./



# • Chapter42.1"1, RCW DISCLOSURE--CAMPAIGNFINANCES-- LOBBYING--RECORDS**REPORTI~G** BY PLBLIC TREASLRERS 42.1"**:4~** Public recounts 0; governrnenrat enuues hcld**~\** 'inan·

.:IaI msmuuons-c--e-Srarements ana repons--Cvn. tcnts--Filing. PIJBLlC RECORDS Duty to publish procedures. Invasion 0; privacy. '"hen. Documents and indexes to be made public. Facrliues for copying--Avallab,loty0; public records. Times ior Inspection and copy109

. Protecuon of public records--Public access. Desuucuon vf mformauon**'~!lllng** :0 em ptov ce

misconduct. Charges for copyrng. Certain personal and other records exempt. Duty to disclose or withhold IO;ormallon--Olherwlsc

provided. Electrical utility records. request by la'" enforcement

agency.

. Certarn records obtained by colleges. umversrues. librarres,or arcruves exempt. Certain records ofimpaired**~hvslclan** orograrn exempt lnformauon on cornmerciat .eruhzer distribuuon

exernor. lnforrnaucn on concealed pistol ucenses evernot . Certa m records 0f rnvestrnent Jpportunll,b ot'Iice

evernot. Prompt responses required. Court ororecuon ofpublic recorcs. Judicia: review of agency actions.

TECHNICAL PRovISIO"S Eifccllve datc--1973 c I. $evcraol!it\'--1973 c I**SevcrJb"It~'--19'75** 1st ev.svc 290l Severab,lity--1975-**~6** 2nd ex.s.,; 112. Conslructlon--I973 c I. Chapter. section headings not part oflaw POLITICAL ADVERTISI'G Defimuons. Idenuficauon of sponsor--Evernpuons, Piciure Jr" candidate. Furse oouuca: adverusmg. Resoonsrbiluv for compliance. ....D\1I"ISTR

....TIO"l

...**~D** E"-FORCE\lE"T Pubuc disclosure commlss'on--Establoshcd--

\icmbershlp---Compensallon. travel expenses. Comrmssion-e-c--Duues. Commlsslon--Additional powers. Reports tilcd with county etecuons 0r"ficlal--Rules

gover-ung. Seer

.._.: 01 state. attorney general--Dullcs. Civ.l -ernedies and sancuons

. Vioiatlons--.Detcrmtnallon bv .;omm,sslon--hsu·

.ince Jnd enforcement vr" 'Jnicr--He;.trtng--Re.**ie~rJI--ludicIJI** rcvleW--?et't10n :'0r order 0r'

enrorcemenr. Procecure upon pennon lor enrorcemem or" order vr"

comrrussron-c--c-Court sorder .Jr" enrorcernent. Enrorcemem. Suscensron. reapplicauon vr" reoorung requrremenrs .n

small polo ucaIsubdivisrcns. Lirnuauon on acuons. Date .JI'flailing dcemed date or'rccclpt--E.\ccpllon. Cerruicauon of reports. Statements and reports public records. DUI\ :0 preserve statements .mo -ercns. 42.1 ;300 42.1**~.3** I0 42.17.3 II**~:.17** .900 JZ.I' 910 J2.1" 911 J2.i'7.912 1'2.17.920 42.17930 .&2.17.314

42.17.505 42.1 :.510 .&2.17.520 4Z.I-530 4Z.I'7S-lO 42.17.150 42.17.155 42.17.260 4Z.17.270 .&2.17.280 .&2.17.290 4:.:-:95

J2.1" JOO JZ.I' -«)5**~2.1-.J97** 42.17.316 42.17.317**~2.1'.318 ~2.17.319** 

42.1'.410 42.17420 J:17430 42.17.4-lO J2.174S0 42.17.360 42.17.370 42.1'1.J75 42.17.350 JZ.1 7.JZO 42.1".330 JZ.173-lO .&2.17.315

.&2.17.380 .&2.17.390 42.'".395 In;ormatlon--Booir.let-- Declarationof policy. Definitions.

CAMPAIGN FINANCING Appticability--Exceptions. Obligation of poliucal commmees to file statement 0r'

organizauon. Treasurer--Depositones. Deposit 0; conrnbuuons-c-c--Invesrrnem 01 campaign

funds. qualificatlons--Lnidcntlfied comnbuuons----Cuh contnbuuons. Filing and reponing by continuing poliucal cornrnutee. Fund-raising activities--Alternauve reporung

method. Expcnditures---Authorizationof and restrictions on. Candidates and treasurers duty to report conrnbuuons

and expenditures. Contents0; report. Disposal0; surplus funds. Special reports--Indcpendentcampaign expenditures Special reports. late contributions over five nundrec J01·

lars--Certaln late conmbuuons prohibued. Commercia: 1dvertlscrs--Documcnts and**:>OO~;** .Jr'

account open for public inspecnon-c-e--Detiverv JI :00- ,es to commrssron upon request. Idenuficauon 01conmbuuons and ccmrnurucauons. Personal use 0; contnbuucns-c--e-When permutec. Forbids 11K of public office or agency facrliues .n

campaiglU. Earmarkedcontributions. Sections 42.17.010 42.17.020

42.17.2401 42.17.241 42.17.242 LOBBYIST REPORTING Regisrrauon oflobbyists. Photograph and

Pubticaucn. Exempuon from registrauon. Reportmg bv lobbvrsts. Special reports--L.lte ccnrnbuuons over five -iuncrec

dollars. Reports**b~'** employers of registered lobbyists. Legislauve acuvrues or' state agencies. other units 01

government. elecuve officials. emplovees. Grass roots lobbvlng campaigns. Employment of legislators. board or ccmrmssron mcmbers, or state emplovees-c-e--Svatement. contents rnc filing. 42.1 .220 Employmcnt 0; unregistered persons. 42.17.230 Lobbyists' duties. restrictions.**REPORTI~G** OF PLBLIC OFFICIALS FI"-A:-.CIAL

....FF

...IRS 42.17.240 Elected and appomted officrats. candidates, and aooomtccs--Rcports of financial affarrs.

•Executive stalC officcr' Jelincd. Contents0; rcport. Concealing ,dentlty0; source 01 pavrnent prohlblled--

Exceeuon. Public orfice :und--What constuures. resrncuons In

use--RcDOrtlng of--D.sposal of rernaining funds. 42.17.030 42.17.040

42.17.050 42.17.060

42.11.065 42.17.067

42.17.070 42.17.080

42.17.090 42.17.095 42.11.100 42.11.105

42.17.110

42.17.120 

# • 42.17.125 42.17.130

42.17.135

42.17.150 42.11.155

42.17.160 42.17.170 42.17.PS

42.17.180 42.17.190

42.17.200 42.17.210



# •

(1989 Lawsl 

### leb.42.17 RCW-p II

### Chapter 

### "2.17 

# 1------

----- --**-'-~-**

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



### I I Disclosure

.l2.17.940 Repealer--1973 c l. 42.17.945' Construction--197S-'76 2ndeu. c 112.
Information held private and confidential--Requesu for disclosure:

RCW SO.I3.01S. \of.ten.1s specifiaJly authorized to be printed and distributed by secretary 0(**st~te:** RCW 43.07.140. Providing factual informationon**boun~ry** changes: RCW**35.~** 1.390.



### RCW 

### 42.17.010 Declaration of 

### policy. It is hereby declared by the sovereign people to be the public policy of the state ofWashington: ( 1) That political campaign and lobbying contributions and expenditures be fully disclosed to the public and that secrecy is to be avoided. (2) 

### That the people have the right to expect irom their elected representatives at all levels of government the utmost of integrity. honesty. and fairness in their dealings. (3) 

### That the people shall be assured that the private financial dealings oftheir public officials. and ofcandidates for those offices. present no conflictofinterest between the public trustand private interest. (4) 

### That our representative form of government is founded on a beliefthat those entrusted with the offices ofgovernment have nothing to fear from full public disclosure oftheir financial and business holdings. provided those officials deal honestly and fairly with the people (5) 

### That public confidence ingovernment at all levels isessential and must be promoted by all possible means. (6) That public confidence ingovernment at all 'eve is

can best be sustained by assuring the people of the .mpartiality and honesty of the officials in all public .r ansactions 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 Lnited States. and in consequence thereof. it is desirable to have implementing legislation at the state level. (8) That the concepts of disclosure and limitation JI

### election campaign financing are established by the passage of the Federal Election Campaign Act of 19-:**'J~'** 

### the Congress of the Lnited States. and in consequence thereofit isdesirable to 

### have implementing legislation .It the state level. (9) That small contributions by individual 

### corur.butors 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. (II) That. mindful oi the right of Individuals to prrvacy and of the desirability of the efficient adrmrustrauon ofgovernment. full access toinrorrnauon concerrung the conduct of government on every level must be 

### assured JS J fundamental and necessary precondition to 

### the sound governance ofa free SOCIety. The provisions of this chapter shall be liberally construed to promote complete disclosure oi all inforrnauon 

### respecting the financing of political campaigns and lobbying. and the financial affairs of elected officials and candidates. and full access to public records so JS to assurecontinuing public confidenceoffairness ofelectiOnso and governmental processes. and so as to assure that the public interest will be fully protected. Inpromoting such complete disclosure. however. this chapter shall be 

### en-' forced so as' to insure that the information disclosed will not bemisused forarbitrary and capricious purposes and
to insure that JII persons reporting under this chapter will be protected rrorn 

