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Chapter 42.17 RCW

DISCLOSURE--CAMPAIGN FINANCES--

LOBBYING--RECORDS

REPORTING BY PUBLIC TREASURERS

42.17.245 Public accounts of governmental 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 for copying--Availability of public records.

Times for inspection and copying.

Protection of public records--Public access.

Destruction of information relating to employee

misconduct.

Charges for copying.

Certain personal and other records exempt.

Certain records obtained by colleges, universities, libraries, or archives exempt.

42.17.320 'Prompt responses required.

42.17.330 Court protection of public records.

42.17.340 Judicial review of agency actions.

ADMINISTRATION AND ENFORCEMENT

42.17.350 Public disclosure commission--Established--

Membership----Compensation, travel expenses.

Commission--Duties.

Commission--Additional powers.

Reports filed with county elections official--Rules

governing.

Secretary of state, 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's order of enforcement.

Enforcement.

Suspension of reporting provisions of chapter until January I, 1986, for candidates, elected officials, political

committees, and agencies in small jurisdictionsVoiding of suspension.

42.17.410 Limitation on actions.

42.17.420 Date of mailing deemed date of receipt--Exception.

42.17.430 Certification of reports.

42.17.440 Statements and reports public 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 not part of 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 secretary of state: 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 state of Washington:

(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 of government

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--Unidentified contributions.

Filing and reporting by continuing political committee.

Fund-raising activities--Reporting by political committees in lieu of reporting under RCW 42.17.080---

Standards--Deposits--Statements.

Authorization of expenditures and restrictions thereon.

Candidates' and treasurers' duty to report contributions

and expenditures.

Contents of report.

Disposal of surplus funds.

Special reports--Independent campaign expenditures-s-c-Contributions to political committees.

Special reports--Late contributions over five hundred

dollars.

Commercial advertisers--Documents and books of

account to be open for public inspection--Delivery

of copies to commission upon request.

Identification of contributions and 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

LOBBYIST REPORTING

Registra tion of lobbyists.

Photograph and information--Booklet--Publication--Lobbyists' booklet revolving fund.

Exemption from registration.

Reporting by lobbyists.

Reports by employers of registered lobbyists.

Legislative activities of state agencies and other units of

government.

Grass roots lobbying campaigns.

Employment of legislators, attaches, or state employees---Statement, contents and filing.

42.17.220 Employment of unregistered persons.

42.17.23p Duties of lobbyists.

REPORTING OF ELECTED OFFICIALS FINANCIAL AFFAIRS

42.17.240 Elected and appointed officials reports of financial

affairs.

Local elected officials, time for filing statements.

Concealing identity of source of payment prohibited--

Exception.

Public office fund--What constitutes, restrictions on

use--Reporting of--Disposal of remaining funds.

42.17.160

42.17.170

42.17.180

42.17.190

42.17.241

42.17.242

42.17.243

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(1983 Laws) ICb. 42.17 RCW~ II I
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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 of candidates for those offices, present no conflict of interest between the pu blic trust and private in terest.

(4) That our representative form of government is

founded on a belief that those entrusted with the offices

of government have nothing to fear from full public disclosure of their financial and business holdings, provided

those officials deal honestly and fairly with the people.

(5) That public confidence in government at all levels

is essential and must be promoted by all possible means.

(6) That public confidence in government at all levels

can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and decisions.

(7) That the concept of attempting to increase financial participation of individual contributors in political

campaigns is encouraged by the passage of the Revenue

Act of 1971 by the Congress of the United States, and in

consequence thereof, it is desirable to have implementing

legislation at the state level.

(8) That the concepts of disclosure and limitation of

election campaign financing are established by the passage of the Federal Election Campaign Act of 1971 by

the Congress of the United States, and in consequence

thereof it is desirable to have implementing legislation at

the state level.

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

such contributions.

(10) That the public's right to know of the financing

of political campaigns and lobbying and the financial

affairs of elected officials and candidates far outweighs

any right that these matters remain secret and private.

(11) That, mindful of the right of individuals to privacy and of the desirability of the efficient administration of government, full access to information concerning

the conduct of government on every level must be assured as a fundamental and necessary precondition to

the sound governance of a free society.

The provisions of this chapter shall be liberally construed to promote complete disclosure of all information

respecting the financing of political campaigns and lobbying, and the financial affairs of elected officials and

candidates, and full access to public records so as to as-

. sure continuing public confidence of fairness of elections

and governmental processes, and so as to assure that the

public interest will be fully protected. In promoting such

complete disclosure, however, this chapter shall be enforced so as to insure that the information disclosed will

not be misused for arbitrary and capricious purposes and

to insure that all persons reporting under this chapter

will be protected from harassment and unfounded allegations based on information they have freely disclosed.

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

Samet Act application: 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 state or 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 officer of that 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 in that 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 public or segments of the general public whether

through the use of newspapers, magazines, television and

radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.

(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 include per diem allowances 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 of continuing

existence not established in anticipation of any particular election.

(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 interest on 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)

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o
y _.-

Disclosure 42.17.020

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volunteer campaign workers or incidental expenses personally incurred by volunteer campaign workers not in

excess of twenty-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 of twenty 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 of consumables 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 appointed to fill a vacancy 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 Constitution of

the state of Washington shall not be considered an election for purposes of this chapter.

(13) "Election campaign" means any campaign in

support of or in opposition to a candidate for election to

public office and any campaign in support of, or in opposition to, a ballot proposition.

(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

of assisting, benefiting, or honoring any public official or

candidate, or assisting in furthering or opposing any

election campaign. For the purposes of this chapter,

agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure"

shall not include the partial or complete repayment by a

candidate or political committee of the principal of a

loan, the receipt of which loan has been properly reported, or payment of service charges against a political

committee's campaign account.

(15) "Final report" means the report described as a

final report in RCW 42.17.080(2).

(16) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in

the household.

(17) "Legislation" means bills, resolutions, motioris,

amendments, nominations, and other matters pending or

(1983 Laws)

proposed in either house of the state legislature, and includes any other matter which may be the subject of action by either house, or any committee of the 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

legislative enactment of any state agency under the state

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 is compensated 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 of persons, 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

include the parent or duly appointed legal 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 purpose of appealing, 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 ballot proposition.

(25) "Public office" means any federal, state, county,

city, town, school district, port district, special district,

or other state political subdivision elective office.

