...---- -e-

....**-:~**



# Chapter42.17RCW DISCLOSURE--CAMPAIGNFINANCES-- 

# LOBBYING--RECORDS

REPORTING BYPUBLICTREASURERS 42.17.245 Public accounts ofgovernmental entities held by financial institutions---Statements and reports----Contents--Filing.

PUBLIC RECORDS 42.17.250 Duty to publish procedures. 42.17.260 Documents and indexes to be made public. 42.17.270 42.17.280 42.17.290 42.17.295

42.17.300 42.17.310 42.17.315

42.17.397 42.17.360 42.17.370 42.17.375

42.17.400 42.17.405 Facilities forcopying--Availabilityof public records. Times for inspection and copying. Protectionof public records--Public access. Destruction of information relating to employee

misconduct. Chargesfor copying. Certainpersonal and otherrecords exempt. Certain records obtainedby colleges, universities, libraries, or archives exempt. 42.17.320 'Promptresponses required. 42.17.330 Courtprotection of public records. 42.17.340 Judicialreview of agency actions.

ADMINISTRATION AND ENFORCEMENT 42.17.350 Public disclosure commission--Established-- Membership----Compensation, travel expenses. Commission--Duties. Commission--Additionalpowers. Reports filed with county elections official--Rules

governing. Secretaryofstate, attorney general--Duties. Civil remedies and sanctions

. Violations--Determination by commission--Issuance and enforcement of order--Hearing--Referral--Judicial review--Petition for order of enforcement. Procedure upon petition for enforcement of order of

commission----Court'sorderofenforcement. Enforcement. Suspension ofreporting provisions ofchapter until January I, 1986, forcandidates, elected officials, political committees, and agencies in small jurisdictionsVoiding of suspension. 42.17.410 Limitationon actions. 42.17.420 Dateof mailing deemed dateofreceipt--Exception. 42.17.430 Certificationof reports. 42.17.440 Statementsand reportspublic records. 42.17.450 Duty to preserve statements and reports. 42.17.900 Effective date--1973 c I. 42.17.910 Severability--1973 c I. 42.17.911 Severability--1975 1st ex.s. c 294.

, 42.17.912 Severability--1975-'76 2nd ex.s. c 112. 42.17.920 Construction--1973 c I. 42.17.930 Chapter, section headings notpartof law. 42.17.940 Repealer--1973 c I. 42.17.945 Construction--1975-'76 2nd ex.s. c 112.
Materials specifically authorized to be printed and distributed by secretaryofstate: RCW 43.07.140. Voting boundary commission, members subject to public disclosure

act: RCW 29.70.060.



### RCW 42.17.010 Declaration of policy. It 

### is hereby declared by the sovereign people to be the public policy of the stateofWashington: (I) 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 ofgovernment the utmost of integrity, honesty, and fairness in their dealings. 42.17.380

. 42.17.390

42.17.395 Declaration of policy. Definitions.

CAMPAIGN FINANC NG Applicability. Obligation of politj committees to file statement of

organiza tion

... .>**Campai~easurer--Depositories.** Deposit of contributions--Investment of campaign

funds, qualifications--Unidentifiedcontributions. Filing and reporting bycontinuingpolitical committee. Fund-raising activities--Reporting by political committees in lieu ofreportingunderRCW 42.17.080--- Standards--Deposits--Statements. Authorizationofexpendituresand restrictionsthereon. Candidates' and treasurers' duty to report contributions

and expenditures. Contentsof report. Disposal of surplus funds. Special reports--Independent campaign expenditures-s-c-Contributionsto political committees. Special reports--Latecontributionsover fivehundred

dollars. Commercial advertisers--Documents and books of

account to be open for public inspection--Delivery of copies to commission uponrequest. Identificationofcontributionsand communications. Candidate's personal use of contributions-When

permitted. Forbids use of public office or agency facilities in

campaigns. 42.17.110 42.17.065 42.17.067

42.17.070 42.17.080

42.17.090 42.17.095 42.17.100 42.17.030 42.17.040

42.17.050 42.17.060

42.17.105 Sections 42.17.010 42.17.020

42.17.120 42.17.125

42.17.130

42.17.150 42.17.155

42.17.200 42.17.210 LOBBYISTREPORTING Registra tion of lobbyists. Photograph and information--Booklet--Publication--Lobbyists' booklet revolving fund. Exemption fromregistration. Reporting by lobbyists. Reports by employers ofregisteredlobbyists. Legislative activities ofstateagencies and other units of

government. Grass roots lobbyingcampaigns. Employment of legislators, attaches, or state employees---Statement,contents and filing. 42.17.220 Employment ofunregistered persons. 42.17.23p Duties of lobbyists.

REPORTINGOF ELECTEDOFFICIALS FINANCIALAFFAIRS 42.17.240 Elected and appointed officials reports of financial affairs. Local elected officials, time for filing statements. Concealing identity of source ofpaymentprohibited--

Exception. Public office fund--What constitutes, restrictions on

use--Reporting of--Disposalofremaining funds. 42.17.160 42.17.170 42.17.180 42.17.190

42.17.241 42.17.242

42.17.243



## , ,...../



### .........**.~** ..

## :·~~~w

(1983 Laws) 

### ICb. 42.17**RCW~** II 

# I

# ._"**~~~~--------** RCW 42.17.020 Definitions. (I) "Agency" includes

_____**jl~.!ate** agencies and all local agencies. "State agency" -..,



### .. (3) That the people shall be assured that the private financial dealings of their public officials, and ofcandidates for those offices, present no conflict ofinterest between the pu blic trust and private interest. (4) That our representative form of government is founded on a beliefthat those entrusted with the offices ofgovernment have nothing to fear from full public disclosureoftheir financial and business holdings, provided thoseofficials deal honestly and fairly with the people. (5) That public confidence in government at all levels isessential 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 ofthe impartiality and honesty ofthe 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 Actof 1971 bythe Congressofthe UnitedStates, and in
consequencethereof, it isdesirableto have implementing legislation at the statelevel. (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 thereofit isdesirableto have implementing legislation at the statelevel. (9) That small contributions by individual contributors are to be encouraged, and that not requiring the reporting of small contributions may tend to encourage suchcontributions. (10) That the public's right to know ofthe financing of political campaigns and lobbying and the financial affairs ofelected officials and candidates far outweighs
any right thatthese matters remain secretand private. 

### (11) That, mindful of the right ofindividuals to privacy and ofthe desirability ofthe efficient administrationofgovernment, full access to informationconcerning the conduct of government on every level must be assured as a fundamental and necessary precondition to the soundgovernanceof 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 as-

.sure continuing public confidence offairness ofelections

and governmental processes, and so as to assurethat the public interestwill be fully protected. In promoting such complete disclosure, however, this chapter shall be enforced so as to insure that the information disclosed will
not 

### bemisused for arbitrary andcapricious 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 lst ex.s, c 294 

### § I; 1973 c I 

### § I (Initiative Measure No. 276, approved November 7, 1972).]

SametActapplication: See note following RCW 42.17.350. 42.17.010



### Ia..4:U7 RCW-p 1) Disclosure

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) "Ballot proposition" means any "measure" as 

### de-: fined by RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the
voters of the stateor any municipal corporation, political subdivision or other voting constituency from and after the time when such proposition has been initially filed with the appropriate election officerofthat constituency prior to its circulation for signatures. (3) "Campaign depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050. (4) "Campaign treasurer" and "deputy campaign treasurer" mean the individuals appointed by a candi-

.date or political committee, pursuant to RCW.42.17-

.050, to perform the duties specified inthat section. (5) "Candidate" means any individual who seeks election to public office. An individual shall be deemed to seek election when he first: (a) Receives contributions or makes expenditures or

reserves space or facilities with intent to promote his candidacy for office; or (b) Announces publicly or files for office. (6) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general publicor segments of the general public whether throughtheuse ofnewspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise. (7) "Commission" means the agency established under RCW 42.17.350. (8) "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 42.17.240, as now or hereafter amended, the term "compensation" shall not includeper diemallowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while such official is engaged in the official business of such governmental entity. (9) "Continuing political committee" means a political committee which is an organization ofcontinuing existence not established in anticipation of any particularelection. (10) "Contribution" includes a loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or transfer of anything of value, including personal and professional services for less than full consideration, but does not include intereston moneys deposited in a political committee's account, ordinary home hospitality and the rendering of "part time" personal services of the sort commonly performed by

(1983 Laws) 

# -----

... '



# oy _.- Disclosure 42.17.020



### ...---" volunteer campaign workers or incidental expenses personally incurred by volunteer campaign workers not in excess oftwenty-five dollars personally paid for by such worker. "Part time" services, for the purposes of this chapter, means services in addition to regular full time employment, or, in the case of an unemployed person, services not in excess oftwenty hours per week, excluding weekends. For the purposes of this chapter, contributions other than money or its equivalents shall be deemed to have a money value equivalent to the fair market value of the contribution. Sums paid for tickets
to fund-raising events such as dinners and parties are contributions; however, the amount of any such contribution may be reduced for the purpose of complying with the reporting requirements of this chapter, by the actual cost ofconsumables furnished in connection with the purchase of such tickets, and only the excess over actual cost of such consumables shall be deemed a contribution. (II) "Elected official" means any person elected at a general or special election to any public office, and any"
person appointedto fill avacancy in any such office. (12) "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 I (Amendment 63) of the Constitutionof the stateofWashington shall not be considered an election for purposes of this chapter. (13) "Election campaign" means any campaign in supportof or inoppositionto a candidate for election to public office and any campaign in support of, or in opposition to, aballotproposition. (14) "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 ofassisting, benefiting, orhonoring anypublicofficialor 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 bereported 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, or payment of service charges against a political committee'scampaign account. (15) "Final report" means the report described as a final reportinRCW 42.17.080(2). (16) "Immediate family" includes the spouse, dependentchildren, and other dependent relatives, if living in the household. (17) "Legislation" means bills, resolutions, motioris, amendments, nominations, and othermatters pendingor

(1983 Laws) proposed in either house ofthe state legislature, and includes any other matterwhich may bethesubjectof action by either house, or any committee ofthe legislature and all bills and resolutions which having passed both houses, are pending approval by the governor. (18) "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 legislativeenactmentof any stateagency underthestate administrative procedure acts, chapter 34.04 RCW and chapter 288.19 RCW. (19) "Lobbyist" includes any person who shall lobby either in his own or another's behalf. (20) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he iscompensated for acting as a lobbyist. (21) "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 ofpersons, however organized. (22) "Person in interest" means the person who is the subject of a record or any representative designated by said person, except that if such person be under a legal disability, the term "person in interest" shall mean and includetheparentor duly appointedlegal representative. (23) "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 purposeofappealing, directly or indirectly, for votes or for financial or other support in any election campaign. (24) "Political committee" means any person (except

a candidate or an individual dealing with his own funds

or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballotproposition. (25) "Public office" means any federal, state, county, city, town, school district, port district, special district,

or otherstate political subdivisionelectiveoffice. (26) "Public record" includes any writing containing" information relating to theconductofgovernmentor 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. (27) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions which remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and which are inexcess ofthe amountnecessaryto pay remainingdebts 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 which are in excess

[01.42.17RCW.,.

### 31 

# .J42.17.020 Disclosure



### ofthe amount necessaryto pay all remainingdebts when it makes its final report under RCW 42.17.065. (28) nWriting n means handwriting, typewriting, printing, photostating, photographing, and every other

means of recording any form ofcommunication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents. As used in this chapter, the singular shall take the plural and any gender, the other, as the contextrequires. [1979 ex.s. c 50 § I; 1977 ex.s. c 313 § I; 1975 1st ex.s. c 294 § 2; 1973 c I § 2 (Initiative Measure No. 276, approved November 7, 1972).]

Effectivedate--1977ex.s. c 313: 'This 1977amendatoryact shall take effect onJanuary I, 1978: (1977 ex.s. c 313 § 9.]

Sevenbility--1977 ex.s.' c 313: 'If any provision of this 1977 amendatory act, or its application to any person or circumstance isheld 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.)



### CAMPAIGNFINANCING

RCW 42.17.030 Applicability. The provisions of this chapter relating to the financing of election campaigns shall apply in all election campaigns other than (a) for precinctcommitteeman; (b) for a federal elective office; and (c) for an office theconstituency of which does not
encompass a whole county and which contains less than fivethousandregistered votersas ofthedateofthe most recentgeneral election in such district. [1977 ex.s. c 313 

### § 2; 1973 c 1 

### § 3 (Initiative MeasureNo. 276, approved November7, 1972).]

SuDsetAct application: See note following RCW 42.17.350. Effectivedate---Severabi!ity--1977 ex.s. c 313: See notes following RCW 42.17.020. Cemetery district commissioners exempt from chapter: RCW 68.16-

.060,68.16.140.

