S-4107               _______________________________________________

 

                                                   SENATE BILL NO. 6545

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Senators Nelson, Talmadge, Metcalf, West and Rasmussen

 

 

Read first time 1/17/90 and referred to Committee on  Law & Justice.

 

 


AN ACT Relating to campaign contribution reports; and amending RCW 42.17.080 and 42.17.090.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 8, chapter 1, Laws of 1973 as last amended by section 8, chapter 280, Laws of 1989 and RCW 42.17.080 are each amended to read as follows:

          (1) On the day the treasurer is designated, each candidate or political committee shall file with the commission and the county auditor or elections officer of the county in which the candidate resides, or in the case of a political committee, the county in which the treasurer resides, in addition to any statement of organization required under RCW 42.17.040 or 42.17.050, a report of all contributions received and expenditures made prior to that date, if any.

          (2) At the following intervals each treasurer shall file with the commission and the county auditor or elections officer of the county in which the candidate resides, or in the case of a political committee, the county in which the committee maintains its office or headquarters, and if there is no office or headquarters then in the county in which the treasurer resides, a report containing the information required by RCW 42.17.090:

          (a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and

          (b) On the tenth day of the first month after the election:  PROVIDED, That this report shall not be required following a primary election from:

          (i) A candidate whose name will appear on the subsequent general election ballot; or

          (ii) Any continuing political committee; and

          (c) On the tenth day of each month in which no other reports are required to be filed under this section:  PROVIDED, That such report shall only be filed if the committee has received a contribution or made an expenditure in the preceding calendar month and either the total contributions received or total expenditures made since the last such report exceed two hundred dollars.

          When there is no outstanding debt or obligation, and the campaign fund is closed, and the campaign is concluded in all respects, and in the case of a political committee, the committee has ceased to function and has dissolved, the treasurer shall file a final report.  Upon submitting a  final report, the duties of the treasurer shall cease and there shall be no obligation to make any further reports.

           The report filed twenty-one days before the election shall report all contributions received and expenditures made as of the end of the fifth business day before the date of the report.  The report filed seven days before the election shall report all contributions received and expenditures made as of the end of the one business day before the date of the report.  Reports filed on the tenth day of the month shall report all contributions received and expenditures made from the closing date of the last report filed through the last day of the month preceding the date of the current report.

          (3) On the third Tuesday of January, each candidate shall file with the commission a report containing the information required by RCW 42.17.090(2).

          (4) On the third Tuesday of January, each political committee shall file with the commission a report containing the information required by RCW 42.17.090(3).

          (5) For the period beginning the first day of the fourth month preceding the date on which the special or general election is held and ending on the date of that election, the treasurer shall file with the commission and the appropriate county elections officer a report of each contribution received during that period at the time that contribution is deposited pursuant to RCW 42.17.060(1).  The report shall contain the name of each person contributing the funds so deposited and the amount contributed by each person.  However, contributions of no more than twenty-five dollars from any one person may be deposited without identifying the contributor.  A copy of the report shall be retained by the treasurer for his records.  In the event of deposits made by a deputy treasurer, the copy shall be forwarded to the treasurer to be retained by him for his records.  Each report shall be certified as correct by the treasurer or deputy treasurer making the deposit.

          (((4))) (6) The treasurer or candidate shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or expenditure.  During the eight days immediately preceding the date of the election the books of account shall be kept current within one business day and shall be open for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such other place as may be authorized by the commission.  The treasurer or candidate shall preserve books of account, bills, receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the transaction occurred.

          (((5))) (7) All reports filed pursuant to subsections (1) or (2) of this section shall be certified as correct by the candidate and the treasurer.

          (((6))) (8) Copies of all reports filed pursuant to this section shall be readily available for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such other place as may be authorized by the commission.