(26) "Public record" includes any writing containing"

information relating to the conduct of government or the

performance of any governmental or proprietary function prepared, owned, used, or retained by any state or

local. agency regardless of physical form or

characteristics.

(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 in excess

of the amount necessary to pay remaining debts incurred

by the committee or candidate prior to -that election. In

the case of a continuing political committee, "surplus

funds" mean those contributions remaining in the possession or control of the committee which are in excess

[01. 42.17 RCW.,. 31 .J
42.17.020 Disclosure

of the amount necessary to pay all remaining debts when

it makes its final report under RCW 42.17.065.

(28) n Writing n means handwriting, typewriting,

printing, photostating, photographing, and every other

means of recording any form of communication 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 context requires.

[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).]

Effective date--1977 ex.s. c 313: 'This 1977 amendatory act shall

take effect on January 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 is

held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.' (1977 ex.s, c

313 § 8.)

CAMPAIGN FINANCING

RCW 42.17.030 Applicability. The provisions of this

chapter relating to the financing of election campaigns

shall apply in all election campaigns other than (a) for

precinct committeeman; (b) for a federal elective office;

and (c) for an office the constituency of which does not

encompass a whole county and which contains less than

five thousand registered voters as of the date of the most

recent general election in such district. [1977 ex.s. c 313

§ 2; 1973 c 1 § 3 (Initiative Measure No. 276, approved

November 7, 1972).]

SuDset Act application: See note following RCW 42.17.350.

Effective date---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

the county in 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).

(2) The statement of organization shall include but

not be limited to:

(a) The name and address of the committee;

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

relationship or affiliation;

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(Cb. 41.17RCW-p 4)

(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

ticket of any party, the name of the party:

(g) The ballot proposition concerned, if any, and

whether the committee is in favor of or opposed to such

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 hereafter amended; and

(j) Such other information as the commission may by

regulation prescribe, in keeping with the policies and

purposes of this chapter.

(3) Any material change in information previously

submitted in a statement of organization shall be reported to the commission and to the appropriate county

elections officer within the ten days following the

change. [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).]

Sunset Act appIication: See note following 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 is

held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.' (1977 ex.s. c

336 § 8.) This applies to the enactment of RCW 42.17.095, 42.17.125,

42.17.242, and 42.17.243 andthe amendment of RCW 42.17.040, 42-

.17.090, and 42.17.370.

Effective date--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 file with the commission and the appropriate county elections officer the names and addresses of:

(a) One legally competent individual, who may be the

candidate, to serve as a campaign treasurer; and

(b) A bank, mutual savings bank, savings and loan

association, or credit union doing business in this state to

serve as campaign depository and the name of the account or 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

candidate or political committee shall file the names and

(1983 Laws)

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Disclosure 42.17.065

addresses of the deputy campaign treasurers and additional campaign depositories with the commission and

the appropriate county elections officer.

(3) (a) A candidate or political committee may at any

time remove a campaign treasurer or deputy campaign

treasurer or change a designated campaign depository.

(b) In the event of the death, resignation, removal, or

change of a campaign treasurer, deputy campaign treasurer, or depository, the candidate or political committee

shall designate and file with the commission and the appropriate county elections officer the name and address

of any successor.

(4) No campaign treasurer, deputy campaign treasurer, or campaign depository may be deemed to be in

compliance with the provisions of this chapter until his

name and address is filed with the commission and the

appropriate county elections officer. [1982 c 147 § 2;

1973 c I § 5 (Initiative Measure No. 276, approved

November 7, 1972).] ,

Suoset Act appUcation: See note following RCW 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 five business days of receipt of the contribution.

(2) Political committees which support or oppose

more than one candidate or ballot proposition, or exist

for more than one purpose, may maintain multiple separate bank accounts within the same designated depository for such purpose: Provided, That each such account

shall bear the same name followed by an appropriate

designation which accurately identifies its separate purpose: 'And provided further, That transfers of funds

which must be reported under RCW 42.17.090(1 )(d), 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 other similar savings 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 made by 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 of one percent of

(1983 Laws)

the total accumulated contributions received in the current calendar year or three hundred dollars (whichever is

more), may not be deposited, used, or expended, but

shall be returned to the donor, if his identity can be ascertained. If the donor cannot be ascertained, the contribution shall escheat to the state, and shall be paid to

the state treasurer for deposit in the state general fund.

[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).]

Sunset Act application: See note following RCW 42.17.350.

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

RCW 42.17.065 Filing and reporting by continuing

political committee. (I) In addition to the provisions of

this section, a continuing political committee shall file

and report on the same conditions and at the same times

as any other committee in accordance with the provisions of RCW 42.17.040, 42.17.050, and 42.17.060 as

now or hereafter 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 of the month,

detailing its activities for the preceding calendar month.

in which the committee has received a contribution or'

made an expenditure: Provided, That such report shall.

only be filed if either the total contributions received oi.

total expenditures made since the last such report exceed:

two hundred dollars. The report shall be on 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 of the committee; identified by recipient,

amount, and date of payments;

(c) Such other information as the commission "hall by

rule prescribe. '

(3) If a continuing political committee shall make a

contribution in support of or in opposition to a candidate

or ballot proposition within sixty days prior to the date

on which such candidate or ballot proposition will be

voted upon, such continuing political committee shall report pursuant to RCW 42.17.080, 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 current basis within five business days of

receipt or expenditure. During the eight days immediately preceding the date of any election, for which the

committee has received any contributions or made any

(CIa. 41.17RCW-p 5]
42.17.065 .,.,.- Disclosure

.-.....

expenditures, the books of account shall be kept current

within one business day and shall be open for public inspection for at least two consecutive hours Monday

through Friday, excluding legal holidays, between 8:00

a.m. and 8:00 p.rn., as specified in the committee's

statement of organization 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.]

Sunset Act application: 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 meet the standards of subsection (2) of this section may be reported in

accordance with the provisions of this section in lieu of

reporting in accordance with RCW 42.17.080(3) as now

or hereafter amended. \.

