Chapter 42.17 RCW
DISCLOSURE -- CAMPAIGN FINANCES -- LOBBYING -- RECORDS

RCW SECTIONS

42.17.010Declaration of policy.
42.17.020Definitions.

CAMPAIGN FINANCING

42.17.030Applicability -- Exceptions.
42.17.035Conservation district exception.
42.17.040Statement of organization by political committees.
42.17.050Treasurer -- Depositories.
42.17.060Deposit of contributions -- Investment -- Unidentified contributions -- Cash contributions.
42.17.065Filing and reporting by continuing political committee.
42.17.067Fund-raising activities -- Alternative reporting method.
42.17.070Expenditures -- Authorization of and restrictions on.
42.17.080Reporting of contributions and expenditures -- Inspection of accounts.
42.17.090Contents of report.
42.17.093Out-of-state political committees -- Reports.
42.17.095Disposal of surplus funds.
42.17.100Special reports -- Independent expenditures.
42.17.103Special reports -- Political advertising.
42.17.105Special reports -- Late contributions or large totals -- Certain late contributions prohibited.
42.17.110Commercial advertisers -- Public inspection of documents -- Copies to commission.
42.17.120Identification of contributions and communications.
42.17.125Personal use of contributions -- When permitted.
42.17.128Use of public funds for political purposes.
42.17.130Forbids use of public office or agency facilities in campaigns.
42.17.131Exemption from RCW 42.17.130.
42.17.135Earmarked contributions.

LOBBYIST REPORTING

42.17.150Registration of lobbyists.
42.17.155Photograph and information -- Booklet -- Publication.
42.17.160Exemption from registration.
42.17.170Reporting by lobbyists.
42.17.172Notification to person named in report.
42.17.175Special reports -- Lobbyists -- Late contributions or large totals.
42.17.180Reports by employers of registered lobbyists, other persons.
42.17.190Legislative activities of state agencies, other units of government, elective officials, employees.
42.17.200Grass roots lobbying campaigns.
42.17.210Employment of legislators, board or commission members, or state employees -- Statement, contents and filing.
42.17.220Employment of unregistered persons.
42.17.230Lobbyists' duties, restrictions.

REPORTING OF PUBLIC OFFICIALS' FINANCIAL AFFAIRS

42.17.240Elected and appointed officials, candidates, and appointees -- Reports of financial affairs and gifts.
42.17.2401"Executive state officer" defined.
42.17.241Contents of report.
42.17.242Concealing identity of source of payment prohibited -- Exception.
42.17.243Public office fund -- What constitutes, restrictions on use -- Reporting of -- Disposal of remaining funds.

REPORTING BY PUBLIC TREASURERS

42.17.245Public accounts of governmental entities held by financial institutions -- Statements and reports -- Contents -- Filing.

PUBLIC RECORDS

42.17.250Duty to publish procedures.
42.17.251Construction.
42.17.255Invasion of privacy, when.
42.17.258Disclaimer of public liability.
42.17.260Documents and indexes to be made public.
42.17.270Facilities for copying -- Availability of public records.
42.17.280Times for inspection and copying.
42.17.290Protection of public records -- Public access.
42.17.295Destruction of information relating to employee misconduct.
42.17.300Charges for copying.
42.17.305Other provisions not superseded.
42.17.310Certain personal and other records exempt.
42.17.311Duty to disclose or withhold information -- Otherwise provided.
42.17.312Medical records -- Health care information.
42.17.313Application for license or small loan endorsement under chapter 31.45 RCW -- Certain information exempt.
42.17.314Electrical utility records, request by law enforcement agency.
42.17.315Certain records obtained by colleges, universities, libraries, or archives exempt.
42.17.316Certain records of impaired physician program exempt.
42.17.317Information on commercial fertilizer distribution exempt.
42.17.318Information on concealed pistol licenses exempt.
42.17.319Certain records of department of community, trade, and economic development exempt.
42.17.31901Identity of child victims of sexual assault exempt.
42.17.31902Infant mortality review.
42.17.31903Identification of viators regulated by the insurance commissioner exempt.
42.17.31904Insurance antifraud plans exempt.
42.17.31905Insurance information on certain material transactions exempt.
42.17.31906Fireworks records exempt.
42.17.31907Agricultural business and commodity board and commission records exempt.
42.17.31908Business information gathered under certain regulatory activities exempt.
42.17.31909American ginseng growers or dealers -- Certain information exempt.
42.17.31910Uniform Disciplinary Act complaints exempt.
42.17.31911Examination reports and information from financial institutions exempt.
42.17.31912Motor carrier information systems.
42.17.31913Marine employees salary surveys.
42.17.31914Rail fixed guideway system -- Safety and security program plan.
42.17.31915Service contract providers -- Financial reports exempt.
42.17.31916Insurance information.
42.17.31917Insurance information -- Proprietary or trade secret.
42.17.31918Agriculture records exempt -- Apple merchants.
42.17.31919Public livestock market information exempt.
42.17.31920Department of social and health services reports for section 8, chapter 231, Laws of 2003.
42.17.31921Correctional industries class I work program information.
42.17.320Prompt responses required.
42.17.325Review of agency denial.
42.17.330Court protection of public records.
42.17.340Judicial review of agency actions.
42.17.341Application of RCW 42.17.340.
42.17.348Explanatory pamphlet.

ADMINISTRATION AND ENFORCEMENT

42.17.350Public disclosure commission -- Established -- Membership -- Prohibited activities -- Compensation, travel expenses.
42.17.360Commission -- Duties.
42.17.362Toll-free telephone number.
42.17.365Audits and investigations.
42.17.367Web site for commission documents.
42.17.369Electronic filing -- Availability.
42.17.3691Electronic filing -- When required.
42.17.370Commission -- Additional powers.
42.17.375Reports filed with county elections official -- Rules governing.
42.17.380Secretary of state, attorney general -- Duties.
42.17.390Civil remedies and sanctions.
42.17.395Violations -- Determination by commission -- Procedure.
42.17.397Procedure upon petition for enforcement of order of commission -- Court's order of enforcement.
42.17.400Enforcement.
42.17.405Suspension, reapplication of reporting requirements in small political subdivisions.
42.17.410Limitation on actions.
42.17.420Date of mailing deemed date of receipt -- Exceptions -- Electronic filings.
42.17.430Certification of reports.
42.17.440Statements and reports public records.
42.17.450Duty to preserve statements and reports.
42.17.460Access to reports -- Legislative intent.
42.17.461Access goals.
42.17.463Access performance measures.
42.17.465Information technology plan -- Contents.
42.17.467Information technology plan -- Consultation.
42.17.469Information technology plan -- Submission.
42.17.471Access performance reports.

