BILL REQ. #:  H-2281.1 

READ FIRST TIME 02/23/09.   

     AN ACT Relating to electronic filing of lobbying reports required by chapter 42.17 RCW by lobbyists, lobbyists' employers, and agencies; amending RCW 42.17.369 and 42.17.3691; and creating new sections.

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

Sec. 1   RCW 42.17.369 and 2000 c 237 s 3 are each amended to read as follows:
     (1) By July 1, 1999, the commission shall make available to candidates, public officials, and political committees that are required to file reports under this chapter an electronic filing ((alternative)) system for submitting financial affairs reports, contribution reports, and expenditure reports((, including but not limited to filing by diskette, modem, satellite, or)) over the internet.
     (2) By January 1, ((2002)) 2012, the commission shall make available to lobbyists ((and)), lobbyists' employers, and agencies required to file reports under RCW 42.17.150, 42.17.170, 42.17.175, ((or)) 42.17.180, or 42.17.190 an electronic filing ((alternative)) system for submitting these reports ((including but not limited to filing by diskette, modem, satellite, or)) over the internet.
     (3) The commission shall make available to candidates((,)) and public officials((,)) filing financial affairs reports and political committees((, lobbyists, and lobbyists' employers)) an electronic ((copy of the appropriate reporting forms)) filing system at no charge.

Sec. 2   RCW 42.17.3691 and 2000 c 237 s 4 are each amended to read as follows:
     (1) ((Beginning January 1, 2002, each candidate or political committee that expended twenty-five thousand dollars or more in the preceding year or expects to expend twenty-five thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW 42.17.369. The commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.
     (2) Beginning January 1, 2004,)) Each candidate or political committee that expended ten thousand dollars or more in the preceding year or expects to expend ten thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter ((by the electronic alternative)) electronically over the internet as provided by the commission under RCW 42.17.369. ((The commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.
     (3))) (2)(a) Beginning January 1, 2012, lobbyists required to register under RCW 42.17.150, or report under RCW 42.17.170, whose total reportable accrued compensation for lobbying, whether from or on behalf of one or more lobbyists' employers, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year, must file all reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17.369.
     (b) Beginning January 1, 2013, lobbyists' employers required to report under RCW 42.17.180 whose total reportable accrued expenses and payments for lobbying, including those through or on behalf of one or more lobbyists, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year, must file all reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17.369.
     (c) Beginning January 1, 2012, all agencies required to report under RCW 42.17.190 must file all lobbying reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17.369.
     (3) The commission may make exceptions on a case-by-case basis for candidates, lobbyists, lobbyists' employers, or agencies when they lack the technological ability to file reports electronically.
     (4) Failure by a candidate ((or)), political committee, lobbyist, lobbyist's employer, or agency to comply with this section is a violation of this chapter.

NEW SECTION.  Sec. 3   (1) Effective August 1, 2009, lobbyists and lobbyists' employers who are registered or required to report for either calendar years 2009 or 2010, or both, or who subsequently register for any part of calendar years 2009 or 2010, shall pay a one-time fee to the public disclosure commission for the development and implementation of the electronic filing system under RCW 42.17.369. Lobbyists' fees are based on total reportable accrued compensation whether from or on behalf of one or more lobbyists' employers. Lobbyist employers' fees are based on total reportable accrued expenses and payments for lobbying, including those through or on behalf of one or more lobbyists. Fees are as follows:
     (a)(i) One hundred dollars for lobbyists whose compensation is at least ten thousand dollars but less than twenty-five thousand dollars; (ii) three hundred dollars for lobbyists whose compensation is at least twenty-five thousand dollars but less than fifty thousand dollars; (iii) six hundred dollars for lobbyists whose compensation is at least fifty thousand dollars but less than one hundred thousand dollars; and (iv) eight hundred dollars for lobbyists whose compensation is one hundred thousand dollars or more.
     (b)(i) One hundred dollars for lobbyist employers whose expenses and payments are at least ten thousand dollars but less than twenty-five thousand dollars; (ii) three hundred dollars for lobbyist employers whose expenses and payments are at least twenty-five thousand dollars but less than fifty thousand dollars; (iii) six hundred dollars for lobbyist employers whose expenses and payments are at least fifty thousand dollars but less than one hundred thousand dollars; and (iv) eight hundred dollars for lobbyist employers whose expenses and payments are one hundred thousand dollars or more.
     (c) One hundred fifty dollars for each agency required to file under RCW 42.17.190.
     (2) Fees received under this section must be deposited into the lobbying electronic filing account under section 4 of this act.

NEW SECTION.  Sec. 4   (1) The lobbying electronic filing account is created in the custody of the state treasurer. All receipts from fees paid by lobbyists, lobbyists' employers, and agencies under section 3 of this act must be deposited into the account. Expenditures from the account may be used only for costs incurred as a result of the design, development, implementation, and maintenance of:
     (a) Software or other applications to accommodate electronic filing of the reports required for lobbyists, lobbyists' employers, and public agencies reporting under chapter 42.17 RCW; and
     (b) A database and query system compatible with current architecture, technology, and operating systems that results in readily available data to the public for review and analysis.
     (2) Only the executive director of the public disclosure commission or the executive director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.