(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 gambling operation which i:; licensed, conducted, or operated

in accordance with the provisions of chapter 9.46 RCW

and at which in no case is' the monetary value of any

prize exceeded by the monetary value of any single wager which may be made by a person participating in

such activity;

(b) No person responsible for receiving money at such

activity may knowingly accept payment from a single

person which would result in a profit to the committee of

twenty-five dollars or more unless the name and address

of the person making such payment together with the

approximate amount of profit to the committee 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 of the 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

which contributions received by the committee are being

deposited-pursuant-to-RCW-42..1J..060. _

leb.4:z.t7 RCW-p 6]

(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 report of the fundraising activity which shall contain the following

information:

(a) The date on which the activity occurred;

(b) The location at which the activity occurred;

(c) A precise description of the fund-raising methods

used in the 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 market value;

(g) The name and address of each 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 of profit to the committee

which results from such payments; and

(h) A complete listing of the names.and addresses of

the persons responsible for conducting the 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 treasurer or 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

report contributions and expenditures. (1) On the day the

campaign treasurer is designated, each candidate or political committee shall file with the commission and the

county auditor or elections officer of the county in which

the candidate resides (or in the case of a political committee 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 intervals each campaign treasurer

shall file with the commission and the county auditor or

elections officer of the county in which the candidate resides (or in the case of a political committee supporting

or opposing 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 hereafter amended:

(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 tenth day of each month in which no other

reports are required to be filed under this section: Provided, That such report shall only be filed if the committee has received a contribution or made an

expenditure in the preceding calendar month and either

the total contributions received or total expenditures

made since the last such report exceed two hundred

dollars.

When there is no outstanding debt or obligation, and

the campaign fund is closed, and the campaign is concluded in all respects, and in the case of a political committee, the committee has ceased to function and has

dissolved, the campaign treasurer shall 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 any further reports. ,

(3) For the period beginning the first day of the

fourth month preceding the date on which the special or

general election is held and ending on the date of that

election, the campaign treasurer shall file with the commission and the appropriate county elections officer a

report of each 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

by each person: Provided, That contributions 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 of deposits made by a deputy campaign treasurer, the copy shall be forwarded to

the campaign treasurer to 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 of account accurately reflecting all contributions and expenditures on a current basis within five

business days of receipt or expenditure. During the eight

days immediately preceding the date of the election the

books of account shall be kept current within one business day and shall 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 in the committee's statement of organization

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. The campaign treasurer or

candidate shall preserve books of account, bills, receipts,

and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the transaction occurred.

(5) 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 specified in the committee's statement of organization

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. [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 of report. (1) Each report;

required under RCW 42.17.080 (1) and (2), as now or

hereafter amended, shall disclose for the period beginning at the end of the period for the last report or, in the"

case of an initial report, at the time of the first contribution or expenditure, and ending not more than five

days prior to the date the report is due:

(a) The funds on hand at the beginning of the period;

(b) The name and address of each person who has

made one or more contributions during the period, 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 of a 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 lump sum, with

the exception of that portion of such income which was

received from persons whose names and addresses are

required to be included in the report required by RCW

42.17.067: Provided further, That contributions of 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 of each such contributor;

(c) Each loan, promissory note, or security instrument

to be used by or for the benefit of the candidate or political committee made by any person, _together with the

names and addresses of the lender and each person liable

directly, indirectly or contingently and the date and

(Cb. 41.l7 RCW-p 7] 7
42.17.090 Disclosure

commi~si.on may by regulation prescribe, in keeping with ' ...

the policies and purposes of this chapter. A nonreporting

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 updating or

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 note following 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 of each such loan, promissory note, or security

instrument:

(d) Th~ name and ad~ress of each 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

the following shall be contained in a separate category of

the report bearing the title "Transfer of funds": Contrib~tions made from the campaign depository of one candidate to the campaign of another candidate' and

contributions received by a candidate, or for the' campaign of the candidate, from the campaign depository of

another candidate;

(e) All other contributions not otherwise listed or

exempted;

(0 ~he name and address of each person to whom an

expenditure was made in the aggregate amount of fifty

dollars or more, and the amount, date, and purpose of

each such expenditure;

(g) The total sum of expenditures;

(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 be required 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 titles of its officers or if it has no officers,

t~e names, addresses, and titles of its responsible leaders;

(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

supported or opposed in the state of Washington, 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 aggregate of twenty-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 purpose of 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 anyone or more of the following ways:

(I) Return the surplus to a contributor in an amount

not to exceed that contributor's original contribution;

(2) Transfer the surplus to the candidate's personal

account as reimbursement for lost earnings incurred as a

result of that candidate's election campaign. Such lost

earnings shall be verifiable as unpaid salary or, when the

candidate is not salaried, as an amount not to exceed income received by the candidate for services rendered

during an appropriate, corresponding time period. All

lost earnings incurred shall be documented and a record

thereof shall be maintained by the candidate or the candidate's political committee. The committee shall include

a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;

(3) Transfer the surplus to one or more candidates or

to a political committee or party;

(4) Donate the surplus to a charitable organization

registered in accordance with chapter 19.09 RCW;

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

(6) Hold the surplus in the campaign depository or

depositories designated in accordance with RCW 42.17-

.050 for possible use in a future election campaign, for

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 42.17.040 through 42.17.090. If a subsequent

?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 note following 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 expenditure which is made in support of or in

opposition to any candidate or ballot proposition and is

not otherwise required to be reported pursuant to RCW

42.17.060, 42.17.065, 42.17.080, or 42.17.090.

(b) Within five days after the date of making an independent campaign expenditure which by itself or 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 after the date of making an independent

campaign expenditure for which no reasonable estimate

of monetary value is practicable, whichever occurs first,

the person who made such independent campaign expenditure 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 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 in opposition to a ballot proposition, the county of residence 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-first day preceding the primary and

the seventh day preceding the date on which the election

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 expenditure since the date of 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 as correct by 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

date the report is due:

(l983 Laws)

(i) The name and address of the person filing the

report;

(ii) The name and address of each person to whom an

independent campaign expenditure was made in the aggregate amount of twenty-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 contributor disclosing the contributor's name and'

address, the date, nature, purpose, amount, and recipient

of such contribution, and any instructions given as to the'

use or disbursement of such contribution. :"

(b) The initial report shall be filed with the commis-.

sion within five days after the date on which the aggregate contribution amount of one hundred dollars or 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 RCW 42.17.350.

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 five hundred dollars;

(b) ls from a single person or entity;

(c) Is received before an election; and

(d) Is received after the period covered by the last report required by RCW 42.17.080 and 42.17.090 to be

filed before that election.

(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 after the period covered by the last report required by RCW 42.17-

.080 and 42.17.090 to be filed before that election.

