Code A | Less than thirty thousand dollars; |
Code B | At least thirty thousand dollars, but less than sixty thousand dollars; |
Code C | At least sixty thousand dollars, but less than one hundred thousand dollars; |
Code D | At least one hundred thousand dollars, but less than two hundred thousand dollars; |
Code E | At least two hundred thousand dollars, but less than five hundred thousand dollars; |
Code F | At least five hundred thousand dollars, but less than seven hundred and fifty thousand dollars; |
Code G | At least seven hundred fifty thousand dollars, but less than one million dollars; or |
Code H | One million dollars or more. |
(c) An amount of stock may be reported by number of shares instead of by market value. No provision of this subsection may be interpreted to prevent any person from filing more information or more detailed information than required.
(4) Items of value given to an official's or employee's spouse, domestic partner, or family member are attributable to the official or employee, except the item is not attributable if an independent business, family, or social relationship exists between the donor and the spouse, domestic partner, or family member.))
The statement of financial affairs that an elected official and executive state officer must file under RCW 42.17A.700 is for the purpose of providing necessary information to the public for transparency and accountability about an official's personal financial interests to help ensure that the official is making decisions in the best interest of the public, not enhancing a personal financial interest, and to help identify potential conflicts of interest. The financial affairs statement, known as an "F-1," requires the disclosure of personal financial information of the filer and the immediate family members of the filer, which means spouse, or registered domestic partner, and dependents. Statements of financial affairs filed by a professional staff member of the legislature are subject to public disclosure upon request, but the commission may not post on any web site any statements of financial affairs filed by a professional staff member of the legislature before or after the effective date of this section. The commission shall establish rules for the information that must be reported in the statement of financial affairs, and shall provide an electronic filing application. (1) The statement of financial affairs must disclose financial information for the applicable reporting period within certain categories, as provided in this subsection. The commission shall detail in rules the type of information required for each category, and any additional information as necessary to carry out the purpose and policies of this chapter.
(a) Assets held. The statement must include information regarding the assets in which the filer or immediate family members held a direct financial interest, including:
(i) Each bank account and insurance policy with a value of twenty-five thousand dollars or more; and
(ii) Other intangible personal property with a value of ten thousand dollars or more, such as business ownership, securities, and retirement accounts.
(b) Sources of income. The statement must include information regarding the sources of income received by the filer or immediate family members with a value of two thousand five hundred dollars or more. Such information includes:
(i) Payments received, including compensation for employment or other consideration;
(ii) Government benefits received;
(iii) Pensions or other retirement income received; and
(iv) Income earned or provided from assets held by the filer or immediate family member.
(c) Debt. The statement must include information regarding the debt owed by the filer or immediate family members with a value of two thousand five hundred dollars or more, including the creditor's name, the original and present amount owed, the security given, and the terms of repayment. Debts arising from a "retail installment transaction" as defined in chapter 63.14 RCW, the retail installment sales act, are not required to be reported. (d) Real property. The statement must include information regarding the direct financial interest in real property with a value of fifteen thousand dollars or more that the filer or immediate family members acquired, sold, or held during the reporting period.
(i) Judges, prosecutors, sheriffs, and their immediate family members are not required to disclose the address or legal description of real property that is the personal residence of the judge, prosecutor, or sheriff. It is sufficient to disclose the following information regarding the personal residence of a judge, prosecutor, or sheriff:
(A) The city or town;
(B) The type of residence, such as a single-family or multifamily residence, and the nature of ownership; and
(C) Such other identifying information the commission prescribes by rule for the mailing address where the property is located.
(ii) The limitation on reporting information regarding personal residence may not be used to relieve a judge, prosecutor, or sheriff of any other applicable obligations to disclose potential conflicts or to recuse oneself.
(e) Gifts and other payments. The statement must include information regarding gifts received by the filer, including:
(i) Food and beverages with a value of fifty dollars or more, which were accepted in the ordinary course of meals where attendance is related to the performance of official duties, as provided under RCW 42.52.150(5); (ii) Payments for reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity, as provided under RCW 42.52.010(9)(d); (iii) Items accepted for which the filer was authorized to accept by law, as provided in RCW 42.52.010(9)(e); and (iv) Payment attributable to attending seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution, as provided under RCW 42.52.010(9)(f). (f) Lobbying activities. The statement must include information regarding:
(i) Any individual or entity who provided compensation to the filer or immediate family members to lobby, as defined in this chapter, or otherwise outside the state, except in the filer's or immediate family member's official service to a government entity; and
(ii) Any affiliated entity under (g) of this subsection that provided compensation to persons to lobby, as defined in this chapter, or otherwise outside the state.
