BILL REQ. #: Z-0133.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Prefiled 12/08/08. Read first time 01/12/09. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to reorganizing and making technical clarifications to campaign contribution and disclosure laws; amending RCW 42.17.020, 42.17.367, 42.17.369, 42.17.461, 42.17.463, 42.17.350, 42.17.360, 42.17.370, 42.17.690, 42.17.380, 42.17.405, 42.17.420, 42.17.450, 42.17.030, 42.17.040, 42.17.050, 42.17.060, 42.17.065, 42.17.067, 42.17.080, 42.17.090, 42.17.3691, 42.17.093, 42.17.100, 42.17.103, 42.17.105, 42.17.550, 42.17.135, 42.17.561, 42.17.565, 42.17.570, 42.17.575, 42.17.510, 42.17.520, 42.17.540, 42.17.110, 42.17.610, 42.17.640, 42.17.645, 42.17.070, 42.17.095, 42.17.125, 42.17.660, 42.17.720, 42.17.740, 42.17.790, 42.17.680, 42.17.130, 42.17.245, 42.17.150, 42.17.155, 42.17.160, 42.17.170, 42.17.172, 42.17.175, 42.17.180, 42.17.190, 42.17.200, 42.17.210, 42.17.220, 42.17.230, 42.17.240, 42.17.241, 42.17.242, 42.17.390, 42.17.395, 42.17.397, 42.17.400, and 42.56.010; reenacting and amending RCW 42.17.2401; adding a new chapter to Title 42 RCW; creating new sections; recodifying RCW 42.17.010, 42.17.020, 42.17.035, 42.17.440, 42.17.367, 42.17.369, 42.17.460, 42.17.461, 42.17.463, 42.17.350, 42.17.360, 42.17.370, 42.17.690, 42.17.380, 42.17.405, 42.17.420, 42.17.430, 42.17.450, 42.17.030, 42.17.040, 42.17.050, 42.17.060, 42.17.065, 42.17.067, 42.17.080, 42.17.090, 42.17.3691, 42.17.093, 42.17.100, 42.17.103, 42.17.105, 42.17.550, 42.17.135, 42.17.561, 42.17.565, 42.17.570, 42.17.575, 42.17.510, 42.17.520, 42.17.530, 42.17.540, 42.17.110, 42.17.610, 42.17.640, 42.17.645, 42.17.700, 42.17.070, 42.17.095, 42.17.120, 42.17.125, 42.17.650, 42.17.660, 42.17.670, 42.17.720, 42.17.730, 42.17.740, 42.17.770, 42.17.780, 42.17.790, 42.17.680, 42.17.760, 42.17.128, 42.17.130, 42.17.710, 42.17.750, 42.17.245, 42.17.150, 42.17.155, 42.17.160, 42.17.170, 42.17.172, 42.17.175, 42.17.180, 42.17.190, 42.17.200, 42.17.210, 42.17.220, 42.17.230, 42.17.240, 42.17.2401, 42.17.241, 42.17.242, 42.17.390, 42.17.395, 42.17.397, 42.17.400, 42.17.410, 42.17.900, 42.17.910, 42.17.911, 42.17.912, 42.17.920, 42.17.930, 42.17.940, 42.17.945, 42.17.950, 42.17.955, 42.17.960, 42.17.961, 42.17.962, 42.17.963, 42.17.964, 42.17.965, and 42.17.966; repealing RCW 42.17.131, 42.17.362, 42.17.365, 42.17.375, 42.17.465, 42.17.467, 42.17.469, 42.17.471, 42.17.562, 42.17.620, and 42.17.647; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the intent of the legislature that
chapter 42.17 RCW be reorganized and clarified. It is not the intent
of this act to make any substantive changes to chapter 42.17 RCW.
Sec. 101 RCW 42.17.020 and 2008 c 6 s 201 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with
reckless disregard as to truth or falsity.
(2) "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.
(3) "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.
(4) "Ballot proposition" means any "measure" as defined by RCW
29A.04.091, 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))
before its circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial, economic,
or monetary advantage, or the avoidance of a commercial, proprietary,
financial, economic, or monetary disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29A.20 RCW;
(b) The governing body of the state organization of a major
political party, as defined in RCW 29A.04.086, 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.
(7) "Depository" means a bank ((designated by a candidate or
political committee pursuant to RCW 42.17.050)), mutual savings bank,
savings and loan association, or credit union doing business in this
state.
(8) "Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW
42.17.050 (as recodified by this act), to perform the duties specified
in that section.
(9) "Candidate" means any individual who seeks nomination for
election or election to public office. An individual 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;
(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.
(10) "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.
(11) "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.
(12) "Commission" means the agency established under RCW 42.17.350
(as recodified by this act).
(13) "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 (as recodified by this act), ((the term)) "compensation"
((shall)) does 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.
(14) "Continuing political committee" means a political committee
that is an organization of continuing existence not established in
anticipation of any particular election campaign.
(15)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer of funds
between political committees, or anything of value, including personal
and professional services for less than full consideration;
(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, the person or persons named on the candidate's or
committee's registration form who direct expenditures on behalf of the
candidate or 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 or electioneering communication
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)) subsection, 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; or
(ix) The performance of ministerial functions by a person on behalf
of two or more candidates or political committees either as volunteer
services defined in (b)(vi) of this subsection or for payment by the
candidate or political committee for whom the services are performed as
long as:
(A) The person performs solely ministerial functions;
(B) A person who is paid by two or more candidates or political
committees is identified by the candidates and political committees on
whose behalf services are performed as part of their respective
statements of organization under RCW 42.17.040 (as recodified by this
act); and
(C) The person does not disclose, except as required by law, any
information regarding a candidate's or committee's plans, projects,
activities, or needs, or regarding a candidate's or committee's
contributions or expenditures that is not already publicly available
from campaign reports filed with the commission, or otherwise engage in
activity that constitutes a contribution under (a)(ii) of this
subsection.
A person who performs ministerial functions under this subsection
(15)(b)(ix) is not considered an agent of the candidate or committee as
long as he or she has no authority to authorize expenditures or make
decisions on behalf of the candidate or committee.
(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.
(16) "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.
(17) "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.
(18) "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.
(19) "Election cycle" means the period beginning on the first day
of January after the date of the last previous general election for the
office that the candidate seeks and ending on December 31st 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 December 31st
after the special election.
(20) "Electioneering communication" means any broadcast, cable, or
satellite television or radio transmission, United States postal
service mailing, billboard, newspaper, or periodical that:
(a) Clearly identifies a candidate for a state, local, or judicial
office either by specifically naming the candidate, or identifying the
candidate without using the candidate's name;
(b) Is broadcast, transmitted, mailed, erected, distributed, or
otherwise published within sixty days before any election for that
office in the jurisdiction in which the candidate is seeking election;
and
(c) Either alone, or in combination with one or more communications
identifying the candidate by the same sponsor during the sixty days
before an election, has a fair market value of five thousand dollars or
more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned by a
candidate, even if the candidate is mentioned in the advertising when
the candidate has been regularly mentioned in that advertising
appearing at least twelve months preceding his or her becoming a
candidate;
(b) Advertising for candidate debates or forums when the
advertising is paid for by or on behalf of the debate or forum sponsor,
so long as two or more candidates for the same position have been
invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a regularly
scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose business is that
news medium; and
(iii) Not a medium controlled by a candidate or a political
committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar works
(i) written by a candidate when the candidate entered into a contract
for such publications or media at least twelve months before becoming
a candidate, or (ii) written about a candidate;
(f) Public service announcements;
(g) A mailed 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;
(h) An expenditure by or contribution to the authorized committee
of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission through rule
consistent with the intent of this chapter.
(22) "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.
(23) "Final report" means the report described as a final report in
RCW 42.17.080(2) (as recodified by this act).
(24) "General election" for the purposes of RCW 42.17.640 (as
recodified by this act) means the election that results in the election
of a person to a state or local office. It does not include a primary.
(25) "Gift((," is as defined))" has the definition in RCW
42.52.010.
(26) "Immediate family" includes the spouse or domestic partner,
dependent children, and other dependent relatives, if living in the
household. For the purposes of ((RCW 42.17.640 through 42.17.790)) the
definition of "intermediary" in this section, "immediate family" means
an individual's spouse or domestic partner, and child, stepchild,
grandchild, parent, stepparent, grandparent, brother, half brother,
sister, or half sister of the individual and the spouse or the domestic
partner of any such person and a child, stepchild, grandchild, parent,
stepparent, grandparent, brother, half brother, sister, or half sister
of the individual's spouse or domestic partner and the spouse or the
domestic partner of any such person.
(27) "Incumbent" means a person who is in present possession of an
elected office.
(28) "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)) eight hundred
dollars or more. A series of expenditures, each of which is under
((five)) eight hundred dollars, constitutes one independent expenditure
if their cumulative value is ((five)) eight hundred dollars or more.
(29)(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.
(30) "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.
(31) "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.
(32) "Lobbyist" includes any person who lobbies either in his or
her own or another's behalf.
(33) "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.
(34) "Ministerial functions" means an act or duty carried out as
part of the duties of an administrative office without exercise of
personal judgment or discretion.
(35) "Participate" means that, with respect to a particular
election, an entity:
(a) Makes either a monetary or in-kind contribution to a candidate;
(b) Makes an independent expenditure or electioneering
communication in support of or opposition to a candidate;
(c) Endorses a candidate ((prior to)) before contributions
((being)) are made by a subsidiary corporation or local unit with
respect to that candidate or that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate should be
supported or opposed ((prior to)) before a contribution ((being)) is
made by a subsidiary corporation or local unit with respect to that
candidate or that candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a
subsidiary corporation or local unit on matters relating to the support
of or opposition to a candidate, including, but not limited to, the
amount of a contribution, when a contribution should be given, and what
assistance, services or independent expenditures, or electioneering
communications, if any, will be made or should be made in support of or
opposition to a candidate.
(36) "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.
(37) (("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.)) "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 or opposition
in any election campaign.
(38)
(((39))) (38) "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.
(((40))) (39) "Primary" for the purposes of RCW 42.17.640 (as
recodified by this act) means the procedure for nominating a candidate
to state or local office under chapter 29A.52 RCW or any other primary
for an election that uses, in large measure, the procedures established
in chapter 29A.52 RCW.
(((41))) (40) "Public office" means any federal, state, judicial,
county, city, town, school district, port district, special district,
or other state political subdivision elective office.
(((42))) (41) "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)) has the definition in RCW 42.56.010.
(((43))) (42) "Recall campaign" means the period of time beginning
on the date of the filing of recall charges under RCW 29A.56.120 and
ending thirty days after the recall election.
(((44))) (43) "Sponsor of an electioneering communications,
independent expenditures, or political advertising" means the person
paying for the electioneering communication, independent expenditure,
or political advertising. If a person acts as an agent for another or
is reimbursed by another for the payment, the original source of the
payment is the sponsor.
(((45) "State)) (44) "Legislative office" means the office of a
member of the state house of representatives or the office of a member
of the state senate.
(((46))) (45) "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.
(((47))) (46) "State official" means a person who holds a state
office.
(((48))) (47) "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)) with respect 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 (as recodified by
this act).
(((49) "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. 201 RCW 42.17.367 and 1999 c 401 s 9 are each amended to
read as follows:
((By February 1, 2000,)) The commission shall 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, ((and)) 42.17.105, 42.17.150, 42.17.170,
42.17.175, and 42.17,180 (as recodified by this act). ((By January 1,
2001, the web site shall allow access to reports, copies of reports, or
copies of data and information submitted in reports, filed with the
commission under RCW 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. 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 for submitting financial affairs reports, contribution
reports, and expenditure reports((, including but not limited to filing
by diskette, modem, satellite, or the Internet)).
(2) ((By January 1, 2002,)) The commission shall make available to
lobbyists and lobbyists' employers required to file reports under RCW
42.17.150, 42.17.170, 42.17.175, or 42.17.180 (as recodified by this
act) an electronic filing alternative for submitting these reports
((including but not limited to filing by diskette, modem, satellite, or
the Internet)).
(3) The commission shall make available to candidates, public
officials, political committees, lobbyists, and lobbyists' employers an
electronic copy of the appropriate reporting forms at no charge.
Sec. 203 RCW 42.17.461 and 2000 c 237 s 5 are each amended to
read as follows:
(((1))) 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 (as
recodified by this act), that are:
(((a) Submitted using the commission's electronic filing system
shall be accessible in the commission's office within two business days
of the commission's receipt of the report and shall be accessible on
the commission's web site within seven business days of the
commission's receipt of the report; and)) (1) Submitted using the commission's electronic filing system
must be accessible in the commission's office and on the commission's
web site within two business days of the commission's receipt of the
report; and
(b) Submitted in any format or using any method other than as
described in (a) of this subsection, shall be accessible in the
commission's office 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, and shall be accessible on the commission's web
site within fourteen business days of the actual physical receipt of
the report, and not the technical date of filing as provided under RCW
42.17.420, as specified in rule adopted by the commission.
(2) On January 1, 2001, or shortly thereafter, the commission shall
revise these goals to reflect 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 using the commission's electronic filing system shall
be accessible in the commission's office within two business days of
the commission's receipt of the report and on the commission's web site
within four business days of the commission's receipt of the report;
and
(b) Submitted in any format or using any method other than as
described in (a) of this subsection, shall be accessible in the
commission's office 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, and on the commission's web site within seven
business days of the actual physical receipt of the report, and not the
technical date of filing as provided under RCW 42.17.420, as specified
in rule adopted by the commission.
(3) On January 1, 2002, or shortly thereafter, the commission shall
revise these goals to reflect 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)
(((b))) (2) Submitted ((in any format or using any method other
than as described in (a) of this subsection,)) on paper must be
accessible in the commission's office and on 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
(as recodified by this act), as specified in rule adopted by the
commission.