(3) Except as provided in subsection (4), the special

report required by this section shall be delivered in written form, including but not limited to mailgram, telegram, or nightletter. The special report required by

subsection (I) shall be delivered to the commission

(0. 41.17 RCW-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 is made.

(4) The special report may be transmitted orally by

telephone to the commission to satisfy the delivery period required by subsection (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 amount of the contribution;

(b) The date of receipt;

(c) The name and address of the donor;

(d) The name and address of the recipient; and

(e) Any other information the commission may by

rule require.

(6) Contributions reported under this section shall

also be reported as required by other provisions of this

chapter. [1983 c 176 § 1.]

RCW 42.17.110 Commercial advertisers--Documents and books of account to be open for public inspection--Delivery of copies 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 of account

which shall specify: .

(a) The names and addresses of persons from whom it

accepted political advertising;

(b) The exact nature and extent of the advertising

services rendered; and

(c) The consideration and the manner of paying that

consideration for such services.

(2) Each commercial advertiser which must comply

with subsection (1) of this section shall deliver to the

commission, upon its request, copies of such information

as must be maintained open for public inspection pursuant to subsection (l) of this section. [1975-'76 2nd ex.s.

c 112 § 5; 1973 c 1 § 11 (Initiative Measure No. 276,

approved November 7, 1972).]

Sunset Act 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, or other person in such a manner as to

conceal the identity of the source of the contribution or

in any other manner so as to effect concealment. [1975

1st ex.s. c 294 § 8; 1973 c I § 12 (Initiative Measure

No. 276, approved November 7, 1972).]

Sunset Act application: See notefollowing 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 account or expended for a candidate's personal use

. under the following circumstances:

(1) Reimbursement for or loans to cover lost earnings

incurred as a result of campaigning. Such lost earnings

shall be verifiable as unpaid salary, or when the candidate is not salaried, as an amount not to exceed income

received by the candidate for services rendered during an

appropriate, corresponding time period. All lost earnings

incurred shall be documented and a record thereof shall

be maintained by the candidate or the candidate's political committee. The committee shall include a copy of

such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090.

(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

committee with 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) Repayment of loans made by the candidate to political committees, which repayment shall be reported

pursuant to RCW 42.17.090. [1977 ex.s. c 336 § 6.]

Sunset Act application: See note following 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 or opposition to any ballot

proposition. Facilities of public office or agency include,

but are not limited to. use of stationery, postage, machines, and equipment. use of employees of the office or

agency during working hours, vehicles, office space,

publications of the office or agency, and clientele lists of

persons served by the office or agency: Provided, That

the foregoing provisions of this section shall not apply to

the following activities:

(1) Action taken at an open public meeting by members of an elected legislative body to express a collective

decision, or to actually vote upon a motion, proposal,

resolution, order, or ordinance, or to support or oppose a

ballot proposition so long as (a) any required notice of

the meeting includes the title and number of the ballot

proposition, and (b) members of the legislative body or

members of the public are afforded an approximately

equal opportunity for the expression of an opposing view;

(2) A statement by an elected official in support of or

in opposition to any ballot proposition at an open press

conference or in response to a specific inquiry;

(3) Activities which are part of the normal and regular conduct of the office or agency. [1979 ex.s. c 265 §

...-....

---------------- -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).] .~:..........

LOBBYIST REPORTING

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 residential and business addresses in Thurston

county during the legislative session;

(b) The name, address and occupation or business of

the lobbyist's employer;

(c) The duration of his employment;

(d) His compensation for lobbying; how much he is to

be paid for expenses, and what expenses are to be reimbursed; and a full and particular description of any

agreement, arrangement, or understanding according to

which his compensation, or any portion thereof, 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

whether he is a regular employee performing services for

his employer which include but are not limited to the

influencing of legislation;

(0 The general subject or subjects of his legislative

interest;

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

(h) The name and address of the person who will have

custody of the accounts, bills, receipts, books, papers,

and documents required to be kept under this chapter;

(i) If the lobbyist's employer is an entity (including,

but not limited to, business and trade associations)

whose members include, or which as a rentesentative

entity undertakes lobbying activities for,' businesses,

groups, associations, or organizations, the name and address of each member of such entity or person represented by such entity whose fees, dues, payments, or

other consideration paid to such entity during either of

the prior two years have exceeded five hundred dollars

or who is obligated to or has agreed to pay fees, dues,

payments, or other consideration exceeding five hundred

dollars to such entity during the current year.

(2) Any lobbyist who receives or is to receive compensation from more than one person for his services as

a lobbyist shall file a separate notice of representation

with respect to each such person; except that where a

lobbyist whose fee for acting as such in respect to the

same leg.islation or type of legislation is, or is to be, paid

or contributed to by more than one person then such

lobbyist may file a single statement, in which he shall

detail the name, business address and occupation of each

person so paying or contributing, and the amount of the

(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 Measure No.

276, approved November 7, 1972).]

Sunset Act application: 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

submit to the commission a recent photograph of himself

of a size and format as determined by rule of the commission, together with the name of the lobbyist's employer, the length of his employment as a lobbyist before

the legislature, a brief biographical 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' booklet revolving fund" which shall consist of

all receipts from sales of the booklets described in subsection (1) of this, section. This fund shall be used for

expenses of production and sale of such booklets and for

no other purpose. [1982 c 147 § 11; 1975 lst ex.s. c 294

§ 21.] .

Sunset Act application: 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, and 42.17.200:

(1) Persons who limit their lobbying activities to appearing before ~ublic ~essions of committees of the legislature, or publtc hearings of state 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, public official,

or state agency without incurring any registration or reporting obligation provided they do not exceed the limits

(Cb. 42.17RCW-p II) II
42.17.160 Disclosure -~

stated above. Any person exempt under this subsection

(3) may at his option register and report under this

chapter;

(4) Persons who restrict their lobbying activities to no

more than four days or parts thereof during any threemonth period and whose total expenditures during such

three-month period for or on behalf of anyone 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 under this subsection or their employers or entities

which sponsor or coordinate the lobbying activities of

such persons if it determines that such regulations are

necessary to prevent frustration of the purposes of this

chapter. Any person exempt under this subsection (4)

may at his option register and report under this chapter;

(5) The governor;

(6) The lieutenant governor;

(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 of legislation or the

performance of legislative duties;

(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 lst ex.s. c 294 § 9; 1973 c 1 § 16 (Initiative Measure No. 276, approved November 7, 1972).]

