2016-S AMH MOEL REIL 014

SHB 2016 - H AMD 129

By Representative Moeller

NOT CONSIDERED 4/26/2009

    On page 25, beginning on line 11, strike all of Sec. 202 and insert the following:

"Sec. 202.  RCW 42.17.369 and 2000 c 237 s 3 are each amended to read as follows:

    (1) ((By July 1, 1999,)) The commission shall make available to candidates, public officials, and political committees that are required to file reports under this chapter an electronic filing ((alternative)) system for submitting financial affairs reports, contribution reports, and expenditure reports((, including but not limited to filing by diskette, modem, satellite, or)) over the internet.

    (2) By January 1, ((2002)) 2012, the commission shall make available to lobbyists ((and)), lobbyists' employers, and agencies required to file reports under RCW 42.17.150, 42.17.170, 42.17.175, ((or)) 42.17.180, or 42.17.190 (as recodified by this act) an electronic filing ((alternative)) system for submitting these reports ((including but not limited to filing by diskette, modem, satellite, or)) over the internet.

    (3) The commission shall make available to candidates((,)) and public officials((,)) filing financial affairs reports and political committees((, lobbyists, and lobbyists' employers)) an electronic ((copy of the appropriate reporting forms)) filing system at no charge."

    On page 51, beginning on line 13, strike all of Sec. 410 and insert the following:

”Sec. 410.  RCW 42.17.3691 and 2000 c 237 s 4 are each amended to read as follows:

    (1) ((Beginning January 1, 2002, each candidate or political committee that expended twenty-five thousand dollars or more in the preceding year or expects to expend twenty-five thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW 42.17.369.  The commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.
    (2) Beginning January 1, 2004,)) Each candidate or political committee that expended ten thousand dollars or more in the preceding year or expects to expend ten thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter ((by the electronic alternative)) electronically over the internet as provided by the commission under RCW 42.17.369 (as recodified by this act).  ((The commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.
    (3))) (2)(a) Beginning January 1, 2012, lobbyists required to register under RCW 42.17.150 (as recodified by this act), or report under RCW 42.17.170 (as recodified by this act), whose total reportable accrued compensation for lobbying, whether from or on behalf of one or more lobbyists' employers, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year, must file all reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17.369 (as recodified by this act).
    (b) Beginning January 1, 2013, lobbyists' employers required to report under RCW 42.17.180 (as recodified by this act) whose total reportable accrued expenses and payments for lobbying, including those through or on behalf of one or more lobbyists, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year, must file all reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17.369 (as recodified by this act).
    (c) Beginning January 1, 2012, all agencies required to report under RCW 42.17.190 (as recodified by this act) must file all lobbying reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17.369 (as recodified by this act).
    (3) The commission may make exceptions on a case-by-case basis for candidates, lobbyists, lobbyists' employers, or agencies when they lack the technological ability to file reports electronically.
    (4) Failure by a candidate ((or)), political committee, lobbyist, lobbyist's employer, or agency to comply with this section is a violation of this chapter.

NEW SECTION.  Sec. 411.  A new section is added to chapter 42.17 RCW to read as follows: (1) Effective July 1, 2009, lobbyists and lobbyists' employers who are registered or required to report for either calendar years 2009 or 2010, or both, or who subsequently register for any part of calendar years 2009 or 2010, shall pay a one- time fee to the public disclosure commission for the development and implementation of the electronic filing system under RCW 42.17.369 as follows:

    (a) Two hundred fifty dollars for each lobbyist whose total reportable accrued compensation for lobbying, whether from or on behalf of one or more lobbyists' employers, except employers exempt under subsection (3) of this section, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year;

    (b) Five hundred dollars for each lobbyist employer whose total reportable accrued expenses and payments for lobbying, including those through or on behalf of one or more lobbyists, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year; and

    (c) Five hundred dollars for each agency required to file under RCW 42.17.190.

    (2) Fees received under this section must be deposited into the lobbying electronic filing account under section 412 of this act.

    (3) Lobbyists who lobby only for nonprofit, fund-raising organizations exempt from taxation under section 501(c)(3) of the internal revenue code, and lobbyist employers who are a nonprofit, fund-raising organization exempt from taxation as under section 501(c)(3) of the internal revenue code, are exempt from paying the fees in this section.

NEW SECTION.  Sec. 412.  A new section is added to chapter 42.17 RCW to read as follows: (1) The lobbying electronic filing account is created in the custody of the state treasurer.  All receipts from fees paid by lobbyists, lobbyists' employers, and agencies under section 3 of this act must be deposited into the account.  Expenditures from the account may be used only for costs incurred as a result of the design, development, implementation, and maintenance of:

    (a) Software or other applications to accommodate electronic filing of the reports required for lobbyists, lobbyists' employers, and public agencies reporting under chapter 42.17 RCW; and

    (b) A database and query system compatible with current architecture, technology, and operating systems that results in readily available data to the public for review and analysis.

    (2) Only the executive director of the public disclosure commission or the executive director's designee may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures."

    Renumber the sections consecutively and correct any internal references accordingly.

    On page 118, line 27, after "Sec. 1107." strike "Section" and insert "Sections 411, 412, and"

    On page 118, line 31, after "102 through" insert "410, 413 through"

    Correct the title.

EFFECT: Beginning January 1, 2012, lobbyists whose reportable compensation was $10,000 or more in 2011, or is expected to be $10,000 in 2012, must file the required disclosure reports electronically over the Internet.  Beginning January 1, 2012, all agencies required to file lobbying reports must file the reports electronically over the Internet. Beginning January 1, 2013, lobbyist employers whose reportable expenses and payments for lobbying was $10,000 or more in 2012, or is expected to be $10,000 or more in 2013, must file the required disclosure reports electronically over the Internet.

Effective August 1, 2009, lobbyists, lobbyist employers, and agencies must pay a one-time fee to the PDC for development and implementation of an electronic filing system for reporting lobbying disclosure reports. Lobbyists whose lobbying income was $10,000 in 2008 or is expected to be $10,000 or more in 2009 must pay a fee of $250. Lobbyist employers whose accrued expenses and payments for lobbying was $10,000 in 2008, or is expected to be $10,000 or more in 2009, must pay a fee of $500. Lobbyists who lobby only for nonprofits and lobbyist employers that are nonprofits are exempt from paying the fee. Agencies required to file under RCW42.17.190 must pay a few of $500.

The fees collected must be deposited into the lobbying electronic filing account (account) created in the custody of the State Treasurer. Expenditures from the account may be used only for costs incurred for the design, development, implementation and maintenance of an application to accommodate electronic filing for lobbying reports, and a database and query system compatible with current systems.

The sections requiring payment of fees and the creation of the lobbying electronic filing account take effect immediately.

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