2289-S AMH FORE LUND 72

SHB 2289 ‑ H AMD 079 ADOPTED 02-07-96

By Representative Foreman

On page 1, after the enacting clause, strike the remainder of the bill and insert:

"NEW SECTION. Sec. 1. (1) The legislature affirms that the legislative authority of the state of Washington is vested in the legislative branch of government and that the legislative body alone is given the constitutional duty and power to establish public policy through the enactment of state law.

(2) The legislature affirms that the executive authority of the state of Washington is vested in the executive branch of government, that the executive branch is given the constitutional duty and power to see that the laws enacted by the legislature are faithfully executed, and that the supreme executive power of state government is vested in the office of the governor.

(3) The legislature finds that to ensure responsible and accountable government, lobbying activities at public expense to influence the public decision-making process in the legislative branch of government should be restricted.

(4) The legislature further finds that restrictions on lobbying activities at public expense by individuals employed by state agencies or units of local government will reduce the cost of maintaining efficient government, increase public confidence in the integrity of government, and assist in restoring representative government to the people.

(5) It is therefore the intent of the legislature to restrict lobbying activities at public expense by state agencies or units of local government to influence the public decision-making process in the legislative branch of government and to consolidate such activities within the office of the governor.

NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:

(1) Except as provided in subsection (4)(b) of this section, representatives of state agencies or units of local government may not participate in lobbying activities as part of their public employment responsibilities. Nothing in this subsection precludes representatives of state agencies or units of local government from engaging in lobbying activities as private citizens outside of their working hours without using public facilities or supplies to prepare their testimony or materials.

(2) On or before July 31st of each year, each state agency shall report to the office of financial management on its expenditures associated with lobbying activities during the prior fiscal year. On or before January 31st of each year, each unit of local government shall report to the office of financial management on its expenditures associated with lobbying activities during the prior calendar year.

(3) A representative of state agencies or units of local government who authorizes, directs, or participates in lobbying activities in violation of this section is guilty of a civil infraction punishable by a fine of not more than one thousand dollars for each violation.

(4) Unless the context requires otherwise, the definitions in this subsection apply throughout the entire section.

(a) "Lobbying activities" means any oral or written communication, including electronic communication, to members of the legislature or legislative staff with regard to the advocacy of, or opposition to, the formulation, modification, or adoption of state legislation or other legislative proposal, and includes motivating others to contact members of the legislature or legislative staff with regard to the advocacy of, or opposition to, the formulation, modification, or adoption of state legislation or other legislative proposals. "Lobbying activities" does not include providing factual information to members of the legislature or legislative staff in response to a request made by a member of the legislature or legislative staff.

(b) "Representative of a state agency or unit of local government" means an employee of a state agency or unit of local government or a nonemployee of a state agency or unit of local government who has entered into a contractual agreement with the state agency or unit of local government to represent the state agency or local government for financial remuneration. "Representative of a state agency or unit of local government" does not include: (i) a state-wide elected official and one designated representative of a state-wide elected official who is employed in the office of the state-wide elected official; (ii) the president of an institution of higher education and one designated representative of the president of an institution of higher education; (iii) the chief executive officer of each state agency listed in RCW 43.17.020 and one designated representative of each of such chief executive officer; (iv) an elected official of a unit of local government and one designated representative from each unit of local government; or (v) one designated employee of each association of units of local government or association of officials of units of local government.

(c) "State agency" includes every entity of state government that is subject to audit by the state auditor, including, but not limited to, a state office, department, division, bureau, board, commission, or other state agency.

(d) "Unit of local government" means every county, city, town, fire protection district, sewer district, school district, public utility district, library district, port district, irrigation district, or other municipal or quasi-municipal corporation."