POLITICAL ADVERTISING

42.17.505Definitions.
42.17.510Identification of sponsor -- Exemptions.
42.17.520Picture of candidate.
42.17.530False political advertising.
42.17.540Responsibility for compliance.
42.17.550Independent expenditure disclosure.

CAMPAIGN CONTRIBUTION LIMITATIONS

42.17.610Findings.
42.17.620Intent.
42.17.640Limits specified -- Exemptions.
42.17.650Attribution and aggregation of family contributions.
42.17.660Attribution of contributions by controlled entities.
42.17.670Attribution of contributions generally -- "Earmarking."
42.17.680Limitations on employers or labor organizations.
42.17.690Changing monetary limits.
42.17.700Contributions before December 3, 1992.
42.17.710Time limit for state official to solicit or accept contributions.
42.17.720Restriction on loans.
42.17.730Contributions on behalf of another.
42.17.740Certain contributions required to be by written instrument.
42.17.750Solicitation of contributions by public officials or employees.
42.17.760Agency shop fees as contributions.
42.17.770Solicitation of endorsement fees.
42.17.780Reimbursement for contributions.
42.17.790Prohibition on use of contributions for a different office.

TECHNICAL PROVISIONS

42.17.900Effective date -- 1973 c 1.
42.17.910Severability -- 1973 c 1.
42.17.911Severability -- 1975 1st ex.s. c 294.
42.17.912Severability -- 1975-'76 2nd ex.s. c 112.
42.17.920Construction -- 1973 c 1.
42.17.930Chapter, section headings not part of law.
42.17.940Repealer -- 1973 c 1.
42.17.945Construction -- 1975-'76 2nd ex.s. c 112.
42.17.950Captions.
42.17.955Short title -- 1993 c 2.
42.17.960Effective date -- 1995 c 397.
42.17.961Captions -- 1995 c 397.
42.17.962Severability -- 1995 c 397.

NOTES:

Basic health plan records: RCW 70.47.150.

Boundary changes, factual information on: RCW 35.21.890.

Family and children's ombudsman: RCW 43.06A.050.

Heating oil pollution liability protection act, certain information exempt from chapter 42.17 RCW: RCW 70.149.090.

Private and confidential information -- Requests for disclosure: RCW 50.13.015.

Secretary of state, materials specifically authorized to be printed and distributed by: RCW 43.07.140.



RCW 42.17.010
Declaration of policy.

It is hereby declared by the sovereign people to be the public policy of the state of Washington:

     (1) That political campaign and lobbying contributions and expenditures be fully disclosed to the public and that secrecy is to be avoided.

     (2) That the people have the right to expect from their elected representatives at all levels of government the utmost of integrity, honesty, and fairness in their dealings.

     (3) That the people shall be assured that the private financial dealings of their public officials, and of candidates for those offices, present no conflict of interest between the public trust and private interest.

     (4) That our representative form of government is founded on a belief that those entrusted with the offices of government have nothing to fear from full public disclosure of their financial and business holdings, provided those officials deal honestly and fairly with the people.

     (5) That public confidence in government at all levels is essential and must be promoted by all possible means.

     (6) That public confidence in government at all levels can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and decisions.

     (7) That the concept of attempting to increase financial participation of individual contributors in political campaigns is encouraged by the passage of the Revenue Act of 1971 by the Congress of the United States, and in consequence thereof, it is desirable to have implementing legislation at the state level.

     (8) That the concepts of disclosure and limitation of election campaign financing are established by the passage of the Federal Election Campaign Act of 1971 by the Congress of the United States, and in consequence thereof it is desirable to have implementing legislation at the state level.

     (9) That small contributions by individual contributors are to be encouraged, and that not requiring the reporting of small contributions may tend to encourage such contributions.

     (10) That the public's right to know of the financing of political campaigns and lobbying and the financial affairs of elected officials and candidates far outweighs any right that these matters remain secret and private.

     (11) That, mindful of the right of individuals to privacy and of the desirability of the efficient administration of government, full access to information concerning the conduct of government on every level must be assured as a fundamental and necessary precondition to the sound governance of a free society.

     The provisions of this chapter shall be liberally construed to promote complete disclosure of all information respecting the financing of political campaigns and lobbying, and the financial affairs of elected officials and candidates, and full access to public records so as to assure continuing public confidence of fairness of elections and governmental processes, and so as to assure that the public interest will be fully protected. In promoting such complete disclosure, however, this chapter shall be enforced so as to insure that the information disclosed will not be misused for arbitrary and capricious purposes and to insure that all persons reporting under this chapter will be protected from harassment and unfounded allegations based on information they have freely disclosed.

[1975 1st ex.s. c 294 § 1; 1973 c 1 § 1 (Initiative Measure No. 276, approved November 7, 1972).]


RCW 42.17.020
Definitions.

(1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.

     (2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.

     (3) "Ballot proposition" means any "measure" as defined by *RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.

     (4) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.

     (5) "Bona fide political party" means:

     (a) An organization that has filed a valid certificate of nomination with the secretary of state under **chapter 29.24 RCW;

     (b) The governing body of the state organization of a major political party, as defined in *RCW 29.01.090, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or

     (c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.

     (6) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.

     (7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.

     (8) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:

     (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;

     (b) Announces publicly or files for office;

     (c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or

     (d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.

     (9) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.

     (10) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.

     (11) "Commission" means the agency established under RCW 42.17.350.

     (12) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.

     (13) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.

     (14)(a) "Contribution" includes:

     (i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;

     (ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;

     (iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized agent;

     (iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.

     (b) "Contribution" does not include:

     (i) Standard interest on money deposited in a political committee's account;

     (ii) Ordinary home hospitality;

     (iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;

     (iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

     (v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;

     (vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;

     (vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;

     (viii) Legal or accounting services rendered to or on behalf of:

     (A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or

     (B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.

     (c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.

     (15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.

     (16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.

     (17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.

     (18) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.

     (19) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.

     (20) "Final report" means the report described as a final report in RCW 42.17.080(2).

     (21) "General election" for the purposes of RCW 42.17.640 means the election that results in the election of a person to a state office. It does not include a primary.

     (22) "Gift," is as defined in RCW 42.52.010.

     (23) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.

     (24) "Independent expenditure" means an expenditure that has each of the following elements:

     (a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

     (b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and

     (c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of ***five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.

     (25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.

     (b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.

     (c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.

     (d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.

     (26) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.

     (27) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.

     (28) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.

     (29) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.

     (30) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

     (31) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.

     (32) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.

     (33) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.

