6111-S AMS MART 06

6111‑S AMS MART 06

SSB 6111 - S AMD - 000067

BySenator Smith, L.

SCOPE RAISED - AMEND OUTSIDE SCOPE 2/12/94

On page 28, after line 13, insert the following:

"LOBBYIST REPORTING CHANGES

NEW SECTION. Sec. 301. EMPLOYEE-LOBBYISTS. (1) Before doing any lobbying, or within two weeks after being employed or assigned as a lobbyist, whichever is sooner, an employee-lobbyist shall file with the commission a registration statement. The registration shall include the following:

(a) The lobbyist's name, business address, and telephone number;

(b) The name, business address, and telephone number of the lobbyist employer;

(c) The terms of the employee's compensation for lobbying, including the nature and extent of reimbursement for expenses; and

(d) A statement describing the extent to which lobbying comprises the employee's duties for the employer.

(2) The lobbyist's registration shall be accompanied by a written statement:

(a) Confirming the lobbyist's employment or assignment by the employer's chief executive officer or similarly authorized individual;

(b) Describing the employer's principal product, service, or business activity;

The name, address, and telephone number of the person who will have custody of the records required to be kept under this chapter on behalf of the lobbyist employer.

If the employer has a connected, related, or closely affiliated political committee, the name of that committee.

If the employer is an entity 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 previous 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.

NEW SECTION. Sec. 302. SEPARATE REGISTRATION. A lobbyist who receives or is to receive compensation from more than one employer for lobbying services with respect to the same legislation or subject of rule making shall file a separate registration for each employer.

NEW SECTION. Sec. 303. ANNUAL REGISTRATION. Every lobbyist registered with the commission shall file an annual registration, revised as appropriate, before the second Monday in January. Failure to do so shall terminate the lobbyist's registration.

NEW SECTION. Sec. 304. CHANGE IN STATUS. A lobbyist shall notify the commission within two weeks of a material change in the status of his or her registration. As used in this section, "material change" means the following:

(1) A termination of employment as a lobbyist;

(2) A change in the terms of compensation provided in a prior filing with the commission;

(3) A change in the name or address of the lobbyist or a lobbyist employer;

(4) A change in status from contract-lobbyist to employee-lobbyist or vice-versa;

(5) A change in status with regard to a proprietor, officer, partner, or employee of a contract lobbyist.

NEW SECTION. Sec. 305. CONTRACT-LOBBYISTS. (1) Before doing any lobbying, or within two weeks after contracting to provide lobbying services to any person, whichever is sooner, a contract-lobbyist shall file with the commission a registration statement. The registration shall include the following:

(a) The lobbyist's name, business address, and telephone number;

(b) The name of any individual who is a proprietor, officer, partner, or employee of the contract lobbyist, or who is authorized to lobby on behalf of the contract-lobbyist's employers;

(d) The terms of the contract-lobbyist's compensation for lobbying, including the nature and extent of reimbursement for expenses;

(e) The name, address, and telephone number of the person who will have custody of the records required to be kept by the contract-lobbyist under this chapter;

(f) The name and address of any other lobbyist the contract-lobbyist has agreed to compensate in exchange for assisting with lobbying on behalf of the employer named in the registration.

(2) The lobbyist's registration shall be accompanied by a written statement:

(a) Confirming the lobbyist's contract by the employer's chief executive officer or similarly authorized individual;

(b) Describing the employer's principal product, service, or business activity;

The name, address, and telephone number of the person who will have custody of the records required to be kept under this chapter on behalf of the lobbyist employer.

If the employer has a connected, related, or closely affiliated political committee, the name of that committee.

NEW SECTION. Sec. 306. LOBBYIST EMPLOYER REPORTING. (1) Each employer of a lobbyist registered under this chapter shall file a semiannual report. Reports shall be filed as specified in subsection (2) of this section.

(2) Employer reports shall include the following:

(a) The employer's name, business address, and telephone number;

(b) The name of lobbyists registered on behalf of the employer;

(c) The name and address of each political committee associated, affiliated, or sponsored by the employer and total contributions made by the committee during the reporting period;

(d) The name of each legislator, state elected official, state officer or employee, successful candidate for state 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 reporting period 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;

(e) The name of each legislator, state elected official, state officer or employee, successful candidate for state office, and any member of the immediate family of those persons to whom the lobbyist employer has made expenditures, directly or indirectly, through a lobbyist or otherwise the amount of the expenditures and the purpose for the expenditures. For purposes of this subsection, "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 recipient of the expenditure or the member of his or her family as an official or candidate for a state office;

(f)(i) Except as provided in (f)(ii) of this subsection (2), 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;

(ii) The provisions of (f)(i) of this subsection (2) do not apply to a contribution that is made through a registered lobbyist and reportable under RCW 42.17.170;

(g) The total expenditures made during the reporting period by the employer for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this section, "expenditures" includes amounts paid or incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations, telemarketing, polling, or similar activities if such activities, directly or indirectly, are intended, designed, or calculated to influence legislation or the adoption or rejection of any rule, standard, or rate by any agency under the administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity;

(h) Total amount or value of contributions made during the reporting period by the employer to any candidate for state or local office, any political committee whose purpose is to support or oppose the election of one or more candidates for state or local office, a political committee established by a caucus of the state legislature, a political party, or any political committee formed for the purpose of supporting or opposing a state or local ballot proposition or any grass roots lobby;

(i) Total amounts of compensation for lobbying during the reporting period paid or owed to lobbyists employed, hired, contracted, retained, or assigned by the employer;

(j) Total amount for any "special lobbying activities" as designated by section 40 of this act;

(k) Total amount of reimbursement for expenses incurred in connection with lobbying during the reporting period paid or owed to lobbyists employed, hired, contracted, retained, or assigned by the employer;

(l) Total amount for entertainment in connection with lobbying during the reporting period paid or owed to lobbyists employed, hired, contracted, retained, or assigned by the employer;

(m) Total amount of expenditures by the employer or value of gifts during the reporting period to state legislators, state legislative staff, state elected officials, state officers and employees, or members of their immediate families;

(n) 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 provision shall not apply to persons to the extent that their lobbying or assistance is the result of an appointment or written request of the legislature or agency to participate in a study or provide expertise;

(o) Such other information as the commission prescribes by rule in keeping with the policies and purposes of this chapter.