SuDset Act appUcation: See note following RCW 42.17.350.

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

RCW 42.17.170 Reporting by lobbyists. (1) Any

lobbyist registered under RCW 42.17.150 and any person who lobbies shall file with the commission periodic

reports of his activities signed by the lobbyist. The reports shall be made in the form and manner prescribed

by the commission. They shall be due monthly and shall

be filed within fifteen days after the last day of the calendar month covered by the report.

(2) Each such monthly periodic report shall contain:

(a) The totals of all expenditures made or incurred by

such lobbyist or on behalf of such 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 entertainment including any portion

thereof attributable to the lobbyist's participation

therein but without allocating any portion of such expenditure to 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 incurred directly for lobbying;

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

accommodations; .

(iii) Any expenses incurred for his or her own travel

to and from hearings of the legislature;

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

for staff and secretarial assistance.

(b) In the case of a lobbyist employed by more than

one employer, the proportionate amount of such expenditures in each category incurred on behalf of each of his

employers.

(c) An itemized listing of each such expenditure in the

nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any agency, or any

political committee supporting or opposing any ballot

proposition, or for or on behalf of any candidate, elected

official, or officer or employee of any agency, or any

political committee supporting or opposing any ballot

proposition. All contributions made to, or for the benefit

of, any candidate, elected official, or officer or employee

of any agency, or any political committee supporting or

opposing any ballot proposition shall be identified by

date, amount, and the name of the candidate, elected

official, or officer or employee of any agency, or any

political committee supporting or opposing any ballot

proposition receiving, or to be benefited by each such

contribution.

(d) The subject matter of proposed legislation or other

legislative activity or rule-making under chapter 34.04

RCW and chapter 28B.19 RCW (the state administrative procedure acts) and the state agency considering the

same, which the lobbyist has been engaged in supporting

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

November 7,1972).]

SlIIISet Act application: See note following RCW 42.17.350.

Effective date--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 chapter during the preceding calendar year 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,

joint venture, association, union, or other entity in which

such person holds any office, directorship, or any general

(1983 Laws)

<; •••/

,,-..'

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Disclosure

.-.

42.17.190

,~. :

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partnership interest, or an ownership interest of ten 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 of influencing, 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 or otherwise..

(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 of each registered lobbyist

employed by such employer.

(6) Such other information as the commission shall by

rule prescribe. [1975 1st ex.s. c 294 § II; 1973 c I § 18

(Initiative Measure No. 276, approved November 7,

1972).]

Sunset Act application: 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 every committee of 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 legislator or

committee during the preceding quarter. The reports

shall be made 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 is available, by the chief clerk of the house

of representatives or by the secretary of the senate on a

form prepared by the commission.

(2) Unless authorized by subsection (3) of this section

or otherwise expressly authorized by law, no public

funds may be used directly or indirectly for lobbying:

Provided, This does not prevent 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 for legislative action or 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 subsection does not apply to the legislative branch.

(3) Any agency, not otherwise expressly 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 of the agency to any elected official

or officer or employee of any agency: Provided, That

public funds may not be expended as a direct or 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 a voluntary transfer of any thing of value without consideration of equal

or greater value, but does 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

permit the printing of a state publication which has been

otherwise prohibited by law.

(4) Each state agency, county, city, town, municipal

corporation, quasi-municipal corporation, or special

purpose district which expends public funds for lobbying

shall file with the commission, except as exempted by

subsection (4)(d) of this section, quarterly statements

providing the following information for the quarter just

completed: ~::;-

(a) The name of the agency filing the statement; '.'

(b) The name, title, and job description and salary of:

each elected official, officer, or employee who lobbied, a

general description of the nature of the lobbying, and

the proportionate amount of time spent on 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 other publications, the principal purpose of which is

to influence legislation;

(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 of financial management to the legislature for appropriations other than

its own agency budget requests;

(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 agency on a particular subject;

(iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis

by a state agency as required by law;

(iv) Requests, recommendations, or other communication between or within state agencies or between or

within local agencies;

(v) Any other lobbying to the extent that it includes:

(A) Telephone conversations or preparation of written

correspondence;

ICb. 42.17RCW-t» 131 I:J
42.17.190 Disclosure . .- -~

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

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

more than four days or parts thereof during any threemonth period by officers or employees of that agency

and in-person lobbying by any elected official of such

agency on behalf of such agency or in connection with

the powers, duties, or compensation of such official:

Provided, That the total expenditures of nonpublic funds

made in connection 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

state of Washington do not exceed fifteen dollars for any

three-month period: Provided further, That the exemption under this subsection is in addition 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, that elected officials, officers, or employees who

on behalf of any such local agency engage in lobbying

reportable under subsection (4) of this section shall register and report such reportable lobbying in the same

manner as a lobbyist who is required to register and report under RCW 42.17.150 and 42.17.170. Each such

local agency shall report as a lobbyist employer pursuant

to RCW 42.17.180.

(6) The provisions of this section do not relieve any

elected official or officer or employee of an agency from

complying with other provisions of this chapter, if such

elected official, officer, or employee is not otherwise

exempted.

(7) The purpose of this section is to require each state

agency and certain local agencies to report the identities

of those persons who lobby on behalf of 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 construed to accomplish that purpose and not to require any

agency to report any of its general overhead cost or any

other costs which relate only indirectly or incidentally to

lobbying or which are equally attributable to or inseparable from nonlobbying activities of the 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. c

313 § 6; 1975 1st ex.s. c 294 § 12; 1973 c I § 19 (Initiative Measure No. 276, approved November 7, 1972).]

SUDSet Act appUcation: See note following RCW 42.17.350.

Effectiye date--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, not reported

under other sections of this chapter, exceeding five hundred dollars in the aggregate within any three month

period or exceeding two hundred dollars in 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

lobbying campaign.

(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 persons organizing and managing the campaign, or

hired to assist the campaign, including any public relations or advertising firms participating in the campaign,

and the terms of compensation for all such persons.

(c) The names and addresses of all persons contributing to the campaign, and the amount contributed by

each contributor.

(d) The purpose of the campaign, including the specific legislation, rules, rates, standards or proposals

which are the subject matter of the campaign.