     (34) "Primary" for the purposes of RCW 42.17.640 means the procedure for nominating a candidate to state office under ****chapter 29.18 or 29.21 RCW or any other primary for an election that uses, in large measure, the procedures established in ****chapter 29.18 or 29.21 RCW.

     (35) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.

     (36) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

     (37) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under *****RCW 29.82.015 and ending thirty days after the recall election.

     (38) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.

     (39) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.

     (40) "State official" means a person who holds a state office.

     (41) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.

     (42) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

     As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

[2002 c 75 § 1; 1995 c 397 § 1; 1992 c 139 § 1; 1991 sp.s. c 18 § 1; 1990 c 139 § 2. Prior: 1989 c 280 § 1; 1989 c 175 § 89; 1984 c 34 § 5; 1979 ex.s. c 50 § 1; 1977 ex.s. c 313 § 1; 1975 1st ex.s. c 294 § 2; 1973 c 1 § 2 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Reviser's note: *(1) RCW 29.01.110 and 29.01.090 were recodified as RCW 29A.04.091 and 29A.04.085 pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.04.085 was subsequently repealed by 2004 c 271 § 193.

     **(2) Chapter 29.24 RCW was recodified as chapter 29A.20 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.

     ***(3) The dollar amounts in this section have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the Washington Administrative Code (WAC).

     ****(4) Chapters 29.18 and 29.21 RCW were recodified as chapter 29A.52 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.

     *****(5) RCW 29.82.015 was recodified as RCW 29A.56.120 pursuant to 2003 c 111 § 2401, effective July 1, 2004.

     Legislative intent -- 1990 c 139: "The provisions of this act which repeal the reporting requirements established by chapter 423, Laws of 1987 for registered lobbyists and employers of lobbyists are not intended to alter, expand, or restrict whatsoever the definition of "lobby" or "lobbying" contained in RCW 42.17.020 as it existed prior to the enactment of chapter 423, Laws of 1987." [1990 c 139 § 1.]

     Effective date -- 1989 c 280: "This act shall take effect January 1, 1990." [1989 c 280 § 14.]

     Effective date -- 1989 c 175: See note following RCW 34.05.010.

     Effective date -- 1977 ex.s. c 313: "This 1977 amendatory act shall take effect on January 1, 1978." [1977 ex.s. c 313 § 9.]

     Severability -- 1977 ex.s. c 313: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 313 § 8.]




CAMPAIGN FINANCING



RCW 42.17.030
Applicability -- Exceptions.

The provisions of this chapter relating to the financing of election campaigns shall apply in all election campaigns other than (1) for precinct committee officer; (2) for a federal elective office; and (3) for an office of a political subdivision of the state that does not encompass a whole county and that contains fewer than five thousand registered voters as of the date of the most recent general election in the subdivision, unless required by RCW 42.17.405(2) through (5).

[1987 c 295 § 18; 1986 c 12 § 1; 1985 c 367 § 2; 1977 ex.s. c 313 § 2; 1973 c 1 § 3 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- Severability -- 1977 ex.s. c 313: See notes following RCW 42.17.020.

Cemetery district commissioners exempt from chapter: RCW 68.52.140, 68.52.220.
RCW 42.17.035
Conservation district exception.

Elections of conservation district supervisors held pursuant to chapter 89.08 RCW shall not be considered general or special elections for purposes of the campaign disclosure and personal financial affairs reporting requirements of this chapter. Elected conservation district supervisors are not considered elected officials for purposes of the annual personal financial affairs reporting requirement of this chapter.

[2002 c 43 § 4.]

NOTES:

     Intent -- Effective date -- 2002 c 43: See notes following RCW 29A.04.330.


RCW 42.17.040
Statement of organization by political committees.

(1) Every political committee, within two weeks after its organization or, within two weeks after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, shall file a statement of organization with the commission and with the county auditor or elections officer of the county in which the candidate resides, or in the case of any other political committee, the county in which the treasurer resides. A political committee organized within the last three weeks before an election and having the expectation of receiving contributions or making expenditures during and for that election campaign shall file a statement of organization within three business days after its organization or when it first has the expectation of receiving contributions or making expenditures in the election campaign.

     (2) The statement of organization shall include but not be limited to:

     (a) The name and address of the committee;

     (b) The names and addresses of all related or affiliated committees or other persons, and the nature of the relationship or affiliation;

     (c) The names, addresses, and titles of its officers; or if it has no officers, the names, addresses, and titles of its responsible leaders;

     (d) The name and address of its treasurer and depository;

     (e) A statement whether the committee is a continuing one;

     (f) The name, office sought, and party affiliation of each candidate whom the committee is supporting or opposing, and, if the committee is supporting the entire ticket of any party, the name of the party;

     (g) The ballot proposition concerned, if any, and whether the committee is in favor of or opposed to such proposition;

     (h) What distribution of surplus funds will be made, in accordance with RCW 42.17.095, in the event of dissolution;

     (i) The street address of the place and the hours during which the committee will make available for public inspection its books of account and all reports filed in accordance with RCW 42.17.080; and

     (j) Such other information as the commission may by regulation prescribe, in keeping with the policies and purposes of this chapter.

     (3) Any material change in information previously submitted in a statement of organization shall be reported to the commission and to the appropriate county elections officer within the ten days following the change.

[1989 c 280 § 2; 1982 c 147 § 1; 1977 ex.s. c 336 § 1; 1975 1st ex.s. c 294 § 3; 1973 c 1 § 4 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.

     Severability -- 1977 ex.s. c 336: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 336 § 8.]

     Effective date -- 1973 c 1: See RCW 42.17.900.


RCW 42.17.050
Treasurer -- Depositories.

(1) Each candidate, within two weeks after becoming a candidate, and each political committee, at the time it is required to file a statement of organization, shall designate and file with the commission and the appropriate county elections officer the names and addresses of:

     (a) One legally competent individual, who may be the candidate, to serve as a treasurer; and

     (b) A bank, mutual savings bank, savings and loan association, or credit union doing business in this state to serve as depository and the name of the account or accounts maintained in it.

     (2) A candidate, a political committee, or a treasurer may appoint as many deputy treasurers as is considered necessary and may designate not more than one additional depository in each other county in which the campaign is conducted. The candidate or political committee shall file the names and addresses of the deputy treasurers and additional depositories with the commission and the appropriate county elections officer.

     (3) A candidate may not knowingly establish, use, direct, or control more than one political committee for the purpose of supporting that candidate during a particular election campaign. This does not prohibit: (a) In addition to a candidate's having his or her own political committee, the candidate's participation in a political committee established to support a slate of candidates which includes the candidate; or (b) joint fund-raising efforts by candidates when a separate political committee is established for that purpose and all contributions are disbursed to and accounted for on a pro rata basis by the benefiting candidates.