Sec. 204 RCW 42.17.463 and 1999 c 401 s 3 are each amended to
read as follows:
By July 1st of each year ((beginning in 2000)), 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 (as recodified by this act) 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 (as recodified by this
act) 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 (as recodified by this act) 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 statewide,
((state)) legislative, or local, that have used each of the following
methods to file reports under RCW 42.17.080 or 42.17.105 (as recodified
by this act): (a) Hard copy paper format; (((b) electronic format via
diskette; (c) electronic format via modem or satellite; (d))) or (b)
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 (as recodified by this act): (a) Hard copy paper format;
(((b) electronic format via diskette; (c) electronic format via modem
or satellite; (d))) or (b) 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 (as recodified by this act): (a)
Hard copy paper format; (((b) electronic format via diskette; (c)
electronic format via modem or satellite; (d))) or (b) electronic
format via the Internet((; and (e) any other format or method)).
Sec. 301 RCW 42.17.350 and 1998 c 30 s 1 are each amended to read
as follows:
(1) ((There is hereby established a ")) The public disclosure
commission((" which)) is established. The commission shall be composed
of five members ((who shall be)) appointed by the governor, with the
consent of the senate. All appointees shall be persons of the highest
integrity and qualifications. No more than three members shall have an
identification with the same political party.
(2) The term of each member shall be five years. No member is
eligible for appointment to more than one full term. Any member may be
removed by the governor, but only upon grounds of neglect of duty or
misconduct in office.
(3) During his or her tenure, a member of the commission is
prohibited from engaging in any of the following activities, either
within or outside the state of Washington:
(a) Holding or campaigning for elective office;
(b) Serving as an officer of any political party or political
committee;
(c) Permitting his or her name to be used in support of or in
opposition to a candidate or proposition;
(d) Soliciting or making contributions to a candidate or in support
of or in opposition to any candidate or proposition;
(e) Participating in any way in any election campaign; or
(f) Lobbying, employing, or assisting a lobbyist, except that a
member or the staff of the commission may lobby to the limited extent
permitted by RCW 42.17.190 (as recodified by this act) on matters
directly affecting this chapter.
(4) A vacancy on the commission shall be filled within thirty days
of the vacancy by the governor, with the consent of the senate, and the
appointee shall serve for the remaining term of his or her predecessor.
A vacancy shall not impair the powers of the remaining members to
exercise all of the powers of the commission.
(5) Three members of the commission shall constitute a quorum. The
commission shall elect its own chair and adopt its own rules of
procedure in the manner provided in chapter 34.05 RCW.
(6) Members shall be compensated in accordance with RCW 43.03.250
and ((in addition)) shall be reimbursed for travel expenses incurred
while engaged in the business of the commission as provided in RCW
43.03.050 and 43.03.060. The compensation provided pursuant to this
section shall not be considered salary for purposes of the provisions
of any retirement system created ((pursuant to)) under the ((general))
laws of this state.
Sec. 302 RCW 42.17.360 and 1973 c 1 s 36 are each amended to read
as follows:
The commission shall:
(1) Develop and provide forms for the reports and statements
required to be made under this chapter;
(2) Prepare and publish a manual setting forth recommended uniform
methods of bookkeeping and reporting for use by persons required to
make reports and statements under this chapter;
(3) Compile and maintain a current list of all filed reports and
statements;
(4) Investigate whether properly completed statements and reports
have been filed within the times required by this chapter;
(5) Upon complaint or upon its own motion, investigate and report
apparent violations of this chapter to the appropriate law enforcement
authorities;
(6) Conduct a sufficient number of audits and field investigations
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 one week of
the commission's completion of an audit or field investigation;
(7) Prepare and publish an annual report to the governor as to the
effectiveness of this chapter and its enforcement by appropriate law
enforcement authorities; ((and)) (8) Enforce this chapter according to the powers granted it
by law;
(7)
(9) Adopt rules governing the arrangement, handling, indexing, and
disclosing of those reports required by this chapter to be filed with
a county auditor or county elections official. The rules shall:
(a) Ensure ease of access by the public to the reports; and
(b) Include, but not be limited to, requirements for indexing the
reports by the names of candidates or political committees and by the
ballot proposition for or against which a political committee is
receiving contributions or making expenditures;
(10) Adopt rules to carry out the policies of chapter 348, Laws of
2006. The adoption of these rules is not subject to the time
restrictions of RCW 42.17.370(1) (as recodified by this act);
(11) Adopt administrative rules establishing requirements for filer
participation in any system designed and implemented by the commission
for the electronic filing of reports; and
(12) Maintain and make available to the public and political
committees of this state a toll-free telephone number.
Sec. 303 RCW 42.17.370 and 1995 c 397 s 17 are each amended to
read as follows:
The commission ((is empowered to)) may:
(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 an executive director and set, within the limits
established by the state committee on agency officials' salaries under
RCW 43.03.028, the executive director's compensation ((of an executive
director who)). The executive director 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)) may 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)) Conduct, as it
deems appropriate, 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)) to 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,)) Adopt rules relieving candidates or
political committees of obligations to comply with the election
campaign 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)) five
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)) For the purposes of this
subsection, "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; and
(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)) 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.
(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)
NEW SECTION. Sec. 304
(a) Only if it determines that facts exist that are clear and
convincing proof of the findings required under this section; and
(b) Only to the extent necessary to substantially relieve the
hardship.
(2) A manifestly unreasonable hardship exists if reporting the name
of an entity required to be reported under RCW 42.17.241(1)(g)(ii) (as
recodified by this act) 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.
(3) 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. 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.
(4) 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.
(5) The commission shall adopt rules governing the proceedings.
Sec. 305 RCW 42.17.690 and 1993 c 2 s 9 are each amended to read
as follows:
(1) At the beginning of each even-numbered calendar year, the
commission shall increase or decrease ((all)) the dollar amounts in
((this chapter)) RCW 42.17.020(28), 42.17.125(3), 42.17.180(1),
42.17.640, 42.17.645, and 42.17.740 (as recodified by this act) based
on changes in economic conditions as reflected in the inflationary
index ((used by the commission under RCW 42.17.370)) recommended by the
office of financial management. The new dollar amounts established by
the commission under this section shall be rounded off ((by the
commission)) to amounts as judged most convenient for public
understanding and so as to be within ten percent of the target amount
equal to the base amount provided in this chapter multiplied by the
increase in the inflationary index since ((December 3, 1992)) July
2008.
(2) The commission may 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.
The revisions authorized by this subsection shall reflect economic
changes from the time of the last legislative enactment affecting the
respective code or threshold.
(3) Revisions made in accordance with subsections (1) and (2) of
this section shall be adopted as rules under chapter 34.05 RCW.
Sec. 306 RCW 42.17.380 and 1982 c 35 s 196 are each amended to
read as follows:
(((1) The office of the secretary of state shall be designated as
a place where the public may file papers or correspond with the
commission and receive any form or instruction from the commission.)) The attorney general, through his or her office, shall
((
(2)supply such)) provide assistance as ((the commission may require in
order)) required by the commission to carry out its responsibilities
under this chapter. The commission may employ attorneys who are
neither the attorney general nor an assistant attorney general to carry
out any function of the attorney general prescribed in this chapter.
Sec. 307 RCW 42.17.405 and 2006 c 240 s 2 are each amended to
read as follows:
(1) Except as provided in subsections (2), (3), and (7) of this
section, the reporting provisions of this chapter do not apply to:
(a) Candidates, elected officials, and agencies in political
subdivisions with less than one thousand registered voters as of the
date of the most recent general election in the jurisdiction((, to));
(b) Political committees formed to support or oppose candidates or
ballot propositions in such political subdivisions((,)); or ((to))
(c) Persons making independent expenditures in support of or
opposition to such ballot propositions.
(2) The reporting provisions of this chapter apply in any exempt
political subdivision from which a "petition for disclosure" containing
the valid signatures of fifteen percent of the number of registered
voters, as of the date of the most recent general election in the
political subdivision, is filed with the commission. The commission
shall by rule prescribe the form of the petition. After the signatures
are gathered, the petition shall be presented to the auditor or
elections officer of the county, or counties, in which the political
subdivision is located. The auditor or elections officer shall verify
the signatures and certify to the commission that the petition contains
no less than the required number of valid signatures. The commission,
upon receipt of a valid petition, shall order every known affected
person in the political subdivision to file the initially required
statement and reports within fourteen days of the date of the order.
(3) The reporting provisions of this chapter apply in any exempt
political subdivision that by ordinance, resolution, or other official
action has petitioned the commission to make the provisions applicable
to elected officials and candidates of the exempt political
subdivision. A copy of the action shall be sent to the commission. If
the commission finds the petition to be a valid action of the
appropriate governing body or authority, the commission shall order
every known affected person in the political subdivision to file the
initially required statement and reports within fourteen days of the
date of the order.
(4) The commission shall void any order issued by it pursuant to
subsection (2) or (3) of this section when, at least four years after
issuing the order, the commission is presented a petition or official
action so requesting from the affected political subdivision. Such
petition or official action shall meet the respective requirements of
subsection (2) or (3) of this section.
(5) Any petition for disclosure, ordinance, resolution, or official
action of an agency petitioning the commission to void the exemption in
RCW 42.17.030(3) (as recodified by this act) shall not be considered
unless it has been filed with the commission:
(a) In the case of a ballot measure, at least sixty days before the
date of any election in which campaign finance reporting is to be
required;
(b) In the case of a candidate, at least sixty days before the
first day on which a person may file a declaration of candidacy for any
election in which campaign finance reporting is to be required.
(6) Any person exempted from reporting under this chapter may at
his or her option file the statement and reports.
(7) The reporting provisions of this chapter apply to a candidate
in any political subdivision if the candidate receives or expects to
receive five thousand dollars or more in contributions.
Sec. 308 RCW 42.17.420 and 1999 c 401 s 10 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, ((when))
the date of receipt of any properly addressed 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)) is the date shown by the
post office cancellation mark on the envelope ((is the date of
mailing)) of the submitted material. The provisions of this section do
not apply to reports required to be delivered under RCW 42.17.105 and
42.17.175 (as recodified by this act).
(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 (as recodified by this
act).
Sec. 309 RCW 42.17.450 and 1973 c 1 s 45 are each amended to read
as follows:
((Persons with whom statements or reports or copies of statements
or reports are required to be filed under this chapter)) (1) County
auditors and county elections officials shall preserve ((them)) filed
statements or reports for not less than six years.
(2) The commission((, however,)) shall preserve ((such)) filed
statements or reports for not less than ten years.
Sec. 401 RCW 42.17.030 and 2006 c 240 s 1 are each amended to
read as follows:
The provisions of this chapter relating to the financing of
election campaigns shall apply in all election campaigns other than (1)
for precinct committee officer; (2) for a federal elective office; and
(3) for an office of a political subdivision of the state that does not
encompass a whole county and that contains fewer than five thousand
registered voters as of the date of the most recent general election in
the subdivision, unless required by RCW 42.17.405 (2) through (5) and
(7) (as recodified by this act).
Sec. 402 RCW 42.17.040 and 2007 c 358 s 2 are each amended to
read as follows:
(1) Every political committee((, within two weeks after its
organization or, within two weeks after the date when it first has the
expectation of receiving contributions or making expenditures in any
election campaign, whichever is earlier,)) shall file a statement of
organization with the commission and with the county auditor or
elections officer of the county in which the candidate resides, or in
the case of any other political committee, the county in which the
treasurer resides. The statement must be filed within two weeks after
organization or within two weeks after the date the committee first has
the expectation of receiving contributions or making expenditures in
any election campaign, whichever is earlier. A political committee
organized within the last three weeks before an election and having the
expectation of receiving contributions or making expenditures during
and for that election campaign shall file a statement of organization
within three business days after its organization or when it first has
the expectation of receiving contributions or making expenditures in
the election campaign.
(2) The statement of organization shall include but not be limited
to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated committees
or other persons, and the nature of the relationship or affiliation;
(c) The names, addresses, and titles of its officers; or if it has
no officers, the names, addresses, and titles of its responsible
leaders;
(d) The name and address of its treasurer and depository;
(e) A statement whether the committee is a continuing one;
(f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or opposing, and, if the
committee is supporting the entire ticket of any party, the name of the
party;
(g) The ballot proposition concerned, if any, and whether the
committee is in favor of or opposed to such proposition;
(h) What distribution of surplus funds will be made, in accordance
with RCW 42.17.095 (as recodified by this act), in the event of
dissolution;
(i) The street address of the place and the hours during which the
committee will make available for public inspection its books of
account and all reports filed in accordance with RCW 42.17.080 (as
recodified by this act);
(j) Such other information as the commission may by regulation
prescribe, in keeping with the policies and purposes of this chapter;
(k) The name, address, and title of any person who authorizes
expenditures or makes decisions on behalf of the candidate or
committee; and
(l) The name, address, and title of any person who is paid by or is
a volunteer for a candidate or political committee to perform
ministerial functions and who performs ministerial functions on behalf
of two or more candidates or committees.
(3) Any material change in information previously submitted in a
statement of organization shall be reported to the commission and to
the appropriate county elections officer within the ten days following
the change.
Sec. 403 RCW 42.17.050 and 1989 c 280 s 3 are each amended to
read as follows:
(1) Each candidate, within two weeks after becoming a candidate,
and each political committee, at the time it is required to file a
statement of organization, shall designate and file with the commission
and the appropriate county elections officer the name((s)) and
address((es)) of((:)) one legally competent individual, who may be the candidate,
to serve as a treasurer((
(a); and)).
(b) A bank, mutual savings bank, savings and loan association, or
credit union doing business in this state to serve as depository and
the name of the account or accounts maintained in it
(2) A candidate, a political committee, or a treasurer may appoint
as many deputy treasurers as is considered necessary and ((may
designate not more than one additional depository in each other county
in which the campaign is conducted. The candidate or political
committee)) shall file the names and addresses of the deputy treasurers
((and additional depositories)) with the commission and the appropriate
county elections officer.