RCW 42.17.040 Obligation of political committees to file statement of organization. (I) 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 thecounty in which thecandidateresides (or in the case of a political committee supporting or opposing a ballot proposition, the county in which the campaign treasurer resides). (2) The statement of organization shall include but
not 

### belimited 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 relationshipor affiliation;

i--------- '-

----- (Cb. 41.17RCW-p4) (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 campaign treasurer and campaign 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 ticketof 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 proposi tion; (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 42.17.065 and 42.17.080, as now

or hereafteramended; and (j) Suchother 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. [1982 c 147 § I; 1977 ex.s. c 336 § I; 1975 lst ex.s. ex.s. c 294 § 3; 1973 c I § 4 (Initiative Measure, No. 276, approved November 7, 1972).]

SunsetActappIication: See notefollowing RCW 42.17.350. Sevenbility--1977 ex.s, c 336: 'If any provision of this 1977 amendatory act, or its application to any person or circumstance isheld 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.) This applies to the enactment of RCW 42.17.095, 42.17.125, 42.17.242, and 42.17.243 andtheamendment of RCW 42.17.040, 42- .17.090, and 42.17.370.

Effectivedate--1973 c I: See RCW 42.17.900.

RCW 42.17.050 Campaign 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 filewith 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 acampaign treasurer; and (b) A bank, mutual savings bank, savings and loan association, orcreditunion doing business in this stateto

serve as campaign depository and the name of the accountor accounts therein maintained. (2) A candidate, a political committee or a campaign
treasurer may appoint as many deputy campaign treasurers as is considered necessary and may designate not

more than one additional campaign depository in each other county in which the campaign is conducted. The candidateor political committeeshall file the names and

(1983 Laws)**.~** -,**\~:"** ._.;,...: "

# -

.



### . : Disclosure 42.17.065

addresses of the deputy campaign treasurers and additional campaign depositories with the commission and theappropriate county elections officer. (3) (a) A candidateor politicalcommittee may atany time remove a campaign treasurer or deputy campaign
treasureror change adesignated campaign depository. (b) In the event of the death, resignation, removal, or change of a campaign treasurer, deputy campaign treasurer, or depository, the candidateor political committee shall designate and file with the commission and the appropriate county elections officer the name and address ofany successor. (4) No campaign treasurer, deputy campaign treasurer, or campaign depository may be deemed to be in compliance with the provisions ofthis chapter until his

name and address is filed with the commission and the appropriate county elections officer. [1982 c 147 § 2; 1973 c I § 5 (Initiative Measure No. 276, approved November 7, 1972).]

,

SuosetActappUcation:See note followingRCW 42.17.350.

RCW 42.17.060 Deposit of contributions--Investment of campaign funds, qualifications-Unidentified contributions. (1) All monetary contributions received by a candidate or political committee shall be deposited by the campaign treasurer or deputy treasurer in a campaign depository in an account established 'and designated for that purpose. Such deposits shall be made within fivebusiness days ofreceipt ofthe contribution. (2) Political committees which support or oppose

more than one candidate or ballot proposition, or exist for more than onepurpose, may maintain multipleseparate bank accounts within the same designated depository for such purpose: 

### Provided, Thateach such account shall bear the same name followed by an appropriate designation which accurately identifies its separate purpose: 

### 'And providedfurther, That transfers of funds which must be reported under RCW 42.17.090(1)(d), as

now or hereafter amended. 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 campaign depository in bonds, certificates, or savings
accounts or othersimilarsavings instruments in financial institutions other than the campaign 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 campaign 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 madeby persons whose names must be maintained on a separate and private list by a political committee's campaign treasurer pursuant to RCW 42.17.090(l)(b), which total in excess ofone percent of

(1983 Laws) the total accumulated contributions received in the currentcalendaryearorthree hundreddollars (whicheveris 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. [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).]

SunsetActapplication: See note followingRCW42.17.350. Effectivedate--Severability-1977 ex.s, c 313: See notes following RCW 42.17.020.

RCW 42.17.065 Filing and reporting by continuing political committee. (I) In addition to the provisions of this section, a continuing political committee shall file and report on the sameconditions 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 as

now orhereafter amended. (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 ofthe 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 ifeither the total contributions received

## oi.
total expenditures madesincethe lastsuch reportexceed:
two hundred dollars. The report shall 

### beon a form sup; plied by the commission and shall include the following information: (a) The information required by RCW 42.17.090 as

now or hereafter amended; (b) Each expenditure made to retire previously accumulated debts ofthe committee; identified by recipient, amount, and date ofpayments; (c) Such otherinformation as thecommission "hallby rule prescribe. ' (3) If a continuing political committee shall make a contribution in supportofor 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, as now or hereafter amended, until twenty-one days after said election. (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 currentbasis within five businessdays 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

(CIa.41.17RCW-p5]42.17.065 .,.,.- Disclosure 

## .-.....

expenditures, the books ofaccount shall be kept current within one business day and shall be open for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00

a.m. and 8:00 p.rn., as specified in the committee's
statementoforganization filed pursuant to RCW 42.17- .040 as now or hereafter amended, at the principal campaign headquarters or, if there is no campaign headquarters, at the address of the campaign treasurer

or such other place as may be authorized by the commission. (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. [1982 c 147 § 4; 1975 1st ex.s. c 294 

### § 5.]

SunsetActapplication: See note following RCW 42.17.350.

RCW 42.17.067 Fund-raising activities-Reporting 

### by political committees in lieu of reporting under RCW 42.17.086--Standards-Deposits--8tatements. (l) Fund-raising activities which meetthe standards ofsubsection (2) of this section may be reported in accordance with the provisions of this section in lieu of reporting in accordancewith RCW 42.17.080(3) as now

or hereafteramended. \. (2) A fund-raising activity which is to be reported in accordance with the provisions of this section shall conform with the following standards: (a) The income resulting from the conduct of the activity is derived solely from either (i) the retail sale of goods or services at prices which in no case exceed a reasonable approximation of the fair market value of each item or service sold at the activity, or (ii) a gamblingoperation which i:; licensed, conducted, or operated in accordance with the provisions ofchapter 9.46 RCW and at which in no case is' the monetary value of any prizeexceeded by the monetary value of any single wager which may be made by a person participating in suchactivity; (b) No person responsible for receiving money at such activity may knowingly accept payment from a single personwhich would resultin aprofitto thecommitteeof twenty-fivedollars or more unless the name and address of the person making such payment together with the approximate amountofprofit to thecommittee resulting from such payment are disclosed in the report filed pursuant to subsection (4) of this section; and (c) Such other standards as shall be established by rule and regulation of the commission to prevent frustration ofthe purposes of this chapter. (3) All funds obtained through the use of a fundraising activity which conforms with the provisions of I subsection (2) of this section shall be deposited within _five business days of receipt by the campaign treasurer

or deputy campaign treasurer in the same account into whichcontributionsreceived by thecommitteeare being deposited-pursuant-to-RCW-42

..1J..060.

_ 

### leb.4:z.t7RCW-p6] (4) At the time such funds are deposited in accordance with subsection (3) of this section, the campaign
treasurer or deputy campaign treasurer making the deposit shall file with the commission a reportof the fundraising activity which shall contain the following information: (a) Thedate on which the activity occurred; (b) The location at which the activity occurred; (c) A precise description of the fund-raising methods used inthe activity; (d) A financial statement noting gross receipts and expenses for the activity. including an inventory list where appropriate; (e) The monetary value of wagers made and prizes distributed for winning wagers, where appropriate; (f) The name and address of each person who contributed goods or services to the committee for sale at the activity if the fair market value of the goods or services contributed equals twenty-five dollars or more in the aggregate from such person, together with a precise description of each item or service contributed and its estimated marketvalue; (g) The name and address ofeach person whose identity can be ascertained and who makes payments to the committee at such activity which result in a profit of twenty-five dollars or more to the committee, together with the approximate amount ofprofit to the committee which results from such payments; and (h) A complete listing of the names.and addresses of the persons responsible forconductingthe activity. (5) The statement required by subsection (4) of this section shall be in duplicate upon a form prescribed by the commission, one copy to be filed by the campaign
treasurer with the commission, and one copy to be retained by him for his records. Each statement shall 

### be certified as correct by the campaign treasureror deputy
treasurer making the deposit. [1982 c 147 

### § 5; 1975-'76 2nd ex.s. c 112 

### §9.]

Sunset Act application: See note following RCW 42.17.350.

RCW 42.17.070 Authorization of expenditures and restrictions thereon. No expenditures shall 

### be made or incurred by any candidate or political committee except on the authority of the campaign treasurer or the candidate, and a record of all such expenditures shall be maintained by the campaign treasurer. [1973 c 1 § 7 (Initiative Measure ]\;0. 176, approved November 7, 1972).]

Sunset Act application: See note following RCW 42.17.350.

RCW 42.17.080 Candidates' and treasurers' duty to reportcontributions andexpenditures. (1) On the day the campaign treasurer is designated, each candidate or 

### political committee shall file with the commission and the countyauditoror elections officerof the countyin which the candidate resides (or in the case of a political committee supporting or opposing a ballot proposition, the county in which the campaign treasurer resides), in addition to any statement of organization required under RCW 42.17.040 or 42.17.050 as now or hereafter

(1983 Laws).'

Disclosure 42.17.090

_



## -.---- amended, a report of all contributions received and expenditures made prior to that date, if any. (2) At the following intervalseachcampaign treasurer shall file with the commission and the county auditor or elections officerof the county in which the candidate resides (or in the case of a political committee supporting

oropposing a ballot proposition, the county in which the campaign maintains its office or headquarters and if there is no office or headquarters then in the county in which the campaign treasurer resides) a report containing the information required by RCW 42.17.090 as now

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

. (b) Within twenty-one days after the date of the election; and (c) On the tenthdayofeach month inwhich 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 concludedin all respects, and in the caseofa political committee, the committee has ceased to function and has dissolved, the campaigntreasurershall file a final report. Upon submitting a final report, the duties of the campaign treasurer shall cease and there shall be no obligation to make anyfurther reports. , (3) For the period beginning the first day of the fourth month precedingthe date on which the special or general election is held and ending on the date of that election, the campaign treasurer shall file with the commission and the appropriate county elections officer a report ofeach contribution received during that period at the time that contribution is deposited pursuant to RCW 42.17.060(1), as now or hereafter amended. The report shall contain the name of each person contributing the funds so deposited and the amount contributed byeach person: Provided, Thatcontributions of less that [than] twenty-five dollars from anyone person may be deposited without identifying the contributor. A copy of the report shall be retained by the campaign treasurer for his records. In the event ofdeposits made by a deputy campaign treasurer, the copy shall be forwarded to the campaign treasurerto be retained by him for his records. Each report shall be certified as correct by the campaign treasurer or deputy campaign treasurer making the deposit. (4) The campaign treasurer or candidate shall maintain books ofaccount accurately reflecting all contributions and expenditures on a current basis within five business days ofreceiptor expenditure. During the eight days immediately preceding the date ofthe election the books ofaccount shall 

### bekept current within one business day and shall be open for public inspection for at

(1983 Laws) least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m.,

as specified inthe committee's statementoforganization filed pursuant to RCW 42.17.040 as now or hereafter amended, at the principal campaign headquarters or, if there is no campaign headquarters, atthe address ofthe campaign treasurer or such other place as may be authorized by the commission. The campaign treasurer or candidate shall preserve books ofaccount, bills, receipts, and all other financial records ofthe campaignor political committee for not less than five calendar years following theyear during which the transaction occurred. (5) All reports filed pursuant to subsections 

### (1) or (2) of this section shall be certified as correct by the candidate and the campaign treasurer. (6) 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 specifiedin thecommittee's statementoforganization filed pursuant to RCW 42.17.040 as now or hereafter amended, at the principal campaign headquarters or, if there is no campaign headquarters, at the address ofthe campaign treasurer or such other place as may be authorized by the commission. [1982 c 147 

### § 6; 1975 1st ex.s. c 294 § 6; 1973 c I § 8 (Initiative Measure No. 276, approved November 7, 1972).]

Sunset Act application: See note following RCW 42.17.350.