### harassment and unfounded allegations based on Information they have freely disclosed. [1975 l

### st 

### ex.s. c**:9~** 

### § 

## r. 1973 

### c I 

### § I i

### Inuiarive Mea

### sure No. 276. approved November i. 1972).1

SuIl:MC Act.""inriOft: Seenote follow,ng RCW .l2.1'.J50



### RCW 

### "2.17.010 Definitions, I 11 

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

### (2) 'Ballot prooosition' means**Jn~** 

### 'measure' as defined by RCW :'101.110. 

### or any 

### .ruuauve. recall. or referendum 

### propcsruon proposed to 

### be submuted to 

### the voters of the sta;e or any municipal corporauon. political subdivision. or ot ner voting consuruencv irom and liter the time when ·.:le proposition has oeen irutiallv 

### filed with the.appropriate electio.nofficer of

### that**constituenct~** 

### pnor to Its 

### circura

### non forsignatures. ",_.) (3) 

### 'Depository' means a bank designated by a candidate or political committee pursuant to RCW**~2.17.050. (~)**  

### 'Treasurer' .ind •deputy treasurer' mean the individuals appointed bv 

### J candidate or political committee. pursuant :0 

### RCW**~2.17.0~0.** 

### to perform the duties specified inthat section. ()) "Candida:e' means any individual who seeks election to pubi:c otfice

..An individuai 

### shall be deemed
to seek election

....ncn he first: (a) Receives corunbuuons or makes expenditures or reserves space or .acilities with intent to promote his candidacy for ,)[·::.:e: 

### or (b) Announces publicly or files for office. (6) "Commercial advertiser' means any person who sells the service**~(** 

### communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use ofnewspapers. magazines. television and radio stations. oi..board companies. direct mati advertising companies. ;:nntlng companies. or otherwise. (7) "Comrrussion' means the agency established under RCW**.1~.1-** 

### :50. (8\ "Cornpe

### nsa uon ' unless the context requires .l



### narrower meaning. Includes payment In any iorm for real or personal property or services of any kind: 

### Provided. That for the purpose of compliance with RCC'\**~2.17.241.** 

### the term 'compensation' shall not inclu**1---------[C1L-~1;17-REW-1'-21------------------------------ L'-9J~_LaJNsJ**  _**--~- -~i** 

### Disclosure 

### 42.17.020



# •

•

• per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity. (9) "Continuing political committee" means a politicalcommitteethatis an organizationofcontinuing existence not established in anticipation of any particular election campaign. (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 fullconsideration. but does not include interest on moneys deposited in a political committee's account. ordinary home hospitality and the rendering of personal services of the sort commonly performed by volunteer campaign workers. or incidental expenses personally incurred by volunteer campaign workers not in excess of fiftydollars personallypaid for by the worker. Volunteer services. for the purposes of this chapter. means services or labor for which the individual is not compensated by any person. For the purposes of this chapter. contributions other than money or its equivalents shall be deemed to have a money value equivalent to the fair market value of the contribution. Sums paid for tickets
to fund-raising events such as dinners and parties are contributions: however. the amount of any such contribution may be 

### reduced for the purpose of complying with the reporting requirements of this chapter. by the actual cost ofconsumables furnished in connection with the purchase of the tickets. and only the excess over the actual cost of the consumables shall be deemed a contribution. (11) 

### "Elected official" means any person elected at a general or special election to any public office. and any person appointed to fill avacancy in any such office. (12) "Electic.;• 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 (Amendment63) of the Constitutionof the state ofWashington shall not be considered an election for purposes of this chapter. (13) "Election campaign" means any campaign in supportof or inopposition 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 ofassisting. benefiting. or honoring any public official or candidate. or assisting in furthering or opposing any election campaign. For the purposes of this chapter.

(1989 Laws) 

### agreements to make expenditures, contracts. and promises to pay may bereported as estimatedobligations 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. (15) "Final report" means the report described a, .1 

### 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. motions. amendments. nominations. and other matters pending or proposed in either house of the state legislature. and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that. having passed both houses. are pending approval by the governor. (18) "Lobby" and "lobbying" each mean attempting
to influence the passage or defeat of any legislation by the legislature of the state of Washington. or the adoption or rejection of any rule. standard. rate. or other legislativeenactmentof any stateagency under the state Administrative ProcedureAct. chapter 34.05 RCW: (19) "Lobbyist" includes any person who lobbies either in his own or another's behalf. (20) "Lobbyist's employer" means the person or persons by whom a lobbyist isemployed and all persons by whom he iscompensated foracting 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 personwho isthe' subject of a record or any representative designated by that person. except that if that person is under aIegal disability. the term "person in interest" means and includes 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. orother means of mass communication. used for the purpose ofappealing. 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 insupport of. or opposition to. any candidateor any ballotproposition. (25) "Public office" means any federal. state. county. city. town. school district. port district. special district.

or otherstate political subdivisionelective office. (26) "Public record" includes any writing containing information relating to the conductofgovernmentor the performance of any governmental or proprietary function prepared. owned. used. or retained by any-stare or 5b

ICh. 42.17 RCW-p 3)

### 42.17.020 Disclosure

local agency regardless of physical form or characteristics, (27) 'Surplus funds" mean, in the case ofa**poli~ical** committee or candidate, the balance of contributions that remain in the possession or control ofthat committee or candidate subsequent to the election for which the contributions were received. and that are inexcess of the
amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the

caseofa continuing political committee••surplus funds'

mean those contributions remaining in the possession or control of the committee that are in excess of the
amount necessary to pay all remaining debts when it makes its final reportunder RCW 42.17.065. (28) "Writing" means handwriting. typewriting. printing, photostating, photographing. an.d e.very other

means ofrecording 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 pluralandany gender. the other. as the context requires. [1989 c 280 

### § 1; 1989 c 175 § 89; 1984 c 34 § 5: 1979 ex.s, c 50 

### § I: 1977 ex.s. c 313 

### § I; 1975 lst ex.s. c 294 § 2; 1973 c 1 § 2 (Initiative Measure No. 276. approved November 7. 1972).)

Reflses"Snoce:This section wasamended by 1989 c 175 § 89and by 1989 c 280 § I. each withoutreferenceto the other. Bothamendments

are incorporated in the publication of this section pursuant to RCW \.12.025(2). For rule ofconstruction. seeRCW 1.12.025( I).

ElfeCtitedat_I989 e280: 'This act shall take effect January I. 1990.' [1989 c 280 § 14.)

Elfedhedar-l989 e 175: See note following RCW 34.05.010. Elfedhedat_lmex.s. e 313: 'This 1977amendatory act shall take effect onJanuary 1. 1978.' [1977 ex.s,c 313 § 9.]

Sfterability--1977 ex.s. e 313: 'If any provision of this 1977 amendatory act. or its application to any person or circumstance**~s** 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.]



## CAMPAIGNFINANCING

RCW 

### 4i.17.030 Applicability--Exceptions. The provisions of this chapter relating to the financing of election campaigns shall apply in all election campaigns other than (1) for precinct committee officer; (2)**~~r** a federal elective office; and (3) for an office of a political subdivision of the state that does not encompass a whole county and that contains fewer than five thousand registered voters as of the date of the most recent general election in the subdivision. unless required by RCW 42.17.405(2) through (5). [1987 c 295 

### § 18; 1986 c 12 

### § 1: 1985 c 367 

### § 2; 1977 ex.s, c 313 

### § 2; 1973 c 

### I 

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

Sunset Actappficatioa: See note following RCW 42.17.350. Effectin dat-senrability--1977 ex.s, c 313: See notes following RCW 42.17.020. Cemetery district commissioners exempt from chapter: RCW 68.52- .140.68.52.220.

RCW 

### 42.17.040' Obligation of political committeesc'::- to file statement of organization. (1) Every political committee, within two weeks after Its orgaruzauon or. within two weeks after the date when it first has the expectation of receiving**contrib~tions** or**makin~ expe~di**  tures 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.**o~** in the case ofanyotherpolitical committee, the county**l~ whlc~** **t~e** treasurer resides. A politicalcommitteeorganized within the last three weeks before an election and having the expectation of receiving contributions or making expenditures during and for that election campaign shall file a statement of organization within three business days after its organization or**~hen** it first.has the expectation ofreceiving contributions or making expenditures in the election campaign. (2) The statement of organization shall include but not be limited to: (a) The name and address ofthe committee:

.. (b) The names and addresses of all related or 

### affiliated committees or other persons. and the nature of the relationship or affiliation:

. (c) The names. addresses. and titles of its officers: or if it has no officers. the names. addresses. and titles of its responsible leaders; (d) The name and address of its treasurer and depository;

... 

# r"'-..\

. (e) A statement whether the committee IS a contlnu

# V
109 one;

. . (f) The name, office sought, and party affillat.lOn of each candidate whom the committee is supporttng or opposing, and, ifthe committee is supporting the entire ticketofany party. the name ofthe party:

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

. (h) What distribution of surplus funds Will be made, in accordance with RCW 42.17.095. in the event of dissolution; (i) The street address of the place**an~** the hours**du~­** ing which the committee will make available for publ!c inspection its books of account and all reports filed In accordance with RCW 42.17.080: and 

## U> Such other information as the**commissio~** may by regulation prescribe. in keeping with the policies and
purposes ofthis chapter.

., . . (3) Any material change 10**tnf?rm~t1on** previously submitted in a statement of orgaruzauon shall be reported to the commission and to the appropriate. county elections officer within the ten days following the change. [1989 c 280 § 2; 1982 c 147 § l ; 1977 ex.s, c 336 § 1; 1975 l

### st ex.s, ex.s, c 294 

### § 3; 1973 

### c I § 

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

Sunset Actapplicatioa: See note following RCW ·n.17.350. 

