Z-671 _______________________________________________
HOUSE BILL NO. 1153
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives R. Fisher, McLean, Anderson, Sayan, Morris, O'Brien, Hankins, Todd, Nelson, Beck, Phillips, Sprenkle and Wineberry; by request of Public Disclosure Commission
Read first time 1/18/89 and referred to Committee on State Government.
AN ACT Relating to lobbying; amending RCW 42.17.020, 42.17.150, 42.17.155, 42.17.160, 42.17.170, and 42.17.180; adding new sections to chapter 42.17 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 1, Laws of 1973 as last amended by section 5, chapter 34, Laws of 1984 and RCW 42.17.020 are each amended to read as follows:
(1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
(2) "Ballot proposition" means any "measure" as defined by RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.
(3) "Campaign depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
(4) "Campaign treasurer" and "deputy campaign treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
(5) "Candidate" means any individual who seeks election to public office. An individual shall be deemed to seek election when he first:
(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his candidacy for office; or
(b) Announces publicly or files for office.
(6) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
(7) "Commission" means the agency established under RCW 42.17.350.
(8) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
(9) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
(10) "Contract lobbyist" means a person, other than a regular employee of a lobbyist's employer, who contracts for economic consideration for the purpose of lobbying.
(11) "Contribution" includes a loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or transfer of anything of value, including personal and professional services for less than full consideration, but does not include interest on moneys deposited in a political committee's account, ordinary home hospitality and the rendering of "part-time" personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of twenty-five dollars personally paid for by the worker. "Part-time" services, for the purposes of this chapter, means services in addition to regular full-time employment, or, in the case of an unemployed person, services not in excess of twenty hours per week, excluding weekends. For the purposes of this chapter, contributions other than money or its equivalents shall be deemed to have a money value equivalent to the fair market value of the contribution. Sums paid for tickets to fund-raising events such as dinners and parties are contributions; however, the amount of any such contribution may be reduced for the purpose of complying with the reporting requirements of this chapter, by the actual cost of consumables furnished in connection with the purchase of the tickets, and only the excess over the actual cost of the consumables shall be deemed a contribution.
(((11)))
(12) "Elected official" means any person elected at a general
or special election to any public office, and any person appointed to fill a
vacancy in any such office.
(((12)))
(13) "Election" includes any primary, general, or special
election for public office and any election in which a ballot proposition is
submitted to the voters: PROVIDED, That an election in which the
qualifications for voting include other than those requirements set forth in
Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington
shall not be considered an election for purposes of this chapter.
(((13)))
(14) "Election campaign" means any campaign in support of or
in opposition to a candidate for election to public office and any campaign in
support of, or in opposition to, a ballot proposition.
(((14)))
(15) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift of money or
anything of value, and includes a contract, promise, or agreement, whether or
not legally enforceable, to make an expenditure. The term
"expenditure" also includes a promise to pay, a payment, or a
transfer of anything of value in exchange for goods, services, property,
facilities, or anything of value for the purpose of assisting, benefiting, or
honoring any public official or candidate, or assisting in furthering or
opposing any election campaign. For the purposes of this chapter, agreements
to make expenditures, contracts, and promises to pay may be reported as
estimated obligations until actual payment is made. The term
"expenditure" shall not include the partial or complete repayment by
a candidate or political committee of the principal of a loan, the receipt of
which loan has been properly reported, or payment of service charges against a
political committee's campaign account.
(((15)))
(16) "Final report" means the report described as a final
report in RCW 42.17.080(2).
(((16)))
(17) "Immediate family" includes the spouse, dependent
children, and other dependent relatives, if living in the household.
(((17)))
(18) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or proposed in either house
of the state legislature, and includes any other matter that may be the subject
of action by either house or any committee of the legislature and all bills and
resolutions that, having passed both houses, are pending approval by the
governor.
(((18)))
(19) "Lobby" and "lobbying" each mean attempting to
influence the passage or defeat of any legislation by the legislature of the
state of Washington, or the adoption or rejection of any rule, standard, rate,
or other legislative enactment of any state agency under the state Administrative
Procedure Act((s)), chapter ((34.04)) 34.05
RCW ((and chapter 28B.19 RCW)).
