection (1) of this section, no bona fide political party or caucus ((of
the state legislature)) political committee may make contributions
to a candidate during an election cycle that in the aggregate exceed (i) fifty
cents multiplied by the number of eligible registered voters in the
jurisdiction from which the candidate is elected if the contributor is a caucus
((of the state legislature)) political committee or the governing
body of a state organization, or (ii) twenty-five cents multiplied by the number
of registered voters in the jurisdiction from which the candidate is elected if
the contributor is a county central committee or a legislative district
committee.
(b) No candidate may
accept contributions from a county central committee or a legislative district
committee during an election cycle that when combined with contributions from
other county central committees or legislative district committees would in the
aggregate exceed twenty-five cents times the number of registered voters in the
jurisdiction from which the candidate is elected.
(4)(a) Notwithstanding
subsection (2) of this section, no bona fide political party or caucus ((of
the state legislature)) political committee may make contributions
to a state official against whom recall charges have been filed, or to a
political committee having the expectation of making expenditures in support of
the state official, during a recall campaign that in the aggregate exceed (i)
fifty cents multiplied by the number of eligible registered voters in the
jurisdiction entitled to recall the state official if the contributor is a
caucus ((of the state legislature of [or])) political committee or
the governing body of a state organization, or (ii) twenty-five cents
multiplied by the number of registered voters in the jurisdiction from which
the candidate is elected if the contributor is a county central committee or a
legislative district committee.
(b) No state official
against whom recall charges have been filed, no authorized committee of the
official, and no political committee having the expectation of making
expenditures in support of the recall of a state official may accept
contributions from a county central committee or a legislative district
committee during an election cycle that when combined with contributions from
other county central committees or legislative district committees would in the
aggregate exceed twenty-five cents multiplied by the number of registered
voters in the jurisdiction from which the candidate is elected.
(5) For purposes of
determining contribution limits under subsections (3) and (4) of this section,
the number of eligible registered voters in a jurisdiction is the number at the
time of the most recent general election in the jurisdiction.
(6)
Notwithstanding subsections (1) through (4) of this section, no person other
than an individual, bona fide political party, or caucus ((of the state
legislature)) political committee may make contributions reportable
under this chapter to a caucus ((of the state legislature)) political
committee that in the aggregate exceed five hundred dollars in a calendar
year or to a bona fide political party that in the aggregate exceed two
thousand five hundred dollars in a calendar year. This subsection does not
apply to loans made in the ordinary course of business.
(((6))) (7)
For the purposes of RCW 42.17.640 through 42.17.790, a contribution to the
authorized political committee of a candidate, or of a state official against
whom recall charges have been filed, is considered to be a contribution to the
candidate or state official.
(((7))) (8)
A contribution received within the twelve-month period after a recall election
concerning a state office is considered to be a contribution during that recall
campaign if the contribution is used to pay a debt or obligation incurred to
influence the outcome of that recall campaign.
(((8))) (9)
The contributions allowed by subsection (2) of this section are in addition to
those allowed by subsection (1) of this section, and the contributions allowed
by subsection (4) of this section are in addition to those allowed by
subsection (3) of this section.
(((9))) (10)
RCW 42.17.640 through 42.17.790 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 that apply to
the candidate or to contributions made to the candidate for any other primary
or election.
(((10))) (11)
Notwithstanding the other subsections of this section, no corporation or
business entity not doing business in Washington state, no labor union with
fewer than ten members who reside in Washington state, and no political committee
that has not received contributions of ten dollars or more from at least ten
persons registered to vote in Washington state during the preceding one hundred
eighty days may make contributions reportable under this chapter to a
candidate, to a state official against whom recall charges have been filed, or
to a political committee having the expectation of making expenditures in
support of the recall of the official. This subsection does not apply to loans
made in the ordinary course of business.
(((11))) (12)
Notwithstanding the other subsections of this section, no county central
committee or legislative district committee may make contributions reportable
under this chapter to a candidate, state official against whom recall charges
have been filed, or political committee having the expectation of making
expenditures in support of the recall of a state official if the county central
committee or legislative district committee is outside of the jurisdiction
entitled to elect the candidate or recall the state official.
(((12))) (13)
No person may accept contributions that exceed the contribution limitations
provided in this section.
(14) The following
contributions are exempt from the contribution limits of this section:
(a) An expenditure
or contribution earmarked for voter registration, for absentee ballot
information, for precinct caucuses, for get-out-the-vote campaigns, for
precinct judges or inspectors, for sample ballots, or for ballot counting, all
without promotion of or political advertising for individual candidates; or
(b) An expenditure
by a political committee for its own internal organization or fund raising
without direct association with individual candidates.