# 0

Effecti.edat_I989e 280: See note following RCW**~2.1** i.020.
J**H989-'=awsl-~--** -Disclosure 

### 42.17.065



# •

•

•**~erability--I977** exoS. e 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.) Forcodification of 1977 ex,s. c 336. see Codification Tables

. VolumeO.

Effecthedate---1973 c I: See RCW 42.17.900.



### RCW 42.17.050 Treasurer--Depositories. (I) Eachcandidate. within two weeks after becoming a candidate. andeach politicalcommittee. at the time it is requiredto file a statementoforganization. shall designate and file with thecommission and the appropriate county elections officerthe names and addresses of: (a) One legallycompetent individual. who may be the candidate. to serve as a treasurer; and (b) A bank. mutual savings bank, savings and loan association, or credit union doing business in this state to

serve as depository and the name ofthe account or accounts maintained in it. (2) A candidate. a political committee. or a treasurer may appoint as many deputy treasurers as is considered
necessary and may designate not more than one additional depository in each othercounty in which the campaign isconducted. Thecandidateor political committee shall file the names and addresses ofthe deputy treasurers and additional depositories with the commission and the appropriate county elections officer. (3) A candidate may not knowingly establish. use. direct. or control more than one political committee for the purpose of supporting that candidate during a particularelection campaign. This does not prohibit: (a) In addition to a candidate's having his or her own political committee. the candidate's participation in a political committee established to support a slate of candidates which includes the candidate; or (b) joint fund-raising efforts by candidates when a separate political committee is established for that purpose and all contributions

aredisbursed to and accounted for on a pro rata basis by the benefiting candidates. (4) (a) Acandidate or political committee may at any time remove a treasureror deputy treasurer or change a designated depository. (b) In the event of the death. resignation. removal. or change of a treasurer. deputy treasurer. or depository. the candidate or political committee shall designate and file with the commission and the appropriate county elections officerthe name and address ofany successor.

(5) No treasurer. deputy treasurer. or depository may be deemed to be in compliance with the provisions of this chapter until his name and address is filed with the commission and the appropriate county elections officer. [1989c 280 § 3; 1985 c 367 § 3; 1982 c 147 § 2; 1973 c I 

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

Sunset Actapplicarion: See note following RCW 42.17.350. Effecri,edate---I989 e 280: See note iollowing RCW 42.17.020.



### RCW 42.17.060 Deposit of contributions--Investment of campaign funds, qualifications-L'nidentified contributions--Cash contributions. (I) All

(1989 Laws) monetary contributions received by a candidate or political committee shall be deposited by the treasurer or deputy treasurer in a depository in an account esta.blished and designated for that purpose. Such deposits shall be made within five business days of receipt ofthe 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 acco.unt 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(I)(d)
may not be made from more than one such account. (3) Nothing in this section prohibits a candidate or political committee from investing funds on hand .in a depository in bonds. certificates. tax-exempt 

### secunues.

or savings accounts or other similar instruments in financial institutions or mutual funds other than the depository: 

### Provided. That the commission and the appropriate county elections officer is notified'in writing ofthe 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 aredeposited in the depository in the account from which the investment

was made and properly reported to the commission and the appropriate county elections officer prior to**an~.** furtherdisposition or expenditure thereof.-· (4) Accumulated unidentified contributions. '6.ther than those made by persons whose names must**be~ain** tained on a separate and private list by a political committee's treasurer pursuant to RCW 42.17.090(U(b). which total in excess of one percent of the total-accurnulated contributions received in the current calendar
year or three hundred dollars (whichever is more**);~,** may not be deposited. used. or expended. but shall**~e** returned to the donor. if his identity can be ascertained. If the donor cannot be ascertained. the 

### contribuuon'rshall escheat to the state. and shall be paid to the state treasurer for deposit in the state general fund. (5) A contribution of more than fifty dollars in currency may not be accepted unless a receipt. signed by the contributor and bv the candidate. treasurer. or deputy treasurer. is prepared and made a part of the campaign's or political committee's financial records. [[989 c 280 § 4: 1987 c 268 § 1: 1985 c 367 

### § 4: 1982 c 147 § 3; 1977 ex.s. c 313 § 3: 1975 1st ex.s. c 294 

### § 4: 1973 c 1 

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

°Re,iser's note: RCW 42.17.090 was amended by 1989 c ;80 § 9. and the previous subsection (IHd) was redesignated as subsection (IHe).

SWlSetAct application: See note following RCW 42.17.350. Effecri,edate---1989 e 280: See note following RCW 42.17.0;0. El'(ecli'e dale--Se.erability--1977 ex.s, c 313: See notes following RCW 42.17.020.



### RCW 42.17.065 Filing and reporting by continuing political committee. (1) In addition to the provisions of

ICh..&2.17 RCW-p 5)

### 42.17.065 Disclosure

this section. a continuing political committee shall file and reporton the sameconditions and at the same times

as any other committee in accordance with the provisions of

### RCW 42.17.040. 42.17.050. and 42.17.060. (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 ifeither the total contributions received or totalexpenditures made sincethe lastsuch report exceed
two hundred dollars. The report shall be on a form supplied by the commission and shall include the following information: (a) The information required by 

### RCW 42.17.090; (b) Each expenditure made to retire previously accumulated debts ofthe committee; identified by recipient. amount, anddate ofpayments; (c) Such otherinformation as thecommission shall by rule prescribe. 

### (3) 

### If a continuing political committee shall make a contribution in supportofor inopposition to acandidate

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 reportpursuantto 

### RCW 42.17.080. (4) A continuing political committee shall file reports

as required by this chapter until it isdissolved. 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 furtherreports. (5) The campaign treasurer shall maintain books of
account accurately reflecting all contributions and expenditureson acurrentbasis within five business davs of receipt or expenditure. During the eight days

### im~ediately preceding the date of any election. for which the committee has received any contributions or made anv expenditures. the books ofaccount shall be kept current within one business day and shall be open for public inspection for at least two consecutive hours Monday through Friday. excluding legal holidays. between 8:00

a.m. and 8:00 p.m.• as specified in the committee's
statementoforganization filed pursuant to 

### RCW 42.17- .040. at the principal campaign headquarters or. ifthere is no campaign headquarters. at the address ofthe campaigntreasurerorsuchotherplaceas may be authorized by thecommission. (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. [1989 

### c 280 § 5: 1982 c**1~7** § 4; 1975 1st ex.s, c 294 

### § 5.] Stmset Actapplicarioa: Seenote following RCW 42.11.350. Effeetiyedat_I989 e280:Seenote following RCW 42.11.020.



### RCW 42.17.067

- Fund-raising acti'ities--Alter0' nat.i,e reporting method. (I) Fund-raising activitieU which meet the standards of subsection (2) of this section may be reported in accordance with the provisions of this section in lieu of reporting in accordance with 

### RCW 42.17.080. (2) Standards: (a) The activity consists of one or more of the following: (i) the retail sale of goods or services at a reasonable approximation of the fair market value of each item or service sold at the activity: or (ii) A gambling operation which is licensed. conducted. or operated in accordance with the provisions of chapter9.46 

### RCW; or (iii) A gathering where food and beverages are purchased. where the price of admission or the food and beverages is no more than twenty-five dollars; or (iv) A concert. dance. theater performance. or similar entertainment event where the price of admission is no

more than twenty-fivedollars: or (v) An auction or similar sale where the total fair market value of items donated by any person for sale is

no more than fifty dollars: and (b) No person responsible for receiving money at such activity knowingly accepts payments from a single person ator from such an activity to the candidateor committee aggregating more than fifty dollars unless the

name and address of the person making such payrnenj-r>,

### to~ether**wit~** the am.ount paid to the candidate or corr{ )
rmttee are disclosed 10 the report filed pursuant to**sub~** section (6) ofthis section; and (c) Such other standards as shall be established by rule ofthe commission to prevent frustration of the purposes of this chapter. (3) All funds received from a fund-raising acuvitv which conforms with subsection (2) of this section shail be deposited within five business days of receipt by the
treasurer or deputy treasurer in the depository. (4) At the time reports are required under RCW**~2­** .17.080. the treasurer or deputy treasurer making the deposit shall file with the commission and the appropriate county elections officer a report of the fund-raising activity which shall contain the following information: (a) The date ofthe activity; (b) A precise description of the fund-raising methods used in the activity; and (c) The total amount of cash receipts from persons. each ofwhom paid no more than fifty dollars. (5) The treasureror deputy treasurer shall certify the report iscorrect.

. (6) The treasurer shall report pursuant to RCW 42- 

### .i7.080 and 42.17.090: (a) The name and address and· the amount contributed of each person who contributes goods or services with a fair market value of more than fifty dollars to a fund-raising activity reported under subsection (4) of this section. and (b) the name and address of each person whose identity can be ascertaineO

___**ICh.Al.I.7_R~=t,-61** _ (1989**L~w-,sO'-)** _

### Disclosure 42.17.080


# •

•

• and the amount paid, from 'whom were knowingly received payments to the candidate or committee aggregating more than fifty dollars at or from such a fundraising activity. [1989 c 280 

### § 6; 1982 c 147 § 5:'1975- '76 2nd ex.s, c 112 § 9.)

ScmsetActappliauion: Seenote following RCW**~2.17,350.** Effecti,e dat_I989eZ8O:Seenote following RCW**~2.1** .020.



### RCW 42.17.070 Expenditures-Authorization of and restrictionson. No expenditures may be made or incurredbyanycandidateor politicalcommittee excepton the authority of the treasurer or the candidate. and a record of all such expenditures shall be maintained bv the treasurer.