(((19)))
(20) "Lobbyist" includes any person who lobbies either in his
own or another's behalf.
(((20)))
(21) "Lobbyist's employer" means the person or persons by whom
a lobbyist or contract lobbyist is employed ((and all persons by whom
he is compensated for acting)) or authorized to act as a lobbyist.
(((21)))
(22) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal, state, or local
governmental entity or agency however constituted, candidate, committee,
political committee, political party, executive committee thereof, or any other
organization or group of persons, however organized.
(((22)))
(23) "Person in interest" means the person who is the subject
of a record or any representative designated by that person, except that if
that person is under a legal disability, the term "person in
interest" means and includes the parent or duly appointed legal
representative.
(((23)))
(24) "Political advertising" includes any advertising
displays, newspaper ads, billboards, signs, brochures, articles, tabloids,
flyers, letters, radio or television presentations, or other means of mass
communication, used for the purpose of appealing, directly or indirectly, for votes
or for financial or other support in any election campaign, or presenting a
program addressed to the public, a substantial portion of which is intended,
designed, or calculated primarily to influence legislation.
(((24)))
(25) "Political committee" means any person (except a
candidate or an individual dealing with his own funds or property) having the
expectation of receiving contributions or making expenditures in support of, or
opposition to, any candidate or any ballot proposition.
(((25)))
(26) "Public office" means any federal, state, county, city,
town, school district, port district, special district, or other state
political subdivision elective office.
(((26)))
(27) "Public record" includes any writing containing
information relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained by any
state or local agency regardless of physical form or characteristics.
(((27)))
(28) "Surplus funds" mean, in the case of a political
committee or candidate, the balance of contributions that remain in the
possession or control of that committee or candidate subsequent to the election
for which the contributions were received, and that are in excess of the
amount necessary to pay remaining debts incurred by the committee or candidate
prior to that election. In the case of a continuing political committee,
"surplus funds" mean those contributions remaining in the possession
or control of the committee that are in excess of the amount necessary to pay
all remaining debts when it makes its final report under RCW 42.17.065.
(((28)))
(29) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording any form of
communication or representation, including letters, words, pictures, sounds, or
symbols, or combination thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, magnetic or punched cards, discs, drums, and
other documents.
As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.
Sec. 2. Section 15, chapter 1, Laws of 1973 as last amended by section 1, chapter 201, Laws of 1987 and RCW 42.17.150 are each amended to read as follows:
(1) Before
doing any lobbying, or within ((thirty days)) two weeks after
being employed or assigned as a lobbyist, whichever occurs first, a
lobbyist shall ((register by filing)) file with the commission a
((lobbyist)) registration statement in such detail as the commission
shall prescribe, showing:
(a) ((His))
The lobbyist's name, ((permanent) business address, and ((any
temporary residential and business addresses in Thurston county during the
legislative session)) telephone number;
(b) The
name((,)) and business address ((and occupation or business))
of the lobbyist's employer;
(c) ((The
duration of his employment;
(d) His)) The terms of compensation for lobbying; how
much ((he)) is to be paid for expenses, and what expenses are to be
reimbursed;
(((e)))
(d) Whether ((the person from whom he receives said compensation
employs him)) employment is solely ((as a lobbyist)) for
lobbying or whether ((he is a regular employee performing services for
his employer which include but are not limited to the influencing of
legislation;
(f) The
general subject or subjects of his legislative interest;
(g) A
written authorization from each of the lobbyist's employers confirming such
employment;
(h) The
name and address of the person who will have custody of the accounts, bills,
receipts, books, papers, and documents required to be kept under this chapter;
(i) If the
lobbyist's employer is an entity (including, but not limited to, business and
trade associations) whose members include, or which as a representative entity
undertakes lobbying activities for, businesses, groups, associations, or
organizations, the name and address of each member of such entity or person
represented by such entity whose fees, dues, payments, or other consideration
paid to such entity during either of the prior two years have exceeded five
hundred dollars or who is obligated to or has agreed to pay fees, dues,
payments, or other consideration exceeding five hundred dollars to such entity
during the current year)) lobbying is only a part of the duties.