(3) ((A candidate may not knowingly establish, use, direct, or
control more than one political committee for the purpose of supporting
that candidate during a particular election campaign. This does not
prohibit: (a) In addition to a candidate's having his or her own
political committee, the candidate's participation in a political
committee established to support a slate of candidates which includes
the candidate; or (b) joint fund-raising efforts by candidates when a
separate political committee is established for that purpose and all
contributions are disbursed to and accounted for on a pro rata basis by
the benefiting candidates.))(a) A candidate or political committee may at any time remove
a treasurer or deputy treasurer ((
(4)or change a designated depository)).
(b) In the event of the death, resignation, removal, or change of
a treasurer((,)) or deputy treasurer, ((or depository,)) the candidate
or political committee shall designate and file with the commission and
the appropriate county elections officer the name and address of any
successor.
(((5))) (4) No treasurer((,)) or deputy treasurer((, or
depository)) may be deemed to be in compliance with the provisions of
this chapter until his or her name and address is filed with the
commission and the appropriate county elections officer.
NEW SECTION. Sec. 404
Sec. 405 RCW 42.17.060 and 1989 c 280 s 4 are each amended to
read as follows:
(1) All monetary contributions received by a candidate or political
committee shall be deposited by the treasurer or deputy treasurer in a
depository in an account established and designated for that purpose.
Such deposits shall be made within five business days of receipt of the
contribution.
(2) Political committees ((which)) that support or oppose more than
one candidate or ballot proposition, or exist for more than one
purpose, may maintain multiple separate bank accounts within the same
designated depository for such purpose((: PROVIDED, That)) only if:
(a) Each such account ((shall)) bears the same name;
(b) Each such account is followed by an appropriate designation
((which)) that accurately identifies its separate purpose((: AND
PROVIDED FURTHER, That)); and
(c) Transfers of funds ((which)) that must be reported under RCW
42.17.090(1)(((d) may)) (e) (as recodified by this act) are not ((be))
made from more than one such account.
(3) Nothing in this section prohibits a candidate or political
committee from investing funds on hand in a depository in bonds,
certificates, or tax-exempt securities, or in savings accounts or other
similar instruments in financial institutions, or in mutual funds other
than the depository((: PROVIDED, That)) but only if:
(a) The commission and the appropriate county elections officer
((is)) are notified in writing of the initiation and the termination of
the investment((: PROVIDED FURTHER, That)); and
(b) The principal of such investment, when terminated together with
all interest, dividends, and income derived from the investment
((are)), is deposited in the depository in the account from which the
investment was made and properly reported to the commission and the
appropriate county elections officer ((prior to)) before any further
disposition or expenditure ((thereof)).
(4) Accumulated unidentified contributions, other than those made
by persons whose names must be maintained on a separate and private
list by a political committee's treasurer pursuant to RCW
42.17.090(1)(b) (as recodified by this act), ((which total)) in excess
of one percent of the total accumulated contributions received in the
current calendar year, or three hundred dollars ((()), whichever is
more(())), may not be deposited, used, or expended, but shall be
returned to the donor((,)) if his or her identity can be ascertained.
If the donor cannot be ascertained, the contribution shall escheat to
the state((,)) and shall be paid to the state treasurer for deposit in
the state general fund.
(((5) A contribution of more than fifty dollars in currency may not
be accepted unless a receipt, signed by the contributor and by the
candidate, treasurer, or deputy treasurer, is prepared and made a part
of the campaign's or political committee's financial records.))
Sec. 406 RCW 42.17.065 and 2000 c 237 s 1 are each amended to
read as follows:
(1) In addition to the provisions of this section, a continuing
political committee shall file and report on the same conditions and at
the same times as any other committee in accordance with the provisions
of RCW 42.17.040, 42.17.050, and 42.17.060 (as recodified by this act).
(2) A continuing political committee shall file ((with the
commission and the auditor or elections officer of the county in which
the committee maintains its office or headquarters and if there is no
such office or headquarters then in the county in which the committee
treasurer resides)) a report on the tenth day of ((the)) each month
detailing ((its activities)) expenditures made and contributions
received for the preceding calendar month ((in which the committee has
received a contribution or made an expenditure: PROVIDED, That such)).
This report ((shall)) need only be filed if either the total
contributions received or total expenditures made since the last such
report exceed two hundred dollars((: PROVIDED FURTHER, That after
January 1, 2002, if the committee files with the commission
electronically, it need not also file with the county auditor or
elections officer)). The report must be filed with the commission and
the auditor or elections officer of the county in which the committee
maintains its office or headquarters. If the committee does not have
an office or headquarters, the report must be filed in the county where
the committee treasurer resides. However, if the committee files with
the commission electronically, it need not also file with the county
auditor or elections officer. The report shall be on a form supplied
by the commission and shall include the following information:
(a) The information required by RCW 42.17.090 (as recodified by
this act);
(b) Each expenditure made to retire previously accumulated debts of
the committee((;)) identified by recipient, amount, and date of
payments;
(c) ((Such)) Other information ((as)) the commission shall
prescribe by rule ((prescribe)).
(3) If a continuing political committee ((shall)) makes a
contribution in support of or in opposition to a candidate or ballot
proposition within sixty days ((prior to)) before the date ((on which
such)) that the candidate or ballot proposition will be voted upon,
((such continuing political)) the committee shall report pursuant to
RCW 42.17.080 (as recodified by this act).
(4) A continuing political committee shall file reports as required
by this chapter until it is dissolved, at which time a final report
shall be filed. Upon submitting a final report, the duties of the
((campaign)) treasurer shall cease and there shall be no obligation to
make any further reports.
(5) The ((campaign)) treasurer shall maintain books of account,
current within five business days, that accurately ((reflecting))
reflect 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 any election((, for which)) that the
committee has received any contributions or made any expenditures, the
books of account shall be kept current within one business day and
shall be open for public inspection in the same manner as provided for
candidates and other political committees in RCW 42.17.080(5) (as
recodified by this act).
(6) All reports filed pursuant to this section shall be certified
as correct by the ((campaign)) treasurer.
(7) The ((campaign)) treasurer 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.
Sec. 407 RCW 42.17.067 and 1989 c 280 s 6 are each amended to
read as follows:
(1) Fund-raising activities ((which meet)) meeting the standards of
subsection (2) of this section may be reported in accordance with the
provisions of this section in lieu of reporting in accordance with RCW
42.17.080 (as recodified by this act).
(2) Standards:
(a) The activity consists of one or more of the following:
(i) ((The retail)) A sale of goods or services sold at a reasonable
approximation of the fair market value of each item or service ((sold
at the activity)); or
(ii) A gambling operation ((which)) that is licensed, conducted, or
operated in accordance with the provisions of chapter 9.46 RCW; or
(iii) A gathering where food and beverages are purchased((, where))
and the price of admission or the per person charge for the food and
beverages is no more than twenty-five dollars; or
(iv) A concert, dance, theater performance, or similar
entertainment event ((where)) and the price of admission is no more
than twenty-five dollars; or
(v) An auction or similar sale ((where)) for which the total fair
market value of items donated by any person ((for sale)) is no more
than fifty dollars; and
(b) No person responsible for receiving money at ((such)) the fund-raising activity knowingly accepts payments from a single person at or
from such an activity to the candidate or committee aggregating more
than fifty dollars unless the name and address of the person making
((such)) the payment, together with the amount paid to the candidate or
committee, are disclosed in the report filed pursuant to subsection (6)
of this section; and
(c) ((Such)) Any other standards ((as shall be)) established by
rule of the commission to prevent frustration of the purposes of this
chapter.
(3) All funds received from a fund-raising activity ((which)) that
conforms with subsection (2) of this section ((shall)) must be
deposited in the depository within five business days of receipt by the
treasurer or deputy treasurer ((in the depository)).
(4) At the time reports are required under RCW 42.17.080 (as
recodified by this act), the treasurer or deputy treasurer making the
deposit shall file with the commission and the appropriate county
elections officer a report of the fund-raising activity which ((shall))
must contain the following information:
(a) The date of the activity;
(b) A precise description of the fund-raising methods used in the
activity; and
(c) The total amount of cash receipts from persons, each of whom
paid no more than fifty dollars.
(5) The treasurer or deputy treasurer shall certify the report is
correct.
(6) The treasurer shall report pursuant to RCW 42.17.080 and
42.17.090 (as recodified by this act):
(a) The name and address and the amount contributed ((of)) by each
person ((who contributes)) contributing goods or services with a fair
market value of more than fifty dollars to a fund-raising activity
reported under subsection (4) of this section((,)); and
(b) The name and address ((of)) and the amount paid by each person
whose identity can be ascertained, ((and the amount paid, from whom
were knowingly received payments)) who made a contribution to the
candidate or committee aggregating more than fifty dollars at or from
such a fund-raising activity.
Sec. 408 RCW 42.17.080 and 2008 c 73 s 1 are each amended to read
as follows:
(1) In addition to the information required under RCW 42.17.040 and
42.17.050 (as recodified by this act), on the day the treasurer is
designated, each candidate or political committee ((shall)) must 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)) or in
the county in which the treasurer resides if there is no office or
headquarters, a report containing the information required by RCW
42.17.090 (as recodified by this act) at the following intervals:
(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; 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)) only 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
one 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)) of the special election ((is held)), or
for the period beginning the first day of the fifth month before the
date ((on which)) of the general election ((is held)), and ending on
the date of that special or general election, each Monday the treasurer
shall file with the commission and the appropriate county elections
officer a report of each bank deposit made during 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)) persons who contribute no
more than twenty-five dollars in the aggregate ((from any one person
may be deposited without identifying the contributor)) are not required
to be identified in the report. 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 for
his or her records. Each report shall be certified as correct by the
treasurer or deputy treasurer making the deposit.
(4) If a city requires that candidates or committees for city
offices file reports with a city agency, the candidate or treasurer
((so filing need not also)) complying with the requirement does not
need to file the report with the county auditor or elections officer.
(5) 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. As specified in
the committee's statement of organization filed under RCW 42.17.040 (as
recodified by this act), the books of account must be open for public
inspection by appointment at the designated place for inspections
between 8:00 a.m. and 8:00 p.m. on any day from the eighth day
immediately before the election through the day immediately before the
election, other than Saturday, Sunday, or a legal holiday. It is a
violation of this chapter for a candidate or political committee to
refuse to allow and keep an appointment for an inspection to be
conducted during these authorized times and days. The appointment must
be allowed at an authorized time and day for such inspections that is
within twenty-four hours of the time and day that is requested for the
inspection.
(6) ((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.)) Copies of all reports filed pursuant to this section shall be
readily available for public inspection ((
(7) All reports filed pursuant to subsection (1) or (2) of this
section shall be certified as correct by the candidate and the
treasurer.
(8)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)) by appointment, pursuant
to subsection (5) of this section, 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.
(((9) After January 1, 2002,)) (7) A report that is filed with the
commission electronically need not also be filed with the county
auditor or elections officer.
(((10) 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.))
(8) 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.
(9) All reports filed pursuant to subsection (1) or (2) of this
section shall be certified as correct by the candidate and the
treasurer.
(10) When there is no outstanding debt or obligation, the campaign
fund is closed, and the campaign is concluded in all respects or 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 is no obligation to make any further reports.
Sec. 409 RCW 42.17.090 and 2003 c 123 s 1 are each amended to
read as follows:
(((1))) Each report required under RCW 42.17.080 (1) and (2) (as
recodified by this act) must be certified as correct by the treasurer
and the candidate and shall disclose the following:
(((a))) (1) The funds on hand at the beginning of the period;
(((b))) (2) 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)) each contribution((s)) 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)), with the following exceptions:
(a) Pledges in the aggregate of less than one hundred dollars from
any one person need not be reported((: PROVIDED FURTHER, That the));
(b) Income ((which)) that results from a fund-raising activity
conducted in accordance with RCW 42.17.067 (as recodified by this act)
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)) (as recodified by this act);
(c) 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)) if the ((campaign)) treasurer
maintains a separate and private list of the name, address, and amount
of each such contributor((: PROVIDED FURTHER, That)); and
(d) The money value of contributions of postage shall be the face
value of ((such)) the postage;
(((c))) (3) 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)) including 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))) (4) All other contributions not otherwise listed or
exempted;
(((e))) (5) The name and address of each candidate or political
committee to which any transfer of funds was made, ((together with))
including the amounts and dates of ((such)) the transfers;
(((f))) (6) 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 also contain)), and the total sum of all
expenditures;
(((g))) (7) The name and address of each person ((to whom any
expenditure was made directly or indirectly to compensate the person))
directly compensated for soliciting or procuring signatures on an
initiative or referendum petition, the amount of ((such)) the
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) whether the expenditures are or
are not also)) in addition to what is required to be reported under
(((f) of this)) subsection (6) of this section;
(((h))) (8) 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))) (9) The surplus or deficit of contributions over
expenditures;
(((j))) (10) The disposition made in accordance with RCW 42.17.095
(as recodified by this act) of any surplus funds; and
(((k) Such)) (11) Any other information ((as shall be)) required by
the commission by rule in conformance with the policies and purposes of
this chapter.
(((2) The treasurer and the candidate shall certify the correctness
of each report.))
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.)) 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 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.
(2) Beginning January 1, 2004,
(((3))) (2) Failure by a candidate or political committee to comply
with this section is a violation of this chapter.