. No expenditure of more than fifty dollars rnav be made in currency unless a receipt, signed

### b~ the rec.pient and by the candidate or treasurer. IS prepared and made a part of the campaign's or poliucal comrruuees 

### financial records. [1989 c 280 § 7: 1985 c }6·**~:** 

### 1973 c I § 7 (Initiative Measure No. 

# :·6. .1

### pproved November7, 1972).)

SunsetActapplication:Seenote followingRC'Ao**~:** i

- J**~o** Effeeme dat_I989eZ8O: Seenote follow'"1 R.C'"**~:** : -020,



### RCW 42.17.080 Candidates' and**trKSUl'~n'** 

### dutv to reportcontributionsand expenditures. 

### tt i 

### On the davthe
treasurer isdesignated, each candidate or political 

### cornmittee shall file with thecommission and the counrv auditor or elections officer of the count\ In ""

### hld~ the candidateresides, or in the caseof a pol

## ilrcaIcomrnutee. the county in which the treasurer resides. In adduion to any statement oforganization required under RCW '+2- .17.040 or 42.17.050, a report ofall conrnbuuons received andexpenditures made prior to that date. If any. (2) At the following intervals each treasurer shall file with the commission and the countv auditor or elections officer of the county in which the 'candldate resides. or in the case of a political committee. the couruv In 

### which the committee maintains its office or headquarters. and ifthere is no office or headquarters then In the countv in which the treasurer resides. a report .;ont.1lnlng thejnformation requiredby RCW 42.1· \.N() 

### (a) On the twenty-first day and**:~e** 

### seventh d.1\ immediately preceding the date on

..nll.:h 

### the elecuon 

### is held; and (b) On the tenthday of the first :nonth ,After the election: Provided. That this report ,tlJ.i 'luI :x 

### -equrred following a primary election from (i) Acandidatewhose name ""II,**.,-~.H** In**:~c** 

### -ubsequentgeneralelection ballot: or (ii) Any continuing political comm.uee. Jnd (c) On the tenthday ofeach**rn0n~!\** 

### n .'lI..:!'1 noother reports are required to be filed unce r ''1" -e

.. ·•..

### on Pro

### vided, That such report shall onI :x '-.ic\J :

.

### ne cornmittee has received a cnnt

### nbui.o« H 

### T..ldc In expenditure in the preceding calendsr**~,"'1~!\** J

### nd**~ll** 

### her the total contributions received or

.. 1-1**~'=-end;(ures** 

### made since the last such report ev.

### ecc •.; '1undrcd dollars

.

(1989 Laws) 

### 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 com- ,mittee, the committee has ceased to function'and has dissolved. the treasurer shall file a final report? Upon submitting a final report. the duties of 'the treasurer shall cease and there shall be noobligation to make anv further reports.

. The report filed twenty-one da vs before the election shall report all contributions received and expenditures made as of the end of the fifth business day before the date of the report. The report filed seven da vs before the election shall report all contributions received and expenditures made as of the end of the one business day before the date of the report. Reports filed on the tenth day of the month shall report all contributions received and expenditures made from the closing date of the last report filed through the last day of the month preceding the dateof the current report. (3) For the period beginning the first day of the fourth month preceding thedate on which the special or general election is held and ending on the date of that election, the treasurershall 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). The report shall contain the name ofeach
person contributing the funds so deposited and the
amount contributed by each person. However. contributions of no more than twenty-five dollars from anv one person may be deposited without identifying the ccirttributor. A copy of the report shall be retained by the-treasurer for his records. In the eventofdeposits made/by a deputy treasurer. the copy shall be forwarded to. the
treasurerto be retained by him for his records.

### Ea~h report shall be certified as correct by the treasurerordeputy treasurermaking the deposit. :• (4) The treasureror candidate shall maintain books of
account accurately reflecting all contributions and expenditures on acurrent basis within fivebusiness da vs of receipt or expenditure. During the eight days

### im~ediately 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 least two con**sec~tive** 

### 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 '+2.17.040. at the principal headquarters or. if there is no headquarters, at the address of the
treasurer or such other place as may be authorized bv the commission. The treasurer or candidate shall preserve booksof account, bills. receipts. and all other financial records of the campaign or political committee for not less than live calendar years following the year during which the transaction occurred. (5) All reports filed pursuant to subsections (I) or (2) of this section shall be certified as correct by the candidate and the treasurer. (6) Copies of all reports filed pursuant to this section shall be readily available for public inspection for at

(Cb. 42.17 RCW-p 7)42.17.080 Disclosure

appropriate: (i) Expenditures for the election of the candidate; (ii) expenditures for nonreimbursed public office-related expenses; (iii) expenditures required to be 

# O ""

reported under (e) of this subsection; or (iv) expendi
tures ofsurplus funds andotherexpenditures. The repor of such a candidate or committee shall contain a separate total of expenditures for each category and a total

sum ofall expenditures. Other candidates and political. committees need not report information regarding expenditures under the categories listed in (i) through (iv) ofthis subsection or under similarsuch categories unless required to do so by the commission by rule. The report ofsuch an other candidate or committee shall also contain the total sum ofall expenditures: (g) The name and address of any person and the
amount owed for any debt. obligation. note. unpaid loan.

or other liability in the amount of more than two hundred fifty dollars or in the amount of more than fiftv dollars that has been outstanding for over thirty days: . (h) The surplus or deficit of contributions over expenditures; (i) The disposition made in accordance with RCW 

### 42.17.095 ofany surplus funds; U) Such otherinformation as shall be required by the commission by rule inconformance with the policies and
purposes of this chapter: and (k) Funds received from a political committee not otherwise required to report under this chapter (a •nonreporting committee'). Such funds shall be forfeited to the state of Washington unless the nonreporting committeehas filed or within ten days following such receipt files with the commission a statement disclosing: (i)**it[~** name and address; (ii) the purposes of the nonreportinb---../ committee: (iii) the names. addresses. and titles of its officersor if ithas noofficers. the names, addresses. and titles of its responsible leaders: (iv) the name. office sought. and party affiliation of each candidate in the
state ofWashingto

.. whom the nonreporting committee is supporting, and. if such committee is supporting the entire ticketofany party. the name of the party: (v) the ballot proposition supported or opposed in the state of Washington. if any. and whether such committee is in favor of or opposed to such proposition: (vi) the name and address of each person residing in the state of Washington or corporation which has a placeofbusiness in the state of Washington who has made one or more contributions in the aggregate ofmore than twenty-five dollars to the nonreporting committeeduring the current calendar year. together with the money value and date ofsuch'contributions; (vii) the name and address ofeach
person in the state ofWashington to whom an expenditure was made by the nonreporting committeeon behalf of a candidate or political committee in the aggregate amount ofmore than fifty dollars. the amount. date. and
purpose ofsuch expenditure. and the total sum of such expenditures: (viii) such other information as the commission may prescribe by rule. in keeping with the policies and purposes of this chapter. A nonreporting committee incurring an obligation to file additional reports in a calendar year may satisfy the obligation

# bO leasttwo consecutive hours Monday through Friday, excluding legal holidays. between 

### 8:00 a.m, and 

### 8:00 p.m .•

as specifiedin thecommittee's statementoforganization filed pursuantto RCW

### 42.17.040. at the principal headquarters or. ifthere is no headquarters. at the address of the treasurer or such other place as may be authorized by thecommission. 

### [1989 c 

### 280 § 

### 8: 1986c 

### 28 

### § 1; 1982

c 

### 147 § 6; 

### 1975 lst ex.s. c 

### 294 § 6: 

### 1973c I § 

### 8 (Initiative Measure No. 

### 276. approved November 7, 

### 1972).J

SlIIIMtAd application: See note following RCW 42.17.350. Effeetitedar_I989e280:See note following RCW 42.17.020.

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

### 42.17.080 (I) and (2) shall disclose the following: (a) The funds on hand at the beginning ofthe period: (b) The name and address of each person who has made one or more contributions during the period. together with the money value and date of such contributions and the aggregate value of all contributions' received from each such person during the campaign or in the case ofa continuing political committee. the currentcalendar year: Provided.That pledges in the aggregate of less than one hundred dollars from anv one person need not 

### bereported: Provided further.

### Th~t the income which results from a fund-raising activity conducted in accordance with RCW 

### 42.17.067 may be reported as one lump sum. with the exception of that portion ofsuch income which was received from persons whose names and addresses are required to 

### beincluded in thereport required by RCW 

### 42.17.067: Providedfurther. That contributions of no more than twenty-five dollars in the aggregate from anyone person during the election campaign may be reported as one lump sum so. long as thecampaign treasurer maintains a separate and private list of the name. address. and amount of each such contributor: Provided further. That the money value ofcontributions of postage shall be the face value ofsuch postage: (c) Each loan. promissory note. or security instrument
to 

### beused by or for the benefit of the candidate or political committee made by any person. together with the

names and addresses ofthe lenderand each person liable directly, indirectly or contingently and the date and
amount of each such loan. promissory note. or security instrument; (d) All other contributions not otherwise listed or exempted; (e) The name and address ofeach candidateor political committee to which any transfer of funds was made. togetherwith the amounts and dates ofsuch transfers: (I) The name and address ofeach person to whom an expenditure was made in the aggregate amount ofmore than fifty dollars during the period covered by this report. and the amount. date. and purpose of each such expenditure. A candidate for state executive or state legislative office or the political committee of such a candidate shall report this information for an expendi-
ture under one of the following categories, whichever is
, , !