(2) In addition to the above information, each contract lobbyist's registration shall include:
(a) the name of each individual who is a proprietor, officer, partner, or employee of the contract lobbyist and who is authorized to lobby on behalf of the employer;
(b) The name and address of each other lobbyist, contract lobbyist, or subcontractor the contract lobbyist expects to compensate or give other consideration for assisting with the lobbying effort; and
(c) The name and address of the person who will have custody of the accounts, bills, receipts, books, papers, and documents required to be kept under this chapter.
(3) The registration shall include:
(a) Written confirmation of the lobbyist's employment or assignment by the chief executive officer of the employer or other official with authority to sign for the employer;
(b) The employer's principal product, service, or business activity;
(c) The issues or subjects, or both, of legislative or rule-making interest for which lobbying is authorized;
(d) The name, address, and telephone number of the person who will have custody of the accounts, bills, receipts, books, papers, and documents required to be kept under this chapter;
(e) If the employer has a connected, related, or closely affiliated political committee, the name of that committee; and
(f) If the lobbyist's employer is an entity (including, but not limited to, business and trade associations) that as a representative entity lobbies for individuals, businesses, groups, associations, or organizations, the name and address of each member of the entity or person represented by the entity whose fees, dues, payments, or other consideration paid to the entity during either of the prior two years have exceeded five hundred dollars or who is obligated to or has agreed to pay fees, dues, payments, or other consideration exceeding five hundred dollars to the entity during the current year.
(4) Any
lobbyist who receives or is to receive compensation from more than one person
for his services as a lobbyist with respect to the same legislation or type
of legislation shall file a separate ((notice of representation with
respect to)) registration for each such person((; except that
where a lobbyist whose fee for acting as such in respect to the same
legislation or type of legislation is, or is to be, paid or contributed to by
more than one person then such lobbyist may file a single statement, in which
he shall detail the name, business address and occupation of each person so
paying or contributing, and the amount of the respective payments or
contributions made by each such person)).
(((3)))
(5) Whenever a change, modification, or termination of the ((lobbyist's
employment)) registration occurs, the lobbyist whose registration
is affected shall, within ((one)) two weeks of such
change, modification, or termination, furnish full information regarding
the same ((by filing with)) to the commission ((an amended
registration statement)).
(((4)))
(6) Each lobbyist who has registered shall file a new registration
statement, revised as appropriate, on the second Monday in January of each
odd-numbered year, and failure to do so shall terminate his registration.
(7) The commission may be rule require other information relevant to the registration and identification of persons who lobby or employ lobbyists.
Sec. 3. Section 21, chapter 294, Laws of 1975 1st ex. sess. as last amended by section 8, chapter 367, Laws of 1985 and RCW 42.17.155 are each amended to read as follows:
(1)
Each lobbyist shall at the time he registers submit to the commission a recent
photograph of himself of a size and format as determined by rule of the commission,
together with the name of the lobbyist's employer, the length of his employment
as a lobbyist before the legislature, a brief biographical description, and any
other information he may wish to submit not to exceed fifty words in length.
((Such))
(2) Each contract lobbyist shall submit the photograph and information required under subsection (1) of this section for each individual authorized to lobby on behalf of its lobbyist employers.
(3) The
photograph and information shall be published ((at least annually)) biannually
in a booklet form by the commission for distribution to legislators and the
public.
Sec. 4. Section 16, chapter 1, Laws of 1973 as last amended by section 12, chapter 147, Laws of 1982 and RCW 42.17.160 are each amended to read as follows:
The
following persons and activities shall be exempt from registration ((and
reporting)) under RCW 42.17.150((, 42.17.170, and 42.17.200)):
(1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or public hearings of state agencies;
(2) News or feature reporting activities and editorial comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;
(3) Persons
((who lobby without)) whose compensation or other consideration
for acting as a lobbyist((: PROVIDED, Such)) is only reimbursement
for travel expenses, if the person ((makes no)) limits
expenditures to a total of fifty dollars for or on behalf of ((any))
members of the legislature ((or)), candidates for election to
the legislature, state elected officials, or ((public)) state
officers or employees ((of the state of Washington)) in
connection with such lobbying. The exemption contained in this subsection is
intended to permit and encourage citizens of this state to lobby any
legislator, public official, or state agency without incurring any registration
or reporting obligation provided they do not exceed the limits stated above.