Sec. 411 RCW 42.17.093 and 2006 c 348 s 6 are each amended to
read as follows:
(1) An out-of-state political committee organized for the purpose
of supporting or opposing candidates or ballot propositions in another
state that is not otherwise required to report under RCW 42.17.040
through 42.17.090 (as recodified by this act) shall report as required
in this section when it makes an expenditure supporting or opposing a
Washington state candidate or political committee. The committee shall
file with the commission a statement disclosing:
(a) Its name and address;
(b) The purposes of the out-of-state committee;
(c) The names, addresses, and titles of its officers or, if it has
no officers, the names, addresses, and the titles of its responsible
leaders;
(d) The name, office sought, and party affiliation of each
candidate in the state of Washington whom the out-of-state committee is
supporting or opposing and, if ((such)) the committee is supporting or
opposing the entire ticket of any party, the name of the party;
(e) The ballot proposition supported or opposed in the state of
Washington, if any, and whether ((such)) the committee is in favor of
or opposed to ((such)) that proposition;
(f) The name and address of each person residing in the state of
Washington or corporation ((which)) that 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 out-of-state
committee during the current calendar year, together with the money
value and date of ((such)) the contributions;
(g) The name, address, and employer of each person or corporation
residing outside the state of Washington who has made one or more
contributions in the aggregate of more than two thousand five hundred
fifty dollars to the out-of-state committee during the current calendar
year, together with the money value and date of ((such)) the
contributions. Annually, the commission must modify the two thousand
five hundred fifty dollar limit in this subsection based on percentage
change in the implicit price deflator for personal consumption
expenditures for the United States as published for the most recent
twelve-month period by the bureau of economic analysis of the federal
department of commerce;
(h) The name and address of each person in the state of Washington
to whom an expenditure was made by the out-of-state committee with
respect to a candidate or political committee in the aggregate amount
of more than fifty dollars, the amount, date, and purpose of ((such))
the expenditure, and the total sum of ((such)) the expenditures; and
(i) ((Such)) Any other information as the commission may prescribe
by rule in keeping with the policies and purposes of this chapter.
(2) Each statement shall be filed no later than the tenth day of
the month following any month in which a contribution or other
expenditure reportable under subsection (1) of this section is made.
An out-of-state committee incurring an obligation to file additional
statements in a calendar year may satisfy the obligation by timely
filing reports that supplement previously filed information.
Sec. 412 RCW 42.17.100 and 1995 c 397 s 28 are each amended to
read as follows:
(1) For the purposes of this section and RCW 42.17.550 ((the term))
(as recodified by this act), "independent 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 (as
recodified by this act). "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
expenditure that by itself or when added to all other ((such))
independent 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 expenditure for which no
reasonable estimate of monetary value is practicable, whichever occurs
first, the person who made the independent 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
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
expenditures made during the campaign ((prior to)) before 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
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
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 expenditure since the date of
the last previous report filed.
(4) The report filed pursuant to ((paragraph (a) of this))
subsection (3)(a) of this section 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))) (5) All reports filed pursuant to this section shall be
certified as correct by the reporting person.
(((5))) (6) 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 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
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 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 expenditures made during the
campaign to date; and
(d) ((Such)) Any other information ((as shall be required by)) the
commission may require by rule ((in conformance with the policies and
purposes of this chapter)).
Sec. 413 RCW 42.17.103 and 2005 c 445 s 7 are each amended to
read as follows:
(1) The sponsor of political advertising who, within twenty-one
days of an election, publishes, mails, or otherwise presents to the
public political advertising supporting or opposing a candidate or
ballot proposition that qualifies as an independent expenditure with a
fair market value of one thousand dollars or more shall deliver, either
electronically or in written form, a special report to the commission
within twenty-four hours of, or on the first working day after, the
date the political advertising is first published, mailed, or otherwise
presented to the public.
(2) If a sponsor is required to file a special report under this
section, the sponsor shall also deliver to the commission within the
delivery period established in subsection (1) of this section a special
report for each subsequent independent expenditure of any size
supporting or opposing the same candidate who was the subject of the
previous independent expenditure, supporting or opposing that
candidate's opponent, or supporting or opposing the same ballot
proposition that was the subject of the previous independent
expenditure.
(3) The special report must include ((at least)):
(a) The name and address of the person making the expenditure;
(b) The name and address of the person to whom the expenditure was
made;
(c) A detailed description of the expenditure;
(d) The date the expenditure was made and the date the political
advertising was first published or otherwise presented to the public;
(e) The amount of the expenditure;
(f) The name of the candidate supported or opposed by the
expenditure, the office being sought by the candidate, and whether the
expenditure supports or opposes the candidate; or the name of the
ballot proposition supported or opposed by the expenditure and whether
the expenditure supports or opposes the ballot proposition; and
(g) Any other information the commission may require by rule.
(4) All persons required to report under RCW 42.17.065, 42.17.080,
42.17.090, 42.17.100, and 42.17.565 (as recodified by this act) are
subject to the requirements of this section. The commission may
determine that reports filed pursuant to this section also satisfy the
requirements of RCW 42.17.100 (as recodified by this act).
(5) The sponsor of independent expenditures supporting a candidate
or opposing that candidate's opponent required to report under this
section shall file with each required report an affidavit or
declaration of the person responsible for making the independent
expenditure that the expenditure was not made in cooperation,
consultation, or concert with, or at the request or suggestion of, the
candidate, the candidate's authorized committee, or the candidate's
agent, or with the encouragement or approval of the candidate, the
candidate's authorized committee, or the candidate's agent.
Sec. 414 RCW 42.17.105 and 2001 c 54 s 2 are each amended to read
as follows:
(1) ((Campaign)) Treasurers shall prepare and deliver to the
commission a special report ((regarding any)) when a contribution or
aggregate of contributions ((which: Is)) totals one thousand dollars
or more((;)), is from a single person or entity((;)), and is received
during a special reporting period.
((Any)) (2) A political committee ((making)) shall prepare and
deliver to the commission a special report when it makes a contribution
or an aggregate of contributions to a single entity ((which is)) that
totals one thousand dollars or more ((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:)) (3) An aggregate of
contributions includes only those contributions made to or received
from a single entity during any one special reporting period. Any
subsequent contribution of any size made to or received from the same
person or entity during the special reporting period must also be
reported.
(a) Each of the following intervals is a
(4) Special reporting periods, for purposes of this section,
include: (((i)))
(a) The ((interval beginning after the)) period ((covered by))
beginning on the day after the last report required by RCW 42.17.080
and 42.17.090 (as recodified by this act) to be filed before a primary
and concluding on the end of the day before that primary; ((and (ii)))
(b) The ((interval composed of the)) period twenty-one days
preceding a general election; and
(((b))) (c) 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))) (5) 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))
(6) Special reports required by this section shall be delivered
electronically or in written form, including but not limited to
mailgram, telegram, or nightletter. The special report may be
transmitted orally by telephone to the commission if the written form
of the report is postmarked and mailed to the commission or the
electronic filing is transferred to the commission within the delivery
periods established in (a) and (b) of this subsection.
(a) The special report required of a contribution recipient ((by))
under 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 of one thousand dollars or more is
received by the candidate or treasurer; the aggregate received by the
candidate or treasurer first equals one thousand dollars or more; or
((the)) any subsequent contribution ((that must be reported under
subsection (2) of this section)) from the same source is received by
the candidate or treasurer.
(b) The special report required of a contributor ((by)) under
subsection (((1))) (2) of this section or RCW 42.17.175 (as recodified
by this act) 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 equals one thousand dollars or more; or ((the)) any subsequent
contribution ((that must be reported under subsection (2) of this
section)) to the same person or entity 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.)) (7) The special report shall include ((
(5)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))) (8) Contributions reported under this section shall also be
reported as required by other provisions of this chapter.
(((7))) (9) The commission shall prepare daily a summary of the
special reports made under this section and RCW 42.17.175 (as
recodified by this act).
(((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 statewide 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 bona fide political party as defined in this chapter,
excluding the county central committee or legislative district
committee.)) (10) 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 (as
recodified by this act).
(9)
Sec. 415 RCW 42.17.550 and 1993 c 2 s 23 are each amended to read
as follows:
A person or entity, other than a party organization making an
independent expenditure ((by)) that consists of mailing one thousand or
more identical or nearly identical cumulative pieces of political
advertising in a single calendar year shall((,))report that activity.
The report must be made within two working days after the date of the
mailing, ((file a statement)) disclosing the number of pieces in the
mailing and an example of the mailed political advertising ((with)).
The report must be sent to the election officer of the county ((or)) of
residence ((for)) of 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 report must be sent to the county of residence ((for))
of the person making the expenditure.
Sec. 416 RCW 42.17.135 and 1989 c 280 s 13 are each amended to
read as follows:
A ((candidate or)) political committee receiving a contribution
earmarked for the benefit of ((another)) a candidate or another
political committee shall:
(1) Report the contribution as required in RCW 42.17.080 and
42.17.090 (as recodified by this act);
(2) Complete a report, entitled "Earmarked contributions," on a
form prescribed by the commission ((by rule, which)) that identifies
the name and address of the person who made the contribution, the
candidate or political committee for whose benefit the contribution is
earmarked, the amount of the contribution, and the date ((on which))
that the contribution was received; and
(3) ((Notify)) Mail or deliver to the commission and the candidate
or political committee ((for whose benefit)) benefiting from the
contribution ((is earmarked regarding the receipt of the contribution
by mailing or delivering to the commission and to the candidate or
committee)) a copy of the "Earmarked contributions" report within two
working days of receipt of the contribution. ((Such notice shall be
given within two working days of receipt of the contribution.))
(4) A candidate or political committee receiving notification of an
earmarked contribution under subsection (3) of this section shall
report the contribution, once notification of the contribution is
received by the candidate or committee, in the same manner as ((the
receipt of)) any other contribution ((is disclosed in reports)), as
required by RCW 42.17.080 and 42.17.090 (as recodified by this act).
Sec. 501 RCW 42.17.561 and 2005 c 445 s 1 are each amended to
read as follows:
(1) The legislature finds that:
(((1))) (a) Timely disclosure to voters of the identity and sources
of funding for electioneering communications is vitally important to
the integrity of state, local, and judicial elections.
(((2))) (b) Electioneering communications that identify political
candidates for state, local, or judicial office and that are
distributed sixty days before an election for those offices are
intended to influence voters and the outcome of those elections.
(((3))) (c) The state has a compelling interest in providing voters
information about electioneering communications in political campaigns
concerning candidates for state, local, or judicial office so that
voters can be fully informed as to the: (((a))) (i) Source of support
or opposition to those candidates; and (((b))) (ii) identity of persons
attempting to influence the outcome of state, local, and judicial
candidate elections.
(((4))) (d) Nondisclosure of financial information about
advertising that masquerades as relating only to issues and not to
candidate campaigns fosters corruption or the appearance of corruption.
These consequences can be substantially avoided by full disclosure of
the identity and funding of those persons paying for such advertising.
(((5))) (e) The United States supreme court held in McConnell et
al. v. Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157
L.Ed.2d 491 (2003) that speakers seeking to influence elections do not
possess an inviolable free speech right to engage in electioneering
communications regarding elections, including when issue advocacy is
the functional equivalent of express advocacy. Therefore, such
election campaign communications can be regulated and the source of
funding disclosed.
(((6))) (f) The state ((also)) has a sufficiently compelling
interest in preventing corruption in political campaigns to justify and
restore contribution limits and restrictions on the use of soft money
in RCW 42.17.640 (as recodified by this act). Those interests include
restoring restrictions on the use of such funds for electioneering
communications, as well as the laws preventing circumvention of those
limits and restrictions.
(2) Based upon the findings in this section, chapter 445, Laws of
2005 is narrowly tailored to accomplish the following and is intended
to:
(a) Improve the disclosure to voters of information concerning
persons and entities seeking to influence state, local, and judicial
campaigns through reasonable and effective mechanisms, including
improving disclosure of the source, identity, and funding of
electioneering communications concerning state, local, and judicial
candidate campaigns;
(b) Regulate electioneering communications that mention state,
local, and judicial candidates and that are broadcast, mailed, erected,
distributed, or otherwise published right before the election so that
the public knows who is paying for such communications;
(c) Reenact and amend the contribution limits in RCW 42.17.640 (7)
and (15) (as recodified by this act) and the restrictions on the use of
soft money, including as applied to electioneering communications, as
those limits and restrictions were in effect following the passage of
chapter 2, Laws of 1993 (Initiative Measure No. 134) and before the
state supreme court decision in Washington State Republican Party v.
Washington State Public Disclosure Commission, 141 Wn.2d 245, 4 P.3d
808 (2000). The commission is authorized to fully restore the
implementation of the limits and restrictions of RCW 42.17.640 (7) and
(15) (as recodified by this act) in light of McConnell et al. v.
Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157 L.Ed.2d
491 (2003). The United States supreme court upheld the disclosure and
regulation of electioneering communications in political campaigns,
including but not limited to issue advocacy that is the functional
equivalent of express advocacy; and
(d) Authorize the commission to adopt rules to implement chapter
445, Laws of 2005.
Sec. 502 RCW 42.17.565 and 2005 c 445 s 3 are each amended to
read as follows:
(1) A payment for or promise to pay for any electioneering
communication shall be reported to the commission by the sponsor on
forms the commission shall develop by rule to include, at a minimum,
the following information:
(a) Name and address of the sponsor;
(b) Source of funds for the communication, including:
(i) General treasury funds. The name and address of businesses,
unions, groups, associations, or other organizations using general
treasury funds for the communication, however, if a business, union,
group, association, or other organization undertakes a special
solicitation of its members or other persons for an electioneering
communication, or it otherwise receives funds for an electioneering
communication, that entity shall report pursuant to (b)(ii) of this
subsection;
(ii) Special solicitations and other funds. The name, address,
and, for individuals, occupation and employer, of a person whose funds
were used to pay for the electioneering communication, along with the
amount, if such funds from the person have exceeded two hundred fifty
dollars in the aggregate for the electioneering communication; and
(iii) Any other source information required or exempted by the
commission by rule;
(c) Name and address of the person to whom an electioneering
communication related expenditure was made;
(d) A detailed description of each expenditure of more than one
hundred dollars;
(e) The date the expenditure was made and the date the
electioneering communication was first broadcast, transmitted, mailed,
erected, distributed, or otherwise published;
(f) The amount of the expenditure;
(g) The name of each candidate clearly identified in the
electioneering communication, the office being sought by each
candidate, and the amount of the expenditure attributable to each
candidate; and
(h) Any other information the commission may require or exempt by
rule.
