Passed by the House April 22, 2013 Yeas 95   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 17, 2013 Yeas 40   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1093 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/11/13.
AN ACT Relating to state agencies' lobbying activities; amending RCW 42.17A.750 and 42.17A.055; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 42.17A.750 and 2011 c 145 s 6 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:
(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.
(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.
(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.
(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.
(e) Each state agency director who knowingly fails to file
statements required by RCW 42.17A.635 shall be subject to personal
liability in the form of a civil penalty in the amount of one hundred
dollars per statement. These penalties are in addition to any other
civil remedies or sanctions imposed on the agency.
(f) 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.
(((f))) (g) Any state agency official, officer, or employee who is
responsible for or knowingly directs or expends public funds in
violation of RCW 42.17A.635 (2) or (3) may be subject to personal
liability in the form of a civil penalty in an amount that is at least
equivalent to the amount of public funds expended in the violation.
(h) 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. 2 RCW 42.17A.055 and 2010 c 204 s 202 are each amended to
read as follows:
(1) The commission shall make available to candidates, public
officials, and political committees that are required to file reports
under this chapter an electronic filing alternative for submitting
financial affairs reports, contribution reports, and expenditure
reports.
(2) The commission shall make available to lobbyists and lobbyists'
employers required to file reports under RCW 42.17A.600, 42.17A.615,
42.17A.625, or 42.17A.630 an electronic filing alternative for
submitting these reports.
(3) State agencies required to report under RCW 42.17A.635 must
file all reports electronically.
(4) The commission shall make available to candidates, public
officials, political committees, lobbyists, and lobbyists' employers an
electronic copy of the appropriate reporting forms at no charge.
NEW SECTION. Sec. 3 This act takes effect January 1, 2014.