# ~~U~~I~**(~I~%9~w_SI ~_**  I

### Disclosure 42.17.100 '1

1


# •

•

• filing with the commissiona letter providing updating or amendinginformation. (2) The treasurer and the candidate shall certify the
correctness of each report. [1989 c 280 § 9. Prior: 1986 c 228 

### § I; 1986 c 12 

### § 2; 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 I 

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

ScmsetActapplicarioll: Seenote following RCW 42.17.350. Efreethe dat_I989c 280:See note following RCW 42.17.020. Seterabillty--1977 ex.s, e 336: See note following RCW 42.17.040. Appea':8nce of fairness doctrine-Application to candidates for

public office--Campaign contributions: RCW 42.36.040. 42.36.050.



### RCW 42.17.095 Disposal of surplus funds. The surplus funds of a candidate. or of a political committee supportin.g or opposing a candidate. may only be disposed ofInanyone or more of the following ways: (1) Return the surplus to a contributor in an amount not to exceed thatcontributor's original contribution; (2)**Transf~r** 

### the surplus to the candidate's personal
accountas reimbursementfor lost earnings incurred as a result of that candidate's election campaign. Such lost earnings shall 

### beverifiableas unpaid salaryor, 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 lostearnings incurred shall 

### bedocumented and a record thereofshall 

### bemaintained by the candidate or the candidate's politicalcommittee. Thecommitteeshall include a copy ofsuch record when its expenditure for such reimbursementisreported pursuantto RCW 42.17.090; (3) Transferthe surplus to one or more candidates or to a political committeeor party; (4) Donate the surplus to a charitable organization registered inaccordance with chapter 19.09 RCW; . (5) Transmit the surplus to the state treasurer for deposit in the general fund; or (6).**H~ld** 

### the. surplus. in the campaign depository or depositories designated In 

### accordance with RCW 42.17- .05?.for**possi?l~** 

### use in a future election campaign, for political acuvuy, 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 subsequentlv announces or publicly files for office, information as appropriate is reported to the commission in accordance with**~CW** 

### 42.17.040through 42.17.090. If asubsequent office IS 

### not sought 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.]

SunsetActapplication: See note following RCW 42.17.350. Seyerability--1977 ex.s, e 336: See note following RCW 42.17.040.



### RCW 42.17.100 Special reports--Independent campaign expenditures. (I) For the purposes of this section the term •independent campaign expenditure' means any expenditure that is made in support of or in opposition to any candidate or ballot proposition and is

(1989 Laws) 

### not otherwise required to be reported pursuant to RCW 42.17.060. 42.17.080. or 42.17.090. (2) Within five days after the date of making an in- . dependent campaign expenditure that by itselfor 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 fivedays afterthe date ofmaking an independent campaign expenditure for which no reasonable estimate of monetary value is practicable. whichever occurs first.**t~e** 

### person who**ma~e** 

### the independent campaign expen**dltur~** 

### shall file with the commission and the county elections officer 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 iocal ballot proposition. the county of residence for the person making**th~** 

### expenditu.re) an initial report of all independent campaign expenditures made during the campaign prior
to and including such date. (3) At the following intervals each person who is required to file an initial report pursuant to subsection (2) of this section shall file with the commission and the county elections officerof the countyofresidence for the candidate supported or opposed by the independent campaign expenditure (or in the case of an expenditure r:'ade in support ofor.in opposition to a ballot proposition.**t~e** 

### county of residence for the person making the expenditure) a further report of the independent campaign expenditures made since the date of the' last**re~:** .

### (~) On the twenty-first day and the seventh day preceding the date on which the election is held;**anp~.~** 

### (b) On the tenth day of the first month after theelection: and 10 

### (c) On the tenth day ofeach month in which no'other reports are required to 

### be filed pursuant to this section. However, the further reports required by this subsection (3) .shall only be filed if the reporting person has made

an Independent campaign expenditure since the date of the last previous report filed. The report filed pursuant to paragraph (a) of this**su.bs~ction** 

### (3) shall be the final report, and upon subrmtting such final report the duties of the reporting person shall cease. and there shall be noobligation to make any further reports

. (4) All reports filed pursuant to this section shall be certified as correct by the reporting person. (5) Each report required by subsections (2) and (3) of this section shall disclose for the period beginning at the end of the period for the last previous report filed or. in the caseof an initial report. beginning at the time of the first independent campaign expenditure. and ending not

more than one business day before the date the report is due: (a) The name and address of the person filing the report; (b) The name and address ofeach person to whom an independent campaign expenditure was made in the aggregate amount of more than fifty dollars. and the
amount. date. and purpose ofeach such expenditure. If



### leb. 42.17 RCW-p

### 91**~.**42.17.100 Disclosure



# o Sunset Actapplication: See note followingRCW 42.17.350. RCW 42.17.120 Identification of contributions and communications. No contribution shall be made and no expenditure shall be incurred. directly or indirectly. in a fictitious name. anonymously. or by one person through

an agent. relative. orotherperson in such a manneras to conceal the identity of the source of the contribution or in any other manner so as to effect concealment. [1975 1st ex.s, c 294 

### § 8; 1973 c I 

### § 12 (Initiative Measure No. 276. approved November7, 1972).) RCW 42.17.110 Commercial advertisers-Documents and books of account open for public inspection--Delivery of copies to commission upon request, (I) 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 threD years after the date of the applicable election. durin normal business hours. documents and 

### books ofaccount which shall specify: (a) The names and addresses ofpersons from whom it accepted political advertising; (b) The exact nature and extent of the advertising services rendered: and (c) The consideration and the manner of paying that consideration for such services. (2) Each commercial advertiser which must comply with subsection (I) of this section shall deliver to the commission. upon its request. copies ofsuch information

as must be maintained open for public inspection pursuant to subsection (I) of this section. [1975-'76 2nd ex.s, c 112 § 5: 1973 c I § II (Initiative Measure**~o.** 276. approved November7. 1972).]

Sunset Actapplication: See note followingRCW 42.17.350. (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. ( 1 (6) Contributions reported under this section shallV also be reported as required by other provisions of this chapter. (7) The commission shall publish daily a summary of the special reports made under this section and RCW 42.17.175. (8) 

### It is a violation of this chapter for any person to make. or for any candidate or political committee to acceptfrom anyone person. contributions reportableunder RCW 42.17.090 in the aggregate exceeding fifty thousand dollars for any campaign for state-wide office or exceeding five thousand dollars for any other campaign subject to the provisions of this chapter within twentyone days ofa general election. This subsection does not apply to contributions made by. or accepted from, a major Washington state political party as defined in RCW 29.01.090. [1989 c 280 § II; 1986 c 228 § 2; 1985 c 359 

### § 1; 1983 c 176 

### § 

### I.]

SuDHt Act .""ncation: Seenote followingRCW 42.17.350. Efrectiyedate--I989 c280:Seenote followingRCW 42.17020. SaletAct.ptltiarioll: See note following RCW**~:** ."**)~O** Efrectiyedat_1989 c 280:See note following RC,l, .: : - '):0 no reasonable estimate ofthe monetary value ofa particular independent campaign expenditure ispracticable. it is sufficient to report instead a precise description of services. property. or rights furnished through the expenditure and where appropriate to attach a copy of the item producedor distributed by the expenditure: (c) The total sum of all independent campaign expenditures made during the campaign to date: and (d) Such otherinformation as shall be required by the commission by rule inconformancewith the policies and
purposesofthis chapter. [1989 c 280 

### § 10: 1985 c 367 

### § 6; 1982 c 147 

### § 9; 1975-'76 2nd ex.s, c 112 § 4: 19i3 c 1 

### § 10(Initiative Measure No. 276. approved Novernber 7. 1972).]

RCW 42.17.105 Special reports. Iale coetribulions over five hundred dollars---Certain Iale cCMIlnbulions prohibited. (1) Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution which: (a) Exceeds five hundreddollars: (b) Is from a single person or entity: (c) Is received before a primary or general ejection: and (d) Isreceived: (i) Afterthe period covered b\ the last report required by RCW 42.17.080 and 

### -+:.I· oqO to be filed before that primary; or (ii) within t-.enty-•. me days preceding thatgeneral election. (2) Any political committee malting a contrrbution which exceeds five hundred dollars shail ..Ilso prepare and deliver to the commission the speciat report If the contribution is made before a primary or 

### genera: election and: (a) After the period covered by the lUI report required by RCW 42.17.080 and 4:. I• Qq() to be filed before that primary; or (b) within t

..entv-one davs preceding that general election. (3) Except as provided in subsection 

### 1-+' vf this section. the special report required by t!'m secnon shall be delivered in written form. including but nOI :Imlled to mailgram. telegram. or 

### nighrleuer**T~e \~laj**  report required by subsection (I) of 

### this**~::on** ,hail bedelivered to the commission within fort,**-el~hl** 

### houn vi the time. or on the first working day ..Iller. the contnbution is received by the candidate or campa"n .reasurer The special report required by 

### subsecuon .: I .)( :!lIi 

### -ecuon and RCW 42.17.175 shall be deuverec :v :!'1e cornmrssion, and the candidate or poliuc,

...**·~~,::ee** ',J

..hom the contribution is made. within

.**"c~l\** IvlH**~u\H<;** of the time. or on the first working ":.1' !".cr. the contrrbution is made. (4) The special report may 

### oe .:**n\m,(:~** )0:1\ by telephone to the commission to ,.1:.,:,**'~C'** -renverv period required by subsection t31 ;1**~"~t,o)n** II the written form of the report is also 'n.J

..e\.l 'v**:~e** cornrrussion and postmarked within the Uc:,.'C'·'**~~".lt1 ~IJb­**  ·Iished in subsection (3) ofthis secthJn (5) The special report shall 

### inciuce u:**C~\;** (a) The amountof the contribution. (b) Thedate ofreceipt:
t-------lCb.-41;-17-REW-p-lOI-------

_ (1989 Laws)

--------...-

### Disclosure 

### 42.17.150



# •

•

• RCW 42.17.125 Personal use of contributions-- When permitted. Contributions received and reported in accordance with RCW 42.17.060 through 42.17.090 may only be transferred to the personal account of a candidate. or of a treasurer or other individual or expended for such individual's personal use under the followingcircumstances: (l) 

### Reimbursement for or loans to cover lost earnings incurred as a result of campaigning or services performed for the committee. Such lost earnings shall be verifiable as unpaid salary. or when the individual is not salaried. 

