S‑0370.1   _____________________________________________

 

SENATE BILL 5193

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Morton, Rasmussen, Winsley, Franklin, Roach and McCaslin

 

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

_1      AN ACT Relating to the application of public records laws to

_2  state legislative offices; and amending RCW 42.17.020.

     

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

     

_4      Sec. 1.  RCW 42.17.020 and 1995 c 397 s 1 are each amended to read

_5  as follows:

_6      (1) "Agency" includes all state agencies and all local

_7  agencies.  "State agency" includes every state office, department,

_8  division, bureau, board, commission, or other state agency. "Local

_9  agency" includes every county, city, town, municipal corporation,

10  quasi-municipal corporation, or special purpose district, or any

11  office, department, division, bureau, board, commission, or agency

12  thereof, or other local public agency.

13      (2) "Authorized committee" means the political committee

14  authorized by a candidate, or by the public official against whom

15  recall charges have been filed, to accept contributions or make

16  expenditures on behalf of the candidate or public official.

17      (3) "Ballot proposition" means any "measure" as defined by RCW

18  29.01.110, or any initiative, recall, or referendum proposition

19  proposed to be submitted to the voters of the state or any

                               p. 1                       SB 5193

_1  municipal corporation, political subdivision, or other voting

_2  constituency from and after the time when the proposition has been

_3  initially filed with the appropriate election officer of that

_4  constituency prior to its circulation for signatures.

_5      (4) "Benefit" means a commercial, proprietary, financial,

_6  economic, or monetary advantage, or the avoidance of a commercial,

_7  proprietary, financial, economic, or monetary disadvantage.

_8      (5) "Bona fide political party" means:

_9      (a) An organization that has filed a valid certificate of

10  nomination with the secretary of state under chapter 29.24 RCW;

11      (b) The governing body of the state organization of a major

12  political party, as defined in RCW 29.01.090, that is the body

13  authorized by the charter or bylaws of the party to exercise

14  authority on behalf of the state party; or

15      (c) The county central committee or legislative district

16  committee of a major political party.  There may be only one

17  legislative district committee for each party in each legislative

18  district.

19      (6) "Depository" means a bank designated by a candidate or

20  political committee pursuant to RCW 42.17.050.

21      (7) "Treasurer" and "deputy treasurer" mean the individuals

22  appointed by a candidate or political committee, pursuant to RCW

23  42.17.050, to perform the duties specified in that section.

24      (8) "Candidate" means any individual who seeks nomination for

25  election or election to public office.  An individual seeks

26  nomination or election when he or she first:

27      (a) Receives contributions or makes expenditures or reserves

28  space or facilities with intent to promote his or her candidacy

29  for office;

30      (b) Announces publicly or files for office;

31      (c) Purchases commercial advertising space or broadcast time to

32  promote his or her candidacy; or

33      (d) Gives his or her consent to another person to take on

34  behalf of the individual any of the actions in (a) or (c) of this

35  subsection.

36      (9) "Caucus political committee" means a political committee

37  organized and maintained by the members of a major political party

38  in the state senate or state house of representatives.

SB 5193                        p. 2

 

_1      (10) "Commercial advertiser" means any person who sells the

_2  service of communicating messages or producing printed material

_3  for broadcast or distribution to the general public or segments of

_4  the general public whether through the use of newspapers,

_5  magazines, television and radio stations, billboard companies,

_6  direct mail advertising companies, printing companies, or

_7  otherwise.

_8      (11) "Commission" means the agency established under RCW

_9  42.17.350.

10      (12) "Compensation" unless the context requires a narrower

11  meaning, includes payment in any form for real or personal

12  property or services of any kind:  PROVIDED, That for the purpose

13  of compliance with RCW 42.17.241, the term "compensation" shall

14  not include per diem allowances or other payments made by a

15  governmental entity to reimburse a public official for expenses

16  incurred while the official is engaged in the official business of

17  the governmental entity.

18      (13) "Continuing political committee" means a political

19  committee that is an organization of continuing existence not

20  established in anticipation of any particular election campaign.