RCW 42.17.090 Contents ofreport. (1) Each report; required under RCW 42.17.080 

### (1) and (2), as now or hereafter amended, shall disclose for the period beginning attheend oftheperiodfor thelastreportor, in the"

case of an initial report, at the time of the first contribution or expenditure, and ending not more than five days priorto the date the reportis due: (a) The funds on hand atthebeginning oftheperiod; (b) The name and address of each person who has made one or more contributions during the period, to-

-gether 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 ofa continuing political committee, the current calendar year: Provided, That the income which results from the conducting of a fund-raising activity which has previously been reported in accordance with RCW 42.17.067 may be reported as one lumpsum, with the exception ofthat portion ofsuch 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 less than twenty-five dollars in the aggregate from anyone 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 names, addresses, and amounts ofeach such contributor; (c) Each loan, promissorynote, or security instrument to be used by or for the benefit ofthe candidate or

### political committee made by any person,

_ together with the

names and addresses ofthelenderandeachperson liable directly, indirectly or contingently and the date and

(Cb.41.l7 RCW-p7] 

# 7

### 42.17.090 Disclosure**commi~si.on** 

### may byregulationprescribe, in keeping with '

... the policies and purposes of thischapter. Anonreporting committee incurring an obligation to file additional repo.rts in. a calendar year may satisfy the obligation by fihng with the commission a letter providing updatingor amending information. '-. ) (2) The campaign treasurer and the candidate shall certify the correctness of each report. [1983 c 96 § I; 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).]

Sunset Act application: See notefollowing RCW 42.17.350. Severability-1977 ex.s, c 336: See note following RCW 42.17.040.

. Appearance of fairness doctrine-Application to**ca~didates** for

public office-Campaign contributions: RCW 42.36.040. 42.36.050.**~mount** 

### ofeach such loan, promissory note, or security 

### instrument: (d)**Th~** 

### name and**ad~ress** 

### ofeach political committee from which the reporting committee or candidate received, or to which that committee or candidate made, any transfer of funds, together with the amounts, dates, and purpo.se of all such transfers. Information regarding thefollowing shall becontained in aseparatecategoryof the report bearing the title "Transfer offunds": Contri**b~tions** 

### made from the campaign depository of one candidate to the campaign of another candidate' and contributions received by a candidate, or for the'campaignof the candidate, from the campaign depository of anothercandidate; (e) All other contributions not otherwise listed or exempted; 

### (0**~he** 

### name and address ofeach person to whom an expenditure was made in the aggregate amount of fifty dollars or more, and the amount, date, and purpose of eachsuch expenditure; (g) The total sum ofexpenditures; (h) The surplus or deficit of contributions over expenditures; (i) The disposition made in accordance with RCW 42.17.095 of any surplus funds; U)**~u~h** 

### other**infor~ation** 

### as shall 

### berequired by the c?mmlSSlOn by regulation in conformance with the policres and purposes of this chapter; and (k) Funds received from a political committee not domiciled in**Washin~ton** 

### state and not otherwise required
to report under this chapter (a "nonreporting committee"). Such funds shall be forfeited to the state of Washington unless the nonreporting committee or the recipient of such !unds has filed or within ten days following such receipt shall file with the commission a statement.disclosing: (i) its name and address; (ii) the purposes of the nonreporting committee; (iii) the names, addresses, and titlesof its officersor if it has noofficers,**t~e** 

### names, addresses, and titles of itsresponsibleleaders; (IV)

### a**.sta~ement** 

### whether the nonreporting committee is

a**co~tJ~ulng** 

### one; (v) the name, office sought, and party affiliation of each candidate in the state of Washington whom the n.onreJ>:Orting committee is supporting, and, if such committee IS supporting the entire ticket of any party, the name of the party; (vi) the ballot proposition supportedor opposed in the state ofWashington, ifany, and whether such committee is in favor of or opposed to such proposition; (vii) the name and address of each**~rson r~siding**  

### 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 aggregateoftwenty-five dollars or more to the nonreporting**~ommittee** 

### during the current calendar year, together with the money value and date of such contributions; (viii) the name and address of each person in the state of Washington to whom an expenditure was made by the nonreporting committee on behalf of a candidate or political committee in the aggregate amount of twenty-five dollars or more, the amount, date, and purposeof such expenditure, and the total sum of such expenditures; (ix) such other information as the RCW 42.17.095 Disposal of surplus funds. The surplus funds.of a candidate, or of a political committee**supportin~** 

### or opposing a candidate, may only be disposed of In 

### anyoneor more of the following ways: (I) Return the surplus to a contributor in an amount not to exceed thatcontributor'soriginal contribution; (2) Transfer the surplus to the candidate's personal
accountas reimbursement for lostearnings incurred as a result of that candidate's election campaign. Such lost earnings shall beverifiableas unpaid salaryor, when the candidateis 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 bedocumented and a record thereofshall be maintained by the candidate or the candidate'spoliticalcommittee. Thecommitteeshall include a copy of such record when its expenditure for such reimbursementisreported pursuantto RCW42.17.090; (3) Transfer the surplus to one or more candidates or to apoliticalcommitteeorparty; (4) Donate the surplus to a charitable organization registered inaccordancewith 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 political activity, for community activity, or for nonreimbursed public office related expenses 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**~CW** 

### 42.17.040through42.17.090. Ifasubsequent**?ffi~e** 

### IS not**soug~t** 

### the surplus held shall be disposed of

In 

### accordance With the requirements of this section. [1982 c 147 § 8; 1977 ex.s. c 336 § 3.]

Sunset Act application: See notefollowing RCW 42.17.350. Severability-1977 ex.s, c 336: See note following RCW 42.17.040.**RC~** 

### 42.17.100 Special reports--Independent campaign expenditures--Contributions to political

(1983 Laws) 

### -"'--""**&~~-~1~~}**



# '0

# -.

Disclosure 42.17.105

.r_

...

### :::~':~~:j**"~"** 

### committees. (I) (a) For the purposes of this subsection (l) 

### the term "independent campaign expenditure"

means any expenditurewhich is made insupportof or in opposition to any candidate or ballot proposition and is
not otherwise required to be reported pursuant to RCW 42.17.060, 42.17.065, 42.17.080, or 42.17.090. (b) Within five days after the date of making an independentcampaign expenditurewhich byitselfor when added to all other such independent campaign expenditures made during the same election campaign by the

same person equals one hundred dollars or more, or within five days afterthe dateofmakingan independent campaign expenditure for which no reasonable estimate ofmonetary value ispracticable, whichever occurs first, the person who made such independent campaign expenditure shall file with the commission and the county auditorof the countyofresidencefor the candidate supported or opposed by the independent campaign 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 campaign expenditures made during such campaign prior to and including such date.

, (c) At the following intervals each person who is required to file an initial report pursuant to subsection (l)(b) of this section shall file with the commission and the county auditor of the county of residence for the candidate supported or opposed by the independent campaign expenditure (or- in the case of an expenditure made in support of or inopposition to a ballot proposition, the county ofresidence for the person making the expenditure) a further report of the independent campaign expenditures made since the date of the last report: (i) On the twenty-firstday precedingthe primaryand the seventh day preceding the dateon which theelection is held; and (ii) Within twenty-one days after the date of the election; and (iii) On the tenth day of each month in which no other reports are required to be filed pursuant to this subsection (I): 

### Provided, That such further reports required by this subsection (1)(c) shall only be filed if the reporting person has made an independent campaign expendituresince the dateof the last previous report filed. The report filed pursuant to paragraph (ii) of this subsection (I)(c) 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. (d) All reports filed pursuant to 

### this subsection (I) shall be

### certified ascorrectby the reporting person. (e) Each report required by subsections (I)(b) and (l)(c) of this subsection (I) 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 campaign expenditure, and ending not more than five days prior to the datethe report is due:

(l983 Laws) 

### (i) The name and address of the person filing the report; (ii) The nameand address of each person to whom an independent campaign expenditure was made in the aggregate amount oftwenty-five dollars or more, and the amount, date, and purpose of each such expenditure: 

### Provided, That if no reasonable estimate of the monetary value of a particular independent campaign expenditure is practicable, it shall be 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; (iii) The total sum of all independent campaign expenditures made during the campaign to date; and (iv) Such other information as shall be required by the commission by regulation in conformance with the policies and purposes of this chapter. (2) (a) Any person who contributes in the aggregate amount of one hundred dollars or more during the preceding twelve-month period to any political committee
not domiciled in the state of Washington or not otherwise required to report under this chapter, if the person reasonably expects such political committee to make contributions in respect to any election covered by this chapter, shall file with the commission a report signed by the contributordisclosing the contributor's name and' address, the date, nature, purpose, amount, and recipient of such contribution, and any instructions given as to the'

use ordisbursementof such contribution. :" (b) The initial report shall be filed with the commis-. sion within five days after the date on which the aggregatecontributionamountof one hundreddollarsor moif is reached, and each subsequent report shall be filed within five days after each subsequent contribution**i~** 

### made to the same such political committee. [1982 c 147 § 9; 1975-'76 2nd ex.s. c 112 § 4; 1973 c 1 § 10(Initiative Measure No. 276, approved November 7, 1972).)

Sunset Act application: See note following RCW42.17.350.



### RCW 42.17.105 Special reports--Late contributions over five .hundred dollars. (I) Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution which: (a) Exceeds fivehundred dollars; (b) ls 

### from a single person orentity; (c) Is received before an election; and (d) Is received after the period covered by the lastreport required by RCW 42.17.080 and 42.17.090 to be filed beforethatelection. (2) Any political committee making a contribution which exceeds five hundred dollars shall also prepare and deliver to the commission the special report if the contribution is made before an election and afterthe period covered by the last report required by RCW 42.17- .080 and 42.17.090 to be filed beforethatelection. (3) Except as provided in subsection (4), the special report required by this section shall bedelivered inwritten form, including but not limited to mailgram, telegram, or nightletter. The special report required by subsection (I) shall be delivered to the commission

(0.41.17RCW-jl9)42.17.105 Disclosure

within twenty-four hours of the time, or on the first working day after, the contribution is received by the candidate or campaign treasurer. The special report required by subsection (2) shall be delivered to the commission within twenty-four hours of the time, or on the first working day after, the contribution ismade. (4) The special report may be transmitted orally by telephone to the commission to satisfy the delivery period required bysubsection (3) if the written form of the report is also mailed to the commission and postmarked within the delivery period established in subsection (3). (5) The special report shall include at least: (a) The amountof the contribution; (b) The dateofreceipt; (c) The name and address of the donor; (d) The name and address ofthe recipient; and (e) Any other information the commission may by rulerequire. (6) Contributions reported under this section shall also be reported as required by other provisions of this chapter. [1983 c 176 

### § 1.]

RCW 42.17.110 Commercial advertisers--Documents and books ofaccountto be open for public inspection--Delivery ofcopies to commission upon request. (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 ofaccount which shall specify: . (a) The names and addresses ofpersons 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 forsuch 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 (l) of this section. [1975-'76 2nd ex.s. c 112 § 5; 1973 c 1 § 11 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See note following RCW 42.17.350.

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, orotherperson in such a manneras 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 I § 12 (Initiative Measure No. 276, approved November7, 1972).]

SunsetAct application: Seenotefollowing RCW 42.17.350.

RCW 42.17.125 Candidate's 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 a candidate's personal accountor expended for a candidate's personal use

.underthe following circumstances: (1) Reimbursement for or loans to cover lostearnings incurred as a result ofcampaigning. 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 candidatefor services renderedduringan appropriate, corresponding time period. All lostearnings incurred shall be documented and a record thereofshall be maintained by the candidateor the candidate's political committee. The committee shall include a copy of such record when its expenditure for such reimbursement isreported pursuant to RCW 42.17.090. (2) Reimbursement for direct out-of-pocket election campaign and postelection campaign related expenses made by the candidate. To receive reimbursement from his political committee. the candidate shall provide the committeewith written documentation as to the amount, date, and description of each expense and the committee shall include a copy of such information when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090. (3) Repaymentof loans made by the candidateto political committees, which repayment shall be reported pursuant to RCW 42.17.090. [1977 ex.s. c 336 § 6.]

Sunset Act application: See notefollowing RCW 42.17.350. Severability--1977 ex.s. c 336: See note following RCW 42.17.040.