Any person exempt under this subsection (((3))) may at his option
register and report under this chapter;
(4) Persons who limit their activities to monitoring activities of the legislature, its committees, or a state agency or to providing professional services in drafting bills or in advising an employer and in rendering opinions as to the construction and effect of proposed or pending legislation where such professional service is not otherwise connected with lobbying;
(5) Persons
not otherwise exempt under subsection (3) of this section who restrict
their lobbying activities to no more than four days or parts thereof during any
three-month period, and whose total expenditures during such three-month
period for or on behalf of any one or more members of the legislature or state
elected officials or public officers or employees of the state of Washington in
connection with such lobbying do not exceed ((twenty-five [dollars]:
PROVIDED, That)) fifty dollars. However, any compensation paid to or
expenditures made by or on behalf of such persons for lobbying for or on behalf
of the employer of a registered lobbyist shall be reported on the expenditure
report required to be filed by lobbyists and contract lobbyists. In addition,
the commission ((shall)) may promulgate regulations to require
disclosure by persons exempt under this subsection or their employers or
entities which sponsor or coordinate the lobbying activities of such persons if
it determines that such regulations are necessary to prevent frustration of the
purposes of this chapter. Any person exempt under this subsection (((4)))
may at his option register and report under this chapter;
(((5)))
(6) The governor;
(((6)))
(7) The lieutenant governor;
(((7)))
(8) Except as provided by RCW 42.17.190(1), members of the legislature;
(((8)))
(9) Except as provided by RCW 42.17.190(1), persons employed by the
legislature for the purpose of aiding in the preparation or enactment of
legislation or the performance of legislative duties;
(((9)))
(10) Elected officials, and officers and employees of any agency
reporting under RCW 42.17.190(4) as now or hereafter amended.
Sec. 5. Section 17, chapter 1, Laws of 1973 as last amended by section 1, chapter 423, Laws of 1987 and RCW 42.17.170 are each amended to read as follows:
(1) ((Any))
A lobbyist registered or required to be registered under RCW 42.17.150
((and any person who lobbies)) shall file with the commission ((periodic))
a monthly report((s)) of ((his activities signed by the
lobbyist)) compensation and expenditures. The report((s))
shall be made in the form and manner prescribed by the commission. ((They
shall be due monthly)) The report shall cover a calendar month and
shall be filed within fifteen days after the last day of ((the calendar))
that month ((covered by the report)).
(2) Each ((such))
monthly ((periodic)) report shall contain:
(a) ((The
totals of all expenditures for lobbying activities made or incurred by such
lobbyist or on behalf of such lobbyist by the lobbyist's employer during the
period covered by the report. As used in this section, "lobbying
activities" includes, but is not limited to, 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. Such totals for lobbying activities shall be segregated according to
financial category, including compensation; food and refreshments; living
accommodations; advertising; travel; contributions; and other expenses or
services. Each individual expenditure of more than twenty-five dollars for
entertainment shall be identified by date, place, amount, and the names of all
persons in the group partaking in or of such entertainment including any
portion thereof attributable to the lobbyist's participation therein but
without allocating any portion of such expenditure to individual participants.
Notwithstanding
the foregoing, lobbyists are not required to report the following:
(i)
Unreimbursed personal living and travel expenses not incurred directly for
lobbying;
(ii) Any
expenses incurred for his or her own living accommodations;
(iii) Any
expenses incurred for his or her own travel to and from hearings of the
legislature;
(iv) Any
expenses incurred for telephone, and any office expenses, including rent and
salaries and wages paid for staff and secretarial assistance.
(b) In the
case of a lobbyist employed by more than one employer, the proportionate amount
of such expenditures in each category incurred on behalf of each of his
employers.