21      (14)(a) "Contribution" includes:

22      (i) A loan, gift, deposit, subscription, forgiveness of

23  indebtedness, donation, advance, pledge, payment, transfer of

24  funds between political committees, or anything of value,

25  including personal and professional services for less than full

26  consideration;

27      (ii) An expenditure made by a person in cooperation,

28  consultation, or concert with, or at the request or suggestion of,

29  a candidate, a political committee, or their agents;

30      (iii) The financing by a person of the dissemination,

31  distribution, or republication, in whole or in part, of broadcast,

32  written, graphic, or other form of political advertising prepared

33  by a candidate, a political committee, or its authorized agent;

34      (iv) Sums paid for tickets to fund-raising events such as

35  dinners and parties, except for the actual cost of the consumables

36  furnished at the event.

37      (b) "Contribution" does not include:

                               p. 3                       SB 5193

 

_1      (i) Standard interest on money deposited in a political

_2  committee's account;

_3      (ii) Ordinary home hospitality;

_4      (iii) A contribution received by a candidate or political

_5  committee that is returned to the contributor within five business

_6  days of the date on which it is received by the candidate or

_7  political committee;

_8      (iv) A news item, feature, commentary, or editorial in a

_9  regularly scheduled news medium that is of primary interest to the

10  general public, that is in a news medium controlled by a person

11  whose business is that news medium, and that is not controlled by

12  a candidate or a political committee;

13      (v) An internal political communication primarily limited to

14  the members of or contributors to a political party organization

15  or political committee, or to the officers, management staff, or

16  stockholders of a corporation or similar enterprise, or to the

17  members of a labor organization or other membership organization;

18      (vi) The rendering of personal services of the sort commonly

19  performed by volunteer campaign workers, or incidental expenses

20  personally incurred by volunteer campaign workers not in excess of

21  fifty dollars personally paid for by the worker.  "Volunteer

22  services," for the purposes of this section, means services or

23  labor for which the individual is not compensated by any person;

24      (vii) Messages in the form of reader boards, banners, or yard

25  or window signs displayed on a person's own property or property

26  occupied by a person.  However, a facility used for such political

27  advertising for which a rental charge is normally made must be

28  reported as an in-kind contribution and counts towards any

29  applicable contribution limit of the person providing the

30  facility;

31      (viii) Legal or accounting services rendered to or on behalf

32  of:

33      (A) A political party or caucus political committee if the

34  person paying for the services is the regular employer of the

35  person rendering such services; or

36      (B) A candidate or an authorized committee if the person paying

37  for the services is the regular employer of the individual

SB 5193                        p. 4

_1  rendering the services and if the services are solely for the

_2  purpose of ensuring compliance with state election or public

_3  disclosure laws.

_4      (c) Contributions other than money or its equivalent are deemed

_5  to have a monetary value equivalent to the fair market value of

_6  the contribution.  Services or property or rights furnished at

_7  less than their fair market value for the purpose of assisting any

_8  candidate or political committee are deemed a contribution.  Such

_9  a contribution must be reported as an in-kind contribution at its

10  fair market value and counts towards any applicable contribution

11  limit of the provider.

12      (15) "Elected official" means any person elected at a general

13  or special election to any public office, and any person appointed

14  to fill a vacancy in any such office.

15      (16) "Election" includes any primary, general, or special

16  election for public office and any election in which a ballot

17  proposition is submitted to the voters:  PROVIDED, That an

18  election in which the qualifications for voting include other than

19  those requirements set forth in Article VI, section 1 (Amendment

20  63) of the Constitution of the state of Washington shall not be

21  considered an election for purposes of this chapter.

22      (17) "Election campaign" means any campaign in support of or in

23  opposition to a candidate for election to public office and any

24  campaign in support of, or in opposition to, a ballot proposition.

25      (18) "Election cycle" means the period beginning on the first

26  day of December after the date of the last previous general

27  election for the office that the candidate seeks and ending on

28  November 30th after the next election for the office.  In the case

29  of a special election to fill a vacancy in an office, "election

30  cycle" means the period beginning on the day the vacancy occurs

31  and ending on November 30th after the special election.