(e) The totals of all expenditures made or incurred to

date on behalf of the campaign, which totals shall be

segregated according to financial category, including but

not limited to the following: advertising, segregated by

media, and in the case of large expenditures (as provided

by rule of the commission), by outlet; contributions; entertainment, including food and refreshments; office expenses including rent and the salaries and wages paid for

staff and secretarial assistance, or the proportionate

amount thereof paid 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

made during the month, in the same manner as 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).]

Sunset Act 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 or required to be registered

rr:»;

. )

-t,..•i
Disclosure 42.17.240

!-...,..'~

as a lobbyist under this chapter employs, or if any employer of any person registered or required to be registered as a lobbyist under this chapter, employs any

member of the legislature, or any :nember of any state

board or commission. or any employee of the 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 of the person to be

paid thereunder, and the amount of payor consideration

to be paid thereunder. The statement shall be filed

within fifteen davs after the commencement of such 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 a violation of this chapter for any person

to employ for payor any consideration, or payor agree

to pay any consideration 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).]

Sunset Act application: See note .following RCW 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 of his 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 of his employmern contract to turn any records over to his employer, responsibility for the preservation of such records

under this subsection shall rest with such employer.

(2) In addition, a person required to register as a lobbyist shall 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 of any bill or

amendment thereto for the purpose of thereafter 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 employer of such adverse interest;

(e) Exercise any undue influence, extortion, or unlawful retaliation upon any legislator by reason of such 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).]

Sunset Act application: See note following RCW 42.17.350.

REPORTING OF ELECTED OFFICIALS

FINANCIAL AFFAIRS

RCW 42.17.240 Elected and appointed officials reports of financial 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 chief administrative 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 of the gambling commission,

the director of the 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 of the':

interagency committee for outdoor recreation, the direc/

tor of parks and recreation, the executive secretary of

the board of prison terms and paroles, the administrator

of the public disclosure commission, the director of retirement systems, the secretary of the utilities and transportation commission, the executive secretary of the

board of tax appeals. the secretary of the 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

of each state community college, each professional staff

member of the office of the governor, each professional

staff member of the legislature, and each member of the

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 of prison terms and paroles, public disclosure commission, public employees'

retirement system board, public pension commission,

University of Washington board of regents, Washington

State University board of regents, board of tax appeals,

teachers' retirement system board of trustees, Central

Washington University board of trustees, Eastern

Washington University board of trustees, The Evergreen

State College board of trustees, Western Washington

[Cb. 42.17 RCW-p 15]

/f-
42.17.240 Disclosure

-- - - --- - _. - .~--~ -----_._- -~------- - -- ---- - - - - - - ---

I

i

I

I

I

I

I

University board of trustees, board of trustees of each

community college, state housing finance commission,

and the utilities and transportation commission, 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 of president, vice president,

and precinct committeeman) shall, within two weeks of

becoming a candidate or being appointed to 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 himself and all members

of his immediate family: Provided, That no individual

shall be required to file more than once in any calendar

year: Provided however, That a statement of a candidate

or appointee filed during the period January Ist to April

15th shall cover the period from January 1st of the 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

covering the entire preceding calendar 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 time during such period; each other item of intangible personal property in which any such person or persons owned a direct financial interest, the value of 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

reporting period; 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

amount of each debt owed to each creditor as of the date

of filing; the terms of repayment of each 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 be reported; 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,

That for the purposes 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

staff member 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. 41.17 RCW-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 interest of ten percent or 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 other business or commercial

entity from which such entity has received compensation

in any form in the amount of two thousand five hundred

dollars or more during the preceding twelve months and

the consideration given or performed in exchange for

such compensation: Provided, That the 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 bank or commercial lending institution and the average monthly balance of each 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 staff member, or all interest paid by a borrower

on loans from and all interest paid to a depositor by such

bank or commercial lending institution if such interest

exceeds six hundred dollars; and

(h) A list, including legal or other sufficieru ut:s~riptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of

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 in exchange for such interest; and

(i) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of

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

{I 983-Laws). -

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...-...

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Disclosure 42.17.243

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U) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of

which exceeds two thousand five hundred dollars in

which a direct financial interest was held: Provided,

That if a description of such 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 property in the state of Washington, the assessed valuation of

which exceeds five thousand dollars, in which 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 amount is required to be reported under

subsection (I), paragraphs (a) through (k) of this 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 be reported by number of shares instead of by

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).]

Sunset Act application: See note following RCW 42.17.350.

Severability-Effective dates-1983 c 161: See RCW

43.180.903 and 43.180.904.

Severability-1982 c 10: See note following 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 of RCW

42.17.240, any local elected official whose term of office

expires immediately after December 31st shall file the

written sworn statement required 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--1979 ex.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 payment or in any other manner so

as to effect concealment except that the commission may

issue categorical and specific exemptions to the reporting

of the actual source when there is an undisclosed principal for recognized legitimate business purposes. [1977

ex.s. c 336 § 4.] .

Sunset Act 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 n pu blic office fund" and shall not be

transferred to a political committee nor used to promote

or oppose a candidate or ballot proposition, other than as

provided by subsection (3) (a) of this section. For th'~:.

purposes of this section contributions shall include reim-': .

bursernents from or payments by persons, other than the:

state of Washington or any agency, for travel expenses.

A report shall be filed during the month of January of

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 of each contributor;

(b) A description of each contribution, including the

date on which it was received and its amount or, if its

dollar value is unascertainable, an estimate of its fair

market value; and

(c) A description of each expenditure made from a

public office fund, including the name and address of the

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 entertainment given 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 be disposed of in one or more of the

following ways:

ICb. 42.17 RCW-p 17)
42.17.243 Disclosure '"

'.. }- e ,

(a) Returned to a contributor in an amount not to exceed that contributor's original contribution; or

(b) Donated to a charitable organization registered in

accordance with chapter 19.09 RCW; or

(c) Transferred to the state treasurer for deposit in

the general fund. [1977 ex.s. c 336 § 5.]

SuMet Act application: See note following RCW 42.17.350.

Se.,erability-1977 ex.s, c 336: See note following RCW

42.17.040.

REPORTING BY PUBLIC TREASURERS

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, or ownership interest; or

(2) A report disclosing for the previous calendar year:

(a) The name and address of each financial institution in

which the treasurer or, in the case of a county, a member of the county finance committee, held during the 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) the aggregate sum of time and demand 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

statement or report required by this section shall 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.]

SlIIISet Act application: See note following RCW 42.17.350.