### as an amount not to exceed income received by the individual for services rendered during an appropriate. corresponding time period. All lost earnings incurredshall bedocumented anda record thereofshall be maintainedby the individualor the individuals's political committee. The committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuantto RCW 42.17.090. (2) Reimbursement for direct out-of-pocket election campaign and postelection campaign related expenses made by the individual. To receive reimbursement from the political committee. the individual shall provide the committeewith writtendocumentation as to the amount. date. anddescriptionofeachexpense. and the committee shall includea copy ofsuch information when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090. (3) 

### Repaymentof loans made by the individual to political committees. which repayment shall be reported pursuant to RCW 42.17.090. [1989 c 280 

### § 12; 1985 c 367 §

### 7; 1977 ex.s. c 336 § 6.]

ScmsetActapplicatioa: See note following RCW 42.17.350. ElfectiYedate--I989 e 180:See note following RCW 42.17.020. SeYenblUty--1977 u.s. e 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 ofemployees 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: (I) 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. orordinance. or to supportor opposea 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

(1989 Laws) 

### members of the public are afforded

### -an approximately equalopportunity for the expressionof an opposing view; (2) A statementby an elected official insupportof or in opposition to any ballot proposition at an open pless conference or in response to a specific inquiry; (3) 

### Activities which are part of the normal and regular conduct of the office or agency. [1979 

### ex.s, c 265 

### § 2; 1975-'76 2nd ex.s. c 112 

### §6; 1973 c 

### I 

### § 13(Initiative Measure No. 276. approved November7. 1972).)



### RCW 42.17.135 Earmarked contributions. A candidate or political committee receiving a contribution earmarked for the benefit of another candidate or political committee shall: 

### (I) Report the contribution as required in RCW 

### .+2- .17.080 and 42.17.090; (2) 

### Complete a report. entitled'Earmarked contribu

### tions," on a form prescribed by the commission by rule. which identifies the name and address of the person who made the contribution. the candidate or political committee for whose benefit the contribution is earmarked. the amount of the contribution. and the date on which the contribution was received; and (3) 

### Notify the commission and the candidate or political committee for whose benefit the contribution is earmarked regarding the receipt of the contribution by mailing or delivering to the commission and to tile candidate or committee a copy of the •Earmarked contributions' report. Such notice shall be given withintwo working days ofreceipt of the contribution. A candidate or political committee receiving notification ofan earmarked contribution under**sUbsection:;(~)** 

### of this section shall report the contribution. once;tQe contribution is received by the candidate or committee. in the same manner as the receipt of any other contribution is disclosed in reports required by RCW

### 4~.17­ .080and 42.17.090. [1989 c 280 

### § 13; 1986 c 228 §.3.)

Effectindate--1989 c280:See note following RCW ·n.17.020.



## LOBBYIST REPORTING

RCW 42.17.150 Registration of lobbyists. (1) Before doing any lobbying. or within thirty days after being employed as a lobbyist. whichever occurs first. a lobbyist shall register by filing with the commission a lobbyist registration statement. in such detail as the commission shall prescribe. showing: (a) His name. permanent business address. and any temporary residential and business addresses inThurston county during the legislative session; (b) The name. address and occupation or business of the lobbyist's employer; (c) Theduration of his employment; (d) His compensation for lobbying; how much he is to be paid for expenses. and what expenses are to be reimbursed: (e) Whether the person from whom he receives said compensation employs him solely as a lobbyist or whetherhe is a regularemployee performing services for

ICb.42.17 RCW-p III

### 42.17.150 Disclosure

his employer·which include but are not limited to the influencing oflegislation; (0 

### The general subject or subjects of his legislative interest; (g) A written authorization from each of the lobbyist's employersconfirming such employment; (h) Thename and addressof the person who will have custody of the accounts. bills. receipts. books. papers. and documents required to be

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

samelegislation or type oflegislation is. or is to be. paid

or contributed to by more than one person then such lobbyist may file a single statement. in which he shall detailthe name. business address and occupationof each person so paying or contributing. and the amount of the respective payments or contributions made byeach 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 inJanuary of each odd-numbered year. and failure to do so shall terminate his registration. [1987 c 201 

### § I: 1982 c 147 

### § 10; 1973 c I 

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

SlIII5etAct application: Sec note following RCW 42.17.350.



### RCW 42.17.155 Photograph and informationBooklet--Publication. Each lobbyist shall at the time he registers submit to the commission a recent photograph of himselfof 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 shall be published at least annu

### allyin abooklet form by the commission fordistribution
to legislators and the public. [1985 c 367 

### § 8; 1982 c 147 

### § II: 1975 1st ex.s. c 294 § 21.]

[0. 42.17 RCW-p 121 SlIII5etAct application: See note followingRCW 42.17.350.



### RCW 42.17.160 Exemption from registration. 

### Thr: following persons and activities shall be exempt**fro~** 

### registration and reporting under RCW 42.17.150. 42- .17.170. and 42.17.200:

( 1) Persons who limit their lobbying activities to appearing before public sessions ofcommittees of the legislature. or public hearings ofstate agencies: (2) News or feature reporting activities and editorial
comment by working members of the press. radio. or television and the publication or dissemination thereof by a newspaper. book publisher. regularly published periodical. radio station. or television station; (3) Persons who lobby without compensation or other consideration for acting as a lobbyist: Provided. 

### Such person makes no expenditure for or on behalf of any member of the legislature or elected official or public officer or employee of the state of Washington in connection with such lobbying. The exemption contained in this subsection is intended to permit and encouragecitizens of this state to lobby any legislator. public official.

or state agency without incurring any registration or reporting obligation provided they do not exceed the limits stated above. Any person exempt under this subsection (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 thereofduring any threemonth period and whose total expenditures during such three-month period for or on behalfofanyoneor more members of the legislature or state elected officials 

## 0(\ public officers or employees of the state of Washinzton-c.>' 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 subsectionor theiremployers orentities 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**(~)** 

### may at his option registerand report under this chapter: (5) Thegovernor: (6) The lieutenantgovernor; (7) Except as provided by RCW 42.l7.190(I). 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 orenactment 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 1st ex.s. c 294 

### § 9: 1973 c 1 

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

SunsetAct appliClltion:See note following RCW**~2.17.350.** Effectiye date----&!.erability--1977 ex.s, c 313: See notes following RCW 42.17.020

.



# ..

### Disclosure 42.17.180



# •

•

•• RCW 42.17.170 Reporting by lobbyists. (I) 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 calendarmonth covered by the report. (2) Each such monthly periodic reportshall contain: (a) The totals of all expenditures for lobbying activities made or incurred by such lobbyist or on behalfof such lobbyist by the lobbyist's employer during the period covered by the report. As 

### used in this section. "lobbying activities" includes. but is not limited to. the development of legislation or rules. the development of support for or opposition to legislation or rules. and attempts to influence the development of legislation or rules. Such totals for lobbying activities shall be segregated according to financial category. including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services. Each individual expenditure of more than twenty-fivedollars for entertainmentshall 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'sparticipationthereinbut withoutallocating any portion of such expenditure to individual participants. Notwithstanding the foregoing, lobbyists are not required toreport the following: (i) 

### Unreimbursed personal living and travel expenses notincurreddirectly forlobbying; (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 forstaffand secretarial assistance. (b) In the case of a lobbyist employed by more than

oneemployer, the proportionate amountof such expenditures in each category incurredon behalfof 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 behalfof any candidate. elected official. or officer or employee of any agency. or any political committee supporting or opposing any ballot proposition. Allcontributions made to. or for the benefit of. any candidate.electedofficial. or officeror 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.

(1989 laws) 

### (d) Thesubjectmatterof proposed legislation orother legislative activity or rule-making under chapter 34.05 RCW. the state Administrative Procedure Act. and the
state agency considering the same. which the lobbyist has been engaged in supporting or opposing duririg the reporting period. (e) Such other information relevant to lobbying activities as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission. [1989 c 175 § 

### 90: 1987 c 

### 423 § 

### 1: 1985 c 

### 367 § 

### 9: 1982c 

### 147 

### § 13: 1977 ex.s. c 313 § 5: 1975 lst ex.s, c 294 § 10; 1973 c I § 17 (Initiative Measure No. 276. approved November7, 1972).]

SunsetActapplication: Sec note following RCW 42.17.350. Effec:ti.e date--1989 c 175:Sec note following RCW**J~.05.010.** Effec:ti.e dale--Se.erability--1977 ex,s, c 313: See notes filllowing RCW**~2.17** .020.