(2) Electioneering communications shall be reported as follows:
The sponsor of an electioneering communication shall report to the
commission within twenty-four hours of, or on the first working day
after, the date the electioneering communication is broadcast,
transmitted, mailed, erected, distributed, or otherwise published.
(3) Electioneering communications shall be reported electronically
by the sponsor using software provided or approved by the commission.
The commission may make exceptions on a case-by-case basis for a
sponsor who lacks the technological ability to file reports using the
electronic means provided or approved by the commission.
(4) All persons required to report under RCW 42.17.065, 42.17.080,
42.17.090, and 42.17.100 (as recodified by this act) are subject to the
requirements of this section, although the commission may determine by
rule that persons filing according to those sections may be exempt from
reporting some of the information otherwise required by this section.
The commission may determine that reports filed pursuant to this
section also satisfy the requirements of RCW 42.17.100 and 42.17.103
(as recodified by this act).
(5) Failure of any sponsor to report electronically under this
section shall be a violation of this chapter.
Sec. 503 RCW 42.17.570 and 2005 c 445 s 4 are each amended to
read as follows:
(1) An electioneering communication made by a person in
cooperation, consultation, or concert with, or at the request or
suggestion of, a candidate, a candidate's authorized committee, or
their agents is a contribution to the candidate.
(2) An electioneering communication made by a person in
cooperation, consultation, or concert with, or at the request or
suggestion of, a political committee or its agents is a contribution to
the political committee.
(3) If an electioneering communication is not a contribution
pursuant to subsection (1) or (2) of this section, the sponsor shall
file an affidavit or declaration so stating at the time the sponsor is
required to report the electioneering communication expense under RCW
42.17.565 (as recodified by this act).
Sec. 504 RCW 42.17.575 and 2005 c 445 s 5 are each amended to
read as follows:
(1) The sponsor of an electioneering communication shall preserve
all financial records relating to the communication, including books of
account, bills, receipts, contributor information, and ledgers, for not
less than five calendar years following the year in which the
communication was broadcast, transmitted, mailed, erected, or otherwise
published.
(2) All reports filed under RCW 42.17.565 (as recodified by this
act) shall be certified as correct by the sponsor. If the sponsor is
an individual using his or her own funds to pay for the communication,
the certification shall be signed by the individual. If the sponsor is
a political committee, the certification shall be signed by the
committee treasurer. If the sponsor is another entity, the
certification shall be signed by the individual responsible for
authorizing the expenditure on the entity's behalf.
Sec. 505 RCW 42.17.510 and 2005 c 445 s 9 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 for the sponsor of
electioneering communications, independent expenditures, or political
advertising ((shall be)) is unlawful. For partisan office, if a
candidate has expressed a party or independent preference on the
declaration of candidacy, that party or independent designation shall
be clearly identified in electioneering communications, independent
expenditures, or political advertising.
(2) In addition to the materials required by subsection (1) of this
section, except as specifically addressed in subsections (4) and (5) of
this section, all political advertising undertaken as an independent
expenditure by a person or entity other than a party organization, and
all electioneering communications, must include the following statement
as part of 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 or electioneering
communication 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 in excess of seven
hundred dollars reportable under this chapter during the twelve-month
period before the date of the advertisement or communication.
(3) The statements and listings of contributors required by
subsections (1) and (2) of this section shall:
(a) Appear on the first page or fold of the written advertisement
or communication in at least ten-point type, or in type at least ten
percent of the largest size type used in a written advertisement or
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; and
(c) Be set apart from any other printed matter.
(4) In an independent expenditure or electioneering communication
transmitted via television or other medium that includes a visual
image, the following statement must either be clearly spoken, or appear
in print and be visible for at least four seconds, appear in letters
greater than four percent of the visual screen height, and have a
reasonable color contrast with the background: "No candidate
authorized this ad. Paid for by (name, city, state)." If the
advertisement or communication 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
in excess of seven hundred dollars reportable under this chapter during
the twelve-month period before the date of the advertisement.
Abbreviations may be used to describe contributing entities if the full
name of the entity has been clearly spoken previously during the
broadcast advertisement.
(5) The following statement shall be clearly spoken in an
independent expenditure or electioneering communication transmitted by
a method that does not include a visual image: "No candidate
authorized this ad. Paid for by (name, city, state)." If the
independent expenditure or electioneering communication is undertaken
by a nonindividual other than a party organization, then the following
statement must also be included: "Top Five Contributors" followed by
a listing of the names of the five persons or entities making the
largest contributions in excess of seven hundred dollars reportable
under this chapter during the twelve-month period before the date of
the advertisement. Abbreviations may be used to describe contributing
entities if the full name of the entity has been clearly spoken
previously during the broadcast advertisement.
(6) 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.
(7) For the purposes of this section, "yard sign" means any outdoor
sign with dimensions no greater than eight feet by four feet.
Sec. 506 RCW 42.17.520 and 1984 c 216 s 2 are each amended to
read as follows:
At least one picture of the candidate used in any political
advertising shall have been taken within the last five years and shall
be no smaller than ((the largest)) any other picture of the same
candidate used in the same advertisement.
Sec. 507 RCW 42.17.540 and 1984 c 216 s 4 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
responsibility for compliance with RCW 42.17.510 through 42.17.530 (as
recodified by this act) shall ((rest)) be with the sponsor of the
political advertising and not with the broadcasting station or other
medium.
(2) If a broadcasting station or other medium changes the content
of a political advertisement, the station or medium shall be
responsible for any failure of the advertisement to comply with RCW
42.17.510 through 42.17.530 (as recodified by this act) that results
from that change.
Sec. 508 RCW 42.17.110 and 2005 c 445 s 8 are each amended to
read as follows:
(1) Each commercial advertiser who has accepted or provided
political advertising or electioneering communications during the
election campaign shall maintain documents and books of account that
shall be open for public inspection during normal business hours during
the campaign and for a period of no less than three years after the
date of the applicable election((, during normal business hours,)).
The documents and books of account ((which)) shall specify:
(a) The names and addresses of persons from whom it accepted
political advertising or electioneering communications;
(b) The exact nature and extent of the services rendered; and
(c) The ((consideration)) total cost and the manner of ((paying
that consideration for such)) payment for the services.
(2) At the request of the commission, each commercial advertiser
((which must)) required to comply with subsection (1) of this section
shall deliver to the commission((, upon its request,)) copies of
((such)) the information ((as)) that must be maintained and be open for
public inspection pursuant to subsection (1) of this section.
Sec. 601 RCW 42.17.610 and 1993 c 2 s 1 are each amended to read
as follows:
(1) The people of the state of Washington find and declare that:
(((1))) (a) The financial strength of certain individuals or
organizations should not permit them to exercise a disproportionate or
controlling influence on the election of candidates.
(((2))) (b) Rapidly increasing political campaign costs have led
many candidates to raise larger percentages of money from special
interests with a specific financial stake in matters before state
government. This has caused the public perception that decisions of
elected officials are being improperly influenced by monetary
contributions.
(((3))) (c) Candidates are raising less money in small
contributions from individuals and more money from special interests.
This has created the public perception that individuals have an
insignificant role to play in the political process.
(2) By limiting campaign contributions, the people intend to:
(a) Ensure that individuals and interest groups have fair and equal
opportunity to influence elective and governmental processes;
(b) Reduce the influence of large organizational contributors; and
(c) Restore public trust in governmental institutions and the
electoral process.
Sec. 602 RCW 42.17.640 and 2006 c 348 s 1 are each amended to
read as follows:
(1) The contribution limits in this section apply to:
(a) Candidates for ((state)) legislative office;
(b) Candidates for state office other than ((state)) legislative
office;
(c) Candidates for county office in a county that has over two
hundred thousand registered voters;
(d) Candidates for special purpose district office if that district
is authorized to provide freight and passenger transfer and terminal
facilities and that district has over two hundred thousand registered
voters;
(e) Persons holding an office in (a) through (d) of this subsection
against whom recall charges have been filed or to a political committee
having the expectation of making expenditures in support of the recall
of a person holding the office;
(f) Caucus political committees;
(g) Bona fide political parties.
(2) No person, other than a bona fide political party or a caucus
political committee, may make contributions to a candidate for a
((state)) legislative office or county office that in the aggregate
exceed ((seven)) eight hundred dollars or to a candidate for a public
office in a special purpose district or a state office other than a
((state)) legislative office that in the aggregate exceed one thousand
((four)) six hundred dollars for each election in which the candidate
is on the ballot or appears as a write-in candidate. Contributions to
candidates subject to the limits in this section made with respect to
a primary may not be made after the date of the primary. However,
contributions to a candidate or a candidate's authorized committee may
be made with respect to a primary until thirty days after the primary,
subject to the following limitations: (a) The candidate lost the
primary; (b) the candidate's authorized committee has insufficient
funds to pay debts outstanding as of the date of the primary; and (c)
the contributions may only be raised and spent to satisfy the
outstanding debt. Contributions to candidates subject to the limits in
this section made with respect to a general election may not be made
after the final day of the applicable election cycle.
(3) No person, other than a bona fide political party or a caucus
political committee, may make contributions to a state official, a
county official, or a public official in a special purpose district
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, county official, or public official
in a special purpose district during a recall campaign that in the
aggregate exceed ((seven)) eight hundred dollars if for a ((state))
legislative office or county office or one thousand ((four)) six
hundred dollars if for a special purpose district office or a state
office other than a ((state)) legislative office.
(4)(a) Notwithstanding subsection (2) of this section, no bona fide
political party or caucus political committee may make contributions to
a candidate during an election cycle that in the aggregate exceed (i)
((seventy)) eighty cents multiplied by the number of eligible
registered voters in the jurisdiction from which the candidate is
elected if the contributor is a caucus political committee or the
governing body of a state organization, or (ii) ((thirty-five)) forty
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 ((thirty-five)) forty cents times the number of registered
voters in the jurisdiction from which the candidate is elected.
(5)(a) Notwithstanding subsection (3) of this section, no bona fide
political party or caucus political committee may make contributions to
a state official, county official, or a public official in a special
purpose district against whom recall charges have been filed, or to a
political committee having the expectation of making expenditures in
support of the state official, county official, or a public official in
a special purpose district during a recall campaign that in the
aggregate exceed (i) ((seventy)) eighty cents multiplied by the number
of eligible registered voters in the jurisdiction entitled to recall
the state official if the contributor is a caucus political committee
or the governing body of a state organization, or (ii) ((thirty-five))
forty 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 official holding an office specified in subsection (1) of
this section 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 the
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 ((thirty-five)) forty cents multiplied by the number of registered voters in the
jurisdiction from which the candidate is elected.
(6) For purposes of determining contribution limits under
subsections (4) and (5) 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.
(7) Notwithstanding subsections (2) through (5) of this section, no
person other than an individual, bona fide political party, or caucus
political committee may make contributions reportable under this
chapter to a caucus political committee that in the aggregate exceed
((seven)) eight hundred dollars in a calendar year or to a bona fide
political party that in the aggregate exceed ((three)) four thousand
((five hundred)) dollars in a calendar year. This subsection does not
apply to loans made in the ordinary course of business.
(8) For the purposes of RCW 42.17.640 through 42.17.790 (as
recodified by this act), a contribution to the authorized political
committee of a candidate or of an official specified in subsection (1)
of this section against whom recall charges have been filed is
considered to be a contribution to the candidate or official.
(9) A contribution received within the twelve-month period after a
recall election concerning an office specified in subsection (1) of
this section 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.
(10) The contributions allowed by subsection (3) of this section
are in addition to those allowed by subsection (2) of this section, and
the contributions allowed by subsection (5) of this section are in
addition to those allowed by subsection (4) of this section.
(11) RCW 42.17.640 through 42.17.790 (as recodified by this act)
apply to a special election conducted to fill a vacancy in an office
specified in subsection (1) of this section. 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.
(12) 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 state office
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.
(13) 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 specified in
subsection (1) of this section, or an official specified in subsection
(1) of this section against whom recall charges have been filed, or
political committee having the expectation of making expenditures in
support of the recall of an official specified in subsection (1) of
this section if the county central committee or legislative district
committee is outside of the jurisdiction entitled to elect the
candidate or recall the official.
(14) No person may accept contributions that exceed the
contribution limitations provided in this section.
(15) 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. 603 RCW 42.17.645 and 2006 c 348 s 2 are each amended to
read as follows:
(1) No person may make contributions to a candidate for judicial
office that in the aggregate exceed one thousand ((four)) six hundred
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. However,
contributions to a candidate or a candidate's authorized committee may
be made with respect to a primary until thirty days after the primary,
subject to the following limitations: (a) The candidate lost the
primary; (b) the candidate's authorized committee has insufficient
funds to pay debts outstanding as of the date of the primary; and (c)
the contributions may only be raised and spent to satisfy the
outstanding debt. Contributions made with respect to a general
election may not be made after the final day of the applicable election
cycle.
(2) This section through RCW 42.17.790 (as recodified by this act)
apply to a special election conducted to fill a vacancy in an 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 will 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.
(3) No person may accept contributions that exceed the contribution
limitations provided in this section.
(4) The dollar limits in this section must be adjusted according to
RCW 42.17.690 (as recodified by this act).
NEW SECTION. Sec. 604
(2) 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 (as
recodified by this act).
Sec. 605 RCW 42.17.070 and 2007 c 358 s 3 are each amended to
read as follows:
No expenditures may be made or incurred by any candidate or
political committee ((except on the authority of)) unless authorized by
the candidate or the person or persons named on the candidate's or
committee's registration form((, and)). A record of all such
expenditures shall be maintained by the treasurer.
No expenditure of more than fifty dollars may be made in currency
unless a receipt, signed by the recipient and by the candidate or
treasurer, is prepared and made a part of the campaign's or political
committee's financial records.