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 oropposition to any ballot proposition. Facilities ofpublicoffice 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 ofthis section shall not applyto 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 supportor 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 equalopportunity for the expressionof an opposing view; (2) A statementby an electedofficial insupportof or in opposition to any ballot proposition at an open press conference or inresponse to a specific inquiry; (3) Activities which are part of the normal and regular conduct ofthe office or agency. [1979 ex.s. c 265 

### § ...

### -....

---------------- -1!'(1983**Law~** _Disclosure 42.17.160 

# <'"

2; 1975-'76 2nd ex.s. c 112

### § 6;1973 c 1 

### § 13 (Initiative Measure No. 276, approved November 7, 1972).]



### .**~:** ..........



### LOBBYISTREPORTING

RCW 42.17.150 Registration of lobbyists. (1) Before doing any lobbying, or within thirty days after being**e~ployed** 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 residentialand business addresses inThurston countyduring the legislative session; (b) The name, address and occupation or business of the lobbyist's employer; (c) Theduration of hisemployment; (d) His compensationfor lobbying; how much he is to be paid for expenses, and what expenses are to be reimbursed; and a full and particular description of any agreement, arrangement, or understanding according to which hiscompensation, or any portionthereof, is or will be contingent upon the success of any attempt to influence legislation; (e) Whether the person from whom be receives said compensation employs him solely as a lobbyist or whetherhe is aregularemployeeperforming services for his employer 

### whichinclude but are not limited to the influencingof legislation; 

### (0 The general subject or subjects of his legislative interest; (g) A written authorization from each of the lobbyist's employersconfirming suchemployment; (h) Thename and addressofthepersonwho will have custody of the accounts, bills, receipts, books, papers, and documents required to be kept underthis 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 rentesentative entity undertakes lobbying activities for,'businesses,
groups, associations, ororganizations, 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 otherconsideration exceeding five hundred dollars to such entity during thecurrentyear.(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 leg.islation or type oflegislation 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 occupationof each person so paying or contributing, and the amount ofthe

(1983 Laws) 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. [1982 c 147 

### § 10; 1973 c I 

### § 15 (Initiative MeasureNo. 276, approved November 7, 1972).]

Sunset Actapplication: See note following RCW 42.17.350.

RCW 42.17.155 Photograph and informationBookJet--Publication-Lobbyists' booklet reYolYing fund. (1) Each lobbyist shall at the time he registers submitto thecommission arecentphotographofhimself of a size and format as determined by rule of the commission, together with the name of the lobbyist's employer, thelength of his employmentas a lobbyistbefore the legislature, a briefbiographical description, and any other information he may wish to submit not to exceed fifty words in length; such photograph and information to be published at least annually in a booklet form by the commission for distribution to legislators and the public.

. (2) There is established a fund to be known as the "lobbyists' bookletrevolving fund" which shall consistof all receipts from sales of the booklets described in subsection (1) of this,section. This fund shall be used for
expenses ofproduction and saleofsuchbooklets and for

no other purpose. [1982 c 147 

### § 11; 1975 lstex.s. c 294 

### § 21.]

.

Sunset Actapplication: See note following RCW 42.17.350.

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, and42.17.200: (1) Persons who limit their lobbying activities to appearing before**~ublic ~essions**  of committees ofthe legislature, or publtc hearings ofstate agencies; (2) 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; (3) Persons who lobby without compensation or other consideration for acting as a lobbyist: 

### Provided, Such
person makes no e.xpenditure 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**subs~tion** is intended to permit and encourage citizens of this state to lobby any legislator, publicofficial,

or state agency without incurring any registration or reportingobligation provided theydo not exceedthe limits

(Cb.42.17RCW-pII) 

## II42.17.160 Disclosure**-~**

stated above. Any person exempt under this subsection (3) may at his option register and report under this chapter; (4) Persons who restrict theirlobbying activities to no

more than four days or parts thereofduring any threemonth period and whose total expenditures during such three-month period for or on behalfofanyone 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 twentyfive [dollars]: 

### Provided, That the commission shall promulgate regulations to require disclosure by persons exempt underthis subsection or theiremployers 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 (4) may at his option register and reportunder this chapter; (5) Thegovernor; (6) The lieutenantgovernor; (7) Except as provided by RCW 42.17.190(1), members of the legislature; (8) Except as provided by RCW 42.17.190(1), persons employed by the legislature for the purpose of aiding in the preparation or enactment oflegislation or the performanceoflegislativeduties; (9) Elected officials, and officers and employees of
any agency reporting under RCW 42.17.190(4) as now

or hereafter amended. [1982 c 147 

### § 12; 1977 ex.s. c 313 

### § 4; 1975 lstex.s. c 294 

### § 9; 1973 c 1 

### § 16 (Initiative MeasureNo. 276, approved November7, 1972).]

SuDsetActappUcation: See notefollowing RCW 42.17.350. Effectivedate--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 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 ofthe calendarmonth covered bythe report. (2) Each such monthly periodic reportshall contain: (a) The totals of all expenditures made or incurred by such lobbyistor onbehalfofsuch lobbyist by the lobbyist's employer during the period covered by the report, which totals 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 entertainmentincluding any portion thereof attributable to the lobbyist's participation therein but without allocating any portion of such expenditureto individual participants. Notwithstanding the foregoing, lobbyists are not required to report the following:

---(Cb;42;17-RCW-p

### 121 (i) Unreimbursed personal living and travel expenses

- not incurreddirectly 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 fortelephone, and any officeexpenses, including rent and salaries and wages paid for staffand secretarial assistance. (b) In the case of a lobbyist employed by more than

one employer, the proportionateamountof such expenditures in each category incurredon behalfof each of his employers. (c) An itemizedlistingof each such expenditurein 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 onbehalfof 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, electedofficial, or officer oremployee 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) Thesubjectmatterof proposed legislationorother legislative activity or rule-making under chapter 34.04 RCW and chapter 28B.19 RCW (the state administrative procedureacts) and the stateagency consideringthe
same, which the lobbyisthas been engagedinsupporting

or opposing during the reporting period. [1982 c 147 

### § 13; 1977 ex.s. c 313 § 5; 1975 lst ex.s. c 294 § 10; 1973 c 1 

### § 17 (Initiative Measure No. 276, approved November7,1972).]

SlIIISetActapplication: See notefollowing RCW 42.17.350. Effectivedate--Severability-1977 ex.s. c 313: See notes following RCW 42.17.020.

RCW 42.17.180 Reports by employers of registered lobbyists. Every employer of a lobbyist registered under this chapterduring the precedingcalendaryear shall file with the commission on or before March 31st of each year a statement disclosing for the preceding calendar year the following information: (I) The name of each state elected official and the

name of each candidate for state office who was elected to such office and any member of the immediate family of such persons to whom such employer 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, jointventure, association, union, or otherentity in which such personholds anyoffice, directorship, or any general

(1983 Laws) <; ••• /

,,-

### ..'



# o**---~-** -------

## J~

### Disclosure 

# .-.

42.17.190**,~**

. :

'

### ..';.**:;.~**.... 

### partnership interest, or an ownership interestoften percent or more, the value of such compensation in accordance with the reporting provisions set out in RCW 42.17.240(2), as now or hereafter amended, and the consideration given or performed in exchange for such compensation. (2) The name of each state elected official, successful candidate for state office or members of his immediate family to whom the lobbyist employer made expenditures, directly or indirectly, either through a lobbyist or otherwise, the amount of such expenditures and the purpose for such expenditures: 

### Provided, That 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 such expenditure is not made for the purpose ofinfluencing, honoring, or benefiting such elected official, successful candidate or member of his immediate family, as an elected official or candidate. (3) The total expenditures made by the employer for lobbying purposes, whether through or on behalf of a registered lobbyist orotherwise

.. (4) All contributions made to a candidate for state office, to a political committee supporting or opposing a candidate for state office, or to a political committee supporting or opposing a state-wide ballot proposition. Such contributions shall be identified by the name and the address of the recipient and the aggregate amount contributed to each such recipient. (5) The name and address ofeach registered lobbyist employed by such employer. (6) Such otherinformationas the commissionshallby rule prescribe. [1975 1st ex.s. c 294 

### § II; 

### 1973 c I 

### § 18 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetActapplication: See note following RCW 42.17.350.



### RCW 42.17.190 Legislative activities of state agencies and otber units of government. (1) Every legislator and everycommitteeof the legislature shall file with the commission quarterly reports listing the names, addresses, and salaries of all persons employed by the person or committee making the filing for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties of such legislatoror committee during the preceding quarter. The reports shall bemade in the form and the manner prescribed by the commission and shall be filed between the first and tenth days of each calendar quarter: 

### Provided, That the information required by this subsection may be supplied, insofar as it isavailable, by the chiefclerk of the house ofrepresentatives or by the secretary of the senate on a form prepared by the commission. (2) Unless authorized bysubsection (3) of this section

or otherwise expressly authorized by law, no public funds may be used directly or indirectly for lobbying: 

### Provided, This does notprevent officers or employees of an agency from communicating with a member of the legislature on the request of that member; or communicating to the legislature, through the proper official

(1983 Laws) 

### channels, requests forlegislativeactionor appropriations which are deemed necessary for the efficient conduct of the public business or actually made in the proper performance of their official duties: 

### Provided further, That this subsectiondoes not apply to the legislativebranch. (3) Any agency, not otherwiseexpressly authorized by law, may expend public funds for lobbying, but such lobbying activity shall be limited to (a) providing information or communicating on matters pertaining to official agency business to any elected official or officer or employee of any agency or (b) advocating the official position or interests ofthe agency to any electedofficial

or officer or employee of any agency: 

### Provided, That public funds may not beexpended as a director indirect gift or campaign contribution to any elected official or officer or employee of any agency. For the purposes of this subsection, the term "gift" means avoluntarytransfer of any thing of value without consideration ofequal

or greatervalue, butdoes not include informational material transferred for the sole purpose of informing the recipient about matters pertaining to official agency business: 

### Provided further, That this section does not permitthe printingof astatepublicationwhich hasbeen otherwise prohibited by law. 

### (4) Each state agency, county, city, town, municipal corporation, quasi-municipal corporation, or special
purposedistrict which expends public funds forlobbying shall file with the commission, except as exempted by subsection 

### (4)(d) of this section, quarterly 

### statements providingthe following information for the quarter

### just completed:**~::;-** 

### (a) Thenameof the agency filing the statement; '.' (b) The name, title, and job description and salary of: eachelectedofficial, officer, or employee who

### lobbied,a general description of the nature of the lobbying, and the proportionateamountoftime spenton the lobbying; (c) A listing of expenditures incurred by the agency for lobbying including but not limited to travel, consultant or other special contractual services, and brochures and otherpublications, the principal purposeofwhich is
to influencelegislation; (d) For purposes of subsection (4) of this section the
term "lobbying" does not include: (i) Requests for appropriations by a state agency to the office of financial management pursuant to chapter 43.88 RCW nor requests by the office offinancial management to the legislature for appropriations other than its own agency budgetrequests; (ii) Recommendations or reports to the legislature in response to a legislative request.expressly requesting or directing a specific study, recommendation, or report by

an agencyon a particularsubject; (iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a stateagency as required by law; (iv) Requests, recommendations, orothercommunication between or within state agencies or between or within local agencies; (v) Any otherlobbying to theextentthat itincludes: (A) Telephoneconversations or preparationofwritten correspondence;



### ICb.42.17RCW-t»

### 131 

### I

# :J

### 42.17.190 Disclosure

..-**-~**

- - -

- - --- ----------

-------- 

### (B) In-person lobbying on behalfof an agency of no

more than four days or parts thereofduring any threemonth period by officers or employees of that agency and in-person lobbying by any elected official of such
agency on behalfof such agency or in connection with the powers, duties, or compensation of such official: 

### Provided, That the total expenditures of nonpublic funds made inconnection with such lobbying for or on behalf of anyone or more members of the legislature or state elected officials or public officers or employees of the
stateofWashington do not exceed fifteen dollars for any three-month period: 

### Provided further, That the exemption underthis subsection is inaddition to the exemption provided in (A) of this subsection; (C) Preparation or adoption of policy positions. The statements shall be in the form and the manner prescribed by the commission and shall be filed within

one month after the end of the quarter covered by the report. (5) In lieu of reporting under subsection (4) of this section any county, city, town, municipal corporation, quasi municipal corporation, or special purpose district may determine and so notify the public disclosure commission, thatelectedofficials, officers, or employees who

on behalfof any such local agency engage in lobbying reportable under subsection (4) of this section shall register and report such reportable lobbying in the same

manneras a lobbyist who isrequired to register and report under RCW 42.17.150 and 42.17.170. Each such local agencyshall reportas alobbyistemployerpursuant to RCW42.17.180. (6) The provisions of this section do not relieve any electedofficial orofficeror employeeof an agency from complying with other provisions of this chapter, if such elected official, officer, or employee is not otherwise exempted. (7) Thepurposeof this section is to requireeach state agency and certain local agencies to report the identities ofthose persons who lobby on behalfof the agency for compensation, together with certain separately identifiable and measurable expenditures of an agency's funds for that purpose. This section shall be reasonably construedtoaccomplishthat purposeand not to require any agency to report any of its general overhead cost or any othercosts which relate only indirectly or incidentally to lobbying or which are equally attributable to or inseparablefrom nonlobbying activities ofthe agency. The public disclosure commission may adopt regulations clarifying and implementing this legislative interpretation and policy. [1979 ex.s. c 265 

### § 1; 1977 ex.s. c313 § 6; 1975 1st ex.s. c 294 § 12; 1973 c I § 19 (Initiative Measure No. 276, approved November 7, 1972).]

