BILL REQ. #:  H-4308.1 

Read first time 01/15/10.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to collecting fees to accommodate electronic filing and disclosure of campaign and lobbying reports, and personal financial affairs statements; amending RCW 42.17.369 and 42.17.3691; and adding new sections to chapter 42.17 RCW.

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)) 2013, 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, 2013, 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, 2014, 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, 2013, 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) Beginning August 1, 2010, lobbyists and lobbyists' employers who are registered or required to report for either calendar year 2010 or 2011, or both, or who subsequently register for any part of calendar year 2010 or 2011, shall pay an initial fee to the public disclosure commission for the development and implementation of the electronic filing system under RCW 42.17.369 as follows:
     (a) Two hundred fifty dollars for each lobbyist whose total reportable accrued compensation for lobbying, whether from or on behalf of one or more lobbyists' employers, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year;
     (b) Five hundred dollars for each lobbyist employer whose total reportable accrued expenses and payments for lobbying, including those through or on behalf of one or more lobbyists, was ten thousand dollars or more for the previous calendar year, or is expected to be ten thousand dollars or more for the current calendar year; and
     (c) One hundred fifty dollars for each state agency that has more than fifty full-time equivalent employees.
     (2) Fees received under this section must be deposited into the public disclosure electronic filing account under section 5 of this act. The fees in this section shall be used to establish the software and hardware needed to establish an electronic filing system for lobbyists and lobbyist employers.

NEW SECTION.  Sec. 4   (1) Every political committee shall pay a fee of two hundred dollars to the commission each calendar year that it is required to report under RCW 42.17.040, 42.17.050, 42.17.060, 42.17.065, 42.17.080, or 42.17.093.
     (2) Every lobbyist and lobbyist employer shall pay a fee of two hundred dollars to the commission each calendar year that it is required to report under RCW 42.17.150, 42.17.170, 42.17.180, or 42.17.200.
     (3) Every person required to report under RCW 42.17.240 shall pay a fee of two hundred dollars to the commission for each calendar year he or she is required to report.
     (4) No person must pay more than one fee in a calendar year under this section. Any person may appeal a fee to the commission.
     (5) Fees received under this section must be deposited into the public disclosure electronic filing account under section 5 of this act. The fees collected under this section shall be used for data entry costs and purchase and maintenance of computer hardware and software to maintain electronic filing of the reports required by this chapter.

NEW SECTION.  Sec. 5   (1) The public disclosure electronic filing account is created in the custody of the state treasurer. All receipts from fees paid by persons, lobbyists, and lobbyist employers under sections 3 and 4 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 by this chapter; 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.

NEW SECTION.  Sec. 6   Sections 3 through 5 of this act are each added to chapter 42.17 RCW.