SENATE BILL REPORT

SJM 8007

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of March 1, 2011

Brief Description: Requesting Congress to amend the United States Constitution that provides corporations are not persons under the laws of the United States or any of its jurisdictional subdivisions.

Sponsors: Senators Kline, Conway and Kohl-Welles.

Brief History:

Committee Activity: Judiciary: 2/18/11 [DPF].

SENATE COMMITTEE ON JUDICIARY

Staff: Lidia Mori (786-7755)

Background: Prior to the ruling in Citizen United v Federal Election Commission, federal law prohibited corporations and unions from using their general treasury funds to make independent expenditures for speech defined as an electioneering communication or for speech expressly advocating the election or defeat of a candidate. An electioneering communication is defined as any broadcast, cable, or satellite communication that refers to a clearly identified candidate for federal office and is made within 30 days of a primary or 60 days of a general election.

In Citizen United v. Federal Election Commission, the United States Supreme Court held that the Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether. The Court rejected the position that political speech of corporations or other associations should be treated differently under the First Amendment because such associations are not natural persons. In overruling prior case law, the Court stated it provides no basis for allowing the Government to limit corporate independent expenditures.

Summary of Bill: The memorialists, the Senate, and House of Representatives of the state of Washington, represent and petition, among other things, the following:

The memorialists respectfully resolve that the General Assembly urges Congress to propose an amendment to the United States Constitution for the states' consideration which provides that corporations are not persons under the laws of the United States or any of its jurisdictional subdivisions.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.