Sec. 606 RCW 42.17.095 and 2005 c 467 s 1 are each amended to
read as follows:
The surplus funds of a candidate((,)) or ((of a political committee
supporting or opposing a candidate,)) a candidate's authorized
committee 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)) Using surplus, reimburse the candidate 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)) authorized committee. The committee
shall ((include)) maintain a copy of ((such)) this record ((when its
expenditure for such reimbursement is reported pursuant to RCW
42.17.090)) in accordance with RCW 42.17.080(6) (as recodified by this
act);
(3) Transfer the surplus without limit to a political party or to
a caucus 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, the ((oral history)) Washington state legacy project,
state library, and archives account under RCW 43.07.380, or the
legislative international trade account under RCW ((44.04.270))
43.15.050, as specified by the candidate or political committee; or
(6) Hold the surplus in the ((campaign)) depository or depositories
designated in accordance with ((RCW 42.17.050)) section 404 of this act
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)) (as recodified by this act).
If the candidate subsequently announces or publicly files for office,
the appropriate information ((as appropriate is)) must be reported to
the commission in accordance with RCW 42.17.040 through 42.17.090 (as
recodified by this act). 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 (as recodified by this act). 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.
NEW SECTION. Sec. 607
Sec. 608 RCW 42.17.125 and 1995 c 397 s 29 are each amended to
read as follows:
Contributions received and reported in accordance with RCW
42.17.060 through 42.17.090 (as recodified by this act) may only be
((transferred)) paid 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)) payments 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)) candidate or the ((individual's
political)) candidate's authorized committee in accordance with RCW
42.17.080 (as recodified by this act). ((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 (as
recodified by this act).
(3) Repayment of loans made by the individual to political
committees((, which repayment)) shall be reported pursuant to RCW
42.17.090 (as recodified by this act). However, contributions may not
be used to reimburse a candidate for loans totaling more than ((three))
four thousand seven hundred dollars made by the candidate to the
candidate's own ((political)) authorized committee ((or campaign)).
Sec. 609 RCW 42.17.660 and 2005 c 445 s 12 are each amended to
read as follows:
For purposes of this chapter:
(1) A contribution by a political committee with funds that have
all been contributed by one person who exercises exclusive control over
the distribution of the funds of the political committee is a
contribution by the controlling person.
(2) Two or more entities are treated as a single entity if one of
the two or more entities is a subsidiary, branch, or department of a
corporation that is participating in an election campaign or making
contributions, or a local unit or branch of a trade association, labor
union, or collective bargaining association that is participating in an
election campaign or making contributions. All contributions made by
a person or political committee whose contribution or expenditure
activity is financed, maintained, or controlled by a trade association,
labor union, collective bargaining organization, or the local unit of
a trade association, labor union, or collective bargaining organization
are considered made by the trade association, labor union, collective
bargaining organization, or local unit of a trade association, labor
union, or collective bargaining organization.
(3) The commission shall adopt rules to carry out this section and
is not subject to the time restrictions of RCW 42.17.370(1) (as
recodified by this act).
Sec. 610 RCW 42.17.720 and 1995 c 397 s 22 are each amended to
read as follows:
(1) A loan is considered to be a contribution from the lender and
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)) authorized 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, are not subject to the contribution limits of this chapter.
Sec. 611 RCW 42.17.740 and 1995 c 397 s 23 are each amended to
read as follows:
(1) A person may not make a contribution of more than ((fifty))
eighty 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. 612 RCW 42.17.790 and 1995 c 397 s 27 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)) authorized
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)) authorized 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 election((s)) 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)) authorized 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)) authorized 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 (as recodified by this
act).
Sec. 613 RCW 42.17.680 and 2002 c 156 s 1 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)) compensate an officer,
employee, or other person or entity, with the intention that the
increase in salary, or the ((emolument)) compensation, 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) 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. At least
annually, an employee from whom wages or salary are withheld under
subsection (3) of this section shall be notified of the provisions of
this subsection.
(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 employee may revoke
the request at any time. At least annually, the employee shall be
notified about the right to revoke the request.
(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. 701 RCW 42.17.130 and 2006 c 215 s 2 are each amended to
read as follows:
No elective official nor any employee of his (([or her])) or her
office nor 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, for the purpose of
assisting a campaign for election of any person to any office or for
the promotion of or opposition to any ballot proposition. Facilities
of a public office or agency include, but are not limited to, use of
stationery, postage, machines, and equipment, use of employees of the
office or agency during working hours, vehicles, office space,
publications of the office or agency, and clientele lists of persons
served by the office or agency. However, this does not apply to the
following activities:
(1) Action taken at an open public meeting by members of an elected
legislative body or by an elected board, council, or commission of a
special purpose district including, but not limited to, fire districts,
public hospital districts, library districts, park districts, port
districts, public utility districts, school districts, sewer districts,
and water districts, 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 so long as (a) any required
notice of the meeting includes the title and number of the ballot
proposition, and (b) members of the legislative body, members of the
board, council, or commission of the special purpose district, or
members of the public are afforded an approximately equal opportunity
for the expression of an opposing view;
(2) 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;
(3) Activities which are part of the normal and regular conduct of
the office or agency.
(4) This section does not apply to any person who is a state
officer or state employee as defined in RCW 42.52.010.
Sec. 702 RCW 42.17.245 and 2005 c 274 s 282 are each amended to
read as follows:
After January 1st and before April 15th of each calendar year, the
state treasurer, each county, public utility district, and port
district treasurer, and each treasurer of an incorporated city or town
whose population exceeds one thousand shall file with the commission:
(1) A statement under oath that no public funds under that
treasurer's control were invested in any institution where the
treasurer or, in the case of a county, a member of the county finance
committee, held during the reporting period an office, directorship,
partnership interest, or ownership interest; or
(2) A report disclosing for the previous calendar year: (a) The
name and address of each financial institution in which the treasurer
or, in the case of a county, a member of the county finance committee,
held during the reporting period an office, directorship, partnership
interest, or ownership interest which holds or has held during the
reporting period public accounts of the governmental entity for which
the treasurer is responsible; (b) the aggregate sum of time and demand
deposits held in each such financial institution on December 31; and
(c) the highest balance held at any time during such reporting
period((: PROVIDED, That)). The state treasurer shall disclose the
highest balance information only upon a public records request under
chapter 42.56 RCW. The statement or report required by this section
shall be filed either with the statement required under RCW 42.17.240
(as recodified by this act) or separately.
Sec. 801 RCW 42.17.150 and 1987 c 201 s 1 are each amended to
read as follows:
(1) Before ((doing any)) lobbying, or within thirty days after
being employed as a lobbyist, whichever occurs first, a lobbyist shall
register by filing with the commission a lobbyist registration
statement, in such detail as the commission shall prescribe,
((showing)) that includes the following information:
(a) ((His)) The lobbyist's name, permanent business address, and
any temporary residential and business addresses in Thurston county
during the legislative session;
(b) The name, address and occupation or business of the lobbyist's
employer;
(c) The duration of ((his)) the lobbyist's employment;
(d) ((His)) The compensation to be received for lobbying((; how
much he is)), the amount to be paid for expenses, and what expenses are
to be reimbursed;
(e) Whether the ((person from whom he receives said compensation
employs him)) lobbyist is employed solely as a lobbyist or whether
((he)) the lobbyist is a regular employee performing services for his
or her employer which include but are not limited to the influencing of
legislation;
(f) The general subject or subjects ((of his legislative interest))
to be lobbied;
(g) A written authorization from each of the lobbyist's employers
confirming such employment;
(h) The name and address of the person who will have custody of the
accounts, bills, receipts, books, papers, and documents required to be
kept under this chapter;
(i) If the lobbyist's employer is an entity (including, but not
limited to, business and trade associations) whose members include, or
which as a representative entity undertakes lobbying activities for,
businesses, groups, associations, or organizations, the name and
address of each member of such entity or person represented by such
entity whose fees, dues, payments, or other consideration paid to such
entity during either of the prior two years have exceeded five hundred
dollars or who is obligated to or has agreed to pay fees, dues,
payments, or other consideration exceeding five hundred dollars to such
entity during the current year.
(2) Any lobbyist who receives or is to receive compensation from
more than one person for ((his services as a lobbyist)) lobbying shall
file a separate notice of representation ((with respect to)) for each
((such)) person((; except that where a lobbyist whose fee for acting as
such in respect to the same legislation or type of legislation is, or
is to be, paid or contributed to by more than one person then such
lobbyist may file a single statement, in which he shall detail the
name, business address and occupation of each person so paying or
contributing, and the amount of the respective payments or
contributions made by each such person)). However, if two or more
persons are jointly paying or contributing to the payment of the
lobbyist, the lobbyist may file a single statement detailing the name,
business address, and occupation of each person paying or contributing
and the respective amounts to be paid or contributed.
(3) Whenever a change, modification, or termination of the
lobbyist's employment occurs, the lobbyist shall((,)) file with the
commission an amended registration statement within one week of
((such)) the change, modification, or termination((, furnish full
information regarding the same by filing with the commission an amended
registration statement)).
(4) Each registered lobbyist ((who has registered)) shall file a
new registration statement, revised as appropriate, on the second
Monday in January of each odd-numbered year((, and)). Failure to do so
((shall)) terminates ((his)) the lobbyist's registration.
Sec. 802 RCW 42.17.155 and 1995 c 397 s 6 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)) The photograph and information shall be
published by the commission at least biennially in a booklet form ((by
the commission)) for distribution to legislators and the public.
Sec. 803 RCW 42.17.160 and 1998 c 55 s 3 are each amended to read
as follows:
The following persons and activities ((shall be)) are exempt from
registration and reporting under RCW 42.17.150, 42.17.170, and
42.17.200 (as recodified by this act):
(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;
(4) Persons who lobby without compensation or other consideration
for acting as a lobbyist((: PROVIDED, Such)), if the 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 (4) may at his or her option register and report under this
chapter;
(5) Persons who restrict their lobbying activities to no more than
four days or parts ((thereof)) of four days 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((: PROVIDED, That)). The commission shall ((promulgate
regulations)) adopt rules 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 (5)
may at his or her option register and report under this chapter;
(6) The governor;
(7) The lieutenant governor;
(8) Except as provided by RCW 42.17.190(1) (as recodified by this
act), members of the legislature;
(9) Except as provided by RCW 42.17.190(1) (as recodified by this
act), persons employed by the legislature for the purpose of aiding in
the preparation or enactment of legislation or the performance of
legislative duties;
(10) Elected officials, and officers and employees of any agency
reporting under RCW 42.17.190(5) (as recodified by this act).
Sec. 804 RCW 42.17.170 and 1995 c 397 s 33 are each amended to
read as follows:
(1) Any lobbyist registered under RCW 42.17.150 (as recodified by
this act) and any person who lobbies shall file with the commission
((periodic)) monthly reports of his or her lobbying activities ((signed
by the lobbyist)). The reports shall be made in the form and manner
prescribed by the commission and must be signed by the lobbyist.
((They shall be due monthly and)) The monthly report shall be filed
within fifteen days after the last day of the calendar month covered by
the report.
(2) ((Each such)) The monthly ((periodic)) report shall contain:
(a) The totals of all expenditures for lobbying activities made or
incurred by ((such)) the lobbyist or on behalf of ((such)) the lobbyist
by the lobbyist's employer during the period covered by the report.
((Such)) Expenditure 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)) taking part in the entertainment,
along with the dollar amount attributable to each person, including
((any portion thereof attributable to)) the lobbyist's ((participation
therein, and shall include amounts actually expended on each person
where calculable, or allocating any portion of the expenditure to
individual participants.)) portion.
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)) the lobbyist's employers.
(c) An itemized listing of each ((such expenditure)) contribution
of money or of tangible or intangible personal property, 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) (as
recodified by this act).
(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.)) 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((
(f)(9))) (10) (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))) (f) The total expenditures ((made)) paid or incurred 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 (as recodified by this act); and (ii) public relations,
telemarketing, polling, or similar activities if ((such)) the
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 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 item in the report at
the same time the report is filed with the commission)) Lobbyists are
not required to report the following:
(a) Unreimbursed personal living and travel expenses not incurred
directly for lobbying;
(b) Any expenses incurred for his or her own living accommodations;
(c) Any expenses incurred for his or her own travel to and from
hearings of the legislature;
(d) Any expenses incurred for telephone, and any office expenses,
including rent and salaries and wages paid for staff and secretarial
assistance.
(4) The commission may adopt rules to vary the content of lobbyist
reports to address specific circumstances, consistent with this
section. Lobbyist reports are subject to audit by the commission.
Sec. 805 RCW 42.17.172 and 1993 c 2 s 32 are each amended to read
as follows:
(1) When a listing or a report of contributions is made to the
commission under RCW 42.17.170(2)(c) (as recodified by this act), a
copy of the listing or report must be given to the candidate, elected
official, professional staff member of the legislature, or officer or
employee of an agency, or a political committee supporting or opposing
a ballot proposition named in the listing or report.
(2) If a state elected official or a member of the official's
immediate family is identified by a lobbyist in a lobbyist report as
having received from the lobbyist an item specified in RCW 42.52.150(5)
or 42.52.010(10) (d) or (f), the lobbyist shall transmit to the
official a copy of the completed form used to identify the item in the
report at the same time the report is filed with the commission.
Sec. 806 RCW 42.17.175 and 2001 c 54 s 3 are each amended to read
as follows:
Any lobbyist registered under RCW 42.17.150 (as recodified by this
act), any person who lobbies, and any lobbyist's employer making a
contribution or an aggregate of contributions to a single entity that
is one thousand dollars or more during a special reporting period, as
specified in RCW 42.17.105 (as recodified by this act), before a
primary or general election((, as such period is specified in RCW
42.17.105(1),)) shall file one or more special reports ((for the
contribution or aggregate of contributions and for subsequent
contributions made during that period under the same circumstances)) in
the same manner and to the same extent that a contributing political
committee must file ((such a report or reports)) under RCW 42.17.105
(as recodified by this act). ((Such a special report shall be filed in
the same manner provided under RCW 42.17.105 for a special report of a
contributing political committee.))
