S‑0638.1      _____________________________________________

SENATE BILL 5188

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senator McCaslin

Read first time 01/15/2001.  Referred to Committee on State & Local Government.

_1      AN ACT Relating to surplus political funds; and amending RCW

_2  42.17.095.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 42.17.095 and 1995 c 397 s 31 are each amended to read

_5  as follows:

_6      The surplus funds of a candidate, or of a political committee

_7  supporting or opposing a candidate, may only be disposed of in any

_8  one or more of the following ways:

_9      (1) Return the surplus to a contributor in an amount not to

10  exceed that contributor's original contribution;

11      (2) Transfer the surplus to the candidate's personal account as

12  reimbursement for lost earnings incurred as a result of that

13  candidate's election campaign.  Such lost earnings shall be

14  verifiable as unpaid salary or, when the candidate is not

15  salaried, as an amount not to exceed income received by the

16  candidate for services rendered during an appropriate,

17  corresponding time period.  All lost earnings incurred shall be

18  documented and a record thereof shall be maintained by the

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_1  candidate or the candidate's political committee.  The committee

_2  shall include a copy of such record when its expenditure for such

_3  reimbursement is reported pursuant to RCW 42.17.090;

_4      (3) Transfer the surplus without limit to a political party or

_5  to a caucus political committee;

_6      (4) Donate the surplus to a public school, school district, or

_7  educational service district, or to a charitable organization

_8  registered in accordance with chapter 19.09 RCW;

_9      (5) Transmit the surplus to the state treasurer for deposit in

10  the general fund; ((or))

11      (6) Hold the surplus in the campaign depository or depositories

12  designated in accordance with RCW 42.17.050 for possible use in a

13  future election campaign for the same office last sought by the

14  candidate and report any such disposition in accordance with RCW

15  42.17.090:  PROVIDED, That if the candidate subsequently announces

16  or publicly files for office, information as appropriate is

17  reported to the commission in accordance with RCW 42.17.040

18  through 42.17.090.  If a subsequent office is not sought the surplus

19  held shall be disposed of in accordance with the requirements of

20  this section((.)); or

21      (7) Hold the surplus campaign funds in a separate account for

22  nonreimbursed public office-related expenses or as provided in

23  this section, and report any such disposition in accordance with

24  RCW 42.17.090.  The separate account required under this subsection

25  shall not be used for deposits of campaign funds that are not

26  surplus.

27      (((8))) No candidate or authorized committee may transfer funds

28  to any other candidate or other political committee.

29      The disposal of surplus funds under this section shall not be

30  considered a contribution for purposes of this chapter.

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