     (4)(a) A candidate or political committee may at any time remove a treasurer or deputy treasurer or change a designated depository.

     (b) In the event of the death, resignation, removal, or change of a treasurer, deputy treasurer, or depository, the candidate or political committee shall designate and file with the commission and the appropriate county elections officer the name and address of any successor.

     (5) No treasurer, deputy treasurer, or depository may be deemed to be in compliance with the provisions of this chapter until his name and address is filed with the commission and the appropriate county elections officer.

[1989 c 280 § 3; 1985 c 367 § 3; 1982 c 147 § 2; 1973 c 1 § 5 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.


RCW 42.17.060
Deposit of contributions -- Investment -- Unidentified contributions -- Cash contributions.

(1) All monetary contributions received by a candidate or political committee shall be deposited by the treasurer or deputy treasurer in a depository in an account established and designated for that purpose. Such deposits shall be made within five business days of receipt of the contribution.

     (2) Political committees which support or oppose more than one candidate or ballot proposition, or exist for more than one purpose, may maintain multiple separate bank accounts within the same designated depository for such purpose: PROVIDED, That each such account shall bear the same name followed by an appropriate designation which accurately identifies its separate purpose: AND PROVIDED FURTHER, That transfers of funds which must be reported under *RCW 42.17.090(1)(d) may not be made from more than one such account.

     (3) Nothing in this section prohibits a candidate or political committee from investing funds on hand in a depository in bonds, certificates, tax-exempt securities, or savings accounts or other similar instruments in financial institutions or mutual funds other than the depository: PROVIDED, That the commission and the appropriate county elections officer is notified in writing of the initiation and the termination of the investment: PROVIDED FURTHER, That the principal of such investment when terminated together with all interest, dividends, and income derived from the investment are deposited in the depository in the account from which the investment was made and properly reported to the commission and the appropriate county elections officer prior to any further disposition or expenditure thereof.

     (4) Accumulated unidentified contributions, other than those made by persons whose names must be maintained on a separate and private list by a political committee's treasurer pursuant to RCW 42.17.090(1)(b), which total in excess of one percent of the total accumulated contributions received in the current calendar year or three hundred dollars (whichever is more), may not be deposited, used, or expended, but shall be returned to the donor, if his identity can be ascertained. If the donor cannot be ascertained, the contribution shall escheat to the state, and shall be paid to the state treasurer for deposit in the state general fund.

     (5) A contribution of more than fifty dollars in currency may not be accepted unless a receipt, signed by the contributor and by the candidate, treasurer, or deputy treasurer, is prepared and made a part of the campaign's or political committee's financial records.

[1989 c 280 § 4; 1987 c 268 § 1; 1985 c 367 § 4; 1982 c 147 § 3; 1977 ex.s. c 313 § 3; 1975 1st ex.s. c 294 § 4; 1973 c 1 § 6 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     *Reviser's note: RCW 42.17.090 was amended by 1989 c 280 § 9, changing subsection (1)(d) to subsection (1)(e).

     Effective date -- 1989 c 280: See note following RCW 42.17.020.

     Effective date -- Severability -- 1977 ex.s. c 313: See notes following RCW 42.17.020.


RCW 42.17.065
Filing and reporting by continuing political committee.

(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 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.

[2000 c 237 § 1; 1989 c 280 § 5; 1982 c 147 § 4; 1975 1st ex.s. c 294 § 5.]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.


RCW 42.17.067
Fund-raising activities -- Alternative reporting method.

(1) Fund-raising activities which meet the standards of subsection (2) of this section may be reported in accordance with the provisions of this section in lieu of reporting in accordance with RCW 42.17.080.

     (2) Standards:

     (a) The activity consists of one or more of the following:

     (i) The retail sale of goods or services at a reasonable approximation of the fair market value of each item or service sold at the activity; or

     (ii) A gambling operation which is licensed, conducted, or operated in accordance with the provisions of chapter 9.46 RCW; or

     (iii) A gathering where food and beverages are purchased, where the price of admission or the food and beverages is no more than twenty-five dollars; or

     (iv) A concert, dance, theater performance, or similar entertainment event where the price of admission is no more than twenty-five dollars; or

     (v) An auction or similar sale where the total fair market value of items donated by any person for sale is no more than fifty dollars; and

     (b) No person responsible for receiving money at such activity knowingly accepts payments from a single person at or from such an activity to the candidate or committee aggregating more than fifty dollars unless the name and address of the person making such payment together with the amount paid to the candidate or committee are disclosed in the report filed pursuant to subsection (6) of this section; and

     (c) Such other standards as shall be established by rule of the commission to prevent frustration of the purposes of this chapter.

     (3) All funds received from a fund-raising activity which conforms with subsection (2) of this section shall be deposited within five business days of receipt by the treasurer or deputy treasurer in the depository.

     (4) At the time reports are required under RCW 42.17.080, the treasurer or deputy treasurer making the deposit shall file with the commission and the appropriate county elections officer a report of the fund-raising activity which shall contain the following information:

     (a) The date of the activity;

     (b) A precise description of the fund-raising methods used in the activity; and

     (c) The total amount of cash receipts from persons, each of whom paid no more than fifty dollars.

     (5) The treasurer or deputy treasurer shall certify the report is correct.

     (6) The treasurer shall report pursuant to RCW 42.17.080 and 42.17.090: (a) The name and address and the amount contributed of each person who contributes goods or services with a fair market value of more than fifty dollars to a fund-raising activity reported under subsection (4) of this section, and (b) the name and address of each person whose identity can be ascertained, and the amount paid, from whom were knowingly received payments to the candidate or committee aggregating more than fifty dollars at or from such a fund-raising activity.

[1989 c 280 § 6; 1982 c 147 § 5; 1975-'76 2nd ex.s. c 112 § 9.]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.


RCW 42.17.070
Expenditures -- Authorization of and restrictions on.

No expenditures may be made or incurred by any candidate or political committee except on the authority of the treasurer or the candidate, and a record of all such expenditures shall be maintained by the treasurer.

     No expenditure of more than fifty dollars may be made in currency unless a receipt, signed by the recipient and by the candidate or treasurer, is prepared and made a part of the campaign's or political committee's financial records.

[1989 c 280 § 7; 1985 c 367 § 5; 1973 c 1 § 7 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.


RCW 42.17.080
Reporting of contributions and expenditures -- Inspection of accounts.

(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 Monday 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, 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.

     (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.

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

     (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.

     (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.

