HOUSE BILL REPORT

HB 1929

BYRepresentatives Pruitt, R. Fisher and Nelson

Defining the terms "lobby" and "lobbying" for the purposes of the public disclosure law.

House Committe on State Government

Majority Report:  Do pass with amendments.  (8)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; R. King, Morris, O'Brien, Rector and Sayan.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Hankins and Silver.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON STATE GOVERNMENT FEBRUARY 28, 1989

BACKGROUND:

Lobbying.  The public disclosure laws define "lobbying" as attempts to influence the passage or defeat of any state legislation or the adoption or rejection of any rule, standard, rate or similar act of a state agency under the Administrative Procedure Act.

Lobbying Reports.  Although persons who lobby are required to register with the Public Disclosure Commission, exemptions from this requirement are established by law for a number of lobbying activities.  Registered lobbyists must file monthly reports with the Commission.  Employers of lobbyists must file annual reports with the Commission.

In 1987, the Legislature enacted legislation expressly requiring registered lobbyists and employers of lobbyists to report their expenses for the following activities:  the development of legislation or rules, the development of support for or opposition to legislation or rules, and attempts to influence the development of legislation or rules.

Grass Roots Lobbying.  Special monthly reports regarding expenditures for grass roots lobbying must also be filed with the Commission.  (Grass roots lobbying is lobbying directed at the public but which is designed to influence legislation.)  If the expenditures would otherwise be contained in other reports which must be filed with the Commission, these special monthly reports are not required.

SUMMARY:

BILL AS AMENDED:  Lobbying.  The definition of "lobbying" is amended as it applies to all of the provisions of the state's public disclosure laws.  Lobbying expressly includes any activity to develop, develop support or opposition for, or to influence the development of legislation, rules, standards, rates, or enactments.  It does not include the following activities:  a determination of whether a person should be employed as a lobbyist; a proposal for a contract to lobby; a determination that lobbying activities should be conducted; or the formulation of the policy or position which is the basis of an attempt to influence the passage or defeat of any legislation, rule, standard, rate, or enactment.

Grass Roots Lobbying.  An annual report filed with the Public Disclosure Commission by an employer of a lobbyist may no longer be filed in lieu of a monthly report regarding grass roots lobbying.  Lobbying by a public utility which is directed to any large portion of the subscribers to the services of the utility qualifies as grass roots lobbying; however, a communication between an organization and the members of the organization does not.

AMENDED BILL COMPARED TO ORIGINAL:  The provisions regarding grass roots lobbying are added by the amendment.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Jim Justin, Washington Association of Cities.

House Committee - Testified Against:      Graham Johnson, Public Disclosure Commission.

House Committee - Testimony For:    There are a number of instances in which policies are developed through a lengthy research and convention process.  The bill excludes this policy formulation process from the definition of "lobbying" so it does not have to be reported as a lobbying activity.

House Committee - Testimony Against:      (1) The term "development" has been difficult for the Public Disclosure Commission to define.  Use of the term should not be continued as it is in this bill.  (2) Further revisions to the lobbyist reporting requirements should be made regarding entertainment, certain office expenses, and reports filed by the employers of lobbyists.  (3) Provisions of law regarding grass roots lobbying should be altered; annual reports filed by employers should not be used in lieu of monthly reports.