BILL REQ. #:  S-3845.1 

Read first time 01/24/14.   Referred to Committee on Governmental Operations.

     AN ACT Relating to improving lobbyist reporting and disclosure; amending RCW 42.17A.050, 42.17A.615, 42.17A.620, and 42.52.150; and adding new sections to chapter 42.17A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 42.17A RCW to read as follows:
     (1) All agencies required to report under RCW 42.17A.635 must file all reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17A.055.
     (2) No later than January 1, 2015, all lobbyists and lobbyists' employers required to file reports under RCW 42.17A.600, 42.17A.615, 42.17A.625, or 42.17A.630 must file all reports required by this chapter electronically over the internet as provided by the commission under RCW 42.17A.055.

Sec. 2   RCW 42.17A.050 and 2010 c 204 s 201 are each amended to read as follows:
     The commission shall 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 42.17A.205, 42.17A.225, 42.17A.235, 42.17A.255, 42.17A.265, 42.17A.600, 42.17A.615, 42.17A.625, and 42.17A.630. In addition, the commission ((shall attempt to)) must make available via the web site and searchable through an application programming interface other public records submitted to or generated by the commission that are required by this chapter to be available for public use or inspection, except for business or residential street address information.

Sec. 3   RCW 42.17A.615 and 2010 c 204 s 804 are each amended to read as follows:
     (1) Any lobbyist registered under RCW 42.17A.600 and any person who lobbies shall file with the commission monthly reports of his or her lobbying activities. The reports shall be made in the form and manner prescribed by the commission and must be signed by the lobbyist. The monthly report shall be filed within fifteen days after the last day of the calendar month covered by the report.
     (2) The monthly report shall contain:
     (a) The totals of all expenditures for lobbying activities made or incurred by the lobbyist or on behalf of the lobbyist by the lobbyist's employer during the period covered by the report. Expenditure 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 taking part in the entertainment, along with the specific dollar amount ((attributable to)) incurred by each person and paid by the lobbyist, including the lobbyist's portion.
     (b) In the case of multiple lobbyists or lobbyists' employers sharing in an expenditure of more than twenty-five dollars for entertainment, each lobbyist or lobbyists' employer must identify the date, place, amount, and the names of all persons taking part in the entertainment, along with the specific dollar amounts of each person's share of the expenses paid by the reporting lobbyist. A cross-reference to the report of another lobbyist or lobbyists' employer who shared in an expenditure does not meet the requirements of this section.
     (c) In the case of a lobbyist employed by more than one employer, the proportionate amount of expenditures in each category incurred on behalf of each of the lobbyist's employers.
     (((c))) (d) An itemized listing of each contribution of money or of tangible or intangible personal property, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, 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))) (e) 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, unless exempt under RCW 42.17A.610(2).
     (((e))) (f) A listing of each payment for an item specified in RCW 42.52.150(5) ((in excess of fifty dollars)) and each item specified in RCW 42.52.010(((10))) (9) (d) and (f) made to a state elected official, state officer, or state employee. Each item shall be identified by recipient, date, and approximate value of the item.
     (((f))) (g) The total expenditures paid or incurred during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise, for (i) political advertising as defined in RCW 42.17A.005; and (ii) public relations, telemarketing, polling, or similar activities if the 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) Lobbyists are not required to report the following:
     (a) Unreimbursed personal living and travel expenses not incurred directly for lobbying;
     (b) Any expenses incurred for his or her own living accommodations;
     (c) Any expenses incurred for his or her own travel to and from hearings of the legislature;
     (d) Any expenses for a legislator's food or beverage at a meeting with the lobbyist where attendance is related to the legislator's official duties that are paid by the legislator; or
     (e) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.
     (4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section. Lobbyist reports are subject to audit by the commission.

Sec. 4   RCW 42.17A.620 and 2010 c 204 s 805 are each amended to read as follows:
     (1) When a listing or a report of contributions is made to the commission under RCW 42.17A.615(2)(c), a copy of the listing or report must be given to the candidate, elected official, professional staff member of the legislature, or officer or employee of an agency, or a political committee supporting or opposing a ballot proposition named in the listing or report.
     (2) If a state elected official or a member of the official's immediate family is identified by a lobbyist in a lobbyist report as having received from the lobbyist an item specified in RCW 42.52.150(5) of any amount or 42.52.010(((10))) (9) (d) or (f), the lobbyist shall transmit to the official a copy of the completed form used to identify the item in the report at the same time the report is filed with the commission.

Sec. 5   RCW 42.52.150 and 2011 c 60 s 29 are each amended to read as follows:
     (1) No state officer or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. For purposes of this section, "single source" means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.
     (2) Except as provided in subsection (4) of this section, the following items are presumed not to influence under RCW 42.52.140, and may be accepted without regard to the limit established by subsection (1) of this section:
     (a) Unsolicited flowers, plants, and floral arrangements;
     (b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
     (c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
     (d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
     (e) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
     (f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
     (g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for deposit in the legislative international trade account created in RCW 43.15.050;
     (h) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for the purpose of promoting the expansion of tourism as provided for in RCW 43.330.090;
     (i) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, solicited on behalf of a national legislative association, 2006 official conference of the national lieutenant governors' association, or host committee for the purpose of hosting an official conference under the circumstances specified in RCW 42.52.820 and section 2, chapter 5, Laws of 2006. Anything solicited or accepted may only be received by the national association or host committee and may not be commingled with any funds or accounts that are the property of any person;
     (j) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
     (k) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.
     (3) The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
     (4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:
     (a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
     (b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
     (c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
     (d) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
     (e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
     (f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
     (g) Those items excluded from the definition of gift in RCW 42.52.010 except:
     (i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
     (ii) Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
     (iii) Flowers, plants, and floral arrangements.
     (5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. The appropriate ethics boards must define the limits of this allowance. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17A RCW.

NEW SECTION.  Sec. 6   A new section is added to chapter 42.17A RCW to read as follows:
     Every lobbyist who is required to report any entertainment expenditure to the commission pursuant to RCW 42.17A.615 must pay a fee of two hundred dollars to the commission each calendar year that it is required to report under RCW 42.17A.600, 42.17A.615, 42.17A.630, or 42.17A.640.

NEW SECTION.  Sec. 7   A new section is added to chapter 42.17A RCW to read as follows:
     (1) The public disclosure electronic filing account is created in the custody of the state treasurer. All receipts from fees paid under section 6 of this act must be deposited into the account. Expenditures from the account may be used only for costs incurred as a result of the design, development, implementation, and maintenance of:
     (a) Computer hardware and software or other applications to accommodate electronic filing of the reports required by this chapter; and
     (b) A database and query system compatible with current architecture, technology, and operating systems that result in readily available data to the public for review and analysis.
     (2) Only the executive director of the commission, or the executive director's designee, may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.