SUDSetAct appUcation: See note followingRCW 42.17.350. Effectiyedate--Seyerability-1977 ex.s, c 313: See notes following RCW 42.17.020.



### RCW 42.17.200 Grass roots lobbying campaigns. (1) Any person who has made expenditures, notreported underother sections of this chapter, exceeding five hundred dollars in the aggregate within any three month period or exceedingtwohundreddollarsin the aggregate within anyone month period in presenting a ·program addressed to the public, a substantial portion of which is intended, designed, or calculated primarily to influence legislation shall be required to register and report, as provided in subsection (2), as a sponsor of a grass roots lobbyingcampaign. (2) Within thirty days after becoming a sponsor of a grass roots lobbying campaign, the sponsor shall register by filing with the commission a registration statement, in such detail as the commission shall prescribe, showing: (a) The sponsor's name, address, and business or occupation, and, if the sponsor is not an individual, the
names, addresses and titles of the controlling persons responsible for managing the sponsor's affairs. (b) The names, addresses, and business or occupation of all personsorganizingand managing the campaign, or hired to assist the campaign, including any public relations or advertising firms participating in the campaign, and the terms ofcompensation for all such persons. (c) The names and addresses of all persons contributing to the campaign, and the amount contributed by eachcontributor. (d) The purpose of the campaign, including the specific legislation, rules, rates, standards or proposals which arethe subject matterof the campaign. (e) The totals of all expenditures made or incurred to date on behalf of the campaign, which totals shall be 

### segregatedaccording to 

### financial category, including but
not limited to the following: advertising, segregated by media, and in the case oflargeexpenditures (as provided by rule ofthe commission), byoutlet; contributions; entertainment, including food and refreshments; office expenses includingrent and the salaries and wages paid for staff and secretarial assistance, or the proportionate
amount thereofpaid or incurred for lobbying campaign activities; consultants; and printing and mailing
expenses. (3) Every sponsor who has registered under this section shall file monthly reports with the commission. which shall be filed by the tenth day of the month for the activity during the preceding month. The reports shall update the information contained in the sponsor's registration statement and in prior reports and shall show contributions received and totals of expenditures madeduring the month, in the same manneras provided for in the registration statement. (4) When the campaign has been terminated, the sponsor shall file a notice of termination with the final monthly report, which notice shall state the totals of all contributions and expenditures made on behalf of the campaign, in the same manner as provided for in the registration statement. [1973 c I § 20 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See note following RCW 42.17.350.



### RCW 42.17.210 Employment of legislators, attaches, or state employees--8tatement, contents and filing. If any person registered orrequired to be registered 

### rr:»;

. )
-t,..•

## iDisclosure 

### 42.17.240


# !-...,

..**'~** as a lobbyist under this chapter employs, or if any employer of any person registered or required to 

### beregistered as a lobbyist under this chapter, employs any member ofthe legislature, or any :nember ofany state board or commission. or any employee ofthe legislature. or any full time state employee, if such new employee shall remain in the partial employ of the state or any agency thereof. then the new employer shall file a statement under oath with the commission setting out the
nature of the employment. the name ofthe person to be paid thereunder, and the amountofpayor consideration to be paid thereunder. The statement shall be filed within fifteen davs after the commencement ofsuch employrnent. [1973'c I 

### § 21 (Initiative Measure No. 276, approved November 7, (972).]

Sunset Act application: See note following RCW 42.17.350.

RCW 42.17.220 Employment of unregistered persons. It shall be aviolation ofthischapterfor any person to employ for payor any consideration, or payor agree to pay anyconsideration to, a person to lobby who is not registered under this chapter except upon condition that such person register as a lobbyist as provided by this chapter, and such person does in fact so register as soon

as practicable. [1973 c 1 

### § 22 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetActapplication: See note .followingRCW 42.17.350.

RCW 42.17.230 Duties of lobbyists. A person required to register as a lobbyist under this chapter shall also have the following obligations, the violation of which shall constitute cause for revocation ofhis registration, and may subject such person, and such person's employer, if such employer aids, abets, ratifies, or confirms any such act, to other civil liabilities, as provided by this chapter: (I) Such persons shall obtain and preserve all accounts,bills, receipts, books, papers, and documents
necessary to substantiate the financial reports required to be made under this chapter for a period of at least five years from the date of the filing of the statement containing such items, which accounts, bills, receipts, books, papers, and documents shall be made available for inspection by the commission at any time: 

### Provided, That if a lobbyist is required under the terms ofhis employmern contract to turn any records over to his employer, responsibility for the preservation ofsuch records under this subsection shall rest with such employer. (2) In addition, a person required to register as a lobbyistshall not: (a) Engage in any activity as a lobbyist before registering as SUL.h; (b) Knowingly deceive or attempt to deceive any legislator as to any fact pertaining to any pending or proposed legislation: (c) Cause or influence the introduction ofany bill or amendment thereto for the purpose ofthereafter being employed to secure its defeat; (d) Knowingly represent an interest adverse to any of his employers without first obtaining such employer's

(1983 Laws) written consent thereto after full disclosure to such employerofsuch adverse interest; (e) Exercise any undue influence, extortion, or unlawful retaliation upon any legislator by reason ofsuch legislator's position with respect to. or his vote upon, any pending or proposed legislation. [1982 c 147 

### § 14; 1973 c I § 23 (Initiative Measure No. 276, approved November 7,1972).]

SunsetAct application: See note following RCW 42.17.350.



### REPORTING OF ELECTEDOFFICIALS FINANCIALAFFAIRS

RCW 42.17.240 Elected and appointed officials reports offinancial affairs. (I) Every elected official (except president, vice president, and precinct committeemen), every chief executive state officer as specified in RCW 43.17.020, as now or hereafter amended, the chiefadministrative law judge, the director of financial management, the director of personnel, the director of the planning and community affairs
agency, the director of the state system of community colleges, the executive director of the data processing authority, the executive secretary of the forest practice appeals board, the director ofthe gambling commission, the directorofthe higher education personnel board, tile secretary of transportation, the executive secretary of. the horse racing commission, the executive secretary

# 2(

. the human rights commission, the administrator ofthe': interagency committee for outdoor recreation, the direc/
tor of parks and recreation, the executive secretary of the board ofprison terms and paroles, the administrator of the public disclosure commission, the director ofretirement systems, the secretary ofthe utilities and transportation commission, the executive secretary of the board oftax appeals. the secretary ofthe state finance committee, the president of each of the regional and
state universities and the president of The Evergreen State College, each district and each campus president ofeach state community college, each professional staff member ofthe office of the governor, each professional staffmember ofthe legislature, and each memberofthe
state board for community college education, data processing authority, forest practices board, forest practices appeals board, gambling commission, game commission, higher education personnel board, transportation commission, horse racing commission, human rights commission, board of industrial insurance appeals, liquor control board, interagency committee for outdoor recreation, parks and recreation commission, personnel board, personnel appeals board, board ofprison terms and paroles, public disclosure commission, public employees' retirement system board, public pension commission, University ofWashington board ofregents, Washington State University board ofregents, board oftax appeals, teachers' retirement system board of trustees, Central Washington University board of trustees, Eastern Washington University board oftrustees, The Evergreen State College board of trustees, Western Washington

[Cb.42.17RCW-p 15] 

# /f-

### 42.17.240 Disclosure



## -- -
-

--- -

## _. -**.~--~** -----_._-**-~-------** --- ----

- -
- - -
- --- I

i

I I

I I I University board of trustees, board oftrustees of each community college, state housing finance commission, and theutilities and transportationcommission, shall after January Ist and before April 15th of each year for the preceding calendar year; and every candidate, and
every person appointed to fill a vacancy in an elective office (except for the offices ofpresident, vice president, and precinct committeeman) shall, within two weeks of becoming acandidateor being appointedto such elective office, and every person appointed to the appointive positions enumerated herein shall, within two weeks of being so appointed, for the preceding twelve months; file with the commission a written statement sworn as to its truth and accuracy stating for himselfand all members of his immediate family: Provided, That no individual shall be required to file more than once in any calendar year: Providedhowever, That a statementof a candidate

or appointee filed during the period January Ist to April 15th shall cover the period from January 1st ofthe preceding calendar year to the time of candidacy or appointment if the filing of such statement would relieve the individual of a prior obligation to file a statement coveringtheentireprecedingcalendar year: (a) Occupation, name of employer, and business address; and (b) Each bank or savings account or insurance policy in which any such person or persons owned a direct financial interest which exceeded five thousand dollars at any timeduring such period; each other item ofintangible personal property in which any such person or persons owned adirect financial interest, the valueof which exceeded five hundred dollars during such period; and the name, address, nature of entity, nature and highest value of each such direct financial interest during the reportingperiod; and (c) The name and address of each creditor to whom the value of five hundred dollars or more was owed; the original amount of each debt to each such creditor; the
amountofeachdebtowed toeachcreditoras ofthedate of filing; the terms ofrepayment ofeach such debt; and the security given, if any, for each such debt: Provided, That debts arising out of a "retail installment transaction" as defined in chapter 63.14 RCW (Retail Installment Sales Act) need not bereported; and (d) Every public or private office, directorship and position as trustee held; and (e) All persons for whom any legislation, or any rule, rate, or standard has been 'prepared, promoted, or opposed for current or deferred compensation: Provided, Thatfor thepurposes of this subsection, "compensation" shall not include payments made to the person reporting by the governmental entity for which such person serves

as an elected or appointed public officer or professional staffmember for his service in office; the description of such actual or proposed legislation, rules, rates, or standards; and the amount of current or deferred compensation paid or promised to be paid; and (f) The name and address of each governmental entity, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from whom compensation has been

(Cb. 41.17RCW-p 16J received in any form of a total value of five hundred dollars or more; the value of such compensation; and the consideration given or performed in exchange for such compensation; and (g) The name of any corporation, partnership, joint venture, association, union, or other entity in which is held any office, directorship, or any general partnership interest, or an ownership interestof ten percentor more; the name or title of that office, directorship, or partnership; the nature of ownership interest; and with respect to each such entity: (i) With respect to a governmental unit in which the official holds any office or position, if . such entity has received compensation in any form during the preceding twelve months from such governmental unit, the value of such compensation and the consideration given or performed in exchange for such compensation; (ii) The name of each governmental unit, corporation, partnership, joint venture, sole proprietorship, association, union, or otherbusiness or commercial entity from which such entity has received compensation in any form in the amount of twothousand fivehundred dollars or moreduring the preceding twelve months and the consideration given or performed in exchange for such compensation: Provided, Thatthe term "compensation" for purposes of this subsection (I)(g)(ii) shall not include payment for water and other utility services at
rates approved by the Washington state utilities and transportation commission or the legislative authority of the public entity providing such service: Provided, Further, That with respect to any bank or commercial lending institution in which is held any such office, directorship, partnership interest, or ownership interest, it shall only be necessary to report either the name, address,. and occupation of every director and officer of such bankor commercial lending institution and the average monthly balance ofeach account held during the preceding twelve months by such bank or commercial lending institution from the governmental entity for which the individual is an official or candidate or professional staffmember, or all interestpaid by aborrower on loans from and all interestpaid to adepositorby such bank or commercial lending institution if such interest exceeds six hundred dollars; and (h) A list, including legal or other sufficieru**ut:s~rip** tions as prescribed by the commission, of all real propertyin the stateofWashington, the assessed valuationof which exceeds two thousand five hundred dollars in which any direct financial interest was acquired during the preceding calendar year, and a statement of the
amount and nature of the financial interest and of the consideration given inexchange for such interest; and (i) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in thestateofWashington, the assessed valuationof which exceeds'two thousand five hundred dollars in which any direct financial interest was divested during the preceding calendar year, and a statement of the
amount and nature of the consideration received in exchange for such interest, and the name and address of the person furnishing such consideration; and

{I983-Laws).

-**~'!. ~.!"**  .. 

# \..).

## ..-...

.: Disclosure 42.17.243



# -r-,

<'-:---.**"::'{p~~:~ .~_**  .. 

