State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/16/11.
AN ACT Relating to enhancing election campaign disclosure requirements to promote greater transparency for the public; amending RCW 42.17.020, 42.17.040, 42.17.3691, 42.17A.245, 42.17.390, 42.17A.750, 42.17.395, and 42.17A.755; reenacting and amending RCW 42.17A.005 and 42.17A.205; adding a new section to chapter 42.17 RCW; adding a new section to chapter 42.17A RCW; creating a new section; prescribing penalties; providing an effective date; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that timely and full
disclosure of election campaign funding and expenditures is essential
to a well-functioning democracy in which Washington's voters can judge
for themselves what is appropriate based on ideologies, programs, and
policies. Long-term voter engagement and confidence depends on the
public knowing who is funding the multiple and targeted messages
distributed during election campaigns.
The legislature also finds that recent events have revealed the
need for refining certain elements of our state's election campaign
finance laws that have proven inadequate in preventing efforts to hide
information from voters. The legislature intends, therefore, to
promote greater transparency for the public by enhancing penalties for
violations; regulating the formation of, and contributions between,
political committees; and reducing the expenditure thresholds for
purposes of mandatory electronic filing and disclosure.
Sec. 2 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 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.
(8) "Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW
42.17.050, 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.
(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, the term "compensation" shall 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, 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; 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)) one 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).
(24) "General election" for the purposes of RCW 42.17.640 means the
election that results in the election of a person to a state office.
It does not include a primary.
(25) "Gift," is as defined 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,
"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 hundred dollars or
more. A series of expenditures, each of which is under five hundred
dollars, constitutes one independent expenditure if their cumulative
value is five 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 contributions being 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 a contribution being 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.
(38) "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.
(39) "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) "Primary" for the purposes of RCW 42.17.640 means the
procedure for nominating a candidate to state 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) "Public office" means any federal, state, judicial, county,
city, town, school district, port district, special district, or other
state political subdivision elective office.
(42) "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.
(43) "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) "Sponsor" for purposes of a political committee that is not an
authorized committee means any person to whom any of the following
applies:
(a) The political committee receives eighty percent or more of its
contributions from the person or from the person's members, officers,
employees, or shareholders;
(b) The person collects contributions for the political committee
by use of payroll deductions or dues from the person's members,
officers, or employees;
(c) The person provides, alone or in combination with other
organizations, all or nearly all of the administrative services for the
political committee; or
(d) The person sets, alone or in combination with other
organizations, the policies for soliciting contributions or making
expenditures of political committee funds.
(45) "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))) (46) "Sponsored committee" means a political committee,
other than an authorized committee, that has one or more sponsors.
(47) "State 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))) (48) "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))) (49) "State official" means a person who holds a state
office.
(((48))) (50) "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 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.
(((49))) (51) "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. 3 RCW 42.17A.005 and 2010 c 204 s 101 are each reenacted and
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 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 been recognized as a minor political
party by the secretary of state;
(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) "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.
(8) "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.
(9) "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.
(10) "Commission" means the agency established under RCW
42.17A.100.
(11) "Compensation" unless the context requires a narrower meaning,
includes payment in any form for real or personal property or services
of any kind. For the purpose of compliance with RCW 42.17A.710,
"compensation" 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.
(12) "Continuing political committee" means a political committee
that is an organization of continuing existence not established in
anticipation of any particular election campaign.
(13)(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 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 42.17A.205; 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
(13)(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.
(14) "Depository" means a bank, mutual savings bank, savings and
loan association, or credit union doing business in this state.
(15) "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.
(16) "Election" includes any primary, general, or special election
for public office and any election in which a ballot proposition is
submitted to the voters. 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.
(17) "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.
(18) "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.
(19) "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)) one thousand
dollars or more.
(20) "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.
(21) "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. "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.
"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.
(22) "Final report" means the report described as a final report in
RCW 42.17A.235(2).
(23) "General election" for the purposes of RCW 42.17A.405 means
the election that results in the election of a person to a state or
local office. It does not include a primary.
(24) "Gift" has the definition in RCW 42.52.010.
(25) "Immediate family" includes the spouse or domestic partner,
dependent children, and other dependent relatives, if living in the
household. For the purposes of 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.
(26) "Incumbent" means a person who is in present possession of an
elected office.
(27) "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 eight hundred dollars or
more. A series of expenditures, each of which is under eight hundred
dollars, constitutes one independent expenditure if their cumulative
value is eight hundred dollars or more.
(28)(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, 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.
(29) "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.
(30) "Legislative office" means the office of a member of the state
house of representatives or the office of a member of the state senate.
(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 before contributions 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 before a contribution 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) "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) "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.
(39) "Primary" for the purposes of RCW 42.17A.405 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.
(40) "Public office" means any federal, state, judicial, county,
city, town, school district, port district, special district, or other
state political subdivision elective office.
(41) "Public record" has the definition in RCW 42.56.010.
(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.
(43) "Sponsor" for purposes of a political committee that is not an
authorized committee means any person to whom any of the following
applies:
(a) The political committee receives eighty percent or more of its
contributions from the person or from the person's members, officers,
employees, or shareholders;
(b) The person collects contributions for the political committee
by use of payroll deductions or dues from the person's members,
officers, or employees;
(c) The person provides, alone or in combination with other
organizations, all or nearly all of the administrative services for the
political committee; or
(d) The person sets, alone or in combination with other
organizations, the policies for soliciting contributions or making
expenditures of political committee funds.