Sec. 21. RCW 42.17.680 and 1993 c
2 s 8 are each amended to read as follows:
(1) No employer or
labor organization may increase the salary of an officer or employee, or give
an emolument to an officer, employee, or other person or entity, with the
intention that the increase in salary, or the emolument, or a part of it, be
contributed or spent to support or oppose a candidate, state official against
whom recall charges have been filed, political party, or political committee.
(2) No employer or
labor organization may discriminate against an officer or employee in the terms
or conditions of employment for (((a))) the failure to contribute to((,
(b))) or the failure in any way to support or oppose((, or (c) in
any way supporting or opposing)) a candidate, ballot proposition, political
party, or political committee.
(3) No employer or
other person or entity responsible for the disbursement of funds in payment of
wages or salaries may withhold or divert a portion of an employee's wages or
salaries for contributions to political committees or for use as political
contributions except upon the written request of the employee. The request
must be made on a form prescribed by the commission informing the employee of
the prohibition against employer and labor organization discrimination
described in subsection (2) of this section. The request is valid for no more
than twelve months from the date it is made by the employee.
(4) Each person or
entity who withholds contributions under subsection (3) of this section shall
maintain open for public inspection for a period of no less than three years,
during normal business hours, documents and books of accounts that shall
include a copy of each employee's request, the amounts and dates funds were
actually withheld, and the amounts and dates funds were transferred to a
political committee. Copies of such information shall be delivered to the
commission upon request.
Sec. 22. RCW 42.17.720 and 1993 c
2 s 12 are each amended to read as follows:
(1) A loan is considered
to be a contribution from the ((maker)) lender and ((the))
any guarantor of the loan and is subject to the contribution limitations
of this chapter. The full amount of the loan shall be attributed to the
lender and to each guarantor.
(2) A loan to a
candidate for public office or the candidate's political
committee must be by written agreement.
(3) The proceeds of a
loan made to a candidate for public office:
(a) By a commercial
lending institution;
(b) Made in the regular
course of business; and
(c) On the same terms
ordinarily available to members of the public((; and
(d) That is secured
or guaranteed)),
are not subject to the
contribution limits of this chapter.
Sec. 23. RCW 42.17.740 and 1993 c
2 s 14 are each amended to read as follows:
TECHNICAL CORRECTIONS.
(1) ((An individual)) A person may not make a contribution of
more than fifty dollars, other than an in-kind contribution, except by a
written instrument containing the name of the donor and the name of the payee.
(2) A political
committee may not make a contribution, other than in-kind, except by a written
instrument containing the name of the donor and the name of the payee.
Sec. 24. RCW 42.17.750 and 1993 c
2 s 15 are each amended to read as follows:
(1) No state or
local official or state or local official's agent may knowingly
solicit, directly or indirectly, a contribution to a candidate for public
office, political party, or political committee from an employee in the
state or local official's agency.
(2) No state or
local official or ((state)) public employee may provide an
advantage or disadvantage to an employee or applicant for employment in the
classified civil service concerning the applicant's or employee's:
(a) Employment;
(b) Conditions of
employment; or
(c) Application for
employment,
based on the employee's or
applicant's contribution or promise to contribute or failure to make a
contribution or contribute to a political party or political committee.
Sec. 25. RCW 42.17.770 and 1993 c
2 s 17 are each amended to read as follows:
A person ((or entity))
may not solicit from a candidate for public office, political
committee, political party, or other person ((or entity)) money or other
property as a condition or consideration for an endorsement, article, or other communication
in the news media promoting or opposing a candidate for public office, political
committee, or political party.
Sec. 26. RCW 42.17.780 and 1993 c
2 s 18 are each amended to read as follows:
A person ((or entity))
may not, directly or indirectly, reimburse another person ((or entity))
for a contribution to a candidate for public office, political
committee, or political party.
Sec. 27. RCW 42.17.790 and 1993 c
2 s 19 are each amended to read as follows:
(1) Except as provided
in subsection (2) of this section, a candidate for public office or the
candidate's political committee may not use or permit the use of
contributions, whether or not surplus, solicited for or received by the
candidate for public office or the candidate's political committee to
further the candidacy of the individual for an office other than the office
designated on the statement of organization. A contribution solicited for or
received on behalf of the candidate for public office is considered
solicited or received for the candidacy for which the individual is then a
candidate if the contribution is solicited or received before the general
elections for which the candidate for public office is a nominee or is
unopposed.
