Passed by the Senate April 14, 2011 YEAS 46   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 9, 2011 YEAS 97   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5021 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved April 22, 2011, 1:36 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 22, 2011 Secretary of State State of Washington |
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 42.17A.245, 42.17A.750, and 42.17A.755; reenacting and amending RCW 42.17A.005 and 42.17A.205; adding a new section to chapter 42.17A RCW; creating a new section; prescribing penalties; and providing an effective date.
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 42.17A.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)(a) "Electioneering communication" means any broadcast, cable,
or satellite television or radio transmission, United States postal
service mailing, billboard, newspaper, or periodical that:
(((a))) (i) 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))) (ii) 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))) (iii) 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))) (b) "Electioneering communication" does not include:
(((a))) (i) 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))) (ii) 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))) (iii) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is:
(((i))) (A) Of primary interest to the general public;
(((ii))) (B) In a news medium controlled by a person whose business
is that news medium; and
(((iii))) (C) Not a medium controlled by a candidate or a political
committee;
(((d))) (iv) Slate cards and sample ballots;
(((e))) (v) Advertising for books, films, dissertations, or similar
works (((i))) (A) 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))) (B) written about a candidate;
(((f))) (vi) Public service announcements;
(((g))) (vii) 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))) (viii) An expenditure by or contribution to the authorized
committee of a candidate for state, local, or judicial office; or
(((i))) (ix) Any other communication exempted by the commission
through rule consistent with the intent of this chapter.
(((21))) (20) "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))) (21) "Final report" means the report described as a final
report in RCW 42.17A.235(2).
(((23))) (22) "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))) (23) "Gift" has the definition in RCW 42.52.010.
(((25))) (24) "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))) (25) "Incumbent" means a person who is in present
possession of an elected office.
(((27))) (26) "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))) (27)(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))) (28) "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))) (29) "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))) (30) "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))) (31) "Lobbyist" includes any person who lobbies either in
his or her own or another's behalf.
(((33))) (32) "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))) (33) "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))) (34) "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))) (35) "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))) (36) "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))) (37) "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))) (38) "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))) (39) "Public office" means any federal, state, judicial,
county, city, town, school district, port district, special district,
or other state political subdivision elective office.
(((41))) (40) "Public record" has the definition in RCW 42.56.010.
(((42))) (41) "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))) (42)(a) "Sponsor" for purposes 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.
(b) "Sponsor," for purposes of a political committee, means any
person, except an authorized committee, to whom any of the following
applies:
(i) The committee receives eighty percent or more of its
contributions either from the person or from the person's members,
officers, employees, or shareholders;
(ii) The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or employees.
(43) "Sponsored committee" means a committee, other than an
authorized committee, that has one or more sponsors.
(44) "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) "State official" means a person who holds a state office.
(46) "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) "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. 3 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. 4 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. 5 A new section is added to chapter 42.17A RCW
to read as follows:
A political committee may make a contribution 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. 6 RCW 42.17A.750 and 2010 c 204 s 1001 are each amended to
read as follows:
(1) In addition to the penalties in subsection (2) of this section,
and any other remedies provided by law, 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) The commission may refer the following violations for criminal
prosecution:
(a) A person who, with actual malice, violates a provision of this
chapter is guilty of a misdemeanor under chapter 9.92 RCW;
(b) A person who, within a five-year period, with actual malice,
violates three or more provisions of this chapter is guilty of a gross
misdemeanor under chapter 9.92 RCW; and
(c) A person who, with actual malice, 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 under
chapter 9.94A RCW.
Sec. 7 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) The commission has the authority to waive a fine for a first-time violation. A second violation of the same rule by the same person
or individual, regardless if the person or individual committed the
violation for a different political committee, shall result in a fine.
Succeeding violations of the same rule shall result in successively
increased fines.
(6) 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. 8 This act takes effect January 1, 2012.
NEW SECTION. Sec. 9 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.