(44) "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.
(((44))) (45) "Sponsored committee" means a political committee,
other than an authorized committee, that has one or more sponsors.
(46) "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.
(((45))) (47) "State official" means a person who holds a state
office.
(((46))) (48) "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 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 42.17A.255.
(((47))) (49) "Treasurer" and "deputy treasurer" mean the
individuals appointed by a candidate or political committee, pursuant
to RCW 42.17A.210, to perform the duties specified in that section.
Sec. 4 RCW 42.17.040 and 2010 c 205 s 1 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. 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, 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;
(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) No two political committees may have the same name.
(4) Any material change in information previously submitted in a
statement of organization shall be reported to the commission within
the ten days following the change.
(5) As used in this section, the "name" of a sponsored committee
must include the name of the person that is the sponsor of the
committee. If more than one person meets the definition of sponsor,
the name of the committee must include the name of at least one
sponsor, but may include the names of other sponsors. A person may
sponsor only one political committee for the same elected office or
same ballot measure per election cycle.
Sec. 5 RCW 42.17A.205 and 2010 c 205 s 1 and 2010 c 204 s 402 are
each reenacted and amended to read as follows:
(1) Every political committee shall file a statement of
organization with the commission. 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 42.17A.430, 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 42.17A.235;
(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) No two political committees may have the same name.
(4) Any material change in information previously submitted in a
statement of organization shall be reported to the commission within
the ten days following the change.
(5) As used in this section, the "name" of a sponsored committee
must include the name of the person that is the sponsor of the
committee. If more than one person meets the definition of sponsor,
the name of the committee must include the name of at least one
sponsor, but may include the names of other sponsors. A person may
sponsor only one political committee for the same elected office or
same ballot measure per election cycle.
Sec. 6 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)) five thousand dollars or more in the
preceding year or expects to expend ((ten)) 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.
(3) Failure by a candidate or political committee to comply with
this section is a violation of this chapter.
Sec. 7 RCW 42.17A.245 and 2010 c 204 s 410 are each amended to
read as follows:
(1) Each candidate or political committee that expended ((ten))
five thousand dollars or more in the preceding year or expects to
expend ((ten)) 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 42.17A.055. 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) Failure by a candidate or political committee to comply with
this section is a violation of this chapter.
NEW SECTION. Sec. 8 A new section is added to chapter 42.17 RCW
to read as follows:
(1) A political committee may make an expenditure to another
political committee only when the contributing political committee has
received contributions of ten dollars or more each from at least ten
persons registered to vote in Washington state.
(2) This section expires January 1, 2012.
NEW SECTION. Sec. 9 A new section is added to chapter 42.17A RCW
to read as follows:
A political committee may make an expenditure to another political
committee only when the contributing political committee has received
contributions of ten dollars or more each from at least ten persons
registered to vote in Washington state.
Sec. 10 RCW 42.17.390 and 2006 c 315 s 2 are each amended to read
as follows:
(1) 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))) (a) 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 election may
be held void and a special election held within sixty days of such
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))) (b) 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 imposition of such sanction shall not excuse
said lobbyist from filing statements and reports required by this
chapter.
(((3))) (c) Any 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 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))) (d) Any 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))) (e) Any 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))) (f) 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.
(2) A violation of the provisions of this chapter may be punished
under chapter 9.94A RCW as follows:
(a) A person who intentionally violates a provision of this chapter
is guilty of a misdemeanor;
(b) A person who, within a five-year period, intentionally violates
three or more provisions of this chapter is guilty of a gross
misdemeanor; and
(c) A person who intentionally procures or offers any false or
forged document to be filed, registered, or recorded with the
commission under this chapter is guilty of a class C felony.
Sec. 11 RCW 42.17A.750 and 2010 c 204 s 1001 are each amended to
read as follows:
(1) 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))) (a) 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 that election may
be held void and a special election held within sixty days of 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))) (b) 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. The
imposition of a sanction shall not excuse the lobbyist from filing
statements and reports required by this chapter.
(((3))) (c) 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 violation. However, a person or entity who violates
RCW 42.17A.405 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))) (d) 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
delinquency continues.
(((5))) (e) 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))) (f) 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.
(2) An intentional violation of the provisions of this chapter may
be punished under chapter 9.94A RCW as follows:
(a) A person who knowingly violates a provision of this chapter is
guilty of a misdemeanor;
(b) A person who, within a five-year period, knowingly violates
three or more provisions of this chapter is guilty of a gross
misdemeanor; and
(c) A person who knowingly procures or offers any false or forged
document to be filed, registered, or recorded with the commission under
this chapter is guilty of a class C felony.
Sec. 12 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 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
determination. Any order that the commission issues under this section
shall be pursuant to such 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.
(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))) (1) (b)
through (e). ((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))
The commission may assess a penalty in an amount not to exceed ten
thousand 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.
Sec. 13 RCW 42.17A.755 and 2010 c 204 s 1002 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 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 42.17A.105.
(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 42.17A.750 (((2) through (5))) (1) (b)
through (e). ((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))
The commission may assess a penalty in an amount not to exceed ten
thousand 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, 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 42.17A.760.
NEW SECTION. Sec. 14 Sections 2, 4, 6, 10, and 12 of this act
expire January 1, 2012.
NEW SECTION. Sec. 15 Sections 3, 5, 7, 11, and 13 of this act
take effect January 1, 2012.
NEW SECTION. Sec. 16 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.