[2002 c 75 § 2; 2000 c 237 § 2; 1999 c 401 § 13; 1995 c 397 § 2; 1989 c 280 § 8; 1986 c 28 § 1; 1982 c 147 § 6; 1975 1st ex.s. c 294 § 6; 1973 c 1 § 8 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.


RCW 42.17.090
Contents of report.

(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 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: 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; and

     (k) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter.

     (2) The treasurer and the candidate shall certify the correctness of each report.

[2003 c 123 § 1; 1993 c 256 § 6; 1989 c 280 § 9. Prior: 1986 c 228 § 1; 1986 c 12 § 2; 1983 c 96 § 1; 1982 c 147 § 7; 1977 ex.s. c 336 § 2; 1975-'76 2nd ex.s. c 112 § 3; 1975 1st ex.s. c 294 § 7; 1973 c 1 § 9 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Severability -- Effective date--1993 c 256: See notes following RCW 29.79.500.

     Effective date -- 1989 c 280: See note following RCW 42.17.020.

     Severability -- 1977 ex.s. c 336: See note following RCW 42.17.040.

Appearance of fairness doctrine -- Application to candidates for public office -- Campaign contributions: RCW 42.36.040, 42.36.050.
RCW 42.17.093
Out-of-state political committees -- Reports.

(1) An out-of-state political committee organized for the purpose of supporting or opposing candidates or ballot propositions in another state that is not otherwise required to report under RCW 42.17.040 through 42.17.090 shall report as required in this section when it makes an expenditure supporting or opposing a Washington state candidate or political committee. The committee shall file with the commission a statement disclosing:

     (a) Its name and address;

     (b) The purposes of the out-of-state committee;

     (c) The names, addresses, and titles of its officers or, if it has no officers, the names, addresses, and the titles of its responsible leaders;

     (d) The name, office sought, and party affiliation of each candidate in the state of Washington whom the out-of-state committee is supporting or opposing and, if such committee is supporting or opposing the entire ticket of any party, the name of the party;

     (e) 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;

     (f) 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 out-of-state committee during the current calendar year, together with the money value and date of such contributions;

     (g) The name and address of each person in the state of Washington to whom an expenditure was made by the out-of-state committee with respect to 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; and

     (h) Such other information as the commission may prescribe by rule in keeping with the policies and purposes of this chapter.

     (2) Each statement shall be filed no later than the twentieth day of the month following any month in which a contribution or other expenditure reportable under subsection (1) of this section is made. An out-of-state committee incurring an obligation to file additional statements in a calendar year may satisfy the obligation by timely filing reports that supplement previously filed information.

     (3) A political committee required to file campaign reports with the federal election commission or its successor is exempt from reporting under this section.

[2003 c 123 § 2.]


RCW 42.17.095
Disposal of surplus funds.

The surplus funds of a candidate, or of a political committee supporting or opposing a candidate, may only be disposed of in any one or more of the following ways:

     (1) Return the surplus to a contributor in an amount not to exceed that contributor's original contribution;

     (2) Transfer the surplus to the candidate's personal account as reimbursement for lost earnings incurred as a result of that candidate's election campaign. Such lost earnings shall be verifiable as unpaid salary or, when the candidate is not salaried, as an amount not to exceed income received by the candidate for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall be maintained by the candidate or the candidate's political committee. The committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;

     (3) Transfer the surplus without limit to a political party or to a caucus political committee;

     (4) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;

     (5) Transmit the surplus to the state treasurer for deposit in the general fund; or

     (6) Hold the surplus in the campaign depository or depositories designated in accordance with RCW 42.17.050 for possible use in a future election campaign for the same office last sought by the candidate and report any such disposition in accordance with RCW 42.17.090: PROVIDED, That if the candidate subsequently announces or publicly files for office, information as appropriate is reported to the commission in accordance with RCW 42.17.040 through 42.17.090. If a subsequent office is not sought the surplus held shall be disposed of in accordance with the requirements of this section.

     (7) Hold the surplus campaign funds in a separate account for nonreimbursed public office-related expenses or as provided in this section, and report any such disposition in accordance with RCW 42.17.090. The separate account required under this subsection shall not be used for deposits of campaign funds that are not surplus.

     (8) No candidate or authorized committee may transfer funds to any other candidate or other political committee.

     The disposal of surplus funds under this section shall not be considered a contribution for purposes of this chapter.

[1995 c 397 § 31; 1993 c 2 § 20 (Initiative Measure No. 134, approved November 3, 1992); 1982 c 147 § 8; 1977 ex.s. c 336 § 3.]

NOTES:

     Severability -- 1977 ex.s. c 336: See note following RCW 42.17.040.


RCW 42.17.100
Special reports -- Independent expenditures.

(1) For the purposes of this section and RCW 42.17.550 the term "independent expenditure" means any expenditure that is made in support of or in opposition to any candidate or ballot proposition and is not otherwise required to be reported pursuant to RCW 42.17.060, 42.17.080, or 42.17.090. "Independent expenditure" does not include: An internal political communication primarily limited to the contributors to a political party organization or political action committee, or the officers, management staff, and stockholders of a corporation or similar enterprise, or the members of a labor organization or other membership organization; or the rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person.

     (2) Within five days after the date of making an independent expenditure that by itself or when added to all other such independent expenditures made during the same election campaign by the same person equals one hundred dollars or more, or within five days after the date of making an independent expenditure for which no reasonable estimate of monetary value is practicable, whichever occurs first, the person who made the independent expenditure shall file with the commission and the county elections officer of the county of residence for the candidate supported or opposed by the independent expenditure (or in the case of an expenditure made in support of or in opposition to a local ballot proposition, the county of residence for the person making the expenditure) an initial report of all independent expenditures made during the campaign prior to and including such date.

     (3) At the following intervals each person who is required to file an initial report pursuant to subsection (2) of this section shall file with the commission and the county elections officer of the county of residence for the candidate supported or opposed by the independent expenditure (or in the case of an expenditure made in support of or in opposition to a ballot proposition, the county of residence for the person making the expenditure) a further report of the independent expenditures made since the date of the last report:

     (a) On the twenty-first day and the seventh day preceding the date on which the election is held; and

     (b) On the tenth day of the first month after the election; and

     (c) On the tenth day of each month in which no other reports are required to be filed pursuant to this section. However, the further reports required by this subsection (3) shall only be filed if the reporting person has made an independent expenditure since the date of the last previous report filed.

     The report filed pursuant to paragraph (a) of this subsection (3) shall be the final report, and upon submitting such final report the duties of the reporting person shall cease, and there shall be no obligation to make any further reports.

     (4) All reports filed pursuant to this section shall be certified as correct by the reporting person.