(c) An
itemized listing of each such expenditure in the nature of a contribution of
money or of tangible or intangible personal property to any candidate, elected
official, or officer or employee of any agency, or any political committee
supporting or opposing any ballot proposition, or for or on behalf of any
candidate, elected official, or officer or employee of any agency, or any
political committee supporting or opposing any ballot proposition. All
contributions made to, or for the benefit of, any candidate, elected official,
or officer or employee of any agency, or any political committee supporting or
opposing any ballot proposition shall be identified by date, amount, and the
name of the candidate, elected official, or officer or employee of any agency,
or any political committee supporting or opposing any ballot proposition
receiving, or to be benefited by each such contribution.
(d))) The total compensation and reimbursement paid or
owed to the lobbyist by the employer for lobbying services performed during the
report period. Amounts to be reported shall include those for time, services,
and reimbursement of expenses in direct and indirect contacts with legislators,
legislative staff, state elected officials, and state officers and employees
for lobbying. A lobbyist shall not be required to include in reported
compensation the value of fringe benefits such as retirement credits, medical
insurance, vacation, and similar benefits that are not paid directly to the
employee. The amounts shall also include charges for services in researching
issues, developing strategy, drafting bills, or advising the employer and
rendering opinions as to the construction and effect of proposed or pending
legislation if the activities may reasonably be expected to result in or be an
integral part of lobbying;
(b) The amount for or value of entertainment, including food and refreshments. Each individual expenditure of fifty dollars or more shall identify the date, place, amount, and the names of each person entertained, including lobbyists and other officers, members, and employees of the lobbyist employer;
(c) The amount for or value of gifts, tickets, passes, or travel expenses, including transportation, lodging, meals, and other travel-related expenses, provided to legislators, state officials or employees, or members of their immediate families by the lobbyist or lobbyist's employer. At any time the value of gifts or travel to one person exceeds fifty dollars during a calendar year, the name of the recipient, the total value of gifts to that person, and the name of the employer responsible for the gifts shall be reported;
(d) The amount or value of contributions or other campaign assistance to any candidate for state elective office, any political committee whose purpose is to support or oppose the election of one or more candidates for state elective office, the office fund account of any state elected official or state officer, any fund of a caucus of the legislature, any state or legislative district political committee, any political committee formed for the purpose of supporting or opposing a state-wide ballot measure or any grass roots lobby campaign. Each individual contribution of fifty dollars or more shall identify the date, amount, name of the recipient, and name of the employer on whose behalf the contribution was made;
(e) The amount paid or promised to be paid for lobbying to any lobbyist, expert witness, or subcontractor, not a regular employee of the lobbyist's employer. The report shall include the recipient's name and business address, the employer on whose behalf the lobbying was done, and a brief description of the lobbying activities.
(f) The amount for advertising, mailings, public relations, polling, and similar lobbying activities addressed to the public or a segment of the public. The report shall include the name of the employer on whose behalf the activity was done;
(g) The amount expended for or value of activities required to be reported by section 8 of this act. A copy of each report of special lobbying activity shall accompany the lobbyist's monthly report;
(h) The
subject matter of proposed legislation or other legislative activity or
rule-making under chapter ((34.04)) 34.05 RCW ((and chapter
28B.19 RCW)) (the state Administrative Procedure Act((s)))
and the state agency considering the same, which the lobbyist has been engaged
in supporting or opposing during the reporting period((.)); and
(((e)))
(i) Such other information relevant to lobbying activities as the
commission shall by rule prescribe, in keeping with the policies and
purposes of this chapter. Information supporting such activities as are
required to be reported is subject to audit by the commission.
(3)(a) The compensation and expenditures to be reported under this section are those whose principal purpose is for lobbying, and those that would not have been made but for lobbying.
(b) The amounts or values required to be reported shall include cash and the fair market value of goods, services, or tangible or intangible property.
NEW SECTION. Sec. 6. A new section is added to chapter 42.17 RCW to read as follows:
(1) Each contract lobbyist registered under this chapter shall file a report of compensation and expenditures with the commission. The report shall cover a calendar month and shall be filed within fifteen days after the last day of that month.
