CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 6775

 

 

                   Chapter 237, Laws of 2000

 

 

                        56th Legislature

                      2000 Regular Session

 

 

PUBLIC DISCLOSURE COMMISSION--FILINGS

 

 

 

                    EFFECTIVE DATE:  6/8/00

Passed by the Senate March 9, 2000

  YEAS 37   NAYS 7

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 8, 2000

  YEAS 98   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 6775 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

 

 

Approved March 30, 2000 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

           March 30, 2000 - 3:47 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                         SENATE BILL 6775

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 2000 Regular Session

 

State of Washington      56th Legislature     2000 Regular Session

 

By Senators Patterson, Horn, Haugen, Shin, Prentice, Goings, Gardner and Costa

 

Read first time 01/26/2000.  Referred to Committee on State & Local Government.

Simplifying public disclosure report filing and distributions.  


    AN ACT Relating to filing of reports with the public disclosure commission; amending RCW 42.17.065, 42.17.080, 42.17.369, 42.17.3691, and 42.17.461; and adding a new section to chapter 42.17 RCW.

 

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

 

    Sec. 1.  RCW 42.17.065 and 1989 c 280 s 5 are each amended to read as follows:

    (1) In addition to the provisions of this section, a continuing political committee shall file and report on the same conditions and at the same times as any other committee in accordance with the provisions of RCW 42.17.040, 42.17.050, and 42.17.060.

    (2) A continuing political committee shall file with the commission and the auditor or elections officer of the county in which the committee maintains its office or headquarters and if there is no such office or headquarters then in the county in which the committee treasurer resides a report on the tenth day of the month detailing its activities for the preceding calendar month in which the committee has received a contribution or made an expenditure:  PROVIDED, That such report shall only be filed if either the total contributions received or total expenditures made since the last such report exceed two hundred dollars:  PROVIDED FURTHER, That after January 1, 2002, if the committee files with the commission electronically, it need not also file with the county auditor or elections officer.  The report shall be on a form supplied by the commission and shall include the following information:

    (a) The information required by RCW 42.17.090;

    (b) Each expenditure made to retire previously accumulated debts of the committee; identified by recipient, amount, and date of payments;

    (c) Such other information as the commission shall by rule prescribe.

    (3) If a continuing political committee shall make a contribution in support of or in opposition to a candidate or ballot proposition within sixty days prior to the date on which such candidate or ballot proposition will be voted upon, such continuing political committee shall report pursuant to RCW 42.17.080.

    (4) A continuing political committee shall file reports as required by this chapter until it is dissolved, at which time a final report shall be filed.  Upon submitting a final report, the duties of the campaign treasurer shall cease and there shall be no obligation to make any further reports.

    (5) The campaign treasurer 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 any election, for which the committee has received any contributions or made any expenditures, 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 campaign headquarters or, if there is no campaign headquarters, at the address of the campaign treasurer or such other place as may be authorized by the commission)) in the same manner as provided for candidates and other political committees in RCW 42.17.080(5).

    (6) All reports filed pursuant to this section shall be certified as correct by the campaign treasurer.

    (7) The campaign treasurer 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.

 

    Sec. 2.  RCW 42.17.080 and 1999 c 401 s 13 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) If a city requires that candidates or committees for city offices file reports with a city agency, the candidate or treasurer so filing need not also file the report with the county auditor or elections officer.

    (5) 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.  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 between 8:00 a.m. and 8:00 p.m. 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)) except when it is a legal holiday, in which case on the seventh day immediately before the election, 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))) (6) 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.

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

    (((7))) (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.

    (((8))) (9) After January 1, 2002, a report that is filed with the commission electronically need not also be filed with the county auditor or elections officer.

    (10) 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.

 

    Sec. 3.  RCW 42.17.369 and 1999 c 401 s 11 are each amended to read as follows:

    (1) By July 1, 1999, the commission shall ((offer every)) make available to candidates, public officials, and political committees((, and party organization)) that ((is)) are required to file reports under this chapter ((the option of filing)) an electronic filing alternative for submitting financial affairs reports, contribution reports, and expenditure reports ((electronically)), including but not limited to filing by diskette ((or via)), modem, satellite, or the Internet.

    (2) By January 1, ((2001)) 2002, the commission shall ((offer all)) make available to 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)) an electronic filing alternative for submitting these reports ((electronically)) including but not limited to filing by diskette ((or via)), modem, satellite, or the Internet.

    (3) The commission shall make available to ((each)) candidates, public officials, political committees, lobbyists, and lobbyists' employers((, and party organization)) an electronic copy of the appropriate reporting forms at no charge.

 

    Sec. 4.  RCW 42.17.3691 and 1999 c 401 s 12 are each amended to read as follows:

     (1) Beginning January 1, ((2001)) 2002, each ((continuing)) candidate or political committee((,)) that expended ((ten)) twenty-five thousand dollars or more in the preceding year or expects to expend ((ten)) twenty-five 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)) by the electronic alternative provided by the commission under RCW 42.17.369.  The commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.

    (2) Beginning January 1, 2004, each candidate or political committee that expended ten thousand dollars or more in the preceding year or expects to expend ten thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW 42.17.369.  The commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.

    (3)  Failure by a ((continuing)) candidate or political committee to comply with this section is a violation of this chapter.

 

    Sec. 5.  RCW 42.17.461 and 1999 c 401 s 2 are each amended 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 within two business days of the commission's receipt of the report and on the commission's web site within ((two)) four 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 on the commission's web site within ((four)) seven 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.

    (3) On January 1, 2002, 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 must 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, must 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. 6.  A new section is added to chapter 42.17 RCW to read as follows:

    In addition to its regular telephone number, the commission shall offer political committees and residents of this state the opportunity to contact the commission by a toll-free telephone number.


    Passed the Senate March 9, 2000.

    Passed the House March 8, 2000.

Approved by the Governor March 30, 2000.

    Filed in Office of Secretary of State March 30, 2000.