PUBLIC RECORDS

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

of such local, agency, for guidance of the 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 or requests, or obtain cop- ies of agency 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 of procedure;

(d) Substantive rules of general applicability adopted

as authorized by law, and statements of general policy or

interpretations of general applicability formulated and

adopted by the agency: and

(e) Each amendment or revision to, or repeal of any of

the foregoing.

(2) Except to the extent that he 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 published or displayed. [1973 c 1 § 25 (Initiative

Measure No. 276, approved November 7, 1972).]

RCW 42.17.260 Documents and indexes to be made

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

prevent an unreasonable invasion of personal 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 identifying information as to the following records

issued, adopted, or promulgated after January 1, 1973:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication

of cases;

(b) Those statements of policy and interpretations of

policy, statute, and the Constitution which have been

adopted by the agency;

(c) Administrative staff manuals and instructions to

staff that affect a member of the public;

(d) Planning policies and goals, and interim and final

planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies,

and any other factual information derived from tests,

studies, reports, or surveys, whether conducted 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 determine or opine upon, the rights of 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 in that

event:

(a) Issue and publish a formal order specifying the

reasons why and the extent to which compliance would

unduly burden or interfere with agency operations; and

(I98} Laws)

A

.~')~ .~..,~.l

/~
--~.

Disclosure 42.17.310

RCW 42.17.270 Facilities for copying--Availability of public records. Public records shall be available

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 the copying of public records except when and to the extent that this 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 for agency use.

(4) A public record may be relied on, used, or cited as

precedent by an agency against a party other than an

agency and it may be invoked by the agency for any

other purpose 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: Provided further, That such recognition may be refused only for a

good cause pursuant to a hearing under the provisions of

chapter 34.04 RCW. [1975 1st ex.s. c 294 § 14; 1973 c

I § 26 (Initiative Measure No. 276, approved November

7, 1972).]

..~~":. ..

V

RCW 42.17.280 Times for inspection and copying.

Public records shall be available for inspection and

copying during the customary office 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 differen t 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-1982 c 208: See RCW 42.40.900.

RCW 42.17.300 Charges for copying. No fee shall

be charged for the inspection of public records. 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 and copying:

(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:

right to privacy.

(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the

disclosure of the information to other persons would violate the taxpayer's right to privacy or would result in

unfair competitive disadvantage 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 is essential to

effective law enforcement or for the protection of any

person's right to privacy.

(e) Information revealing the identity of persons who

file complaints with investigative, law enforcement, or

penology agencies, other than the public disclosure commission, 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 candidate for public office must be made in writing and signed by the complainant under oath.

[eb. 42.17 RCW~ 19) /1
42.17.310 Disclosure

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or

academic examination.

(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 project or prospective sale is abandoned or until

such time as all of the 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

the request for disclosure when disclosure would produce

private gain and public 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

cited by an agency in connection with any agency action.

U) Records which are relevant to a controversy to

which an agency is a party but which records would not

be available to another party under the rules of pretrial

discovery for causes pending in the superior courts.

(k) Records, maps, or other information identifying

the location of archaeological sites in order to avoid the

looting or depredation of such sites.

(I) Any library record, the primary purpose of which

is to maintain control of library materials, or to gain access to information, which discloses or could be used to

disclose the identity of a library user.

(m) Financial information supplied by or on behalf of

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 or improvement as 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 identifiable person or persons.

(3) Inspection or copying of any specific records exempt under 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

thereof to 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, inspection of any public record shall include a statement of

the specific exemption authorizing the withholding of

the record (or part) and a brief explanation 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 records of special inquiry judge: RCW 10.29.090.

certain criminal records: Chapter 10.97 RCW.

certificate submitted by physically or mentally disabled person

seeking a driver's license: RCW 46.20.041.

examination reports of the supervisor of banking and supervisor of

savings and loan associations: RCW 30.04.075, 31.12.325, 32-

.04.220, 33 04.110.

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.

investigative information: RCW 43.43.856.

salary and fringe benefit survey information: RCW 288.16.110,

41.06.160.

sales reports of commercial 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 be required 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, the terms of which restrict or regulate public 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 a written statement of the specific reasons

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

of inspection and shall constitute final agency action for

the purposes of judicial review. [1975 1st ex.s. c 294 §

18; 1973 c I § 32 (Initiative Measure No. 276, approved

November 7,1972).]

RCW 42.17.330 Court protection of public records.

The examination of any specific public record may be

enjoined if, upon motion and affidavit, the superior court

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 1st ex.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 is maintained may require the responsible agency

to show cause why it has refused to allow inspection or

(1983 Laws)

"-, !

... -''/

,.;-:..... T" ."

G
Disclosure 42.17.370

-r-t-

\ff~}

copying of a specific public record or class of records.

The burden of proof shall 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 be de 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 court to 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 November 7, 1972).]

ADMINISTRATION AND ENFORCEMENT

RCW 42.17.350 Public disclosure commissionEstablisbed--Membersbip--Compensation, travel

expenses. There is hereby established a "public disclosure commission" which shall be composed of five members who shall be appointed by the governor, with the

consent of 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 his tenure, shall (I) hold or campaign for elective

office; (2) be an officer of 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

of the 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 thereof spent in performance of his

duties as a member of the commission, and in addition

shall be reimbursed for travel expenses incurred while

engaged in the business of the commission as provided in

RCW 43.03.050 and 43.43.060 as now or hereafter

amended. The compensation provided pursuant to this

section shall not be considered salary for purposes of the

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 November 7, 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, 42.17.150 through 42-

.17.245,42.17.350 through 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 of bookkeeping 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 whether properly completed statements

and reports have, been filed within the times required by

this chapter;

(5) Upon complaint or upon its own motion, investigate and report apparent violations of this chapter to the

appropriate law enforcement authorities;

(6) Prepare and publish an annual report to the

governor as to the effectiveness of this chapter and its

enforcement by appropriate law enforcement authorities;

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).]

Sunset Act application: See note following RCW 42.17.350.

RCW 42.17.370 Commission-Additional powers.