(2) The monthly report shall contain:
(a) The name and address of the contract lobbyist;
(b) The name of each employer for whom the contract lobbyist is registered to lobby;
(c) The total compensation and reimbursement paid or owed by each employer for lobbying services performed during the report period. Amounts to be reported shall include those for time, services, and reimbursement of expenses in direct and indirect contacts with legislators, legislative staff, elected officials, and officers and employees of the state of Washington for lobbying. The amounts shall also include charges for professional services in drafting bills, advising clients, or rendering opinions as to the construction and effect of proposed or pending legislation if the activities may reasonably be expected to result in or be an integral part of lobbying;
(d) The names of officers or employees of the contract lobbyist who lobbied during the month, and the employer on whose behalf the person lobbied;
(e) The amount incurred for or value of entertainment, including food and refreshments. Each individual expenditure of fifty dollars or more shall identify the date, place, amount, and names of each person entertained, including the contract lobbyist, its employees and officers, members, and employees of the lobbyist's employer;
(f) The amount incurred by the contract lobbyist for or value of gifts, tickets, passes, or travel expenses, including transportation, lodging, meals, and other travel-related expenses, provided to legislators, state officials and employees, or members of their immediate families. At any time the value of gift or travel to one person exceeds fifty dollars during a calendar year, the name of the recipient, the total value of gifts to that person, and the name of the employer responsible for the gifts shall be reported;
(g) The amount incurred by the contract lobbyist for or value of contributions or other campaign assistance to any candidate for state elective office, any political committee whose purpose is to support or oppose the election of one or more candidates for state elective office, the office fund account of any state elected official or state officer, any fund of a caucus of the legislature, any state or legislative district political committee, any political committee formed for the purpose of supporting or opposing a state-wide ballot measure, or any grass roots lobby campaign. Each individual contribution of fifty dollars or more shall identify the date, amount, name of the recipient, and name of the employer on whose behalf the contribution was made;
(h) The amount paid or promised to be paid for lobbying or to assist in lobbying to any lobbyist, contract lobbyist, expert witness, or subcontractor, not a regular employee of the contract lobbyist. The report shall include the recipient's name and business address, the employer on whose behalf the lobbying was done, and a brief description of the lobbying activities;
(i) The amount incurred by the contract lobbyist for advertising, mailings, public relations, polling, and similar lobbying activities addressed to the public or a segment of the public. The report shall include the name of the employer on whose behalf the activity was done;
(j) The amount expended for or value of special lobbying activities required to be reported by section 8 of this act. A copy of each report of special lobbying activity shall accompany the contract lobbyist's monthly report;
(k) The subject matter of proposed legislation or other legislative activity or rule-making under chapter 34.05 RCW (the state Administrative Procedure Act) and the state agency considering the same, which the contract lobbyist has been engaged in supporting or opposing during the reporting period; and
(l) Such other relevant information as the commission shall by rule prescribe, in keeping with the policies and purposes of this chapter. Information supporting such activities as are required to be reported is subject to audit by the commission.
(3)(a) The compensation and expenditures to be reported under this section are those whose principal purpose is for lobbying, and those that would not have been made but for lobbying.
(b) The amounts or values required to be reported shall include cash and the fair market value of goods, services, or tangible or intangible property.
Sec. 7. Section 18, chapter 1, Laws of 1973 as last amended by section 2, chapter 423, Laws of 1987 and RCW 42.17.180 are each amended to read as follows:
((Every))
(1) Each employer of a lobbyist registered under this chapter shall
file a report for the period during which the ((preceding
calendar year shall file with the commission on or before March 31st of each
year a statement disclosing for the preceding calendar year)) registration
was in effect. The report shall be submitted at the times specified in subsection
(2) of this section and shall contain the following information:
(((1)))
(a) The name of each state elected official and the name of each
candidate for state office who was elected to the office during the period
and any member of the immediate family of those persons to whom the employer
has paid any compensation in the amount of five hundred dollars or more during
the preceding calendar year for personal employment or professional services,
including professional services rendered by a corporation, partnership, joint
venture, association, union, or other entity in which the person holds any
office, directorship, or any general partnership interest, or an ownership
interest of ten percent or more, the value of the compensation in accordance with
the reporting provisions set out in RCW 42.17.241(2), and the consideration
given or performed in exchange for the compensation.