### RCW 42.17.175 Special reports--Late contributions over fi,e hundred dollars. Any lobbyist registered under RCW 42.17.150. any person who lobbies. and any lobbyist's employer making a contribution that exceeds five hundred dollars shall file a special report in the

manner provided under RCW 42.17.105 if the contribution is made before a primary or general election and: (I) After the period covered by the last report required by RCW42.17.080and 42.17.090to be filed before that primary: or (2) within twenty-one days preceding that general election. [1985 c 359 

### § 2.]

SlIII!IetActapplication: See note following RCW**~2.17.350.** "



### RCW 42.17.180 Reports by employers of reglstered lobbyists. Every employerof a lobbyist registered under this chapterduring the precedingcalendaryearshall 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 

## or each state elected official and the

name of each candidate for state office who was elected to the office and any memberof the immediate family of those persons to whom the employer has paid any compensation in the amount of fivehundred dollars or more during the preceding calendaryear forpersonal employment or professional services. including professional services rendered by a corporation. partnership. joint
venture. association. union. or other entity in which the person holds any office. directorship. or any general partnership interest. or an ownership interest of ten percent or more. the value of the compensation in accordance with the reporting provisions set out in RCW 42.17.241(2). and the consideration given or performed inexchange for the 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 the expenditures and the purpose for the expenditures. For the purposes of this subsection. the term expenditure shall not include any expenditure made by the employer in the, ordinary

[0. 42.17 RCW-p 

### 131

### 42.17.180 Disclosure

courseofbusiness if the expenditure is not made for the purpose of influencing. honoring. or benefiting the elected official. successful candidate. or member of his immediate family. as an electedofficialorcandidate. (3) The total expenditures made by the employer for lobbying purposes. whether through or on behalf of a registered lobbyistor otherwise. For the purposes of this subsection. "lobbying purposes" includes. but is not limited to. the development of legislation or rules. the development of support for or opposition to legislation or rules. and attempts to influence the development of legislationor rules. (4) All contributions made to a candidate for state office. to a political committee supporting or opposing a candidate for state office. or to a political committee supporting or opposing a state-wide ballot proposition. Such contributions shall be 

### identified by the name and the address of the recipient and the aggregate amount contributed to each such recipient. (5) The name and address ofeach registered lobbyist employed by the employer and the total expenditures made by the employer for each such lobbyist for lobbying purposes. As used in this subsection. "lobbying purposes" includes. but is not limitedto. the developmentof legislation or rules. the development of support for or opposition to legislation or rules. and attempts to influence the developmentoflegislation or rules. (6) Such other information as the commission prescribes by rule. [1987 c 423 

### § 2; 1984 c 34 

### § 6: 1975 1st ex.s. c 294 

### § 11: 1973 c 1 

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

StmsetActapplicatioa: Sec notefollowing RCW 42.17.350

..


### RCW 42.17.190 LegislatiYeacti,ities of state agencies, otherunits ofgo,ernment.eleerire officials. employees. (1) Every legislator and every committee of the legislature shall file with the commission quarterly reports listing**tl:~** 

### names. addresses. and salaries of all persons employed by the person or committee making the filing for the purpose ofaiding in the preparation or enactmentoflegislationor the performanceoflegislative 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 calendarquarter: 

### Provided. That the information required by this subsectionmay besupplied. insofaras it isavailable, by the chiefclerk of the house of representatives or by the secretary ofthe senate on a form prepared by the commission. (2) Unless authorized bysubsection (3) of this section

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

### Provided. This does 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 channels, requests forlegislative 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 subsectiondoes not apply to the legislativebranch. ,,- (3) Any agency. nototherwiseexpressly authorized bYQ\ 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 adirector 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 greatervalue, but does not include informational rna-

.terial 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 printingof astatepublication which has been otherwise prohibited by law. (4) No elective official or any employee of his or her office or 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. in any effort to support or oppose an initiative to the legislature. "Facilities of a public office or agency" has the same meaning as in RCW 42.17.130. 

### The provisions of this subsection shall not apply to the following activities: (a) Action taken at an open public meeting by mem-0, bers of an elected legislativebody to express a**collectiv~)** 

### decision. or to actually vote upon a motion, proposal. resolution. order. or ordinance. or to support or oppose

an initiativeto the legislature so long as (i) any required notice of the meeting includes the title and number of the initiative to the legislature. and (ii) 

### members of the legislative body or members of the public are afforded

an approximately equal opportunity for the expression of

an opposingview: (b) A statementby an elected official insupportof or in opposition to any initiative to the legislature at an open press conference or in response to a specific inquiry: (c) Activities which are part of the normal and regular conductof the office or agency. (5) 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 (d) of this subsection, quarterlystatements providing the following information for the quarterjustcompleted: (a) The name of the agency filing the statement; (b) The name. title. and job description and salary of each electedofficial. officer. oremployee who lobbied. a general description of the nature of the lobbying. and the proportionate amountof time spenton the lobbying; (c) A listing of expenditures incurred by the agency for lobbying including but not limited to travel. consulO. tant or other special contractual services. and brochure

.

- ------[Cb.-42;-1-7-REW-.,-141-----

_ (1989 Laws)Disclosure 

### 42.17.200



# •

•

• and other publications. the principal purposeof which is
to influencelegislation; (d) For purposes ofthis subsection the term 'lobbying' does not include: (i) Requests for appropriations by a state agency to the office of financial management pursuant to chapter 43.88 RCW nor requests by the office offinancial management to the legislature for appropriations other than its own agency 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 agencyon a particularsubject; (iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a stateagencyas required by law; (iv) Requests, recommendations. or othercommunication between or within state agencies or between or within local agencies; (v) Any otherlobbyingto theextent thatit includes: (A) Telephoneconversations or preparation ofwritten correspondence; (B) In-person lobbying on behalfofan agency of no

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

### Provided. Thatthe total expenditures ofnonpublic funds made in connection with such lobbying for or on behalf ofanyone or more members of the legislature or state elected officials or public officers or employees of the
stateofWashingtondo not exceed fifteen dollars for any three-month period: 

### Provided further, That the exemptionunderthis subsection is in addition to the exemption providedin (A) ofthis subsection; (C) Preparation or adoptionof 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. (6) In lieu of reporting under subsection (5) of this section any county, city, town, municipal corporation. quasi municipal corporation. or special purpose district may determine and so notify the public disclosure commission, thatelectedofficials. officers, or employees who

on behalfof any such local agency engage in lobbying reportable under subsection (5) 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 reportas a lobbyistemployerpursuant to RCW 42.17.180. (7) The provisions of this section do not relieve any elected official or officeror employee of an agency from complying with other provisions of this chapter. if such elected official, officer: or employee is not otherwise exempted. (8) The purposeofthis section is to require each state agency and certain local agencies to report the identities of those persons who lobby on behalfof the agency for

(1989 Laws) .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 othercosts which relateonly indirectlyor incidentally to lobbying or which are equally attributable to or inseparable from nonlobbying activities ofthe agency. The public disclosure commission may adopt rules clarifying and implementing this legislative interpretation and policy. [1986 239 § I; 1979 ex.s. c 265 

### § I: 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).]

SunsetActappUcatioa: See note following RCW 42.17.350. Effec:the date-Se.erability--1977 ex.s, c 313: See notes (01- lowing RCW 42.\7.020.

RCW 

### 42.17.200 Grass roots lobbying campaigns. (1) Any person who has madeexpenditures. not reported under other sections ofthis chapter, exceeding five hundred dollars in the aggregate within any three-month periodorexceedingtwo hundreddollars in the aggregate within anyone-month period in presenting a program addressed to the public. a substantial portion ofwhich is intended. designed. or calculated primarily to influence legislation shall be required to register and report. as provided insubsection (2) ofthis section. as a sponsorof

a grass roots lobbying campaign. (2) Within thirty days after becoming a sponsor ofa grass roots lobbying campaign. the sponsor shall register by tiling 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 ofcompensation for all such persons: (c) The names and addresses of each person contributing twenty-five dollars or more to the campaign, and the aggregate amountcontributed; (d) The purpose of the campaign. including the specific legislation. rules. rates. standards. or proposals that

are the subject matterof 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. andin the caseoflargeexpenditures (as provided by rule ofthe commission). by outlet; contributions; entertainment. including food and refreshments; office expenses including rentand thesalaries and wages paid for staff and secretarial assistance, or the proportionate
amount thereofpaid or incurred for lobbying campaign activities; consultants; and printing and mailing
expenses. 2

ICh.42.17 RCW-p lSI

### 42.17.200 Disclosure

(3) Every sponsor who has registered under this section shall file monthly reports with the commission. which reports 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 ofexpenditures 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 oftermination 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. [1985 c 367 

### § 10; 1973 c 1 

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

SaDsecAct appticatioa: See note following RCW**~2.17** .350.

RCW 

### 42.17.210 Employmentoflegislators. board or commission members. or state employees Statement.
contents 

### and filing. 

### If any person registered or required to beregistered as a lobbyistunder this chapteremploys. or if any employer ofany person registered or required to beregistered as a lobbyistunderthis chapter. employs any member of the legislature. or any member of any
state board or commission. or any employee ofthe legislature. or any full-time state employee. ifsuch new employee shall remain in the partial employ ofthe state or any agency thereof. then the new employer shall file a
statement under oath with the commission setting out the nature ofthe employment. the name ofthe per.son to be paid thereunder. and the amount ofpayor consideration to be paid thereunder. The statement shall be filed within fifteen days afterthe commencementofsuch employment. [1973 c 1 § 21 (Initiative Measure No. 276. approved November7. 1972).]

Scm5ecAct applicalion: See note following RCW 42.17.350.

RCW 

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

as practicable. [1973 c I § 22 (Initiative Measure No. 276. approved November 7. 1972).]