32      (19) "Expenditure" includes a payment, contribution,

33  subscription, distribution, loan, advance, deposit, or gift of

34  money or anything of value, and includes a contract, promise, or

35  agreement, whether or not legally enforceable, to make an

36  expenditure.  The term "expenditure" also includes a promise to

37  pay, a payment, or a transfer of anything of value in exchange for

38  goods, services, property, facilities, or anything of value for

                               p. 5                       SB 5193

_1  the purpose of assisting, benefiting, or honoring any public

_2  official or candidate, or assisting in furthering or opposing any

_3  election campaign.  For the purposes of this chapter, agreements

_4  to make expenditures, contracts, and promises to pay may be

_5  reported as estimated obligations until actual payment is made.

_6  The term "expenditure" shall not include the partial or complete

_7  repayment by a candidate or political committee of the principal

_8  of a loan, the receipt of which loan has been properly reported.

_9      (20) "Final report" means the report described as a final

10  report in RCW 42.17.080(2).

11      (21) "General election" means the election that results in the

12  election of a person to a state office.  It does not include a

13  primary.

14      (22) "Gift," is as defined in RCW 42.52.010.

15      (23) "Immediate family" includes the spouse, dependent

16  children, and other dependent relatives, if living in the

17  household.  For the purposes of RCW 42.17.640 through 42.17.790,

18  "immediate family" means an individual's spouse, and child,

19  stepchild, grandchild, parent, stepparent, grandparent, brother,

20  half brother, sister, or half sister of the individual and the

21  spouse of any such person and a child, stepchild, grandchild,

22  parent, stepparent, grandparent, brother, half brother, sister, or

23  half sister of the individual's spouse and the spouse of any such

24  person.

25      (24) "Independent expenditure" means an expenditure that has

26  each of the following elements:

27      (a) It is made in support of or in opposition to a candidate

28  for office by a person who is not (i) a candidate for that office,

29  (ii) an authorized committee of that candidate for that office,

30  (iii) a person who has received the candidate's encouragement or

31  approval to make the expenditure, if the expenditure pays in whole

32  or in part for political advertising supporting that candidate or

33  promoting the defeat of any other candidate or candidates for that

34  office, or (iv) a person with whom the candidate has collaborated

35  for the purpose of making the expenditure, if the expenditure pays

36  in whole or in part for political advertising supporting that

37  candidate or promoting the defeat of any other candidate or

38  candidates for that office;

SB 5193                        p. 6

 

_1      (b) The expenditure pays in whole or in part for political

_2  advertising that either specifically names the candidate supported

_3  or opposed, or clearly and beyond any doubt identifies the

_4  candidate without using the candidate's name; and

_5      (c) The expenditure, alone or in conjunction with another

_6  expenditure or other expenditures of the same person in support of

_7  or opposition to that candidate, has a value of five hundred

_8  dollars or more.  A series of expenditures, each of which is under

_9  five hundred dollars, constitutes one independent expenditure if

10  their cumulative value is five hundred dollars or more.

11      (25)(a) "Intermediary" means an individual who transmits a

12  contribution to a candidate or committee from another person

13  unless the contribution is from the individual's employer,

14  immediate family as defined for purposes of RCW 42.17.640 through

15  42.17.790, or an association to which the individual belongs.

16      (b) A treasurer or a candidate is not an intermediary for

17  purposes of the committee that the treasurer or candidate serves.

18      (c) A professional fund-raiser is not an intermediary if the

19  fund-raiser is compensated for fund-raising services at the usual

20  and customary rate.

21      (d) A volunteer hosting a fund-raising event at the

22  individual's home is not an intermediary for purposes of that

23  event.

24      (26) "Legislation" means bills, resolutions, motions,

25  amendments, nominations, and other matters pending or proposed in

26  either house of the state legislature, and includes any other

27  matter that may be the subject of action by either house or any

28  committee of the legislature and all bills and resolutions that,

29  having passed both houses, are pending approval by the governor.

30      (27) "Lobby" and "lobbying" each mean attempting to influence

31  the passage or defeat of any legislation by the legislature of the

32  state of Washington, or the adoption or rejection of any rule,

33  standard, rate, or other legislative enactment of any state agency

34  under the state Administrative Procedure Act, chapter 34.05 RCW.

35  Neither "lobby" nor "lobbying" includes an association's or other

36  organization's act of communicating with the members of that

37  association or organization.