     (5) Each report required by subsections (2) and (3) of this section shall disclose for the period beginning at the end of the period for the last previous report filed or, in the case of an initial report, beginning at the time of the first independent expenditure, and ending not more than one business day before the date the report is due:

     (a) The name and address of the person filing the report;

     (b) The name and address of each person to whom an independent expenditure was made in the aggregate amount of more than fifty dollars, and the amount, date, and purpose of each such expenditure. If no reasonable estimate of the monetary value of a particular independent expenditure is practicable, it is sufficient to report instead a precise description of services, property, or rights furnished through the expenditure and where appropriate to attach a copy of the item produced or distributed by the expenditure;

     (c) The total sum of all independent expenditures made during the campaign to date; and

     (d) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter.

[1995 c 397 § 28; 1989 c 280 § 10; 1985 c 367 § 6; 1982 c 147 § 9; 1975-'76 2nd ex.s. c 112 § 4; 1973 c 1 § 10 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.


RCW 42.17.103
Special reports -- Political advertising.

(1) The sponsor of political advertising who, within twenty-one days of an election, publishes, mails, or otherwise presents to the public political advertising supporting or opposing a candidate or ballot proposition that qualifies as an independent expenditure with a fair market value of one thousand dollars or more shall deliver, either electronically or in written form, a special report to the commission within twenty-four hours of, or on the first working day after, the date the political advertising is first published, mailed, or otherwise presented to the public.

     (2) If a sponsor is required to file a special report under this section, the sponsor shall also deliver to the commission within the delivery period established in subsection (1) of this section a special report for each subsequent independent expenditure of any size supporting or opposing the same candidate who was the subject of the previous independent expenditure, supporting or opposing that candidate's opponent, or supporting or opposing the same ballot proposition that was the subject of the previous independent expenditure.

     (3) The special report must include at least:

     (a) The name and address of the person making the expenditure;

     (b) The name and address of the person to whom the expenditure was made;

     (c) A detailed description of the expenditure;

     (d) The date the expenditure was made and the date the political advertising was first published or otherwise presented to the public;

     (e) The amount of the expenditure;

     (f) The name of the candidate supported or opposed by the expenditure, the office being sought by the candidate, and whether the expenditure supports or opposes the candidate; or the name of the ballot proposition supported or opposed by the expenditure and whether the expenditure supports or opposes the ballot proposition; and

     (g) Any other information the commission may require by rule.

     (4) All persons required to report under RCW 42.17.080, 42.17.090, and 42.17.100 are subject to the requirements of this section. The commission may determine that reports filed pursuant to this section also satisfy the requirements of RCW 42.17.100.

     (5) The sponsor of independent expenditures supporting a candidate or opposing that candidate's opponent required to report under this section shall file with each required report an affidavit or declaration of the person responsible for making the independent expenditure that the expenditure was not made in cooperation, consultation, or concert with, or at the request or suggestion of, the candidate, the candidate's authorized committee, or the candidate's agent, or with the encouragement or approval of the candidate, the candidate's authorized committee, or the candidate's agent.

[2001 c 54 § 1.]

NOTES:

     Effective date -- 2001 c 54: "This act takes effect January 1, 2002." [2001 c 54 § 4.]


RCW 42.17.105
Special reports -- Late contributions or large totals -- Certain late contributions prohibited.

(1) Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution or aggregate of contributions which: Is one thousand dollars or more; is from a single person or entity; and is received during a special reporting period.

     Any political committee making a contribution or an aggregate of contributions to a single entity which is one thousand dollars or more 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.

     For the purposes of subsections (1) through (7) 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) 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) Except as provided in subsection (4) 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) 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 of one thousand dollars or more is received by the candidate or treasurer; the aggregate received by the candidate or treasurer first equals one thousand dollars or more; or the subsequent contribution that must be reported under subsection (2) of this section is received by the candidate or treasurer. The special report required of a contributor by subsection (1) 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 equals one thousand dollars or more; or the subsequent contribution that must be reported under subsection (2) of this section is made.

     (4) The special report may be transmitted orally by telephone to the commission to satisfy the delivery period required by subsection (3) 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) of this section or the file transfer date of the electronic filing is within the delivery period established in subsection (3) of this section.

     (5) 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) Contributions reported under this section shall also be reported as required by other provisions of this chapter.

     (7) The commission shall prepare daily a summary of the special reports made under this section and RCW 42.17.175.

     (8) 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 statewide office or exceeding five thousand dollars for any other campaign subject to the provisions of this chapter 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) 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.

[2001 c 54 § 2; 1995 c 397 § 4; 1991 c 157 § 1; 1989 c 280 § 11; 1986 c 228 § 2; 1985 c 359 § 1; 1983 c 176 § 1.]

NOTES:

     Effective date -- 2001 c 54: See note following RCW 42.17.103.

     Effective date -- 1989 c 280: See note following RCW 42.17.020.


RCW 42.17.110
Commercial advertisers -- Public inspection of documents -- Copies to commission.

(1) Each commercial advertiser who has accepted or provided political advertising during the election campaign shall maintain open for public inspection during the campaign and for a period of no less than three years after the date of the applicable election, during normal business hours, documents and books of account which shall specify:

     (a) The names and addresses of persons from whom it accepted political advertising;

     (b) The exact nature and extent of the advertising services rendered; and

     (c) The consideration and the manner of paying that consideration for such services.

     (2) Each commercial advertiser which must comply with subsection (1) of this section shall deliver to the commission, upon its request, copies of such information as must be maintained open for public inspection pursuant to subsection (1) of this section.

[1975-'76 2nd ex.s. c 112 § 5; 1973 c 1 § 11 (Initiative Measure No. 276, approved November 7, 1972).]


RCW 42.17.120
Identification of contributions and communications.

No contribution shall be made and no expenditure shall be incurred, directly or indirectly, in a fictitious name, anonymously, or by one person through an agent, relative, or other person in such a manner as to conceal the identity of the source of the contribution or in any other manner so as to effect concealment.

[1975 1st ex.s. c 294 § 8; 1973 c 1 § 12 (Initiative Measure No. 276, approved November 7, 1972).]


RCW 42.17.125
Personal use of contributions -- When permitted.

Contributions received and reported in accordance with RCW 42.17.060 through 42.17.090 may only be transferred to the personal account of a candidate, or of a treasurer or other individual or expended for such individual's personal use under the following circumstances:

     (1) Reimbursement for or loans to cover lost earnings incurred as a result of campaigning or services performed for the political committee. Such lost earnings shall be verifiable as unpaid salary, or when the individual is not salaried, as an amount not to exceed income received by the individual for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall be maintained by the individual or the individual's political committee. The political committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090.

