5931-S2.E AMH SG H2614.1

E2SSB 5931 - H COMM AMD NOT CONSIDERED 04/14/99

By Committee on State Government

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 42.17 RCW to read as follows:

    (1) It is the intent of the legislature to ensure that the commission provide the general public timely access to all contribution and expenditure reports submitted by candidates, continuing political committees, bona fide political parties, lobbyists, and lobbyists' employers.  The legislature finds that failure to comply with this chapter's requirements for full and timely disclosure threatens to undermine our electoral process.

    (2) Beginning January 1, 2001, the commission shall establish goals that all reports, copies of reports, or copies of the data or information included in reports, filed under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180, that are:

    (a) Submitted electronically via modem, satellite, or the Internet, shall be accessible in the commission's office and via the commission's web site within two business days of the commission's receipt of the report; and

    (b) Submitted in any format or via any method other than those listed in (a) of this subsection, shall be accessible in the commission's office and via the commission's web site within four business days of the actual physical receipt of the report and not the technical date of filing as provided under RCW 42.17.420.

NEW SECTION. Sec. 2.  A new section is added to chapter 42.17 RCW to read as follows:

    (1) The commission shall appoint an executive director who shall perform such duties and have such powers as the commission, consistent with this chapter, may prescribe and delegate to implement and enforce this chapter efficiently and effectively.  The commission shall set the compensation of the executive director within the limits established by the committee on agency officials' salaries under RCW 43.03.028.  The commission may not delegate its authority to adopt, amend, or rescind rules; nor may it delegate authority to determine whether an actual violation of this chapter has occurred or to assess penalties for such violations.  The commission shall prepare an annual performance review of the executive director.

    (2) The executive director shall appoint an assistant executive director for information services, who is responsible for maintaining and enhancing the collection of and public access to information through electronic means.

    (3) The executive director and the assistant executive director for information services are responsible for ensuring that the requirements regarding public disclosure set forth in section 1 of this act are met.

    Sec. 3.  RCW 42.17.370 and 1995 c 397 s 17 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))) (3) Make from time to time, on its own motion, audits and field investigations;

    (((5))) (4) 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))) (5) 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))) (6) Adopt and promulgate a code of fair campaign practices;

    (((8))) (7) 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))) (8) 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))) (9) 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))) (10) 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))) (11) 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.))

NEW SECTION. Sec. 4.  A new section is added to chapter 42.17 RCW to read as follows:

    By July 1st of each year, the commission shall calculate the following performance measures, provide a copy of the performance measures to the governor and appropriate legislative committees, and make the performance measures available to the public:

    (1) The average number of days that elapse between the commission's receipt of reports filed under RCW 42.17.040, 42.17.065, 42.17.080, and 42.17.100 and the time that the report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general public (a) in the commission's office, and (b) via the commission's web site;

    (2) The average number of days that elapse between the commission's receipt of reports filed under RCW 42.17.105 and the time that the report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general public (a) in the commission's office, and (b) via the commission's web site;

    (3) The average number of days that elapse between the commission's receipt of reports filed under RCW 42.17.150, 42.17.170, 42.17.175, and 42.17.180 and the time that the report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general public (a) in the commission's office, and (b) via the commission's web site;

    (4) The percentage of candidates, categorized as state-wide, state legislative, or local, that have used each of the following methods to file reports under RCW 42.17.080 or 42.17.105:  (a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or method;

    (5) The percentage of continuing political committees that have used each of the following methods to file reports under RCW 42.17.065 or 42.17.105:  (a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or method; and

    (6) The percentage of lobbyists and lobbyists' employers that have used each of the following methods to file reports under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180:  (a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or method.

NEW SECTION. Sec. 5.  A new section is added to chapter 42.17 RCW to read as follows:

    (1) The commission shall develop an information technology plan consistent with plans or portfolios required by chapter 43.105 RCW.

    (2) The plan must include, but not be limited to, the following:

    (a) A baseline assessment of the agency's information technology resources and capabilities that will serve as the benchmark for subsequent planning and performance measures;

    (b) A statement of the agency's mission, goals, and objectives for information technology, including goals and objectives for achieving electronic access to agency records, information, and services for at least the next five years;

    (c) An explanation of how the agency's mission, goals, and objectives for information technology support and conform to the state strategic information technology plan;

    (d) An implementation strategy to enhance electronic access to public records and information required to be filed with and disclosed by the commission.  This implementation strategy must be assembled to include:

    (i) Adequate public notice and opportunity for comment;

    (ii) Consideration of a variety of electronic technologies, including those that help to transcend geographic locations, standard business hours, economic conditions of users, and disabilities;

    (iii) Methods to educate agency employees, the public, and the news media in the effective use of agency technology;

    (iv) Ways to simplify and improve public access to information held by the commission through electronic means;

    (e) Projects and resources required to meet the objectives of the plan; and

    (f) If feasible, estimated schedules and funding required to implement identified projects.