### U) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real propertyin the stateofWashington, theassessedvaluationof which exceeds two thousand five hundred dollars in which a direct financial interest was held: 

### Provided, That if a description ofsuch property has been included in a report previously filed, such property may be listed, for purposes of this provision, by reference to such previously filed report; and (k) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real propertyin the stateofWashington, the assessedvaluationof which exceeds fivethousand dollars, inwhich a corporation, partnership, firm, enterprise, or other entity had a direct financial interest, in which corporation, partnership, firm or enterprise a ten percent or greater ownership interest was held; and (I) Such other information as the commission may deem necessary in order to properly carry out the purposes and policies of this chapter, as the commission shall by rule prescribe. (2) Where an amountis required to bereported under subsection (I), paragraphs (a) through (k) ofthis section, it shall be sufficient to comply with such requirement to report whether the amount is less than one thousand dollars, at least one thousand dollars but less than five thousand dollars, at least five thousand dollars but less than ten thousand dollars, at least ten thousand dollars but less than twenty-five thousand dollars, or twenty-five thousand dollars or more. An amount of stock may bereportedby numberofshares instead ofby market value. No provision of this subsection shall be interpreted to prevent any person from filing more information or more detailed information than required. [1983 c 161 

### § 27; 1982 c 10 

### § 9. Prior: 1981 c 311 

### § 20; 1981 c 67 

### § 15; 1979 ex.s. c 265 

### § 3; 1979 c 151 

### § 73; prior: 1975-'76 2nd ex.s. c 112 

### § 7; 1975-'76 2nd ex.s. c 104 § 1 (Ref. Bill No. 36); 1975 lst ex.s. c 294 § 13; 1973 c 1 § 24 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See note following RCW 42.17.350. Severability-Effective dates-1983 c 161: See RCW 43.180.903 and 43.180.904.

Severability-1982c 10: See notefollowing RCW 6.12.100. Severability-1981 c 311: See RCW 41.64.910. Effedive Jates----Severability-1981 c 67: See notes following RCW 34.12.010. Cemetery district commissioners exempt from chapter: RCW 68.16-

.060, 68.16.140.

RCW 42.17.241 Local elected officials, time for filing statements. Notwithstanding the provisions ofRCW 42.17.240, any local electedofficial whose term ofoffice expires immediately after December 31st shall file the written sworn statementrequired to be filed by that section for the year which ended on that December 31st. [1979 ex.s. c 126 § 42.]

Sunset Act application: See note following RCW 42.17.350. Purpose--1979ex.s. c 126: See RCW 29.04.170(1).

(1983 Laws) RCW 42.17.242 Concealing identity of source of payment prohibited-Exception. No payment shall 

### be made to any person required to report under RCW 42- .17.240 and no payment shall be accepted by any such
person, 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 paymentor in any other manner so as to effectconcealmentexceptthat the commission may issue categorical and specificexemptions to thereporting of the actual source when there is an undisclosed principal for recognized legitimate business purposes. [1977 ex.s. c 336 

### § 4.]

.

SunsetAct application: See note following RCW 42.17.350. Severability-1977 ex.s, c 336: See note following RCW 42.17.040.

RCW 42.17.243 Public office fund-What constitutes, restrictions on use--Reporting of--Disposal of remaining funds. (I) Elected and appointed officials required to report under RCW 42.17.240, shall report for themselves and for members of their immediate family to the commission any contributions received during the preceding calendar year for the officials' use in defraying nonreimbursed public office related expenses. Contributions reported under this section shall be referred to as a npu blic office fund" and shall not be transferred to a political committee nor used to promote

oropposeacandidateor ballotproposition, otherthan as provided by subsection (3) (a) of this section. For**th'~:.** purposes ofthis section contributions shall include

### reim-':

. bursernents from or payments by persons, otherthan the:
stateofWashington or any agency, for travel expenses. A reportshall be filed duringthe monthofJanuaryof
any year following a year in which such contributions

were received for or expenditures made from a public office fund. The report shall include: (a) The name and address ofeachcontributor; (b) A description ofeach contribution, including the date on which it was received and its amount or, if its dollar value is unascertainable, an estimate of its fair marketvalue; and (c) A description of each expenditure made from a publicofficefund, including the name and addressofthe recipient, the amount, and the date of each such expenditure. (2) No report under subsection (l) of this section shall be required if: (a) The receipt of the contribution has been reported pursuant to RCW 42.17.065 (continuing political committee reports) or RCW 42.17.090 (political committee reports); or (b) The contribution is in the form of meals, refreshments, or entertainmentgiven in connection with official
appearances or occasions where public business was discussed. (3) Any funds which remain in a public office fund after all permissible public office related expenses have been paid may only 

### bedisposedofin one or moreofthe following ways:

ICb.42.17 RCW-p 17)42.17.243 Disclosure 

# '"

'.. }- e ,

(a) Returned to a contributorin an amount not to exceed thatcontributor's originalcontribution; or (b) Donated to a charitable organization registered in accordancewith chapter 19.09 RCW; or (c) Transferred to the state treasurer for deposit in the general fund. [1977 ex.s. c 336 

### § 5.]

SuMetAct application: See note following RCW 42.17.350. Se.,erability-1977 ex.s, c 336: See note following RCW 42.17.040.



## REPORTINGBYPUBLICTREASURERS

RCW 42.17.245 Public accounts of governmental entities held by financial institutions-Statements and reports---Contents--Filing. After January 1st and before April 15th of each calendar year, the state treasurer, each county, public utility district, and port district treasurer, and each treasurer of an incorporated city or town whose population exceeds one thousand shall file with the commission: (1) A statement under oath that no public funds under that treasurer's control were invested in any institution where the treasurer or, in the case of a county, a member of the county finance committee, held during the reporting period an office, directorship, partnership interest, orownership interest; or (2) A report disclosing for theprevious calendar year: (a) Thenameand address ofeachfinancial institution in which the treasurer or, in the case of a county, a memberofthecounty finance committee, held duringthe re-

. porting period an office, directorship, partnership interest, or ownership interest which holds or has held during the reporting period public accounts of the governmental entity for which the treasurer is responsible; (b) theaggregate sum oftime anddemand deposits held in each such financial institution on December 31; and (c) the highest balance held at any time during such reporting period: 

### Provided, That the state treasurer shall disclose the highest balance information only upon request under RCW 42.17.250 through 42.17.330. The
statementor reportrequired bythis sectionshall be filed either with the statement required under RCW 42.17- .240 or separately. [1983 c 213 

### § I; 1981 c 102 

### § I; 1975-'76 2nd ex.s. c 112 § 10.]

SlIIISetAct application: See note following RCW 42.17.350.



## PUBLICRECORDS

RCW 42.17.250 Duty to publish procedures. (1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office ofsuch local,agency, for guidance ofthe public: (a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals orrequests, or obtain

# cop- ies ofagency decisions; (b) Statements of the general course and method by which its operations are channeled and deterrnined.,including the nature and requirements of all formal and informal procedures available; (c) Rules ofprocedure; (d) Substantive rules of general applicability adopted

as authorized by law, and statementsofgeneral policy or interpretations of general applicability formulated and adopted bythe agency: and (e) Eachamendmentor revision to, or repeal of any of the foregoing. (2) Except to the extent thathe has actual and timely notice of the terms thereof, a person may not in any

manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and
not so publishedor displayed. [1973 c 1 

### § 25 (Initiative Measure No. 276, approved November7, 1972).]

RCW 42.17.260 Documents and indexes to 

### bemade public. 

### (l) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records. To the extent required to preventan unreasonable invasion ofpersonal privacy, an
agency shall delete identifying details when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing. (2) Each agency shall maintain and make available for public inspection and copying a current index providing identifyinginformation as to the following records issued, adopted, or promulgated afterJanuary 1, 1973: (a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication ofcases; (b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted bythe agency; (c) Administrative staff manuals and instructions to staffthataffect a memberof the public; (d) Planning policies and goals, and interim and final planningdecisions; (e) Factual staffreports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whetherconducted by public employees or others; and (f) Correspondence. and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determineor opine upon, the rightsof the state, the public, a subdivision of state government, or of any private party. (3) An agency need not maintain such an index, if to do so would be unduly burdensome, but it shall inthat
event: (a) Issue and publish a formal order specifying the

reasons why and the extent to which compliance would unduly burdenor interferewith agency operations; and

(I98} Laws) 

# A**.~')~ .~** ..**,~.l**

# /~**--~.**

Disclosure 42.17.310

RCW 42.17.270 Facilities for copying--Availabilityof public records. Public records shall beavailable for inspection and copying, and agencies shall, upon request for identifiable public records, make them promptly available to any person. Agency facilities shall be made available to any person for thecopying of public records exceptwhen and totheextentthatthis would unreasonably disrupt the operations of the agency. Agencies shall honor requests received by mail for identifiable public records unless exempted by provisions of this chapter. [1975 1st ex.s. c 294 § 15; 1973 c I § 27 (Initiative Measure No. 276, approved November 7, 1972).] (b) Make available for public inspection and copying

.all indexes maintained foragencyuse. (4) A public record may be relied on, used, orcited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any otherpurpose only if-- (a) 

### It has been indexed in an index available to the public; or (b) Parties affected have timely notice (actual or constructive) of the terms thereof. (5) This chapter shall not be construed as giving authority to any agency to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies shall not do so unless specifically authorized or directed by law: 

### Provided, however, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: 

### Providedfurther, That such recognition may be refused only for a goodcausepursuantto ahearing underthe provisions of chapter 34.04 RCW. [1975 1st ex.s. c 294 

### § 14; 1973 c I § 26 (Initiative MeasureNo. 276, approved November 7, 1972).]



### ..**~~":.**.. 

# V RCW 42.17.280 Times for inspection and copying. Public records shall be available for inspection and copying duringthe customaryoffice hours of the agency: 

### Provided, That if the agency does not have customary office hours of at least thirty hours per week. the public records shall be available from nine o'clock a.m. to noon and from one o'clock p.m. to four o'clock p.m. Monday through Friday, excluding legal holidays, unless the person making the request and the agency or its representa tive agree on a different ti me. [1973 c I § 28 (Initiative Measure No. 276, approved November 7, 1972).]

RCW 42.17.290 Protection of public records-- Public access. Agencies shall adopt and enforce reasonable rules and regulations, consonant with the intent of this chapter to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency. Such rules and regulations shall provide for the fullest assistance to inquirers

(1983 Laws) and the most timely possible action on requests for information. Nothing in this section shall relieve agencies from honoring requests received by mail for copies of identifiable public records. [1975 1st ex.s. c 294 

### § 16; 1973 c I 

### § 29 (Initiative Measure No. 276, approved November 7, 1972).]

RCW 42.17.295 Destruction of infermation relating
to employee misconduct. Nothing in this chapter prevents an agency from destroying information relating to employee misconduct or alleged misconduct, in accordance with RCW 41.06.450, to the extent necessary to

ensure fairness to the employee. [1982 c 208 § 13.]

Severability-1982c 208: See RCW 42.40.900.

RCW 42.17.300 Charges for copying. No fee shall be charged for the inspection ofpublicrecords. Agencies mai'**imp.ose,~** reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records, which charges shall
not exceed the amount necessary to reimburse the
agency for its actual costs incident to such copying. [1973 c I § 30 (Initiative Measure No. 276, approved November 7, 1972).]

RCW 42.17.310 Certain personal and other records exempt. (I) The following are exempt from public 

### in-: spection andcopying: (a) Personal information in any files maintained for, students in public schools, patients or clients of 

### public institutions or public health agencies, welfare recipients.. prisoners, probationers, or parolees. :', (b) Personal information in files maintained for employees, appointees, or elected officials of any public,
agency to the extent that disclosure would violate their: rightto privacy. (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosureof the information to other persons would violate the taxpayer's right to privacy or would result in unfaircompetitivedisadvantage to the taxpayer. (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which isessential to effective law enforcement or for the protection of any person's right to privacy. (e) Information revealing the identity ofpersons who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosurecommission, if disclosure would endanger any person's life, physical safety, or property: 

### Provided, That if at the time the complaint is filed the complainant indicates a desire for disclosure or nondisclosure, such desire shall
govern: 

### Provided, further, That all complaints filed with the public disclosure commission about any elected official or candidatefor publicoffice must be made in writing and signed by the complainantunderoath.

[eb. 42.17**RCW~** 19) 

## /142.17.310 Disclosure

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academicexamination. (g) Except as provided by chapter 8.26 RCW, the
contents of real estate appraisals, made for or by any
agency relative to the acquisition or sale of property, until the projectorprospective sale isabandonedor until such time as all ofthe property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal. (h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of therequest fordisclosure when disclosurewould produce privategain andpublic loss. (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly citedby an agency inconnection with any agencyaction. U) Records which are relevant to a controversy to which an agency is a party but which records would not 

### beavailable to another party under the rules ofpretrial discovery forcauses pending inthe superiorcourts. (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the lootingordepredation ofsuch sites. (I) Any library record, the primary purpose of which is to maintain control oflibrary materials, or to gain access to information, which discloses or could be used to disclosetheidentity of a libraryuser. (m) Financial information supplied by or on behalfof

a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction orimprovementas required by RCW 47.28.070. (2) The exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiableperson or persons. (3) Inspection or copying of any specific records exemptunder the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereofto every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function. (4) Agency responses refusing, in whole or in part, inspectionof any public record shallincludea statementof the specific exemption authorizing the withholding of the record (or part) and a briefexplanation of how the exemption applies to the record withheld. [1983 c 133 

### § 10; 1982 c 64 § 1; 1977 ex.s. c 314 § 13; 1975-'76 2nd ex.s. c 82 

### § 5; 1975 1st ex.s. c 294 

### § 17; 1973 c 1 

### § 31 (Initiative Measure No. 276, approved November 7, 1972).] Exemptions from public inspection accounting recordsofspecial inquiryjudge: RCW 10.29.090. certaincriminalrecords: Chapter 10.97 RCW. certificate submitted by physically or mentally disabled person seeking a driver's license: RCW46.20.041. examination reports of the supervisorofbankingand supervisorof savings and loan associations: RCW 30.04.075, 31.12.325, 32- .04.220, 3304.110. judicial qualifications commission, records of: RCW 2.64.110. liability reserves of local government joint self-insurance pool: RCW 48.62.110. medical disciplinary board. reports required to be filed with: RCW 18.72.265. organized crime

advisory board files: RCW 10.29.030. investigativeinformation: RCW 43.43.856. salary and fringe benefit survey information: RCW 288.16.110, 41.06.160. sales reportsofcommercial fertilizers: RCW 15.54.360.

