SENATE BILL REPORT

SB 6167

BYSenators Nelson, Talmadge and Anderson

Revising provisions relating to public disclosure.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 27, 1988; February 2, 1988

Majority Report:  That Substitute Senate Bill No. 6167 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Niemi, Talmadge.

Senate Staff:Jon Carlson (786-7459)

                  February 2, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 2, 1988

BACKGROUND:

In 1972 the voters passed Initiative 276 which established the Public Disclosure Act.  Provisions in the act require the reporting of lobbying activities by public agencies.  Over the years, however, the original provisions have been modified several times to reflect changing attitudes with regard to the stringency of public agency reporting requirements.  Concern exists that the lobby exemptions currently afforded public agency lobbyists have led to excessive lobbying by agencies, and too limited reporting of their lobbying activities.  It is suggested that these exemptions ultimately provide public agency lobbyists with an undue advantage over private sector lobbyists.

SUMMARY:

Public agency lobbyists are required to register with the Public Disclosure Commission (PDC).  The public agency lobbyist must state whether he or she is a lobbyist only or a regular employee of the agency, indicate the general subject matter of his or her legislative interest, and show that he or she is authorized to speak on behalf of the employing agency.  A recent photograph of the lobbyist is required, and the lobbyist must inform the PDC as to any change, modification, or termination of employment within one week of the change. 

The scope of activities that constitute public agency lobbying is expanded.  Lobbying now includes:  1) requests for appropriations by a state agency to the Office of Financial Management (OFM), and requests by OFM to the Legislature for appropriations other than its own agency budget requests;  2) requests, recommendations, or other communications between or within state agencies or between or within local agencies;  3) telephone conversations or preparations of written correspondence; and 4) preparation or adoption of policy positions.

The quarterly reporting requirements of public agencies are retained, but are placed after the language pertaining to the registration of public agency lobbyists.  The provisions which allow public agency lobbyists the option to report in the same manner as a private lobbyist is deleted.

The Legislature may adopt rules for executive sessions of standing committees and caucuses.

EFFECT OF PROPOSED SUBSTITUTE:

Requests for appropriations by a state agency to the Office of Financial Management, and requests by the Office of Financial Management to the Legislature for appropriations other than its own agency budget requests are retained as exemptions to lobbying.

Telephone conversations or preparation of written correspondence to a legislator that do not expressly advocate a position in support of or in opposition to any proposed legislation do not constitute public agency lobbying.

The language allowing the Legislature to adopt rules for executive sessions of standing committees and caucuses is deleted.

The current definition of gifts is retained.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 25, 1988

Senate Committee - Testified: Graham Johnson, PDC; Mike Redman, WAPA; Stan Finkelstein, AWC (con); Gary Smith, Independent Business Association; Bill Roberts, Washington State Farm Bureau