 

        Sec. 2.  Section 9, chapter 280, Laws of 1989 and RCW 42.17.090 are each amended to read as follows:

          (1) Each report required under RCW 42.17.080 (1) and (2) shall disclose the following:

          (a) The funds on hand at the beginning of the period;

          (b) The name and address of each person who has made one or more contributions during the period, together with the money value and date of such contributions and the aggregate value of all contributions received from each such person during the campaign or in the case of a continuing political committee, the current calendar year:  PROVIDED, That pledges in the aggregate of less than one hundred dollars from any one person need not be reported:  PROVIDED FURTHER, That the income which results from a fund-raising activity conducted in accordance with RCW 42.17.067 may be reported as one lump sum, with the exception of that portion of such income which was received from persons whose names and addresses are required to be included in the report required by RCW 42.17.067:  PROVIDED FURTHER, That contributions of no more than twenty-five dollars in the aggregate from any one person during the election campaign may be reported as one lump sum so long as the ((campaign)) treasurer maintains a separate and private list of the name, address, and amount of each such contributor:  PROVIDED FURTHER, That the money value of contributions of postage shall be the face value of such postage;

          (c) Each loan, promissory note, or security instrument to be used by or for the benefit of the candidate or political committee made by any person, together with the names and addresses of the lender and each person liable directly, indirectly or contingently and the date and amount of each such loan, promissory note, or security instrument;

          (d) All other contributions not otherwise listed or exempted;

          (e) The name and address of each candidate or political committee to which any transfer of funds was made, together with the amounts and dates of such transfers;

          (f) The name and address of each person to whom an expenditure was made in the aggregate amount of more than fifty dollars during the period covered by this report, and the amount, date, and purpose of each such expenditure.  A candidate for state executive or state legislative office or the political committee of such a candidate shall report this information for an expenditure under one of the following categories, whichever is appropriate:  (i) Expenditures for the election of the candidate; (ii) expenditures for nonreimbursed public office-related expenses; (iii) expenditures required to be reported under (e) of this subsection; or (iv) expenditures of surplus funds and other expenditures.  The report of such a candidate or committee shall contain a separate total of expenditures for each category and a total sum of all expenditures.  Other candidates and political committees need not report information regarding expenditures under the categories listed in (i) through (iv) of this subsection or under similar such categories unless required to do so by the commission by rule.  The report of such an other candidate or committee shall also contain the total sum of all expenditures;

          (g) The name and address of any person and the amount owed for any debt, obligation, note, unpaid loan, or other liability in the amount of more than two hundred fifty dollars or in the amount of more than fifty dollars that has been outstanding for over thirty days;

          (h) The surplus or deficit of contributions over expenditures;

          (i) The disposition made in accordance with RCW 42.17.095 of any surplus funds;

          (j) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter; and

          (k) Funds received from a political committee not otherwise required to report under this chapter (a "nonreporting committee").  Such funds shall be forfeited to the state of Washington unless the nonreporting committee has filed or within ten days following such receipt files with the commission a statement disclosing:  (i) its name and address; (ii) the purposes of the nonreporting committee; (iii) the names, addresses, and titles of its officers or if it has no officers, the names, addresses, and titles of its responsible leaders; (iv) the name, office sought, and party affiliation of each candidate in the state of Washington whom the nonreporting committee is supporting, and, if such committee is supporting the entire ticket of any party, the name of the party; (v) the ballot proposition supported or opposed in the state of Washington, if any, and whether such committee is in favor of or opposed to such proposition; (vi) the name and address of each person residing in the state of Washington or corporation which has a place of business in the state of Washington who has made one or more contributions in the aggregate of more than twenty-five dollars to the nonreporting committee during the current calendar year, together with the money value and date of such contributions; (vii) the name and address of each person in the state of Washington to whom an expenditure was made by the nonreporting committee on behalf of a candidate or political committee in the aggregate amount of more than fifty dollars, the amount, date, and purpose of such expenditure, and the total sum of such expenditures; (viii) such other information as the commission may prescribe by rule, in keeping with the policies and purposes of this chapter.  A nonreporting committee incurring an obligation to file additional reports in a calendar year may satisfy the obligation by filing with the commission a letter providing updating or amending information.

          (2) Each report required under RCW 42.17.080(3) shall disclose the following:

          (a) The name and address of each person making contributions to the reporting candidate in the aggregate exceeding one hundred dollars in the preceding calendar year, together with the aggregate value of all contributions received from each such person during the preceding calendar year;

          (b) The name and address of each person from which the reporting candidate received, or to which the candidate made, transfers of funds in the aggregate exceeding one hundred dollars, together with the amount of all such transfers during the preceding calendar year to or from each listed candidate or political committee.

          (3) Each report required under RCW 42.17.080(4) shall disclose the name and address of each candidate to whom contributions were made by the reporting political committee in the aggregate exceeding one hundred dollars in the preceding calendar year, together with the aggregate value of all contributions to each such candidate during the preceding calendar year.

          (4) The treasurer and the candidate shall certify the correctness of each report.