H-1898.4 _______________________________________________
SUBSTITUTE HOUSE BILL 2138
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By House Committee on State Government (originally sponsored by Representative D. Schmidt)
Read first time 03/02/1999.
AN ACT Relating to duties of the public disclosure commission; and amending RCW 42.17.090 and 42.17.105.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 42.17.090 and 1993 c 256 s 6 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 or less 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, but the occupation and employer of a contributor
may not be required to be supplied for a contributor whose contribution or
aggregate of contributions during the year is one hundred dollars or less:
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 each person to whom any expenditure was made directly or indirectly to compensate the person for soliciting or procuring signatures on an initiative or referendum petition, the amount of such compensation to each such person, and the total of the expenditures made for this purpose. Such expenditures shall be reported under this subsection (1)(g) whether the expenditures are or are not also required to be reported under (f) of this subsection;
(h) 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;
(i) The surplus or deficit of contributions over expenditures;
(j) The disposition made in accordance with RCW 42.17.095 of any surplus funds;
(k) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter; and
(l) 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) The treasurer and the candidate shall certify the correctness of each report.
Sec. 2. RCW 42.17.105 and 1995 c 397 s 4 are each amended to read as follows:
(1)(a)
Campaign treasurers shall prepare and deliver to the commission a special
report regarding any contribution or aggregate of contributions which: Exceeds
((five hundred dollars)) the maximum aggregate amount provided under
RCW 42.17.640 that a person, other than a bona fide political party or a caucus
political committee may contribute to a legislative candidate, as adjusted
under RCW 42.17.690; is from a single person or entity; and is received
during a special reporting period. This aggregate amount is the threshold
amount for reporting.
(b)
Any political committee making a contribution or an aggregate of contributions
to a single entity which exceeds ((five hundred dollars)) the maximum
aggregate amount provided under RCW 42.17.640 that a person, other than a bona
fide political party or a caucus political committee may contribute to a
legislative candidate, as adjusted under RCW 42.17.690, shall also prepare
and deliver to the commission the special report if the contribution or
aggregate of contributions is made during a special reporting period. This
aggregate amount is the threshold amount for reporting.
(2)
For the purposes of subsections (1) through (((7))) (8) of this
section:
(a) Each of the following intervals is a special reporting period: (i) The interval beginning after the period covered by the last report required by RCW 42.17.080 and 42.17.090 to be filed before a primary and concluding on the end of the day before that primary; and (ii) the interval composed of the twenty-one days preceding a general election; and
(b) An aggregate of contributions includes only those contributions received from a single entity during any one special reporting period or made by the contributing political committee to a single entity during any one special reporting period.
(((2)))
(3) If a campaign treasurer files a special report under this section
for one or more contributions received from a single entity during a special
reporting period, the treasurer shall also file a special report under this
section for each subsequent contribution of any size which is received from
that entity during the special reporting period. If a political committee
files a special report under this section for a contribution or contributions
made to a single entity during a special reporting period, the political
committee shall also file a special report for each subsequent contribution of
any size which is made to that entity during the special reporting period.
(((3)))
(4) Except as provided in subsection (((4))) (5) of this
section, the special report required by this section shall be delivered
electronically or in written form, including but not limited to mailgram,
telegram, or nightletter. The special report required of a contribution
recipient by subsection (1)(a) of this section shall be delivered to the
commission within forty-eight hours of the time, or on the first working day
after: The contribution exceeding ((five hundred dollars)) the
threshold amount for reporting under subsection (1)(a) of this section is
received by the candidate or treasurer; the aggregate received by the candidate
or treasurer first exceeds ((five hundred dollars)) the threshold
amount for reporting under subsection (1)(a) of this section; or the
subsequent contribution that must be reported under subsection (((2))) (3)
of this section is received by the candidate or treasurer. The special report
required of a contributor by subsection (1)(b) of this section or RCW
42.17.175 shall be delivered to the commission, and the candidate or political
committee to whom the contribution or contributions are made, within
twenty-four hours of the time, or on the first working day after: The
contribution is made; the aggregate of contributions made first exceeds ((five
hundred dollars)) the threshold amount for reporting under subsection
(1)(b) of this section; or the subsequent contribution that must be
reported under subsection (((2))) (3) of this section is made.
(((4)))
(5) The special report may be transmitted orally by telephone to the
commission to satisfy the delivery period required by subsection (((3)))
(4) of this section if the written form of the report is also mailed to
the commission and postmarked within the delivery period established in
subsection (((3))) (4) of this section or the file transfer date
of the electronic filing is within the delivery period established in
subsection (((3))) (4) of this section.
(((5)))
(6) The special report shall include at least:
(a) The amount of the contribution or contributions;
(b) The date or dates of receipt;
(c) The name and address of the donor;
(d) The name and address of the recipient; and
(e) Any other information the commission may by rule require.
(((6)))
(7) Contributions reported under this section shall also be reported as
required by other provisions of this chapter.
(((7)))
(8) The commission shall prepare daily a summary of the special reports
made under this section and RCW 42.17.175.
(((8)))
(9) It is a violation of this chapter for any person to make, or for any
candidate or political committee to accept from any one person, contributions reportable
under RCW 42.17.090 in the aggregate ((exceeding fifty thousand dollars for
any campaign for state-wide office or)) exceeding five thousand dollars for
any ((other)) campaign subject to the provisions of this chapter,
other than campaigns subject to the limitations under RCW 42.17.640, within
twenty-one days of a general election. This subsection does not apply to
contributions made by, or accepted from, a bona fide political party as defined
in this chapter, excluding the county central committee or legislative district
committee.
(((9))) (10) Contributions governed by this section
include, but are not limited to, contributions made or received indirectly
through a third party or entity whether the contributions are or are not
reported to the commission as earmarked contributions under RCW 42.17.135.
--- END ---