(3) 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. The amounts or values required to be reported shall include cash, the fair market value of goods, services, or tangible or intangible property.

NEW SECTION. Sec. 307. REPORTING. (1) A person who spends twenty-five hundred dollars or more to sponsor a single event that is a special lobbying activity other than that covered by RCW 42.17.200 shall report the information required in this section.

(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;

(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.

NEW SECTION. Sec. 308. Sections 301 through 307 of this act are each added to chapter 42.17 RCW.

Sec. 309. RCW 42.17.170 and 1991 sp.s. c 18 s 2 are each amended to read as follows:

MONTHLY PERIODIC REPORT. (1) Any lobbyist registered under RCW 42.17.150 or section 301 or 305 of this act and any person who lobbies shall file with the commission periodic reports of his or her 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:

(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. 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, ((~~without~~)) and shall include amounts actually expended on each person where calculable, or allocating any portion of ((~~such~~)) the expenditure to individual participants. ((However, if the expenditure for a single hosted reception is more than one hundred dollars per person partaking therein, the report shall specify the per person amount, which shall be determined by dividing the total amount of the expenditure by the total number of persons partaking in the reception.))

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, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, 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.

(f) A listing of each gift, as defined in RCW 42.17.020, made to a state elected official or executive state officer or to a member of the immediate family of such an official or officer. Such a gift shall be separately identified by the date it was given, the approximate value of the gift, and the name of the recipient. However, for a hosted reception where the average per person amount is reported under (a) of this subsection, the approximate value for the gift of partaking in the event is such average per person amount. The commission shall adopt forms to be used for reporting the giving of gifts under this subsection (2)(f). The forms shall be designed to permit a lobbyist to report on a separate form for each recipient the reportable gifts given to that recipient during the reporting period or, alternatively, to report on one form all reportable gifts given by the lobbyist during the reporting period.

(g) The total expenditures made during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this subsection, "expenditures" includes amounts paid or incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations, telemarketing, polling, or similar activities if such activities, directly or indirectly, are intended, designed, or calculated to influence legislation or the adoption or rejection of a rule, standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.

(3) If a state elected official or a member of such an official's immediate family is identified by a lobbyist in such a report as having received from the lobbyist a gift, as defined in RCW 42.17.020 the lobbyist shall transmit to the official a copy of the completed form used to identify the gift in the report at the same time the report is filed with the commission.

(4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section.

Sec. 310. RCW 42.17.020 and 1992 c 139 s 1 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) "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) "Gift," for the purposes of RCW 42.17.170 and 42.17.2415, means a rendering of anything of value in return for which reasonable consideration is not given and received and includes a rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, or reimbursements from or payments by persons (other than the federal government, or the state of Washington or any agency or political subdivision thereof) for travel or anything else of value. The term "reasonable consideration" refers to the approximate range of consideration that exists in transactions not involving donative intent. However, the value of the gift of partaking in a single hosted reception shall be determined by dividing the total amount of the cost of conducting the reception by the total number of persons partaking in the reception. "Gift" for the purposes of RCW 42.17.170 and 42.17.2415 does not include:

(a) A gift, other than a gift of partaking in a hosted reception, with a value of fifty dollars or less;

(b) The gift of partaking in a hosted reception if the value of the gift is one hundred dollars or less;

(d) Informational material that is transferred for the purpose of informing the recipient about matters pertaining to official business of the governmental entity of which the recipient is an official or officer, and that is not intended to confer on that recipient any commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of any commercial, proprietary, financial, economic, or monetary disadvantage;

(e) A gift that is not used and that, within thirty days after receipt, is returned to the donor or delivered to a charitable organization. However, this exclusion from the definition does not apply if the recipient of the gift delivers the gift to a charitable organization and claims the delivery as a charitable contribution for tax purposes;

(f) A gift given under circumstances where it is clear beyond any doubt that the gift was not made as part of any design to gain or maintain influence in the governmental entity of which the recipient is an officer or official or with respect to any legislative matter or matters of that governmental entity; or

(g) A gift given prior to September 29, 1991.

(17) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household.

(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.

(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, 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.

(20) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf and includes employee lobbyists and contract lobbyists. "Contract lobbyist" is a person, other than a regular employee of a lobbyist employer, who independently contracts for economic consideration for the purpose of lobbying. "Employee lobbyist" is a regular employee of a lobbyist employer who has lobbying as all or part of his or her regular duties for his or her lobbyist employer.

(21) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and ((~~all persons by whom he is compensated for acting~~)) or authorized to act as a lobbyist.

(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.

(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.

(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.

(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.

(26) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.

(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.

(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.

(29) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

PART IV"

Renumber remaining sections and correct internal references accordingly.

SSB 6111 - S AMD

BySenator Smith, L.

On page 1, line 1 of the title, after "RCW" insert "42.17.020, 42.17.170,"

On page 1, line 4 of the title, after "86.09.286;" insert "adding new sections to chapter 42.17 RCW."