     (2) Reimbursement for direct out-of-pocket election campaign and postelection campaign related expenses made by the individual. To receive reimbursement from the political committee, the individual shall provide the political committee with written documentation as to the amount, date, and description of each expense, and the political committee shall include a copy of such information when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090.

     (3) Repayment of loans made by the individual to political committees, which repayment shall be reported pursuant to RCW 42.17.090. However, contributions may not be used to reimburse a candidate for loans totaling more than *three thousand dollars made by the candidate to the candidate's own political committee or campaign.

[1995 c 397 § 29; 1993 c 2 § 21 (Initiative Measure No. 134, approved November 3, 1992); 1989 c 280 § 12; 1985 c 367 § 7; 1977 ex.s. c 336 § 6.]

NOTES:

     *Reviser's note: The dollar amounts in this section have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the Washington Administrative Code (WAC).

     Effective date -- 1989 c 280: See note following RCW 42.17.020.

     Severability -- 1977 ex.s. c 336: See note following RCW 42.17.040.


RCW 42.17.128
Use of public funds for political purposes.

Public funds, whether derived through taxes, fees, penalties, or any other sources, shall not be used to finance political campaigns for state or local office.

[1993 c 2 § 24 (Initiative Measure No. 134, approved November 3, 1992).]


RCW 42.17.130
Forbids use of public office or agency facilities in campaigns.

No elective official nor any employee of his office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency: PROVIDED, That the foregoing provisions of this section shall not apply to the following activities:

     (1) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

     (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry;

     (3) Activities which are part of the normal and regular conduct of the office or agency.

[1979 ex.s. c 265 § 2; 1975-'76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Disposition of violations before January 1, 1995: "Any violations occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not enacted and such laws continued in full force and effect: RCW 42.17.130, chapter 42.18 RCW, chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 § 226.]


RCW 42.17.131
Exemption from RCW 42.17.130.

RCW 42.17.130 does not apply to any person who is a state officer or state employee as defined in RCW 42.52.010.

[1994 c 154 § 317.]

NOTES:

     Parts and captions not law -- Effective date -- Severability -- 1994 c 154: See RCW 42.52.902, 42.52.904, and 42.52.905.


RCW 42.17.135
Earmarked contributions.

A candidate or political committee receiving a contribution earmarked for the benefit of another candidate or political committee shall:

     (1) Report the contribution as required in RCW 42.17.080 and 42.17.090;

     (2) Complete a report, entitled "Earmarked contributions," on a form prescribed by the commission by rule, which identifies the name and address of the person who made the contribution, the candidate or political committee for whose benefit the contribution is earmarked, the amount of the contribution, and the date on which the contribution was received; and

     (3) Notify the commission and the candidate or political committee for whose benefit the contribution is earmarked regarding the receipt of the contribution by mailing or delivering to the commission and to the candidate or committee a copy of the "Earmarked contributions" report. Such notice shall be given within two working days of receipt of the contribution.

     A candidate or political committee receiving notification of an earmarked contribution under subsection (3) of this section shall report the contribution, once the contribution is received by the candidate or committee, in the same manner as the receipt of any other contribution is disclosed in reports required by RCW 42.17.080 and 42.17.090.

[1989 c 280 § 13; 1986 c 228 § 3.]

NOTES:

     Effective date -- 1989 c 280: See note following RCW 42.17.020.




LOBBYIST REPORTING



RCW 42.17.150
Registration of lobbyists.

(1) Before doing any lobbying, or within thirty days after being employed as a lobbyist, whichever occurs first, a lobbyist shall register by filing with the commission a lobbyist registration statement, in such detail as the commission shall prescribe, showing:

     (a) His name, permanent business address, and any temporary residential and business addresses in Thurston county during the legislative session;

     (b) The name, address and occupation or business of the lobbyist's employer;

     (c) The duration of his employment;

     (d) His compensation for lobbying; how much he is to be paid for expenses, and what expenses are to be reimbursed;

     (e) Whether the person from whom he receives said compensation employs him solely as a lobbyist or whether he is a regular employee performing services for his employer which include but are not limited to the influencing of legislation;

     (f) The general subject or subjects of his legislative interest;

     (g) A written authorization from each of the lobbyist's employers confirming such employment;

     (h) The name and address of the person who will have custody of the accounts, bills, receipts, books, papers, and documents required to be kept under this chapter;

     (i) If the lobbyist's employer is an entity (including, but not limited to, business and trade associations) whose members include, or which as a representative entity undertakes lobbying activities for, businesses, groups, associations, or organizations, the name and address of each member of such entity or person represented by such entity whose fees, dues, payments, or other consideration paid to such entity during either of the prior two years have exceeded five hundred dollars or who is obligated to or has agreed to pay fees, dues, payments, or other consideration exceeding five hundred dollars to such entity during the current year.

     (2) Any lobbyist who receives or is to receive compensation from more than one person for his services as a lobbyist shall file a separate notice of representation with respect to each such person; except that where a lobbyist whose fee for acting as such in respect to the same legislation or type of legislation is, or is to be, paid or contributed to by more than one person then such lobbyist may file a single statement, in which he shall detail the name, business address and occupation of each person so paying or contributing, and the amount of the respective payments or contributions made by each such person.

     (3) Whenever a change, modification, or termination of the lobbyist's employment occurs, the lobbyist shall, within one week of such change, modification or termination, furnish full information regarding the same by filing with the commission an amended registration statement.

     (4) Each lobbyist who has registered shall file a new registration statement, revised as appropriate, on the second Monday in January of each odd-numbered year, and failure to do so shall terminate his registration.

[1987 c 201 § 1; 1982 c 147 § 10; 1973 c 1 § 15 (Initiative Measure No. 276, approved November 7, 1972).]


RCW 42.17.155
Photograph and information -- Booklet -- Publication.

Each lobbyist shall at the time he or she registers submit to the commission a recent photograph of himself or herself of a size and format as determined by rule of the commission, together with the name of the lobbyist's employer, the length of his or her employment as a lobbyist before the legislature, a brief biographical description, and any other information he or she may wish to submit not to exceed fifty words in length. Such photograph and information shall be published at least biennially in a booklet form by the commission for distribution to legislators and the public.

[1995 c 397 § 6; 1985 c 367 § 8; 1982 c 147 § 11; 1975 1st ex.s. c 294 § 21.]


RCW 42.17.160
Exemption from registration.

