AN
ACT Relating to electronic filing and publication of campaign finance and
lobbyist reports; amending RCW 42.17.365, 42.17.367, 42.17.420, and 42.17.080;
adding new sections to chapter 42.17 RCW; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 42.17 RCW to read as follows:
It
is the intent of the legislature to ensure that the commission provide the
general public timely access to all contribution and expenditure reports
submitted by candidates, continuing political committees, bona fide political
parties, lobbyists, and lobbyists' employers. The legislature finds that
failure to meet goals for full and timely disclosure threatens to undermine our
electoral process.
Furthermore,
the legislature intends for the commission to consult with the department of
information services as it seeks to implement this act, and that the commission
follow the standards and procedures established by the department of
information services in chapter 43.105 RCW as they relate to information
technology.
NEW
SECTION. Sec. 2. A
new section is added to chapter 42.17 RCW to read as follows:
(1)
The commission shall establish goals that all reports, copies of reports, or
copies of the data or information included in reports, filed under RCW
42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170,
42.17.175, and 42.17.180, that are:
(a)
Submitted using the commission's electronic filing system shall be accessible
in the commission's office within two business days of the commission's receipt
of the report and shall be accessible on the commission's web site within seven
business days of the commission's receipt of the report; and
(b)
Submitted in any format or using any method other than as described in (a) of
this subsection, shall be accessible in the commission's office within four
business days of the actual physical receipt of the report, and not the
technical date of filing as provided under RCW 42.17.420, and shall be
accessible on the commission's web site within fourteen business days of the
actual physical receipt of the report, and not the technical date of filing as
provided under RCW 42.17.420, as specified in rule adopted by the commission.
(2)
On January 1, 2001, or shortly thereafter, the commission shall revise these
goals to reflect that all reports, copies of reports, or copies of the data or
information included in reports, filed under RCW 42.17.040, 42.17.065,
42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and
42.17.180, that are:
(a)
Submitted using the commission's electronic filing system shall be accessible
in the commission's office and on the commission's web site within two business
days of the commission's receipt of the report; and
(b)
Submitted in any format or using any method other than as described in (a) of
this subsection, shall be accessible in the commission's office and on the
commission's web site within four business days of the actual physical receipt
of the report, and not the technical date of filing as provided under RCW
42.17.420, as specified in rule adopted by the commission.
NEW
SECTION. Sec. 3. A
new section is added to chapter 42.17 RCW to read as follows:
By
July 1st of each year beginning in 2000, the commission shall calculate the
following performance measures, provide a copy of the performance measures to
the governor and appropriate legislative committees, and make the performance
measures available to the public:
(1)
The average number of days that elapse between the commission's receipt of reports
filed under RCW 42.17.040, 42.17.065, 42.17.080, and 42.17.100 and the time
that the report, a copy of the report, or a copy of the data or information
included in the report, is first accessible to the general public (a) in the
commission's office, and (b) via the commission's web site;
(2)
The average number of days that elapse between the commission's receipt of
reports filed under RCW 42.17.105 and the time that the report, a copy of the
report, or a copy of the data or information included in the report, is first
accessible to the general public (a) in the commission's office, and (b) via
the commission's web site;
(3)
The average number of days that elapse between the commission's receipt of
reports filed under RCW 42.17.150, 42.17.170, 42.17.175, and 42.17.180 and the
time that the report, a copy of the report, or a copy of the data or
information included in the report, is first accessible to the general public
(a) in the commission's office, and (b) via the commission's web site;
(4)
The percentage of candidates, categorized as state-wide, state legislative, or
local, that have used each of the following methods to file reports under RCW
42.17.080 or 42.17.105: (a) Hard copy paper format; (b) electronic format via
diskette; (c) electronic format via modem or satellite; (d) electronic format
via the Internet; and (e) any other format or method;
(5)
The percentage of continuing political committees that have used each of the
following methods to file reports under RCW 42.17.065 or 42.17.105: (a) Hard
copy paper format; (b) electronic format via diskette; (c) electronic format
via modem or satellite; (d) electronic format via the Internet; and (e) any
other format or method; and
(6)
The percentage of lobbyists and lobbyists' employers that have used each of the
following methods to file reports under RCW 42.17.150, 42.17.170, 42.17.175, or
42.17.180: (a) Hard copy paper format; (b) electronic format via diskette; (c)
electronic format via modem or satellite; (d) electronic format via the
Internet; and (e) any other format or method.