Sec. 807 RCW 42.17.180 and 1993 c 2 s 27 are each amended to read
as follows:
(1) Every employer of a lobbyist registered under this chapter
during the preceding calendar year and every person other than an
individual that made contributions aggregating to more than ((ten))
sixteen thousand dollars or independent expenditures aggregating to
more than ((five)) eight hundred dollars during the preceding calendar
year shall file with the commission on or before the last day of
February of each year a statement disclosing for the preceding calendar
year the following information:
(a) The name of each state elected official and the name of each
candidate for state office who was elected to the office and any member
of the immediate family of those persons to whom the person reporting
has paid any compensation in the amount of ((five)) eight hundred
dollars or more during the preceding calendar year for personal
employment or professional services, including professional services
rendered by a corporation, partnership, joint venture, association,
union, or other entity in which the person holds any office,
directorship, or any general partnership interest, or an ownership
interest of ten percent or more, the value of the compensation in
accordance with the reporting provisions set out in RCW 42.17.241(2)
(as recodified by this act), and the consideration given or performed
in exchange for the compensation.
(b) The name of each state elected official, successful candidate
for state office, or members of his or her immediate family to whom the
person reporting made expenditures, directly or indirectly, either
through a lobbyist or otherwise, the amount of the expenditures and the
purpose for the expenditures. For the purposes of this subsection,
((the term)) "expenditure" shall not include any expenditure made by
the employer in the ordinary course of business if the expenditure is
not made for the purpose of influencing, honoring, or benefiting the
elected official, successful candidate, or member of his immediate
family, as an elected official or candidate.
(c) The total expenditures made by the person reporting for
lobbying purposes, whether through or on behalf of a registered
lobbyist or otherwise.
(d) All contributions made to a political committee supporting or
opposing a candidate for state office, or to a political committee
supporting or opposing a statewide ballot proposition. Such
contributions shall be identified by the name and the address of the
recipient and the aggregate amount contributed to each such recipient.
(e) The name and address of each registered lobbyist employed by
the person reporting and the total expenditures made by ((such)) the
person reporting for each ((such)) lobbyist for lobbying purposes.
(f) The names, offices sought, and party affiliations of candidates
for state offices supported or opposed by independent expenditures of
the person reporting and the amount of each such expenditure.
(g) The identifying proposition number and a brief description of
any statewide ballot proposition supported or opposed by expenditures
not reported under (d) of this subsection and the amount of each such
expenditure.
(h) ((Such)) Any other information ((as)) the commission prescribes
by rule.
(2)(a) Except as provided in (b) of this subsection, an employer of
a lobbyist registered under this chapter shall file a special report
with the commission if the employer makes a contribution or
contributions aggregating more than one hundred dollars in a calendar
month to any one of the following: A candidate, elected official,
officer or employee of an agency, or political committee. The report
shall identify the date and amount of each such contribution and the
name of the candidate, elected official, agency officer or employee, or
political committee receiving the contribution or to be benefited by
the contribution. The report shall be filed on a form prescribed by
the commission and shall be filed within fifteen days after the last
day of the calendar month during which the contribution was made.
(b) The provisions of (a) of this subsection do not apply to a
contribution ((which)) that is made through a registered lobbyist and
reportable under RCW 42.17.170 (as recodified by this act).
Sec. 808 RCW 42.17.190 and 1995 c 397 s 7 are each amended to
read as follows:
(1) 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)). However, 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)) that 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. This section does not permit
the printing of a state publication ((which)) that 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 (as recodified by this
act) 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)) that 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 (as recodified by this act)
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)) that
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)) may not exceed fifteen dollars for any three-month
period((: PROVIDED FURTHER, That)). The exemption under this
subsection (5)(d)(v)(B) is in addition to the exemption provided in
(d)(v)(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 (as
recodified by this act). Each such local agency shall report as a
lobbyist employer pursuant to RCW 42.17.180 (as recodified by this
act).
(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)) that relate only
indirectly or incidentally to lobbying or ((which)) that 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. 809 RCW 42.17.200 and 1990 c 139 s 5 are each amended to
read as follows:
(1) Any person who has made expenditures, not reported by a
registered lobbyist under RCW 42.17.170 (as recodified by this act) or
by a candidate or political committee under RCW 42.17.065 or 42.17.080
(as recodified by this act), exceeding ((five hundred)) one thousand
dollars in the aggregate within any three-month period or exceeding
((two)) five hundred dollars in the aggregate within any one-month
period in presenting a program ((addressed)) to the public, a
substantial portion of which is intended, designed, or calculated
primarily to influence legislation shall ((be required to)) register
and report, as provided in subsection (2) of this section, as a sponsor
of a grass roots lobbying campaign.
(2) Within thirty days after becoming a sponsor of a grass roots
lobbying campaign, the sponsor shall register by filing with the
commission a registration statement, in such detail as the commission
shall prescribe, showing:
(a) The sponsor's name, address, and business or occupation, and,
if the sponsor is not an individual, the names, addresses, and titles
of the controlling persons responsible for managing the sponsor's
affairs;
(b) The names, addresses, and business or occupation of all persons
organizing and managing the campaign, or hired to assist the campaign,
including any public relations or advertising firms participating in
the campaign, and the terms of compensation for all such persons;
(c) The names and addresses of each person contributing twenty-five
dollars or more to the campaign, and the aggregate amount contributed;
(d) The purpose of the campaign, including the specific
legislation, rules, rates, standards, or proposals that are the subject
matter of the campaign;
(e) The totals of all expenditures made or incurred to date on
behalf of the campaign((, which totals shall be)) segregated according
to financial category, including but not limited to the following:
Advertising, segregated by media, and in the case of large expenditures
(as provided by rule of the commission), by outlet; contributions;
entertainment, including food and refreshments; office expenses
including rent and the salaries and wages paid for staff and
secretarial assistance, or the proportionate amount ((thereof)) paid or
incurred for lobbying campaign activities; consultants; and printing
and mailing expenses.
(3) Every sponsor who has registered under this section shall file
monthly reports with the commission((, which reports shall be filed))
by the tenth day of the month for the activity during the preceding
month. The reports shall update the information contained in the
sponsor's registration statement and in prior reports and shall show
contributions received and totals of expenditures made during the
month, in the same manner as provided for in the registration
statement.
(4) When the campaign has been terminated, the sponsor shall file
a notice of termination with the final monthly report((, which
notice)). The final report shall state the totals of all contributions
and expenditures made on behalf of the campaign, in the same manner as
provided for in the registration statement.
Sec. 810 RCW 42.17.210 and 1973 c 1 s 21 are each amended to read
as follows:
If any person registered or required to be registered as a lobbyist
((under this chapter employs)), or ((if)) any employer of any person
registered or required to be registered as a lobbyist ((under this
chapter)), employs ((any)) a member or an employee of the legislature,
((or any)) a member of ((any)) a state board or commission, ((or any
employee of the legislature,)) or ((any)) a full-time state employee,
((if such)) and that new employee ((shall)) remains in the partial
employ of the state ((or any agency thereof, then)), the new employer
((shall)) must file within fifteen days after employment a statement
((under oath)) with the commission, signed under oath, setting out the
nature of the employment, the name of the person ((to be paid
thereunder)) employed, and the amount of pay or consideration ((to be
paid thereunder. The statement shall be filed within fifteen days
after the commencement of such employment)).
Sec. 811 RCW 42.17.220 and 1973 c 1 s 22 are each amended to read
as follows:
It ((shall be)) is a violation of this chapter for any person to
employ for pay or any consideration, or pay or agree to pay any
consideration to, a person to lobby who is not registered under this
chapter except upon the condition that such a person must register as
a lobbyist as provided by this chapter((, and such person does in fact
so register as soon as practicable)).
Sec. 812 RCW 42.17.230 and 1987 c 201 s 2 are each amended to
read as follows:
(1) A person required to register as a lobbyist under ((this
chapter shall also have the following obligations, the violation of
which shall constitute cause for revocation of his registration, and
may subject such person, and such person's employer, if such employer
aids, abets, ratifies, or confirms any such act, to other civil
liabilities, as provided by this chapter:)) RCW 42.17.150 (as
recodified by this act) shall substantiate financial reports required
to be made under this chapter with accounts, bills, receipts, books,
papers, and other necessary documents ((
(1) Such persons shall obtain and preserve allnecessary to substantiate the
financial reports required to be made under this chapter)). All such
documents must be obtained and preserved for a period of at least five
years from the date of ((the)) filing ((of)) the statement containing
such items((, which accounts, bills, receipts, books, papers, and
documents)) and shall be made available for inspection by the
commission at any time((: PROVIDED, That if a lobbyist is required
under)). If the terms of ((his)) the lobbyist's employment contract
((to turn any)) require that these records be turned over to his or her
employer, responsibility for the preservation and inspection of
((such)) these records under this subsection shall ((rest)) be with
such employer.
(2) ((In addition,)) A person required to register as a lobbyist
under RCW 42.17.150 (as recodified by this act) shall not:
(a) Engage in any lobbying activity ((as a lobbyist)) before
registering as ((such)) a lobbyist;
(b) Knowingly deceive or attempt to deceive ((any)) a legislator
((as to any fact)) regarding the facts pertaining to any pending or
proposed legislation;
(c) Cause or influence the introduction of ((any)) a bill or
amendment ((thereto)) to that bill for the purpose of ((thereafter))
later being employed to secure its defeat;
(d) Knowingly represent an interest adverse to ((any of)) his or
her employer((s)) without ((first)) full disclosure of the adverse
interest to the employer and obtaining ((such)) the employer's written
consent ((thereto after full disclosure to such employer of such
adverse interest));
(e) Exercise any undue influence, extortion, or unlawful
retaliation upon any legislator ((by reason of such)) due to the
legislator's position ((with respect to, or his vote upon,)) or vote on
any pending or proposed legislation;
(f) Enter into any agreement, arrangement, or understanding
((according to which his or her)) in which any portion of his or her
compensation((, or any portion thereof,)) is or will be contingent upon
((the)) his or her success ((of any attempt to influence)) in
influencing legislation.
(3) A violation by a lobbyist of this section shall be cause for
revocation of his or her registration, and may subject the lobbyist and
the lobbyist's employer, if the employer aids, abets, ratifies, or
confirms the violation, to other civil liabilities as provided by this
chapter.
Sec. 901 RCW 42.17.240 and 1995 c 397 s 8 are each amended to
read as follows:
(1) After January 1st and before April 15th of each year, 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)) ends on December 31st shall file the
statement required to be filed by this section for the final year
((that ended on that December 31st)) of his or her term.
(2) Within two weeks of becoming a candidate, 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) Within two weeks of appointment, 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 (as recodified
by this act) 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.
(9) This section does not apply to incumbents or candidates for a
federal office or the office of precinct committee officer.
Sec. 902 RCW 42.17.2401 and 2007 c 341 s 48, 2007 c 241 s 2, and
2007 c 15 s 1 are each reenacted and amended to read as follows:
For the purposes of RCW 42.17.240 (as recodified by this act),
((the term)) "executive state officer" includes:
(1) The chief administrative law judge, the director of
agriculture, ((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 early learning, the director of ecology,
the commissioner of employment security, the chair of the energy
facility site evaluation council, 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 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 executive director of the Puget Sound partnership, the
director of the recreation and conservation office, 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 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, and 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, the boards of
trustees of each community college and each technical 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, life sciences discovery fund authority board of trustees,
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, ((recreation and conservation
funding board,)) state investment board, commission on judicial
conduct, legislative ethics board, liquor control board, lottery
commission, ((marine oversight board,)) Pacific Northwest electric
power and conservation planning council, parks and recreation
commission, board of pilotage commissioners, pollution control hearings
board, public disclosure commission, ((public pension commission,))
shorelines ((hearing[s])) hearings board, public employees' benefits
board, recreation and conservation funding board, salmon recovery
funding 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))
energy northwest executive board, Washington State University board of
regents, Western Washington University board of trustees, and fish and
wildlife commission.
Sec. 903 RCW 42.17.241 and 2008 c 6 s 202 are each amended to
read as follows:
(1) The statement of financial affairs required by RCW 42.17.240
(as recodified by this act) shall disclose the following information
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)) account, savings account ((or)), and insurance
policy in which ((any such person or persons owned)) a direct financial
interest ((that exceeded five)) was held that exceeds twenty 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)) was held that exceeds two thousand 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)) two thousand 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)) from 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)) the person
serves as an elected official or state executive officer or
professional staff member for his or her 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)) two thousand
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; and (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)) ten thousand dollars or more during the
preceding twelve months and the consideration given or performed in
exchange for the compensation((: PROVIDED, That the term)). As used
in (g)(ii) of this subsection, "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)) two thousand four 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)) ten thousand 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)) ten thousand 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)) ten thousand 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)) subsection (1)(j), 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)) twenty
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); ((and))
(m) A list of each occasion, specifying date, donor, and amount, at
which items specified in RCW 42.52.010(10) (d) and (f) were accepted;
and
(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)(a) through (m) of this section, it shall be sufficient to comply
with the requirement to report whether the amount is less than ((one))
four thousand dollars, at least ((one)) four thousand dollars but less
than ((five)) twenty thousand dollars, at least ((five)) twenty
thousand dollars but less than ((ten)) forty thousand dollars, at least
((ten)) forty thousand dollars but less than ((twenty-five)) one
hundred thousand dollars, or ((twenty-five)) one hundred 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,
domestic partner, 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, domestic partner, or family member.
Sec. 904 RCW 42.17.242 and 1977 ex.s. c 336 s 4 are each amended
to read as follows:
No payment shall be made to any person required to report under RCW
42.17.240 (as recodified by this act) and no payment shall be accepted
by any such person, directly or indirectly, in a fictitious name,
anonymously, or by one person through an agent, relative, or other
person in such a manner as to conceal the identity of the source of the
payment or in any other manner so as to effect concealment ((except
that)). The commission may issue categorical and specific exemptions
to the reporting of the actual source when there is an undisclosed
principal for recognized legitimate business purposes.