The following persons and activities shall be exempt from registration and reporting under RCW 42.17.150, 42.17.170, and 42.17.200:

     (1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or public hearings of state agencies;

     (2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW 34.05.310(2);

     (3) News or feature reporting activities and editorial comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;

     (4) Persons who lobby without compensation or other consideration for acting as a lobbyist: PROVIDED, Such person makes no expenditure for or on behalf of any member of the legislature or elected official or public officer or employee of the state of Washington in connection with such lobbying. The exemption contained in this subsection is intended to permit and encourage citizens of this state to lobby any legislator, public official, or state agency without incurring any registration or reporting obligation provided they do not exceed the limits stated above. Any person exempt under this subsection (4) may at his or her option register and report under this chapter;

     (5) Persons who restrict their lobbying activities to no more than four days or parts thereof during any three-month period and whose total expenditures during such three-month period for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington in connection with such lobbying do not exceed twenty-five dollars: PROVIDED, That the commission shall promulgate regulations to require disclosure by persons exempt under this subsection or their employers or entities which sponsor or coordinate the lobbying activities of such persons if it determines that such regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this subsection (5) may at his or her option register and report under this chapter;

     (6) The governor;

     (7) The lieutenant governor;

     (8) Except as provided by RCW 42.17.190(1), members of the legislature;

     (9) Except as provided by RCW 42.17.190(1), persons employed by the legislature for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties;

     (10) Elected officials, and officers and employees of any agency reporting under RCW 42.17.190(5).

[1998 c 55 § 3; 1995 c 397 § 32; 1982 c 147 § 12; 1977 ex.s. c 313 § 4; 1975 1st ex.s. c 294 § 9; 1973 c 1 § 16 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- Severability -- 1977 ex.s. c 313: See notes following RCW 42.17.020.


RCW 42.17.170
Reporting by lobbyists.

(1) Any lobbyist registered under RCW 42.17.150 and any person who lobbies shall file with the commission periodic reports of his or her activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the commission. They shall be due monthly and shall be filed within fifteen days after the last day of the calendar month covered by the report.

     (2) Each such monthly periodic report shall contain:

     (a) The totals of all expenditures for lobbying activities made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by the report. Such 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 in the group partaking in or of such entertainment including any portion thereof attributable to the lobbyist's participation therein, and shall include amounts actually expended on each person where calculable, or allocating any portion of the expenditure to individual participants.

     Notwithstanding the foregoing, lobbyists are not required to report the following:

     (i) Unreimbursed personal living and travel expenses not incurred directly for lobbying;

     (ii) Any expenses incurred for his or her own living accommodations;

     (iii) Any expenses incurred for his or her own travel to and from hearings of the legislature;

     (iv) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.

     (b) In the case of a lobbyist employed by more than one employer, the proportionate amount of such expenditures in each category incurred on behalf of each of his employers.

     (c) An itemized listing of each such expenditure, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, in the nature of a contribution of money or of tangible or intangible personal property 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) 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 42.17.160(2).

     (e) Such other information relevant to lobbying activities as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission.

     (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(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.

     (g) The total expenditures made during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this subsection, "expenditures" includes amounts paid or incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations, telemarketing, polling, or similar activities if such 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) If a state elected official or a member of such an official's immediate family is identified by a lobbyist in such a report as having received from the lobbyist an item specified in RCW 42.52.150(5) or 42.52.010(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.

     (4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section.

[1995 c 397 § 33; 1991 sp.s. c 18 § 2; 1990 c 139 § 3; 1989 c 175 § 90; 1987 c 423 § 1; 1985 c 367 § 9; 1982 c 147 § 13; 1977 ex.s. c 313 § 5; 1975 1st ex.s. c 294 § 10; 1973 c 1 § 17 (Initiative Measure No. 276, approved November 7, 1972).]

NOTES:

     Effective date -- 1995 c 397 § 33: "Section 33 of this act takes effect September 1, 1995." [1995 c 397 § 36.]

     Legislative intent -- 1990 c 139: See note following RCW 42.17.020.

     Effective date -- 1989 c 175: See note following RCW 34.05.010.

     Effective date -- Severability -- 1977 ex.s. c 313: See notes following RCW 42.17.020.


RCW 42.17.172
Notification to person named in report.

When a listing or a report of contributions is made to the commission under RCW 42.17.170(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.

[1993 c 2 § 32 (Initiative Measure No. 134, approved November 3, 1992).]


RCW 42.17.175
Special reports -- Lobbyists -- Late contributions or large totals.

Any lobbyist registered under RCW 42.17.150, any person who lobbies, and any lobbyist's employer making a contribution or an aggregate of contributions to a single entity that is one thousand dollars or more during a special reporting period before a primary or general election, as such period is specified in RCW 42.17.105(1), shall file one or more special reports for the contribution or aggregate of contributions and for subsequent contributions made during that period under the same circumstances and to the same extent that a contributing political committee must file such a report or reports under RCW 42.17.105. Such a special report shall be filed in the same manner provided under RCW 42.17.105 for a special report of a contributing political committee.

[2001 c 54 § 3; 1991 c 157 § 2; 1985 c 359 § 2.]

NOTES:

     Effective date -- 2001 c 54: See note following RCW 42.17.103.


RCW 42.17.180
Reports by employers of registered lobbyists, other persons.

(1) Every employer of a lobbyist registered under this chapter during the preceding calendar year and every person other than an individual that made contributions aggregating to more than *ten thousand dollars or independent expenditures aggregating to more than *five hundred dollars during the preceding calendar year shall file with the commission on or before the last day of February of each year a statement disclosing for the preceding calendar year the following information:

     (a) The name of each state elected official and the name of each candidate for state office who was elected to the office and any member of the immediate family of those persons to whom the person reporting has paid any compensation in the amount of five hundred dollars or more during the preceding calendar year for personal employment or professional services, including professional services rendered by a corporation, partnership, joint venture, association, union, or other entity in which the person holds any office, directorship, or any general partnership interest, or an ownership interest of ten percent or more, the value of the compensation in accordance with the reporting provisions set out in RCW 42.17.241(2), and the consideration given or performed in exchange for the compensation.

     (b) The name of each state elected official, successful candidate for state office, or members of his immediate family to whom the person reporting made expenditures, directly or indirectly, either through a lobbyist or otherwise, the amount of the expenditures and the purpose for the expenditures. For the purposes of this subsection, the term expenditure shall not include any expenditure made by the employer in the ordinary course of business if the expenditure is not made for the purpose of influencing, honoring, or benefiting the elected official, successful candidate, or member of his immediate family, as an elected official or candidate.

     (c) The total expenditures made by the person reporting for lobbying purposes, whether through or on behalf of a registered lobbyist or otherwise.

     (d) All contributions made to a political committee supporting or opposing a candidate for state office, or to a polit