NEW
SECTION. Sec. 4. A
new section is added to chapter 42.17 RCW to read as follows:
(1)
The commission shall develop an information technology plan consistent with
plans or portfolios required by chapter 43.105 RCW.
(2)
The plan must include, but not be limited to, the following:
(a)
A baseline assessment of the agency's information technology resources and
capabilities that will serve as the benchmark for subsequent planning and
performance measures;
(b)
A statement of the agency's mission, goals, and objectives for information
technology, including goals and objectives for achieving electronic access to
agency records, information, and services for at least the next five years;
(c)
An explanation of how the agency's mission, goals, and objectives for
information technology support and conform to the state strategic information
technology plan;
(d)
An implementation strategy to enhance electronic access to public records and
information required to be filed with and disclosed by the commission. This
implementation strategy must be assembled to include:
(i)
Adequate public notice and opportunity for comment;
(ii)
Consideration of a variety of electronic technologies, including those that
help to transcend geographic locations, standard business hours, economic
conditions of users, and disabilities;
(iii)
Methods to educate agency employees, the public, and the news media in the
effective use of agency technology;
(iv)
Ways to simplify and improve public access to information held by the
commission through electronic means;
(e)
Projects and resources required to meet the objectives of the plan; and
(f)
If feasible, estimated schedules and funding required to implement identified
projects.
NEW
SECTION. Sec. 5. A
new section is added to chapter 42.17 RCW to read as follows:
In
preparing the information technology plan, the commission shall consult with
affected state agencies, the department of information services, and
stakeholders in the commission's work, including representatives of political
committees, bona fide political parties, news media, and the general public.
NEW
SECTION. Sec. 6. A
new section is added to chapter 42.17 RCW to read as follows:
The
commission shall submit the information technology plan to the senate and house
of representatives fiscal committees, the governor, the senate state and local
government committee, the house of representatives state government committee,
and the department of information services by February 1, 2000. It is the
intent of the legislature that the commission thereafter comply with the
requirements of chapter 43.105 RCW with respect to preparation and submission
of biennial performance reports on the commission's information technology.
NEW
SECTION. Sec. 7. A
new section is added to chapter 42.17 RCW to read as follows:
The
commission shall prepare and submit to the department of information services a
biennial performance report in accordance with chapter 43.105 RCW.
The
report must include:
(1)
An evaluation of the agency's performance relating to information technology;
(2)
An assessment of progress made toward implementing the agency information
technology plan;
(3)
An analysis of the commission's performance measures, set forth in section 3 of
this act, that relate to the electronic filing of reports and timely public
access to those reports via the commission's web site;
(4)
A comprehensive description of the methods by which citizens may interact with
the agency in order to obtain information and services from the commission; and
(5)
An inventory of agency information services, equipment, and proprietary
software.
Sec.
8. RCW
42.17.365 and 1993 c 2 s 29 are each amended to read as follows:
The
commission shall conduct a sufficient number of audits and field investigations
so as to provide a statistically valid finding regarding the degree of compliance
with the provisions of this chapter by all required filers. Any documents,
records, reports, computer files, papers, or materials provided to the
commission for use in conducting audits and investigations must be returned to
the candidate, campaign, or political committee from which they were received
within one week of the commission's completion of an audit or field
investigation.
Sec.
9. RCW
42.17.367 and 1994 c 40 s 2 are each amended to read as follows:
By
((January 1, 1995)) February 1, 2000, the ((public disclosure))
commission shall ((design a program for electronic access to public
documents filed with the commission. The program may include on-line access to
the commission's magic and electronic bulletin board systems, providing
information for the internet system, fax-request service, automated telephone
service, electronic filing of reports, and other service delivery options.
Documents available in the program shall include, but are not limited to, public
documents filed with the public disclosure commission, including, but not
limited to, commission meeting schedules, financial affairs reports,
contribution reports, expenditure reports, and gift reports. Implementation of
the program is contingent on the availability of funds)) operate a web
site or contract for the operation of a web site that allows access to reports,
copies of reports, or copies of data and information submitted in reports,
filed with the commission under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100,
and 42.17.105. By January 1, 2001, the web site shall allow access to reports,
copies of reports, or copies of data and information submitted in reports,
filed with the commission under RCW 42.17.150, 42.17.170, 42.17.175, and
42.17.180. In addition, the commission shall attempt to make available via the
web site other public records submitted to or generated by the commission that
are required by this chapter to be available for public use or inspection.