(2) With the written
approval of the contributor, a candidate for public office or the
candidate's political committee may use or permit the use of contributions,
whether or not surplus, solicited for or received by the candidate for
public office or the candidate's political committee from that contributor
to further the candidacy of the individual for an office other than the office
designated on the statement of organization. If the contributor does not
approve the use of his or her contribution to further the candidacy of the
individual for an office other than the office designated on the statement of
organization at the time of the contribution, the contribution must be
considered surplus funds and disposed of in accordance with RCW 42.17.095.
Sec. 28. RCW 42.17.100 and 1989 c
280 s 10 are each amended to read as follows:
INTERNAL POLITICAL
COMMUNICATIONS‑-INDEPENDENT EXPENDITURE. (1) For the purposes of this
section and RCW 42.17.550 the term "independent ((campaign))
expenditure" means any expenditure that is made in support of or in
opposition to any candidate or ballot proposition and is not otherwise required
to be reported pursuant to RCW 42.17.060, 42.17.080, or 42.17.090. "Independent
expenditure" does not include: An internal political communication
primarily limited to the contributors to a political party organization or
political action committee, or the officers, management staff, and stockholders
of a corporation or similar enterprise, or the members of a labor organization
or other membership organization; or the rendering of personal services of the
sort commonly performed by volunteer campaign workers, or incidental expenses
personally incurred by volunteer campaign workers not in excess of fifty
dollars personally paid for by the worker. "Volunteer services," for
the purposes of this section, means services or labor for which the individual
is not compensated by any person.
(2) Within five days
after the date of making an independent ((campaign)) expenditure that by
itself or when added to all other such independent ((campaign))
expenditures made during the same election campaign by the same person equals
one hundred dollars or more, or within five days after the date of making an
independent ((campaign)) expenditure for which no reasonable estimate of
monetary value is practicable, whichever occurs first, the person who made the
independent ((campaign)) expenditure shall file with the commission and
the county elections officer of the county of residence for the candidate
supported or opposed by the independent ((campaign)) expenditure (or in
the case of an expenditure made in support of or in opposition to a local
ballot proposition, the county of residence for the person making the
expenditure) an initial report of all independent ((campaign))
expenditures made during the campaign prior to and including such date.
(3) At the following
intervals each person who is required to file an initial report pursuant to
subsection (2) of this section shall file with the commission and the county
elections officer of the county of residence for the candidate supported or
opposed by the independent ((campaign)) expenditure (or in the case of
an expenditure made in support of or in opposition to a ballot proposition, the
county of residence for the person making the expenditure) a further report of
the independent ((campaign)) expenditures made since the date of the
last report:
(a) On the twenty-first
day and the seventh day preceding the date on which the election is held; and
(b) On the tenth day of
the first month after the election; and
(c) On the tenth day of
each month in which no other reports are required to be filed pursuant to this
section. However, the further reports required by this subsection (3) shall
only be filed if the reporting person has made an independent ((campaign))
expenditure since the date of the last previous report filed.
The report filed
pursuant to paragraph (a) of this subsection (3) shall be the final report, and
upon submitting such final report the duties of the reporting person shall
cease, and there shall be no obligation to make any further reports.
(4) All reports filed
pursuant to this section shall be certified as correct by the reporting person.
(5) Each report
required by subsections (2) and (3) of this section shall disclose for the
period beginning at the end of the period for the last previous report filed
or, in the case of an initial report, beginning at the time of the first
independent ((campaign)) expenditure, and ending not more than one
business day before the date the report is due:
(a) The name and
address of the person filing the report;
(b) The name and
address of each person to whom an independent ((campaign)) expenditure
was made in the aggregate amount of more than fifty dollars, and the amount,
date, and purpose of each such expenditure. If no reasonable estimate of the
monetary value of a particular independent ((campaign)) expenditure is
practicable, it is sufficient to report instead a precise description of
services, property, or rights furnished through the expenditure and where
appropriate to attach a copy of the item produced or distributed by the
expenditure;
(c) The total sum of
all independent ((campaign)) expenditures made during the campaign to
date; and
(d) Such other
information as shall be required by the commission by rule in conformance with
the policies and purposes of this chapter.
Sec. 29. RCW 42.17.125 and 1993 c
2 s 21 are each amended to read as follows:
TECHNICAL CORRECTIONS.
Contributions received and reported in accordance with RCW 42.17.060 through
42.17.090 may only be transferred to the personal account of a candidate, or of
a treasurer or other individual or expended for such individual's personal use
under the following circumstances:
(1) Reimbursement for
or loans to cover lost earnings incurred as a result of campaigning or services
performed for the political committee. Such lost earnings shall be
verifiable as unpaid salary, or when the individual is not salaried, as an
amount not to exceed income received by the individual 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 individual
or the individual's political committee. The political committee shall
include a copy of such record when its expenditure for such reimbursement is
reported pursuant to RCW 42.17.090.