(((2)))
(b) The name of each state elected official, successful candidate for
state office, or members of his immediate family to whom the lobbyist employer
made expenditures, directly or indirectly, either through a lobbyist or
otherwise, the amount of the expenditures and the purpose for the
expenditures. For the purposes of this subsection, the term expenditure shall
not include any expenditure made by the employer in the ordinary course of
business if the expenditure is not made for the purpose of influencing,
honoring, or benefiting the elected official, successful candidate, or member
of his immediate family, as an elected official or candidate.
(((3)))
(c) The total expenditures made by the employer for lobbying purposes,
whether through or on behalf of a registered lobbyist, contract lobbyist,
or otherwise. ((For the purposes of this subsection, "lobbying
purposes" includes, but is not limited to, 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.
(4))) (d) All contributions made to a candidate for
state office, ((to)) a political committee supporting or opposing a
candidate for state office, ((or to)) the office fund account of any
state elected official or state officer, any fund of a caucus of the
legislature, any state or legislative district political committee, a
political committee supporting or opposing a state-wide ballot proposition,
or any grass roots lobby campaign. Such contributions shall be identified
by the date, name, and ((the)) address of the recipient
and the aggregate amount of fifty dollars or more contributed to each
such recipient.
(((5)))
(e) The name and address of each political committee associated, affiliated,
or sponsored by the employer and the total contribution made by the committee
during the period.
(f) The
name and address of and total compensation and reimbursement for lobbying
paid to each registered lobbyist and contract lobbyist employed,
hired, contracted, retained, or assigned by the employer, and the
total expenditures made by the employer for each such lobbyist for lobbying
purposes. ((As used in this subsection, "lobbying purposes"
includes, but is not limited to, 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.
(6))) (g) The name and amount paid each employee or other
person to or for whom fees, salary, or wages of five hundred dollars or more
was spent for lobbying or professional assistance for lobbying. This subsection
does not apply to persons to the extent that their lobbying or professional
assistance is the result of an appointment or other specific written request of
the legislature to participate in a study or provide particular expertise.
(h)(i) The compensation and expenditures to be reported under this section are those whose principal purpose is for lobbying, and those that would not have been made but for lobbying.
(ii) The amounts or values required to be reported shall include cash, the fair market value of goods, services, or tangible or intangible property.
(i) Such other information as the commission prescribes by rule in keeping with the policies and purposes of this chapter.
(2) Employer's reports shall be submitted to the commission at the following times:
(a) Each employer who has made expenditures for lobbying between January 1st and June 30th that exceed ten thousand dollars shall file a report covering that period. The report shall be filed not later than July 31st.
(b) Each employer shall file a report covering the calendar year during which lobbying occurred. The report shall be filed not later than February 28th of the following year. Employers who have filed the semi-annual report required by (a) of this subsection need not include that information in their annual report.
NEW SECTION. Sec. 8. A new section is added to chapter 42.17 RCW to read as follows:
(1) Any person who spends twenty-five hundred dollars or more to sponsor a lobbying activity other than that covered by RCW 42.17.200 shall report the information required in sections 5 and 6 of this act.
(2) For purposes of this section: (a) "Special lobbying activities" includes but is not limited to receptions, rallies, demonstrations, transportation of members or supporters to facilitate individual or group lobbying, dinners, conventions, mass gatherings, parades, and mailings; and (b) "sponsor" means the person or entity who pays for, organizes, coordinates, or directs a lobbying activity.
(3) Within two weeks after the lobbying activity, the sponsor shall file with the commission a report including the following:
(a) The name and address of the sponsor;
(b) The name and address of the principal officers of the sponsor;
(c) A description of the activity and the place and date on which it was conducted;
(d) The name, address, and amount contributed by each person who contributed money, goods, or services with a value of one hundred dollars or more;
(e) The total of all expenditures made to sponsor or support the activity. Expenditures shall be listed in the following categories:
(i) Salaries or compensation of persons paid to plan, coordinate, operate, or participate in the event;
(ii) Advertising and printing;
(iii) Transportation;
(iv) Food, beverages, and catering;
(v) Lodging;
(vi) Rent of buildings or equipment; and
(vii) Other expenditures; and
(f) Such other relevant information as the commission may require by rule in keeping with the policies and purposes of this chapter.
NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 10. This act shall take effect January 1, 1990.