Sec.
10. RCW
42.17.420 and 1995 c 397 s 18 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, when any application,
report, statement, notice, or payment required to be made under the provisions
of this chapter has been deposited postpaid in the United States mail properly
addressed, it shall be deemed to have been received on the date of mailing. It
shall be presumed that the date shown by the post office cancellation mark on
the envelope is the date of mailing. The provisions of this section do not
apply to reports required to be delivered under RCW 42.17.105 and 42.17.175.
(2)
When a report is filed electronically with the commission, it is deemed to have
been received on the file transfer date. The commission shall notify the
filer of receipt of the electronically filed report. Such notification may be
sent by mail, facsimile, or electronic mail. If the notification of receipt of
the electronically filed report is not received by the filer, the filer may offer
his or her own proof of sending the report, and such proof shall be treated as
if it were a receipt sent by the commission. Electronic filing may be used
for purposes of filing the special reports required to be delivered under RCW
42.17.105 and 42.17.175.
NEW
SECTION. Sec. 11. A
new section is added to chapter 42.17 RCW to read as follows:
(1)
By July 1, 1999, the commission shall offer every candidate, public official,
political committee, and party organization that is required to file reports
under this chapter the option of filing financial affairs reports, contribution
reports, and expenditure reports electronically by diskette or via modem,
satellite, or the Internet.
(2)
By January 1, 2001, the commission shall offer all lobbyists and lobbyists'
employers required to file reports under RCW 42.17.150, 42.17.170, 42.17.175,
or 42.17.180 the option of filing these reports electronically by diskette or
via modem, satellite, or the Internet.
(3)
The commission shall make available to each candidate, public official,
political committee, lobbyist, lobbyist employer, and party organization an
electronic copy of the appropriate reporting forms at no charge.
NEW
SECTION. Sec. 12. A
new section is added to chapter 42.17 RCW to read as follows:
Beginning
January 1, 2001, each continuing political committee, that expended ten
thousand dollars or more in the preceding year or expects to expend ten
thousand dollars or more in expenditures in the current year, shall file all
contribution reports and expenditure reports required by this chapter
electronically by diskette or via modem, satellite, or the Internet. Failure
by a continuing political committee to comply with this section is a violation
of this chapter.
Sec.
13. RCW
42.17.080 and 1995 c 397 s 2 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)
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, each Friday the treasurer shall file with the commission and the
appropriate county elections officer a report of each bank deposit made during
the previous seven calendar days. 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 in the
aggregate from any one person may be deposited without identifying the
contributor. A copy of the report shall be retained by the treasurer for his
or her records. In the event of deposits made by a deputy treasurer, the copy
shall be forwarded to the treasurer for his or her records. Each report shall
be certified as correct by the treasurer or deputy treasurer making the
deposit.
(4)
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)). As specified in the
committee's statement of organization filed under RCW 42.17.040, the books of
account must be open for public inspection as follows:
(a)
For at least two consecutive hours ((Monday through Friday, excluding
legal holidays)) on the eighth day immediately before the election,
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; and
(b)
By appointment for inspections to be conducted at the designated place for
inspections between 8:00 a.m. and 8:00 p.m. on any other day from the seventh
day through the day immediately before the election, other than Saturday,
Sunday, or a legal holiday. It is a violation of this chapter for a candidate
or political committee to refuse to allow and keep an appointment for an
inspection to be conducted during these authorized times and days in the week
prior to the election. The appointment must be allowed at an authorized time
and day for such inspections that is within twenty-four hours of the time and
day that is requested for the inspection.
(5)
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)))
(6) All reports filed pursuant to subsections (1) or (2) of this section
shall be certified as correct by the candidate and the treasurer.
(((6)))
(7) 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.
(((7)))
(8) The commission shall adopt administrative rules establishing
requirements for filer participation in any system designed and implemented by
the commission for the electronic filing of reports.
NEW
SECTION. Sec. 14. By
December 1, 2000, the joint legislative audit and review committee shall have
completed a performance audit of the duties and staffing of the public
disclosure commission.