Sec. 1001 RCW 42.17.390 and 2006 c 315 s 2 are each amended to
read as follows:
One or more of the following civil remedies and sanctions may be
imposed by court order in addition to any other remedies provided by
law:
(1) If the court finds that the violation of any provision of this
chapter by any candidate or political committee probably affected the
outcome of any election, the result of ((said)) that election may be
held void and a special election held within sixty days of ((such)) the
finding. Any action to void an election shall be commenced within one
year of the date of the election in question. It is intended that this
remedy be imposed freely in all appropriate cases to protect the right
of the electorate to an informed and knowledgeable vote.
(2) If any lobbyist or sponsor of any grass roots lobbying campaign
violates any of the provisions of this chapter, his or her registration
may be revoked or suspended and he or she may be enjoined from
receiving compensation or making expenditures for lobbying((:
PROVIDED, HOWEVER, That)). The imposition of ((such)) a sanction shall
not excuse ((said)) the lobbyist from filing statements and reports
required by this chapter.
(3) ((Any)) A person who violates any of the provisions of this
chapter may be subject to a civil penalty of not more than ten thousand
dollars for each ((such)) violation. However, a person or entity who
violates RCW 42.17.640 (as recodified by this act) may be subject to a
civil penalty of ten thousand dollars or three times the amount of the
contribution illegally made or accepted, whichever is greater.
(4) ((Any)) A person who fails to file a properly completed
statement or report within the time required by this chapter may be
subject to a civil penalty of ten dollars per day for each day each
((such)) delinquency continues.
(5) ((Any)) A person who fails to report a contribution or
expenditure as required by this chapter may be subject to a civil
penalty equivalent to the amount not reported as required.
(6) The court may enjoin any person to prevent the doing of any act
herein prohibited, or to compel the performance of any act required
herein.
Sec. 1002 RCW 42.17.395 and 2006 c 315 s 3 are each amended to
read as follows:
(1) The commission may (a) determine whether an actual violation of
this chapter has occurred; and (b) issue and enforce an appropriate
order following such a determination.
(2) The commission, in cases where it chooses to determine whether
an actual violation has occurred, shall hold a hearing pursuant to the
administrative procedure act, chapter 34.05 RCW, to make ((such)) a
determination. Any order that the commission issues under this section
shall be pursuant to such a hearing.
(3) In lieu of holding a hearing or issuing an order under this
section, the commission may refer the matter to the attorney general or
other enforcement agency as provided in RCW 42.17.360 (as recodified by
this act).
(4) The person against whom an order is directed under this section
shall be designated as the respondent. The order may require the
respondent to cease and desist from the activity that constitutes a
violation and in addition, or alternatively, may impose one or more of
the remedies provided in RCW 42.17.390 (2) through (5) (as recodified
by this act). No individual penalty assessed by the commission may
exceed one thousand seven hundred dollars, and in any case where
multiple violations are involved in a single complaint or hearing, the
maximum aggregate penalty may not exceed four thousand two hundred
dollars.
(5) An order issued by the commission under this section shall be
subject to judicial review under the administrative procedure act,
chapter 34.05 RCW. If the commission's order is not satisfied and no
petition for review is filed within thirty days ((as provided in RCW
34.05.542)), the commission may petition a court of competent
jurisdiction of any county in which a petition for review could be
filed under that section, for an order of enforcement. Proceedings in
connection with the commission's petition shall be in accordance with
RCW 42.17.397 (as recodified by this act).
Sec. 1003 RCW 42.17.397 and 1989 c 175 s 92 are each amended to
read as follows:
The following procedure shall apply in all cases where the
commission has petitioned a court of competent jurisdiction for
enforcement of any order it has issued pursuant to this chapter:
(1) A copy of the petition shall be served by certified mail
directed to the respondent at his or her last known address. The court
shall issue an order directing the respondent to appear at a time
designated in the order, not less than five days from the date thereof,
and show cause why the commission's order should not be enforced
according to its terms.
(2) The commission's order shall be enforced by the court if the
respondent does not appear, or if the respondent appears and the court
finds, pursuant to a hearing held for that purpose:
(a) That the commission's order is unsatisfied; ((and))
(b) That the order is regular on its face; and
(c) That the respondent's answer discloses no valid reason why the
commission's order should not be enforced or that the respondent had an
appropriate remedy by review under RCW 34.05.570(3) and failed to avail
himself or herself of that remedy without valid excuse.
(3) Upon appropriate application by the respondent, the court may,
after hearing and for good cause, alter, amend, revise, suspend, or
postpone all or part of the commission's order. In any case where the
order is not enforced by the court according to its terms, the reasons
for the court's actions shall be clearly stated in writing, and
((such)) the action shall be subject to review by the appellate courts
by certiorari or other appropriate proceeding.
(4) The court's order of enforcement, when entered, shall have the
same force and effect as a civil judgment.
(5) Notwithstanding RCW 34.05.578 through 34.05.590, this section
is the exclusive method for enforcing an order of the commission.
Sec. 1004 RCW 42.17.400 and 2007 c 455 s 1 are each amended to
read as follows:
(1) The attorney general and the prosecuting authorities of
political subdivisions of this state may bring civil actions in the
name of the state for any appropriate civil remedy, including but not
limited to the special remedies provided in RCW 42.17.390 (as
recodified by this act).
(2) The attorney general and the prosecuting authorities of
political subdivisions of this state may investigate or cause to be
investigated the activities of any person who there is reason to
believe is or has been acting in violation of this chapter, and may
require any such person or any other person reasonably believed to have
information concerning the activities of such person to appear at a
time and place designated in the county in which such person resides or
is found, to give such information under oath and to produce all
accounts, bills, receipts, books, paper and documents which may be
relevant or material to any investigation authorized under this
chapter.
(3) When the attorney general or the prosecuting authority of any
political subdivision of this state requires the attendance of any
person to obtain such information or ((the production of)) produce the
accounts, bills, receipts, books, papers, and documents ((which)) that
may be relevant or material to any investigation authorized under this
chapter, he or she shall issue an order setting forth the time when and
the place where attendance is required and shall cause the same to be
delivered to or sent by registered mail to the person at least fourteen
days before the date fixed for attendance. ((Such)) The order shall
have the same force and effect as a subpoena, shall be effective
statewide, and, upon application of the attorney general or ((said))
the prosecuting authority, obedience to the order may be enforced by
any superior court judge in the county where the person receiving it
resides or is found, in the same manner as though the order were a
subpoena. The court, after hearing, for good cause, and upon
application of any person aggrieved by the order, shall have the right
to alter, amend, revise, suspend, or postpone all or any part of its
provisions. In any case where the order is not enforced by the court
according to its terms, the reasons for the court's actions shall be
clearly stated in writing, and ((such)) the action shall be subject to
review by the appellate courts by certiorari or other appropriate
proceeding.
(4) ((Any)) A person who has notified the attorney general and the
prosecuting attorney in the county in which the violation occurred in
writing that there is reason to believe that some provision of this
chapter is being or has been violated may himself or herself bring in
the name of the state any of the actions (hereinafter referred to as a
citizen's action) authorized under this chapter.
(a) This citizen action may be brought only if:
(i) The attorney general and the prosecuting attorney have failed
to commence an action hereunder within forty-five days after ((such))
the notice;
(ii) ((Such)) The person has thereafter further notified the
attorney general and prosecuting attorney that ((said)) the person will
commence a citizen's action within ten days upon their failure ((so))
to do so;
(iii) The attorney general and the prosecuting attorney have in
fact failed to bring such action within ten days of receipt of said
second notice; and
(iv) The citizen's action is filed within two years after the date
when the alleged violation occurred.
(b) If the person who brings the citizen's action prevails, the
judgment awarded shall escheat to the state, but he or she shall be
entitled to be reimbursed by the state of Washington for costs and
((attorney's)) attorneys' fees he or she has incurred((: PROVIDED,
That)). In the case of a citizen's action ((which)) that is dismissed
and ((which)) that the court also finds was brought without reasonable
cause, the court may order the person commencing the action to pay all
costs of trial and reasonable ((attorney's)) attorneys' fees incurred
by the defendant.
(5) In any action brought under this section, the court may award
to the state all costs of investigation and trial, including ((a))
reasonable ((attorney's)) attorneys' fees to be fixed by the court. If
the violation is found to have been intentional, the amount of the
judgment, which shall for this purpose include the costs, may be
trebled as punitive damages. If damages or trebled damages are awarded
in such an action brought against a lobbyist, the judgment may be
awarded against the lobbyist, and the lobbyist's employer or employers
joined as defendants, jointly, severally, or both. If the defendant
prevails, he or she shall be awarded all costs of trial, and may be
awarded ((a)) reasonable ((attorney's)) attorneys' fees to be fixed by
the court to be paid by the state of Washington.
Sec. 1005 RCW 42.56.010 and 2007 c 197 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(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) "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, "person in interest" means and
includes the parent or duly appointed legal representative.
(3) "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.
(((3))) (4) "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.
NEW SECTION. Sec. 1101 When RCW 42.17.020 (as recodified by this
act) is codified, the code reviser shall alphabetize and renumber the
definitions.
NEW SECTION. Sec. 1102 When RCW 42.17.2401 (as recodified by
this act) is codified, the code reviser shall arrange the names of the
agencies in each subsection in alphabetical order, arranged according
to the first distinctive word of each agency's name.
NEW SECTION. Sec. 1103
NEW SECTION. Sec. 1104 The following sections are recodified as
a new chapter in Title
GENERAL PROVISIONS
RCW 42.17.010
RCW 42.17.020
RCW 42.17.035
RCW 42.17.440
ELECTRONIC ACCESS
RCW 42.17.367
RCW 42.17.369
RCW 42.17.460
RCW 42.17.461
RCW 42.17.463
ADMINISTRATION
RCW 42.17.350
RCW 42.17.360
RCW 42.17.370
Section 304 of this act
RCW 42.17.690
RCW 42.17.380
RCW 42.17.405
RCW 42.17.420
RCW 42.17.430
RCW 42.17.450
CAMPAIGN FINANCE REPORTING
RCW 42.17.030
RCW 42.17.040
RCW 42.17.050
Section 404 of this act
RCW 42.17.060
RCW 42.17.065
RCW 42.17.067
RCW 42.17.080
RCW 42.17.090
RCW 42.17.3691
RCW 42.17.093
RCW 42.17.100
RCW 42.17.103
RCW 42.17.105
RCW 42.17.550
RCW 42.17.135
POLITICAL ADVERTISING AND ELECTIONEERING COMMUNICATIONS
RCW 42.17.561
RCW 42.17.565
RCW 42.17.570
RCW 42.17.575
RCW 42.17.510
RCW 42.17.520
RCW 42.17.530
RCW 42.17.540
RCW 42.17.110
CAMPAIGN CONTRIBUTION LIMITS AND OTHER RESTRICTIONS
RCW 42.17.610
RCW 42.17.640
RCW 42.17.645
RCW 42.17.700
Section 604 of this act
RCW 42.17.070
RCW 42.17.095
RCW 42.17.120
Section 607 of this act
RCW 42.17.125
RCW 42.17.650
RCW 42.17.660
RCW 42.17.670
RCW 42.17.720
RCW 42.17.730
RCW 42.17.740
RCW 42.17.770
RCW 42.17.780
RCW 42.17.790
RCW 42.17.680
RCW 42.17.760
PUBLIC OFFICIALS, EMPLOYEES, AND AGENCIES CAMPAIGN RESTRICTIONS AND
PROHIBITIONS--REPORTING
RCW 42.17.128
RCW 42.17.130
RCW 42.17.710
RCW 42.17.750
RCW 42.17.245
LOBBYING DISCLOSURE AND RESTRICTIONS
RCW 42.17.150
RCW 42.17.155
RCW 42.17.160
RCW 42.17.170
RCW 42.17.172
RCW 42.17.175
RCW 42.17.180
RCW 42.17.190
RCW 42.17.200
RCW 42.17.210
RCW 42.17.220
RCW 42.17.230
PERSONAL FINANCIAL AFFAIRS REPORTING BY CANDIDATES AND PUBLIC OFFICIALS
RCW 42.17.240
RCW 42.17.2401
RCW 42.17.241
RCW 42.17.242
ENFORCEMENT
RCW 42.17.390
RCW 42.17.395
RCW 42.17.397
RCW 42.17.400
RCW 42.17.410
TECHNICAL PROVISIONS
RCW 42.17.900
RCW 42.17.910
RCW 42.17.911
RCW 42.17.912
RCW 42.17.920
RCW 42.17.930
RCW 42.17.940
RCW 42.17.945
RCW 42.17.950
RCW 42.17.955
RCW 42.17.960
RCW 42.17.961
RCW 42.17.962
RCW 42.17.963
RCW 42.17.964
RCW 42.17.965
RCW 42.17.966
NEW SECTION. Sec. 1105 The following acts or parts of acts are
each repealed:
(1) RCW 42.17.131 (Exemption from RCW 42.17.130) and 1994 c 154 s
317;
(2) RCW 42.17.362 (Toll-free telephone number) and 2000 c 237 s 6;
(3) RCW 42.17.365 (Audits and investigations) and 1999 c 401 s 8 &
1993 c 2 s 29;
(4) RCW 42.17.375 (Reports filed with county elections official--Rules governing) and 1983 c 294 s 1;
(5) RCW 42.17.465 (Information technology plan -- Contents) and 1999
c 401 s 4;
(6) RCW 42.17.467 (Information technology plan -- Consultation) and
1999 c 401 s 5;
(7) RCW 42.17.469 (Information technology plan -- Submission) and
1999 c 401 s 6;
(8) RCW 42.17.471 (Access performance reports) and 1999 c 401 s 7;
(9) RCW 42.17.562 (Intent) and 2005 c 445 s 2;
(10) RCW 42.17.620 (Intent) and 1993 c 2 s 2; and
(11) RCW 42.17.647 (Rules) and 2006 c 348 s 3.
NEW SECTION. Sec. 1106 This act takes effect January 1, 2011.