(g) Businesses interests and associations. The statement must include information identifying each business, association, or other entity with which the filer or immediate family member holds an office or director position, or ownership interest of at least ten percent. In addition, the information must include:
(i) The compensation of fifteen thousand dollars or more provided to each identified entity;
(ii) The real property interest in the state of Washington of twenty-five thousand dollars or more held by each identified entity with which the filer or immediate family member holds at least a ten percent ownership interest; and
(iii) The value of any payment to each identified entity from the government unit in which the filer or immediate family member holds or seeks an office or position, except for payment for water and other utility services at rates approved by the authority of the public entity providing the service.
(2) Where the disclosure of an amount is required within a category of financial information, the commission may establish value codes that allow for reporting monetary amounts within certain ranges, instead of disclosing the actual amount.
Sec. 7. RCW
42.17A.765 and 2019 c 428 s 39 are each amended to read as follows:
(1)(a) The attorney general may bring civil actions in the name of the state for any appropriate civil remedy, including but not limited to the special remedies provided in RCW
42.17A.750 upon:
(i) Referral by the commission pursuant to RCW
42.17A.755(4);
(ii) Receipt of a notice provided in accordance with RCW
42.17A.755(5); ((
or))
(iii) Receipt of a notice of intent to commence a citizen's action, as provided under RCW
42.17A.775(3)
; or(iv) Allegation of a subsequent violation of this chapter by a person who previously paid a penalty or stipulated amount of at least one hundred thousand dollars for a violation or violations of this chapter.
(b) Within forty-five days of receiving a referral from the commission or notice of the commission's failure to take action provided in accordance with RCW
42.17A.755(5), or within ten days of receiving a citizen's action notice, the attorney general must publish a decision whether to commence an action on the attorney general's office web site. Publication of the decision within the forty-five day period, or ten-day period, whichever is applicable, shall preclude a citizen's action pursuant to RCW
42.17A.775.
(c) The attorney general should use the enforcement powers in this section in a consistent manner that provides guidance in complying with the provisions of this chapter to candidates, political committees, or other individuals subject to the regulations of this chapter.
(2) The attorney general may investigate or cause to be investigated the activities of any person who there is reason to believe is or has been acting in violation of this chapter, and may require any such person or any other person reasonably believed to have information concerning the activities of such person to appear at a time and place designated in the county in which such person resides or is found, to give such information under oath and to produce all accounts, bills, receipts, books, paper and documents which may be relevant or material to any investigation authorized under this chapter.
(3) When the attorney general requires the attendance of any person to obtain such information or produce the accounts, bills, receipts, books, papers, and documents that may be relevant or material to any investigation authorized under this chapter, the attorney general shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be delivered to or sent by registered mail to the person at least fourteen days before the date fixed for attendance. The order shall have the same force and effect as a subpoena, shall be effective statewide, and, upon application of the attorney general, obedience to the order may be enforced by any superior court judge in the county where the person receiving it resides or is found, in the same manner as though the order were a subpoena. The court, after hearing, for good cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend, revise, suspend, or postpone all or any part of its provisions. In any case where the order is not enforced by the court according to its terms, the reasons for the court's actions shall be clearly stated in writing, and the action shall be subject to review by the appellate courts by certiorari or other appropriate proceeding.
NEW SECTION. Sec. 8. Sections 4 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."
SHB 2772 - S COMM AMD
By Committee on State Government, Tribal Relations & Elections
EFFECT: (1) Relocates prohibition on PDC publication of legislative professional staff statements of financial affairs within RCW.
(2) Prohibits the Public Disclosure Commission from establishing an electronic directory, archive, or other compilation of political advertising unless explicitly authorized by the legislature.
(3) Grants the Attorney General original jurisdiction over claims of a subsequent violation of chapter
42.17A RCW by a person who previously paid a penalty or stipulated amount of at least $100,000 for a violation or violations of chapter
42.17A RCW.
(4) Adds emergency clause to changes regarding reporting of statements of financial affairs.
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