RCW 42.17.315 Certain records obtained by colleges, universities, libraries, or archives exempt. Notwithstanding the provisions of RCW 42.17.260 through 42.17.340, as now or hereafter amended, no state college, university, library, or archive shall berequired by chapter 42.17 RCW to make available for public inspection and copying any records or documents obtained by said college, university, library, or archive through or concerning any gift, grant, conveyance, bequest, or devise, thetermsof which restrictor regulatepublic access
to such records or documents: 

### Provided, That this section shall not apply to any public records as defined in RCW 40.14.010. [1975 1st ex.s. c 294 § 22.]

RCW 42.17.320 Prompt responses required. Responses to requests for public records shall be made promptly by agencies. Denials of requests must be accompanied by awritten statementof the specificreasons therefor. Agencies shall establish mechanisms for the
most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial ofinspection and shall constitute final agency action for the purposes ofjudicial review. [1975 1st ex.s. c 294 

### § 18; 1973 c I 

### § 32 (InitiativeMeasure No. 276, approved November 7,1972).]

RCW 42.17.330 Court protection of public records. The examination of any specific public record may be enjoinedif, upon motion andaffidavit, the superiorcourt for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. [1975 1stex.s, c 294 § 19; 1973 c 1 § 33 (Initiative Measure No. 276. approved November 7,1972).]

RCW 42.17.340 Judicial review of agency actions. (I) Upon the motion of any person having been denied

an opportunity to inspect or copy a public record by an
agency, the superior court in the county in which a record ismaintained may require the responsible agency to show cause why it has refused to allow inspection or

(1983 Laws) 

## "
-, !

... -''/

,.;-:

..... T" ." 

# GDisclosure 42.17.370

-r-t-

## \ff~} copying of a specific public record or class of records. The burden of proofshall be on the agency to establish that refusal to permit public inspection and copying is required. (2) Judicial review of all agency actions taken or challenged under RCW 42.17.250 through 42.17.320 shall 

### bede novo. Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. (3) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record shall be awarded all costs, including reasonable attorney fees. incurred in connection with such legal action. In addition, it shall be within the discretion of the courtto award such person an amount not to exceed twenty-five dollars for each day that he was denied the right to inspect or copy said public record. [1975 1st ex.s. c 294 § 20; 1973 c 1 § 34 (Initiative Measure No. 276, approved November7, 1972).]



### ADMINISTRATIONAND ENFORCEMENT

RCW 42.17.350 Public disclosure commissionEstablisbed--Membersbip--Compensation, travel
expenses. There is hereby established a "public disclosurecommission" which shallbe composed of five members who shall be appointed by the governor, with the
consentof the senate. All appointees shall be persons of the highest integrity and qualifications. No more than three members shall have an identification with the

same political party. The original members shall be appointed within sixty days after January 1, 1973. The term of each member shall be five years except that the original five members shall serve initial terms of one, two, three. four, and five years, respectively, as designated by the governor. No member of the commission, during histenure, shall (I) hold or campaign for elective office; (2) be an officerof any political party or political committee: (3) permit his name to be used, or make contributions. in support of or in opposition to any candidate or proposition; (4) participate in any way in any election campaign: or (5) lobby or employ or assist a lobbyist: 

### Provided. That a member or the staff of the commission may lobby to the limited extent permitted by RCW 42.17.190 on matters directly affecting this chapter. No member shall be eligible for appointment to

more than one full term. A vacancy on the commission shall be filled within thirty days of the vacancy by the
governor, with the consent of the senate, and the appointee shall serve for the remaining term of his predecessor. A vacancy shall not impair the powers of the remaining members to exercise all of the powers of the commission. Three members of the commission shall constitute a quorum. The commission shall elect its own chairman and adopt its own rules of procedure in the

(1983 Laws) manner provided in chapter 34.04 RCW. Any member ofthe commission may be removed by the governor, but only upon grounds of neglect of duty or misconduct in office. Each member shall receive seventy-five dollars for each day or portion thereofspent in performance ofhis duties as a member of the commission, and in addition shall be reimbursed for travel expenses incurred while engaged inthe business of the commission as providedin RCW 43.03.050 and 43.43.060 as now or hereafter amended. The compensation provided pursuant to this section shall not beconsidered salary for purposes ofthe provisions of any retirement system created pursuant to the general laws of this state. [1982 c 147 

### § 15; 1975- '76 2nd ex.s, c 112 § 8; 1975-'76 2nd ex.s. c 34 

### § 93; 1975 1st ex.s. c 294 § 23; 1973 c I § 35 (Initiative Measure No. 276, approved November7, 1972).]

Reviser's note--Sunset Act application: The public disclosure commission is subject to review, termination, and possible extension under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.269. RCW 42.17.010, 42.17.030 through 42.17.125, 42.17.150through 42- .17.245,42.17.350through 42.17.380,42.17.395,42.17.397,42.17.405, 42.17.420, 42.17.430, and 42.17.450 are scheduled for future repeal under RCW 43.131.270.

Effective date--Severability-1975-'76 2nd ex.s, c: 34: See notes following RCW 2.08.115.

RCW 42.17.360 Commission-Duties. The commission shall: (1) Develop and provide forms for the reports and
statements required to be made under this chapter: (2) Prepare and publish a manual setting forth rec-. ommended uniform methods ofbookkeeping and

### report--.\· ing for use by persons required to make reports 

### and'

statements under this chapter;

.. (3) Compile and maintain a current list of all 

## filed reports and statements; (4) Investigate whetherproperlycompleted statements and reports have, been filed within the times required by this chapter; (5) Upon complaint or upon its own motion, investigate and report apparentviolations of this chapterto the appropriate law enforcementauthorities; (6) Prepare and publish an annual report to the governor as to the effectiveness of this chapter and its enforcement by appropriate law enforcementauthorities; and (7) Enforce this chapter according to the powers granted it by law. [1973 c 1 § 36 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See note following RCW 42.17.350.

RCW 42.17.370 Commission-Additional powers. The commission isempowered to: (I) Adopt, promulgate, amend, and rescind suitable administrative rules and regulations to carry out the

### policies and purposes ofthis chapter, which rules and regulations shall be promulgated pursuant to the provisions ofchapter 34.04 RCW; (2) Prepare and publish such reports and technical studies as in its judgment wi11 tend to promote the purposes of this chapter, including reports and statistics

(eb.42.17RCW-p211

### Disclosure

concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this chapter; (3) Make from time totime, on its own motion, audits and field investigations; (4) Make public the time and date of any formal hearing set to determine whether a violation hasoccurred, the question or questions to be considered, and the results thereof; (5) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records which the commission deems relevant or material for the purpose of any investigation authorized under this chapter, or any otherproceeding underthis chapter; (6) Adopt and promulgate a code of fair campaign practices; (7) Relieve, bypublished regulation ofgeneral applicability, candidates or political committees ofobligations
to comply with the provisions of this chapter relating to election campaigns, if they have not received contributions nor made expenditures in connection with any election campaign of more than one thousand dollars; and (8) Enact regulations prescribing reasonable requirements for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in preparing, publishing, and distributing legislative information. The term "legislative information", for the purposes of this subsection, means books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose of which is to influencethe passage or defeat of any legislation. The state auditor in his regular examination of each agency under chapter 43.09 RCW shall review such regulations, accounts, and reports and make appropriate findings, comments, and recommendations in his examination reports concerning those agencies. (9) The commission, after hearing, by order approved and ratified by a majority of the membership of the commission, may suspendor modify any of the reporting requirements hereunder in a particular case :: it finds that literalapplicationof this chapterworks amanifestly unreasonable hardship and if it also finds that such suspensionor modification will not frustrate the purposesof thechapter. The commission shall find that amanifestly unreasonable hardship exists ifreporting the name of an entity required to be reported under RCW 42.17.240(I)(g)(ii) would be likely to adversely affect the competitive position of any entity in which the person filing the report or any member of his immediate family holds any office, directorship, general partnership interest, or an ownership interestoften percentor more. Any suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspendor modify any reporting requirements only if it determines that facts exist that

are clear and convincing proofofthe findings required hereunder. Any citizen shall have standing to bring an 41.17.370

.- .**.~**

J 

### action 

### in Thurston county superior court to contest the proprietyof any orderenteredhereunderwithin one year from the date of the entry of such order. [1977 ex.s. c 336 

### § 7; 1975 lst ex.s. c 294 

### § 25; 1973 c 1 

### § 37 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See notefollowing RCW 42.17.350. Severability-1977 ex.s. c 336: See note following RCW 42.17.040.



### RCW 42.17.375 Reports 

### filedwitb county elections official-Rules governing. With regard to the reports required by this chapterto be filed with acountyauditor

or county elections 

### official;the commission shall adopt rules governing the arrangement, handling, indexing, and disclosing of those reports by the county auditor or county elections official. The rules shall ensure ease of access by the public to the reports and shall include, but not be limited to, requirements for indexing the reports by the names ofcandidates or political committees and by the ballotproposition for or against which a political committee is receiving contributions or making expenditures. [1983 c 294 

### § I.]

RCW 41.17.380 Secretary of state, attorney general-Duties. (I) The office of the secretary of state shall be designated as a place where the public may file
papers or correspond with the commission and receive any form or instruction from the commission. (2) The attorney general, through his office, shall supply such assistance as the commission may require in order to carry out its responsibilities under this chapter. The commission may employ attorneys who are neither the attorney general nor an assistantattorney general to carryoutany function of the attorneygeneral prescribed in this chapter. [1982 c 35 

### § 196; 1975 1st

### ex.s, c 294 

### § 26; 1973 c 1 

### § 38 (Initiative MeasureNo. 276, approved November 7, 1972).]

SunsetAct application: See notefollowing RCW 42.17.350.**Intent~verability-Effective** dates-Applicati_I982

c35: See notesfollowing RCW 43.07.160.



### RCW 41.17.390 Civil remedies and sanctions. (l) One or more of the following civil remedies and sanctions may be imposed bycourt order in addition to any other remedies provided by law: (a) 

### Ifthe court finds that the violation of any provision of this chapter by any candidate or political committee probably affected the outcome of any election, the resultof said election may be held void and a special election held within sixty days of such finding. Any action to void an election shall be commenced within one year of the date of the election in question. It isintended that this remedy be imposed freely in all appropriate

cases to protect the right of the electorate to an informed and knowledgeable vote.(b) [f any lobbyist or sponsor of any grass roots lobbying campaign violates any of the provisions of this chapter, his registration may be revoked or suspended and he may be enjoined from receiving compensation or making expenditures for lobbying: 

### Provided, however, That imposition of such sanction shall not excuse said 

# ...

# -:--,**~}~:**

.

_ _(1283**~ws)**

# --'.

Disclosure 

### 42.17.400

lobbyist from filing statements and reports required by**,~\** this chapter.

'

..",,, (c) Any person who violates any of the provisions of this chapter may be subject to a civil penalty of not

more than ten thousanddollars for each such violation. (d) Any person who fails to file a properly completed
statement or report within the time required by this' chapter may be subject 

### to a civil penalty of ten dollars per day for each day each such delinquency continues. (e) Any person who fails to report a contribution or expenditure may be subject to a civil penalty equivalent to the amount he failed toreport. ' (f) The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein. [1973 c I § 39 (Initiative Measure No. 276, approved November 7, 1972).]

__-r-_ Sunset Act application: See note following RCW 42.17.350.

RCW 

### 42.17.395 Violations--Determination 

### by commission--Issuance and enforcement of order-- Hearing--Referral--Judicialreview--Petition for order of enforcement. (1) The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue and enforcean appropriateorder following such determination. (2) The commission, in cases where it chooses to determine whether an actual violation of this chapter has occurred, shall hold acontestedcasehearing pursuantto the administrative procedure act (chapter 34.04 RCW) to make such determination. Any order which the commission issues under this section shall be pursuant to such hearing. 

