ENGROSSED HOUSE BILL NO. 2655
AS AMENDED BY THE SENATE
C 139 L 90
State of Washington 51st Legislature 1990 Regular Session
By Representatives R. Fisher and Pruitt
Read first time 1/17/90 and referred to Committee on State Government.
AN ACT Relating to the public disclosure law; amending RCW 42.17.170, 42.17.180, and 42.17.200; reenacting and amending RCW 42.17.020; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The provisions of this act which repeal the reporting requirements established by chapter 423, Laws of 1987 for registered lobbyists and employers of lobbyists are not intended to alter, expand, or restrict whatsoever the definition of "lobby" or "lobbying" contained in RCW 42.17.020 as it existed prior to the enactment of chapter 423, Laws of 1987.
Sec. 2. Section 2, chapter 1, Laws of 1973 as last amended by section 89, chapter 175, Laws of 1989 and by section 1, chapter 280, Laws of 1989 and RCW 42.17.020 are each reenacted and 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) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
(4) "Treasurer" and "deputy 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) "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 personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. Volunteer services, for the purposes of this chapter, means services or labor for which the individual is not compensated by any person. 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) "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) "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) "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) "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.
(15) "Final report" means the report described as a final report in RCW 42.17.080(2).
(16) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household.
(17) "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) "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, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.
(19) "Lobbyist" includes any person who lobbies either in his own or another's behalf.
(20) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he is compensated for acting as a lobbyist.
(21) "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) "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) "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.
(24) "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) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.
(26) "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) "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) "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. 3. Section 17, chapter 1, Laws of 1973 as last amended by section 90, chapter 175, Laws of 1989 and RCW 42.17.170 are each amended to read as follows:
(1) Any lobbyist registered under RCW 42.17.150 and any person who lobbies shall file with the commission periodic reports of his activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the commission. They shall be due monthly and shall be filed within fifteen days after the last day of the calendar month covered by the report.
(2) Each such monthly periodic report shall contain:
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 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 lobbyist has been engaged in supporting or opposing during the reporting period.
(e) Such other information relevant to lobbying activities as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission.
Sec. 4. 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:
(1) Every employer of a lobbyist registered under this chapter during 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 the following information:
(a) The name of each state elected official and the name of each
candidate for state office who was elected to the office 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.
(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.
(c) The total expenditures made by the employer for lobbying purposes,
whether through or on behalf of a registered 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 a political committee supporting or opposing a state-wide
ballot proposition. Such contributions shall be identified by the name and the
address of the recipient and the aggregate amount contributed to each such
(e) The name and address of each registered lobbyist employed 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))) (f) Such other information as the commission
prescribes by rule.
(2) (a) Except as provided in (b) of this subsection, an employer of a lobbyist registered under this chapter shall file a special report with the commission if the employer makes a contribution or contributions aggregating more than one hundred dollars in a calendar month to any one of the following: A candidate, elected official, officer or employee of an agency, or political committee. The report shall identify the date and amount of each such contribution and the name of the candidate, elected official, agency officer or employee, or political committee receiving the contribution or to be benefited by the contribution. The report shall be filed on a form prescribed by the commission and shall be filed within fifteen days after the last day of the calendar month during which the contribution was made.
(b) The provisions of (a) of this subsection do not apply to a contribution which is made through a registered lobbyist and reportable under RCW 42.17.170.
Sec. 5. Section 20, chapter 1, Laws of 1973 as amended by section 10, chapter 367, Laws of 1985 and RCW 42.17.200 are each amended to read as follows:
person who has made expenditures, not reported ((
under other sections of
this chapter)) by a registered lobbyist under RCW 42.17.170 or by a
candidate or political committee under RCW 42.17.065 or 42.17.080,
exceeding five hundred dollars in the aggregate within any three-month period
or exceeding two hundred dollars in the aggregate within any one-month period
in presenting a program addressed to the public, a substantial portion of which
is intended, designed, or calculated primarily to influence legislation shall
be required to register and report, as provided in subsection (2) of this
section, as a sponsor of a grass roots lobbying campaign.
(2) Within thirty days after becoming a sponsor of a grass roots lobbying campaign, the sponsor shall register by filing with the commission a registration statement, in such detail as the commission shall prescribe, showing:
(a) The sponsor's name, address, and business or occupation, and, if the sponsor is not an individual, the names, addresses, and titles of the controlling persons responsible for managing the sponsor's affairs;
(b) The names, addresses, and business or occupation of all persons organizing and managing the campaign, or hired to assist the campaign, including any public relations or advertising firms participating in the campaign, and the terms of compensation for all such persons;
(c) The names and addresses of each person contributing twenty-five dollars or more to the campaign, and the aggregate amount contributed;
(d) The purpose of the campaign, including the specific legislation, rules, rates, standards, or proposals that are the subject matter of the campaign;
(e) The totals of all expenditures made or incurred to date on behalf of the campaign, which totals shall be segregated according to financial category, including but not limited to the following: Advertising, segregated by media, and in the case of large expenditures (as provided by rule of the commission), by outlet; contributions; entertainment, including food and refreshments; office expenses including rent and the salaries and wages paid for staff and secretarial assistance, or the proportionate amount thereof paid or incurred for lobbying campaign activities; consultants; and printing and mailing expenses.
(3) Every sponsor who has registered under this section shall file monthly reports with the commission, which reports shall be filed by the tenth day of the month for the activity during the preceding month. The reports shall update the information contained in the sponsor's registration statement and in prior reports and shall show contributions received and totals of expenditures made during the month, in the same manner as provided for in the registration statement.
(4) When the campaign has been terminated, the sponsor shall file a notice of termination with the final monthly report, which notice shall state the totals of all contributions and expenditures made on behalf of the campaign, in the same manner as provided for in the registration statement.