(2) Reimbursement for
direct out-of-pocket election campaign and postelection campaign related
expenses made by the individual. To receive reimbursement from the political
committee, the individual shall provide the political committee with
written documentation as to the amount, date, and description of each expense,
and the political committee shall include a copy of such information
when its expenditure for such reimbursement is reported pursuant to RCW
42.17.090.
(3) Repayment of loans
made by the individual to political committees, which repayment shall be
reported pursuant to RCW 42.17.090. However, contributions may not be used to
reimburse a candidate for loans totaling more than three thousand dollars made
by the candidate to the candidate's own ((authorized)) political
committee or campaign.
Sec. 30. RCW 42.52.180 and 1994 c
154 s 118 are each amended to read as follows:
(1) No state officer or
state employee may use or authorize the use of facilities of an agency,
directly or indirectly, for the purpose of assisting a campaign for election of
a person to an office or for the promotion of or opposition to a ballot proposition.
Knowing acquiescence by a person with authority to direct, control, or
influence the actions of the state officer or state employee using public
resources in violation of this section constitutes a violation of this
section. Facilities of an agency include, but are not limited to, use of
stationery, postage, machines, and equipment, use of state employees of the
agency during working hours, vehicles, office space, publications of the
agency, and clientele lists of persons served by the agency.
(2) This section shall
not apply to the following activities:
(a) Action taken at an
open public meeting by members of an elected legislative body to express a
collective decision, or to actually vote upon a motion, proposal, resolution,
order, or ordinance, or to support or oppose a ballot proposition as long as
(i) required notice of the meeting includes the title and number of the ballot
proposition, and (ii) members of the legislative body or members of the public
are afforded an approximately equal opportunity for the expression of an
opposing view;
(b) A statement by an
elected official in support of or in opposition to any ballot proposition at an
open press conference or in response to a specific inquiry. For the purposes
of this subsection, it is not a violation of this section for an elected
official to respond to an inquiry regarding a ballot proposition, to make
incidental remarks concerning a ballot proposition in an official
communication, or otherwise comment on a ballot proposition without an actual,
measurable expenditure of public funds. The ((public disclosure commission
shall, after consultation with the)) ethics boards((,)) shall
adopt by rule a definition of measurable expenditure;
(c) Activities that are
part of the normal and regular conduct of the office or agency; and
(d) De minimis use of
public facilities by state-wide elected officials and legislators incidental to
the preparation or delivery of permissible communications, including written
and verbal communications initiated by them of their views on ballot
propositions that foreseeably may affect a matter that falls within their
constitutional or statutory responsibilities.
(3) As to state
officers and employees, this section operates to the exclusion of RCW
42.17.130.
Sec. 31. RCW 42.17.095 and 1993 c
2 s 20 are each amended to read as follows:
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) Return the surplus
to a contributor in an amount not to exceed that contributor's original
contribution;
(2) 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) Transfer the
surplus without limit to a political party or to a caucus ((of the
state legislature)) political committee;
(4) Donate the surplus
to a charitable organization registered in accordance with chapter 19.09 RCW;
(5) Transmit the
surplus to the state treasurer for deposit in the general fund; or
(6) 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 the same office
last sought by the candidate 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.
(7) Hold the surplus
campaign funds in a separate account for nonreimbursed public office-related
expenses or as provided in this section, and report any such disposition in
accordance with RCW 42.17.090. The separate account required under this
subsection shall not be used for deposits of campaign funds that are not
surplus.
(8) No candidate
or authorized committee may transfer funds to any other candidate or other
political committee.
The disposal of
surplus funds under this section shall not be considered a contribution for
purposes of this chapter.
Sec. 32. 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. 33. 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 and each item specified in RCW 42.52.010(9) (d) and (f) 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) or 42.52.010(9)
(d) or (f), 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.
NEW SECTION. Sec.
34. The following acts or
parts of acts are each repealed:
(1) RCW 42.17.021 and 1993 c 2
s 30;
(2) RCW 42.17.630 and 1993 c 2
s 3;
(3) RCW 42.17.2415 and
1991 sp.s. c 18 s 3; and
(4) RCW 42.52.210 and
1959 c 320 s 5.
NEW SECTION. Sec.
35. Sections 1 through 32,
34, and 37 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1995.
NEW SECTION. Sec.
36. Section 33 of this act
takes effect September 1, 1995.
NEW SECTION. Sec.
37. Captions as used in this
act constitute no part of the law.
NEW SECTION. Sec.
38. 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.