### (3) In lieu of holding a hearing or issuing an'order underthis section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW 42.17.360. (4) The person against whom an order is directed under this section shall be designated as the respondent. Such order may require the respondent to cease and desist from the activity which constitutes aviolation and in addition, or alternatively, may impose one or moreofthe remedies provided inRCW 42.17.390(1) (b), (c), (d), or (e): 

### Provided, That noindividual penalty assessed by the commission may exceed twohundred fifty dollars, and in any case where multiple violations are involved in a single complaint or hearing, the maximum aggregate penalty may not exceed fivehundred dollars. (5) An order issued by the commission under this section shall be subject tojudicial review under the administrative procedure act (chapter 34.04 RCW). 

### If the commission's order is not satisfied and no petition for review is filed within thirty days as provided in RCW 34.04.130, the commission may petition a court of competentjurisdiction of any county in which a petition for review could be filed under that section, for an order of enforcement. Proceedings in connection with the commission's petition shall be in accordance with RCW 42- .17.397, as now or hereafter amended. [1982c 147 § 16; 1975-'76 2nd ex.s. c 112 

### § 12.]

(1983 Laws) SunsetActapplication: See note following RCW42.17.350.

RCW 

### 42.17.397 Procedure upon petition for enforcement of order ofcommission---Court's order of enforcement. The following procedure shall apply in all

cases where the commission has petitioned a court of competent jurisdiction for enforcement of any order it has issued pursuant to this chapter: (1) A copy of the petition shall be served by certified mail directed to the respondent at his last known address. The court shall issue an order directing the respondentto appearat atimedesignated intheorder, not less than fivedays from the datethereof, and show cause why the commission's order should not be enforced according to its terms. (2) The commission's order shall be enforced by the
court if the respondent does not appear, or if the respondent appears and the court finds, pursuant to a hearing held for that purpose: (a) Thatthe commission's order isunsatisfied; and (b) Thatthe orderisregularon its face; and (c) That the respondent's answer discloses no valid

reason why the commission's order should not be enforced or thattherespondenthadan appropriateremedy by review under RCW 34.04.130 and failed to avail himselfofthat remedy withoutvalid excuse. (3) Upon appropriate application by the respondent; the court may, after hearing and for good cause, alter,' amend, revise, suspend, or postpone all or part of the, commission's order. In any case where the order is not'. enforced by thecourt according to its terms, the reasons for the court's actions shall be clearly stated in writing:' and such action shall be subject to review by the appellatecourtsby certiorari or otherappropriateproceeding> (4) The court's order of enforcement, when entered;· shall have the same force and effect as a civiljudgment.; [1982 c 147 

### § 17; 1975-'76 2nd ex.s. c 112 

### § 13.]

SunsetActapplication: See note following RCW42.17.350.

RCW 

### 42.17.400 Enforcement. 

### (l) The attorney general and the prosecuting authorities of political subdivisions of this state may bringcivil actions inthename of the**st~t~** for any appropriate civil remedy, including butnot limitedto the specialremedies provided in RCW 42.17.390. (2) The attorney general and the prosecuting authorities of political subdivisions of this state may investigate

or cause to be investigated the activities of any person who there is reason to believe is or has been acting in violation of this chapter, and may require any such person or any other person reasonably believed to have information concerning the activities of such person to appear at a time and place designated in the county in which such person resides or is found, to give such information under oath and to produce all accounts, bills, receipts, books, paper and documents which may be relevant or material to any investigation authorized under this chapter. (3) When the attorney general or the prosecuting authority of any political subdivision of this state requires the attendanceof any person to obtain such information



### 1Cb.41.17RCW-p 13) 

## 23

### 42.17.400 Disclosure

or the production ofthe accounts, bills, receipts, books,
papers, and documents which may be relevant or material to any investigation authorized under this chapter, he shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be delivered to or sent by registered mail to the person at least fourteen days before the date fixed for attendance. Suchordershall have the same force and effect as a subpoena, shall be effective state-wide, and,
upon application ofthe attorney general or said prosecuting authority, obedienceto theordermay beenforced by any superior court judge in the county where the
person receiving it resides or is found, in the same manner as though the order were a subpoena. The court, after hearing, for good cause, and upon application ofany person aggrieved by the order, shall have the right to alter, amend, revise, suspend, or postpone all or any part ofits provisions. In any case where the order is not enforced by the court according to its terms, the reasons for the court's actions shall be clearly stated in writing, and such action shall be subject to review by the appellatecourts by certiorarior other appropriate proceeding. (4) Any person who has notified the attorney general and the prosecuting attorney in the county in which the violation occurred in writing that there is reason to believe that some provision ofthis chapter is being or has beenviolated may himselfbring in the nameofthe sta te any of the actions (hereinafter referred to as a citizen's action) authorized underthis chapter. Thiscitizen action
may be brought only if the attorney general and the prosecuting attorney have failed to commence an action hereunder within forty-five days after such notice and such person has thereafter further notified the attorney general and prosecuting attorney that said person will

commence a citizen's action within ten days upon their failure so to do, and the attorney general and the prosecuting attorney have in fact failed to bring such action within ten days ofreceipt of said second notice. 

### If the
person who brings the citizen's action prevails, thejudgment awarded shall escheat to the state, but he shall be entitledto be reimbursed by the stateofWashington for
costs and attorney's fees he has incurred: 

### Provided, That in the case of a citizen's action which is dismissed and which the court also finds 'was brought without reasonable cause, the court may order the person commencing the action to pay all costs.of trial and reasonable attorney's fees incurred by the defendant. (5) In any action brought underthis section, the court may award to the state all costs of investigation and trial, including a reasonable attorney's fee to be fixed by the court. 

### If the violation is found to have been intentional, the amount of thejudgment, which shall for this
purpose include the costs, may be. trebled as punitive damages. 

### Ifdamages or trebled damages are awarded in such an action brought against a lobbyist, thejudgment
may be awarded against the lobbyist, and the lobbyist's employeror employersjoined as defendants,jointly, severally, or both. 

### If the defendant prevails, he shall be awarded all costs of trial, and may be awarded a reasonable attorney's fee to be fixed by the courtto be paid by the state of Washington. [1975 1st ex.s. c294 

### § 27; 1973 c 1 

### § 40 (Initiative Measure No. 276, approved November 7,1972).]



### RCW 42.17.405 SUspension of reporting prOVISIOns ofchapter until January I, 1986, for candidates, elected officials, political committees, and agencies in small jurisdictions-Voiding ofsuspension. (1) During the 

### period between March 26, 1982, and January I, 1986, the reporting provisions of this chapter are suspended as they pertain to candidates, elected officials, andagencies in jurisdictions with less than one thousand registered
voters as of the date of the most recent general election in thejurisdiction. The suspension also applies to political committees formed to support or oppose ballot propositions in such jurisdictions, and to persons making independent expenditures in support of or opposition to such ballotpropositions. (2) The suspension shall not apply in any jurisdiction from which a "petition for disclosure" containing the valid signatures of five percent of the number of registered voters, as of the date ofthe most recent general election in thejurisdiction, is filed with the commission. The commission shall by rule prescribe the form of the petition. After the signatures are gathered, the petition shall be presented to the auditor or elections officer of the county, or counties, in which the jurisdiction is located. The auditor or elections officer shall verify the signatures and certify to the commission that the petition contains no less than the required number of valid signatures. Thecommission, upon receipt of a valid petition, shall order every incumbent elected official and candidate in the jurisdiction to file the required statement and reports within thirty days of the date ofthe order. (3) The suspension shall not apply in any jurisdiction which by ordinance, resolution, or other official action has petitioned the commission to void the suspension with respect to elected officials and candidates of the jurisdiction. A copy of the action shall be sent to the commission. Ifthe commission finds the petition to be a valid action of the appropriate governing body or authority, the commission shall issue an order voiding the suspension for that jurisdiction. The commission, upon approval of the action, shall order every incumbent elected official and candidate in the jurisdiction to file the required statement and reports within thirty days of the date ofthe order. (4) Any person exempted from reporting by the suspension under this section may at his or her option file the statementand reports. [1982 c 60 

### § I.]

SunsetActapplication: See note following RCW 42.17.350.



### RCW 42.17.410 Limitation on actions. Any action brought under the provisions of this chapter must be commenced within five years after the date when the violation occurred. [1982 c 147 

### § 18; 1973 c I 

### § 41 (Initiative Measure No. 276, approved November7, 1972).]



### RCW 42.17.420 Date ofmailing deemed date of receipt--Exception. When any application, report, statement, notice, orpaymentrequired to be madeunder

(1983 Laws) .p;.

..... 

# o**'.~. ~~;**  

### ... Disclosure 42.17.945

the provisions of this chapter has been deposited post-**,~** paid in the United States mail properly addressed, it' shall be deemed to have been received on the date of

- mailing. It shall be presumed that the date shown by the post office cancellation mark on the envelope is the date ofmailing. The provisions ofthis section do not apply to reports required to be delivered under RCW 42.17.105. (1983 c 176 § 2; 1973 c 1 § 42 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See note following RCW 42.17.350.

RCW 42.17.440. Statements and reports public records. All statements and reports filed under this chapter shall be public records ofthe agency where they are filed, and shall be available for public inspection and copying during normal business hours at the expense of the person requesting copies, provided that the charge for such copies shall not exceed actual cost to the
agency. [1973 c 1 § 44 (Initiative Measure No. 276, approved November7, 1972).]

RCW 42.17.450 Duty to preservestatements and reports. Persons with whom statements or reports or copies of statements or reports are required to be filed under this chapter shall preserve them for not less than six
. years. The commission, however, shall preserve such

statementsor reports for not less than ten years. [1973 c 1 § 45 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See note followingRCW 42.17.350. .<:":':":"'0,\.

:.: -. -: :"

## ...

''--'" RCW 42.17.430 Certification of reports. Every report and statement required to be filed under this chapter shall identify the person preparing it, and shall be certified as complete and correct, both by the person preparing it and by the person on whose behalf it is filed. [1973 c I § 43 (Initiative Measure No. 276, approved November 7, 1972).]

SunsetAct application: See note following RCW 42.17.350.

RCW 42.11.900 Effective date--1973 c 

### 1. The effectivedateof this act shall be January I, 1973. [1973 c I 

### § 49 (Initiative Measure No. 276, approved November 7, 1972).)

RCW 42.17.910**Se~erability--197J** c 

### 1. 

### If any provision of this act or its application to any person or circumstance is held invalid, theremainder of the act, or the application of the provision to other persons or circumstances is not affected. [1973 c I 

### § 46 (Initiative Measure No. 276, approved November 7, 1972).]

RCW 42.17.911**Se~erability--1975** 1st ex.s. c 294. Ifany provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application ofthe provision to other persons or circumstances is not affected. [1975 1st ex.s, c 294 § 29.]

RCW 42.17.912**Se~erability--197S-'76** 2nd ex.s, c 112. Ifany provision ofthis 1976 amendatory act, or

(1983 Laws) its application to any person or circumstance is held invalid, the remainder ofthe act, or the application of the provision to other persons or circumstances is not affected. [1975-'76 2nd ex.s. c 112 

### § 16.]

RCW 42.17.920 Construction--1973 c 1. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the
event of conflict between the provisions of this act and
any other act, the provisions of this act shall govern. [1973 c 1 

### § 47 (Initiative Measure No. 276, approved November 7, 1972):]

RCW 42.17.930 Chapter, section headings not 

### part oflaw. Chapter and sectioncaptionsor headings as used in this actdo not constitute any part ofthe law. [1973 c 1 

### §48 (Initiative MeasureNo. 276, approved November 7,1972).]

RCW 42.17.940 Repealer--1973 c 1. Chapter 9, Laws of 1965, as amended by section 9, chapter 150, Laws of 1965 ex. sess., and RCW 29.18.140; and chapter 131, Lawsof 1967 ex. sess. and RCW44.64 [chapter 44.64 RCW]; and chapter 82, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 24; andchapter' 98, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 25 areeach hereby repealed. [1973 c 1 

### § 50 (Initiative Measure No. 276, approved November 7, .

1972).]"

RCW 42.17.945 Construction--197S-'76

### 2nci'~": ex.s, c 112. The provisions of this 1976 amendatory act'

are intended to be remedial and shall be liberally 

### con-i" strued, and nothing in this 1976 amendatory act shall

## be?
construed to limit the power of the commission under,'
any other provision of chapter 42.17 RCW. [1975-'76' 2nd ex.s. c 112 § 15.]

.



### leb.41.17RCW-p 15)