HB 1377

Brief Description: Modifying time frames applicable to certain public disclosure commission requirements.

Sponsors: Representatives Bergquist, Buys, Hunt, Fitzgibbon, Van De Wege and Carlyle; by request of Public Disclosure Commission.

Hearing Date: 2/7/13

Staff: Marsha Reilly (786-7135).

Background:

In 1972, the voters passed Initiative 276, which required the disclosure of campaign finances, lobbyist activities, financial affairs of elective officers and candidates and access to public records. The initiative created the Public Disclosure Commission (PDC), a five-member, bipartisan citizen commission, to enforce the provisions of the campaign finance disclosure law.

The Fair Campaign Practices Act was enacted following the passage of Initiative 134. The initiative imposed campaign contribution limits on elections for statewide and legislative office, further regulated independent expenditures, restricted the use of public funds for political purposes, and required public officials to report gifts received in excess of $50.

Rulemaking

The PDC has the authority to adopt, amend, and rescind administrative rules following the procedures of the Administrative Procedures Act. However, certain rules that would normally take effect after June 30 may not take effect until the day after the general election in that year in order to provide consistency during an election cycle. The PDC may also suspend or modify any of the campaign finance reporting requirements when it finds that such reporting is an unreasonable hardship in a particular case. Reporting modifications may only be made for a single report.

Reporting

There are various reporting provisions under campaign finance laws. Political committees must report contributions and expenditures to the PDC on a monthly basis as long as contributions or expenditures exceed $200 since the last report. In addition to the regular, monthly reports, special reports are required six days before a primary election and 21 days before a general election to report contributions of $1,000 or more in the aggregate from a single source. The reports may be filed electronically, in written form, including mailgram, telegram, or nightletter, or by telephone. Recipients must report the contribution within 48 hours of receipt and contributors must report the the contribution within 24 hours of when the contribution is made.

Conflict of Interest Reporting

Elected officials, candidates, and executive state officers, including legislative and gubernatorial professional staff, certain state agency heads, and board and commission members, are required to file personal financial affairs statements before April 15 for the previous calendar year. Filers must report financial information in order to disclose possible conflicts of interest.

Pre-election Contribution Limits

Contributions exceeding $50,000 for any campaign for statewide office or exceeding $5,000 for any other campaign made within 21 days of a general election are prohibited. This, however, does not apply to contributions made by, or accepted from, a bona fide political party, excluding the county central committee or legislative district committee. However, a recent court decision held that this provision is an unconstitutional violation of the first amendment, noting that large contributions are required to be disclosed within 24 and 48 hours under the special reporting provisions of the law.

Summary of Bill:

Rulemaking

Emergency rules adopted by the PDC prior to June 30 may be readopted when necessary to enable the rule to remain in effect through the next general election. The PDC may also adopt emergency rules to implement legislation that takes effect after June 30 in a general election year.

Reporting

The special reporting required to report contributions of $1,000 or more received or made six days before a primary election is extended to 21 days. All special reporting must be made electronically or in written form by electronic mail or facsimile. The deadline for reporting by recipients is changed from 48 hours to 24 hours of the receipt of a covered contribution.

Conflict of Interest Reporting

The PDC may suspend or modify personal financial affairs reporting requirements from yearly to the term of office for an elected official and up to three years for an executive state officer when no material change in financial circumstances are anticipated.

Pre-election Contribution Limits

The provisions that prohibit receipt of large contributions within 21 days of a general election are repealed.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.