                               p. 7                       SB 5193

 

_1      (28) "Lobbyist" includes any person who lobbies either in his

_2  or her own or another's behalf.

_3      (29) "Lobbyist's employer" means the person or persons by whom

_4  a lobbyist is employed and all persons by whom he or she is

_5  compensated for acting as a lobbyist.

_6      (30) "Person" includes an individual, partnership, joint

_7  venture, public or private corporation, association, federal,

_8  state, or local governmental entity or agency however constituted,

_9  candidate, committee, political committee, political party,

10  executive committee thereof, or any other organization or group of

11  persons, however organized.

12      (31) "Person in interest" means the person who is the subject

13  of a record or any representative designated by that person,

14  except that if that person is under a legal disability, the term

15  "person in interest" means and includes the parent or duly

16  appointed legal representative.

17      (32) "Political advertising" includes any advertising displays,

18  newspaper ads, billboards, signs, brochures, articles, tabloids,

19  flyers, letters, radio or television presentations, or other means

20  of mass communication, used for the purpose of appealing, directly

21  or indirectly, for votes or for financial or other support in any

22  election campaign.

23      (33) "Political committee" means any person (except a candidate

24  or an individual dealing with his or her own funds or property)

25  having the expectation of receiving contributions or making

26  expenditures in support of, or opposition to, any candidate or any

27  ballot proposition.

28      (34) "Primary" means the procedure for nominating a candidate

29  to state office under chapter 29.18 or 29.21 RCW or any other

30  primary for an election that uses, in large measure, the

31  procedures established in chapter 29.18 or 29.21 RCW.

32      (35) "Public office" means any federal, state, county, city,

33  town, school district, port district, special district, or other

34  state political subdivision elective office.

35      (36) "Public record" includes any writing containing

36  information relating to the conduct of government or the

37  performance of any governmental or proprietary function prepared,

38  owned, used, or retained by any state or local agency regardless

SB 5193                        p. 8

_1  of physical form or characteristics.  For state legislative

_2  offices, the office of the secretary of the senate, and the office

_3  of the chief clerk of the house of representatives, public records

_4  means legislative records as defined in RCW 40.14.100 and also

_5  means the following:  All budget and financial records; personnel

_6  leave, travel, and payroll records; records of legislative

_7  sessions; reports submitted to the legislature; and any other

_8  record designated a public record by any official action of the

_9  senate or the house of representatives.

10      (37) "Recall campaign" means the period of time beginning on

11  the date of the filing of recall charges under RCW 29.82.015 and

12  ending thirty days after the recall election.

13      (38) "State legislative office" means the office of a member of

14  the state house of representatives or the office of a member of

15  the state senate.

16      (39) "State office" means state legislative office or the

17  office of governor, lieutenant governor, secretary of state,

18  attorney general, commissioner of public lands, insurance

19  commissioner, superintendent of public instruction, state auditor,

20  or state treasurer.

21      (40) "State official" means a person who holds a state office.

22      (41) "Surplus funds" mean, in the case of a political committee

23  or candidate, the balance of contributions that remain in the

24  possession or control of that committee or candidate subsequent to

25  the election for which the contributions were received, and that

26  are in excess of the amount necessary to pay remaining debts

27  incurred by the committee or candidate prior to that election.  In

28  the case of a continuing political committee, "surplus funds" mean

29  those contributions remaining in the possession or control of the

30  committee that are in excess of the amount necessary to pay all

31  remaining debts when it makes its final report under RCW

32  42.17.065.

33      (42) "Writing" means handwriting, typewriting, printing,

34  photostating, photographing, and every other means of recording

35  any form of communication or representation, including, but not

36  limited to, letters, words, pictures, sounds, or symbols, or

37  combination thereof, and all papers, maps, magnetic or paper

38  tapes, photographic films and prints, motion picture, film and

                               p. 9                       SB 5193

_1  video recordings, magnetic or punched cards, discs, drums,

_2  diskettes, sound recordings, and other documents including

_3  existing data compilations from which information may be obtained

_4  or translated.

_5      As used in this chapter, the singular shall take the plural and

_6  any gender, the other, as the context requires.

 

‑‑‑ END ‑‑‑

SB 5193                        p. 10