NEW SECTION. Sec. 6.  A new section is added to chapter 42.17 RCW to read as follows:

    In preparing the information technology plan, the commission shall consult with affected state agencies, the department of information services, and stakeholders in the commission's work, including representatives of political committees, bona fide political parties, news media, and the general public.

NEW SECTION. Sec. 7.  A new section is added to chapter 42.17 RCW to read as follows:

    The commission shall submit the information technology plan to the senate and house fiscal committees, the governor, the senate's state and local government committee, the house's state government committee, and the department of information services by January 1, 2000.  It is the intent of the legislature that the commission thereafter comply with the requirements of chapter 43.105 RCW with respect to preparation and submission of biennial performance reports on the commission's information technology.

NEW SECTION. Sec. 8.  A new section is added to chapter 42.17 RCW to read as follows:

    The commission shall prepare and submit to the department of information services a biennial performance report in accordance with chapter 43.105 RCW.

    The report must include:

    (1) An evaluation of the agency's performance relating to information technology;

    (2) An assessment of progress made toward implementing the agency information technology plan;

    (3) An analysis of the commission's performance measures, set forth in section 4 of this act, that relate to the electronic filing of reports and timely public access to those reports via the commission's web site;

    (4) A comprehensive description of the methods by which citizens may interact with the agency in order to obtain information and services from the commission; and

    (5) An inventory of agency information services, equipment, and proprietary software.

    Sec. 9.  RCW 42.17.365 and 1993 c 2 s 29 are each amended to read as follows:

    The commission shall conduct a sufficient number of audits and field investigations so as to provide a statistically valid finding regarding the degree of compliance with the provisions of this chapter by all required filers.  Any documents, records, reports, computer files, papers, or materials provided to the commission for use in conducting audits and investigations must be returned to the candidate, campaign, or political committee from which they were received within two weeks of the commission's receipt.

    Sec. 10.  RCW 42.17.367 and 1994 c 40 s 2 are each amended to read as follows:

    By January 1, ((1995)) 2000, the ((public disclosure)) commission shall ((design a program for electronic access to public documents filed with the commission.  The program may include on-line access to the commission's magic and electronic bulletin board systems, providing information for the internet system, fax-request service, automated telephone service, electronic filing of reports, and other service delivery options.  Documents available in the program shall include, but are not limited to, public documents filed with the public disclosure commission, including, but not limited to, commission meeting schedules, financial affairs reports, contribution reports, expenditure reports, and gift reports.  Implementation of the program is contingent on the availability of funds)) operate a web site or contract for the operation of a web site that allows access to reports, copies of reports, or copies of data and information submitted in reports, filed with the commission under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180.  In addition, the commission shall attempt to make available via the web site other public records submitted to or generated by the commission that are required by this chapter to be available for public use or inspection.

    Sec. 11.  RCW 42.17.420 and 1995 c 397 s 18 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.  The commission shall notify the filer of receipt of the electronically filed report.  Such notification may be sent by mail, facsimile, or electronic mail.  If the notification of receipt of the electronically filed report is not received by the filer, the filer may offer his or her own proof of sending the report, and such proof shall be treated as if it were a receipt sent by the commission.  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.

NEW SECTION. Sec. 12.  A new section is added to chapter 42.17 RCW to read as follows:

    (1) By July 1, 1999, the commission shall offer every candidate, public official, political committee, and party organization that is required to file reports under this chapter the option of filing financial affairs reports, contribution reports, and expenditure reports electronically by diskette or via modem, satellite, or the Internet.

    (2) By January 1, 2001, the commission shall offer all lobbyists and lobbyists' employers required to file reports under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180 the option of filing these reports electronically by diskette or via modem, satellite, or the Internet.

    (3) The commission shall make available to each candidate, public official, political committee, lobbyist, lobbyist employer, and party organization an electronic copy of the appropriate reporting forms at no charge.

NEW SECTION. Sec. 13.  A new section is added to chapter 42.17 RCW to read as follows:

    Beginning January 1, 2000, each continuing political committee shall file all contribution reports and expenditure reports required by this chapter electronically by diskette or via modem, satellite, or the Internet.  Failure by a continuing political committee to comply with this section is a violation of this chapter."

    Correct the title.

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