The commission is empowered to:

(I) Adopt, promulgate, amend, and rescind suitable

administrative rules and regulations to carry out the policies and purposes of this chapter, which rules and regulations shall be promulgated pursuant to the provisions

of chapter 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. 42.17 RCW-p 211
Disclosure

concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this

chapter;

(3) Make from time to time, 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 other proceeding under this chapter;

(6) Adopt and promulgate a code of fair campaign

practices;

(7) Relieve, by published regulation of general applicability, candidates or political committees of obligations

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 influence the 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 suspend or modify any of the reporting

requirements hereunder in a particular case :: it finds

that literal application of this chapter works a manifestly

unreasonable hardship and if it also finds that such suspension or modification will not frustrate the purposes of

the chapter. The commission shall find that a manifestly

unreasonable hardship exists if reporting 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 interest of ten percent or more.

Any suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The

commission shall act to suspend or modify any reporting

requirements only if it determines that facts exist that

are clear and convincing proof of the findings required

hereunder. Any citizen shall have standing to bring an

41.17.370 .- . .~

J

action in Thurston county superior court to contest the

propriety of any order entered hereunder within 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).]

Sunset Act application: See note following RCW 42.17.350.

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

42.17.040.

RCW 42.17.375 Reports filed witb county elections

official-Rules governing. With regard to the reports

required by this chapter to be filed with a county auditor

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 of candidates or political committees and

by the ballot proposition 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 assistant attorney general to

carry out any function of the attorney general prescribed

in this chapter. [1982 c 35 § 196; 1975 1st ex.s, c 294 §

26; 1973 c 1 § 38 (Initiative Measure No. 276, approved

November 7, 1972).]

Sunset Act application: See note following RCW 42.17.350.

Intent~verability-Effective dates-Applicati_I982

c 35: See notes following 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 by court order in addition to any

other remedies provided by law:

(a) If the 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 result of 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 is intended

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 thousand dollars 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 to report. '

(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--Judicial review--Petition for

order of enforcement. (1) The commission may (a) determine whether an actual violation of this chapter has

occurred; and (b) issue and enforce an appropriate order

following such determination.

(2) The commission, in cases where it chooses to determine whether an actual violation of this chapter has

occurred, shall hold a contested case hearing pursuant to

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

under this 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 a violation and in

addition, or alternatively, may impose one or more of the

remedies provided in RCW 42.17.390(1) (b), (c), (d), or

(e): Provided, That no individual penalty assessed by the

commission may exceed two hundred fifty dollars, and in

any case where multiple violations are involved in a single complaint or hearing, the maximum aggregate penalty may not exceed five hundred dollars.

(5) An order issued by the commission under this section shall be subject to judicial 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 competent jurisdiction 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. [1982 c 147 § 16;

1975-'76 2nd ex.s. c 112 § 12.]

(1983 Laws)

Sunset Act application: See note following RCW 42.17.350.

RCW 42.17.397 Procedure upon petition for enforcement of order of commission---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 respondent to appear at a time designated in the order, not

less than five days from the date thereof, 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) That the commission's order is unsatisfied; and

(b) That the order is regular on its face; and

(c) That the respondent's answer discloses no valid

reason why the commission's order should not be enforced or that the respondent had an appropriate remedy

by review under RCW 34.04.130 and failed to avail

himself of that remedy without valid 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 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 appellate courts by certiorari or other appropriate proceeding>

(4) The court's order of enforcement, when entered;·

shall have the same force and effect as a civil judgment.;

[1982 c 147 § 17; 1975-'76 2nd ex.s. c 112 § 13.]

Sunset Act application: See note following RCW 42.17.350.

RCW 42.17.400 Enforcement. (l) The attorney

general and the prosecuting authorities of political subdivisions of this state may bring civil actions in the name

of the st~t~ for any appropriate civil remedy, including

but not limited to the special remedies 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 attendance of any person to obtain such information

1Cb. 41.17 RCW-p 13)

23
42.17.400 Disclosure

or the production of the 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. Such order shall have the same force and

effect as a subpoena, shall be effective state-wide, and,

upon application of the attorney general or said prosecuting authority, obedience to the order may be enforced

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 of any

person aggrieved by the order, shall have the right to alter, amend, revise, suspend, or postpone all or any part

of its 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 appellate courts by certiorari or 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 of this chapter is being or has

been violated may himself bring in the name of the sta te

any of the actions (hereinafter referred to as a citizen's

action) authorized under this chapter. This citizen 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 of receipt of said second notice. If the

person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but he shall be

entitled to be reimbursed by the state of Washington 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 under this 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 the judgment, which shall for this

purpose include the costs, may be. trebled as punitive

damages. If damages or trebled damages are awarded in

such an action brought against a lobbyist, the judgment

may be awarded against the lobbyist, and the lobbyist's

employer or employers joined 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 court to 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

of chapter until January I, 1986, for candidates, elected

officials, political committees, and agencies in small jurisdictions-Voiding of suspension. (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, and agencies

in jurisdictions with less than one thousand registered

voters as of the date of the most recent general election

in the jurisdiction. 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 ballot propositions.

(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 of the most recent general

election in the jurisdiction, 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. The commission, 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 of the

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. If the 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 of the order.

(4) Any person exempted from reporting by the suspension under this section may at his or her option file

the statement and reports. [1982 c 60 § I.]

Sunset Act application: 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 November 7, 1972).]

RCW 42.17.420 Date of mailing deemed date of receipt--Exception. When any application, report,

statement, notice, or payment required to be made under

(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

of mailing. The provisions of this 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).]

Sunset Act 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 of the 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 November 7, 1972).]

RCW 42.17.450 Duty to preserve statements 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

statements or reports for not less than ten years. [1973 c

1 § 45 (Initiative Measure No. 276, approved November

7, 1972).]

Sunset Act application: See note following RCW 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).]

Sunset Act application: See note following RCW 42.17.350.

RCW 42.11.900 Effective date--1973 c 1. The

effective date of 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, the remainder 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. If any 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 of the provision to other persons or circumstances is not affected.

[1975 1st ex.s, c 294 § 29.]

RCW 42.17.912 Se~erability--197S-'762nd ex.s,

c 112. If any provision of this 1976 amendatory act, or

(1983 Laws)

its application to any person or circumstance is held

invalid, the remainder of the act, or the application of

the provision to other persons or circumstances is not

affected. [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

of law. Chapter and section captions or headings as used

in this act do not constitute any part of the law. [1973 c

1 § 48 (Initiative Measure No. 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, Laws of 1967 ex. sess. and RCW 44.64 [chapter

44.64 RCW]; and chapter 82, Laws of 1972 (42nd Leg.

2nd Ex. Sess.) and Referendum Bill No. 24; and chapter'

98, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 25 are each 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)