SaDsecAct application: See note following RCW**~2.17.350.**
RCW 

### 42.17.230 Lobbyists' duties. restrictions. 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. ifsuch employer aids. abets. ratifies.

or confirms any such act. to other civil liabilities. as providedby this chapter: ( 1) Such persons shall obtain and preserve all accounts. bills. receipts. books. papers. and documents**~~-** ---1C1L41:17RCW=,-161--

---- necessary to substantiate the financial reports required to be made under this chapter for a period ofat least five years from the date of the filing of the statemento'-'" 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 employment contract to turn any records over to his employer. responsibility forthepreservationofsuch records under this subsection shall rest with suchemployer. (2) In addition. a person required to registeras a lobbyist shall not: (a) Engage in any activity as a lobbyist before registering as such; (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 anv bill or amendment thereto for the purpose of

### thereaft~r being employed to secure its defeat; (d) Knowingly represent an interest adverse to any of his employers without first obtaining such employer's written consent thereto after full disclosure to such employerofsuch adverse interest; (e) Exercise any undue influence. extortion. or unlawful retaliation upon any legislator by reason of such legislator's position with respect to. or his vote upon. any pending or proposed legislation: (I) Enter into any agreement. arrangement. or understanding according to which his or her compensation. or any portion thereof. is' or will be contingent upon the

success ofany attempt to influence legislation. [1987

# 0\
201 

### § 2; 1982 c 147 

### § 14; 1973 c I 

### § 23 (Initiativt.J Measure No. 276. approved November 7. 1972).]

. SlIILWtAct application: See note following RCW**~2.17.350.**



## REPORTINGOFPUBLICOFFICIALS' FINANCIALAFFAIRS

RCW 

### 42.17.240 Elected and appointed officials. candidates. and appointees Reports of financial affairs. (1) Every electedofficial and every executive state officer shall after January 1st and before April 15th of each year file with the commission a statementof financial affairs for the preceding calendar year. However. any local elected official whose term of office expires immediately after December 31st shall file the statement required to be filed by this section for the year that endedon that December 31st. (2) Every candidate shallwithin two weeks ofbecoming a candidate file with the commission a statement of financial affairs for the preceding twelve months. (3) Every person appointed to avacancy in an elective office or executive state officer position shall within two weeks of being so appointed file with the commission a statement of financial affairs for the preceding twelve months. (4) A statement of a candidate or appointee

### file~ during the period from January 1st to April 15th shak,,//Disclosure 

### 42.17.2401



# •

•

• cover the period from January lst of the preceding calendar year to the time ofcandidacy or appointment if the filingofthe statementwouldrelieve the individual of

a prior obligation to file a statement covering the entire preceding calendaryear. (5) No individual may 

### be required to file more than

once in any calendaryear. (6) Eachstatementoffinancial affairs filed under this sectionshall be sworn as to its truth and accuracv. (7) For the purposes ofthis section. the term -,executive state officer" includes those listed in RCW 42.17.2401. (8) This section does not apply to incumbents or candidates for a federal office or theoffice of precinct cornmittee officer. [1989 c 158 § I; 1987 c**~95** 

### § 19 Prior: 1984c 125§ 14; 1984c34§ I; 1983.: 161 

### §**:~.** 1982c 10 § 9; prior: 1981 c 311 § 20; 1981 

### c**l)~** 

### § ;:-; 1979 ex.s. c 265 

### § 3; 1979 c 151 § 73; prior:**19~5-~fl** :nd ex.s, c 112 § 7; 1975-'76 2nd ex.s, c**10~** 

### § I tRc:f Bill No. 36); 1975 1st ex.s, c 294 § 13: 19"73 c i 

### §**:~** (Initiative Measure No. 276. approved November ". 1972).)

ScmsetActappUcadoa: See note followingRCW**~:** i' J<O Temporary exemptioa: 'Persons identified as elCC"I"': orficers under RCW 42.17.2401(4). who were appointed to Illelr ;lOllllonsbefore July 23, 1989. and who were notrequired to file**,l~lcmenl** .1ifinancial affairs at the time of their appointment. are ctemp' "rom 1he reo quirements of RCW 42.17.240 until they are**~~lltlO'nlcd** to such positions: [1989 c 158 § 4.J

Sennbility--Headiop--ErrKtin d.t_l

.... c 125: See RCW 43.63A.901 through 43.63A.903.**~erabinty--ErrKthe** dat_I983 c 1&1: S« RC\\, J) 180- .903 and 43.180.904.**~erUillty--1982** e 10:See note followlnl RC\\,

... :)080**~enbillty--1981** e311: See RCW J 100& II)

Effecthe dat-se'enbi1ity--1981 e &1: S« 'lOtn ;'ollowing RCW 34.12.010. Cemetery district commissioners exempt from .:1IaP'C1"' RC\\, 08.52-

.140.68.52.220.



### RCW 42.17.2401 "Executive stare ofTM:ft'- defined, For the purposes of RCW 42.1**i.:~O.** the term "evecutive stateofficer" includes: (I) The chiefadministrative la judge. Ihe drrector of agriculture. the administrator or' t**~e** J)hlngron basic health plan. the director of the department <If services for the blind, the directorofthe \tJtc: ,,'tcm <If

### cornrnunity colleges. the director of comrnunu\ development. the secretary of corrections. the**dlre':~vr** v" ecologv. the commissioner of employment securuv the -:h.llrm.ln of theenergy facility siteevaluation**,<)U~':ll.** the drrector of the energy office. the secretary or 'k( -r.ne ':n.ln-:e corn

### mittee, the director offinancial m.i"1.ilCcmenl. the director of fisheries. the executive ,Cc'el.ln Jf the 

### iorest practices appeals board. the drrector 

## oJ" the gambling commission. the director of 

### generr. J-'m,nd,trJtl.Jn. the secretary ofhealth. the 

### administrator II •**~c** J\hlngton
statehealthcareauthority. the exec ui oe -cceun ,)f the health care facilities authority. the**C\C'-~:I'e ~ret.H:-**  of the higher education facilities autht.>r·!,

.**~c** J Irector of the higher education personnel boarc**:~c** nec:.::\(: secretary of the horse racing ccrnrruss.on .ne evecuuve secretary of the human rights comml\,."r

.. ::'Ie C\c\.·uIIVe secretary of the indeterminate sentence 'e\\c.. board,

(1989 Laws) the director of the department of information services. the director of the interagency committee for outdoor recreation. the executive director of the state investment board. the director oflabor and industries. the 

### director of licensing, the director ofthe lottery commission. 

### tfie director of the office of minority and women's business enterprises. the director of parks and recreation. the director of personnel. the executive director of the public disclosure commission. the director of retirement systems. the director ofrevenue. the secretary of social and health services. the chiefofthe Washington state patrol. the executive secretary ofthe board of tax appeals. the director of trade and economic development. the secretary oftransportation. the secretary of the utilities and transportation commission. the director of veterans affairs. the directorofwildlife. the presidentofeach of the regional and state universities and the president of The Evergreen State College. each district and each campus president ofeach statecommunity college: (2) Each professional staff member of the office of the governor; (3) Each professional staffmember of the legislature; and (4) Central Washington University board oftrustees. board oftrustees ofeach community college, each member ofthe state board for community college education.
state convention and trade center board of directors. committee for deferred compensation, Eastern Washington University board of trustees. Washington economic development finance authority, The Evergreen State College board of trustees. forest practices appeals board. forest practices board. gambling commission. Washington health care facilities authority, staterhea)'th coordinating council. higher education coordinating board. higher education facilities authority, higher education personnel board. horse racing commission; 

### "hcspital commission. state housing finance commission. human rights commission. indeterminate sentence review board. board ofindustrial insurance appeals. information services board. interagency committee for outdoor recreation. state investment board, liquor control board. lottery commission. oil and gas conservation committee. Pacific Northwest electric power and conservation planning council. parks and recreation commission. personnel appeals board. personnel board. pollution control hearings board. public disclosure commission. public pension commission, shorelines hearing board. state employees' benefits board. board of tax appeals. transportation commission, University of Washington board ofregents. utilities and transportation commission. Washington public powersupply systemexecutive board. Washington State University board ofregents, Western Washington University board of trustees. and wildlife commission. [1989 1st

### ex.s. c 9 

### § 812: 1989 

### c 279 § 22; 1989 

### c 158 § 2; 1988 c 36 

### § 13; 1987 c 504 § 14; 1985 c 6 

### § 8; 1984 c 34 § 2.)

Re,iser's note: (I) This section was amended by 1989 c 158 §**~.** 1989 c 279 § 22. and by 1989 lst ex.s, C9 § 812. each without reference to the other. All amendments are incorporated in the publication oi this section pursuant to RCW 1.12.025(2). For rule ofconstruction.

see RCW 1.12.025(I). b.



# . "

(Ch. 42.17 RCW-p t7)-**~---_. -----~**  ------- _. ----- -------

-



### 42.17.2401 Disc:losure

"(2) All references to hospital commission shall be construed to

meandepanmentof health: see RCW 43.70.902.

ScuaetActawfic:atioa: See note following RCW**~2.17.3** 50. Elfec:dte c1aae---.s..erabillty--1989 1st elloS. e 9: See RCW 43.70.910 and 43.70.920.

Report---se.erabiHty--I989 e 279: See RCW**~3.163.900** and 43.163.9OJ.

AlplIabetizatioD--l989 e 158 § 2: 'When section 2of this act is codified. the code reviser shall arrange the names of the agencies in eachsubsectioninalphabeticalorder.' [1989 c 158 §

### 3.1 The names of the agencies in the above section havebeenarranged according to the first distinctive word of each agency's name.

Se9erability-EIfec:dye c1at_I987 e 504: Sec RCW ·n.105- .901 and 43.105.902.



### RCW 42.17.241 Contents of report. (I) The statement of financial affairs required by RCW 

### 42.17.240 shall disclose for the reporting individual and each memberof his immediate family: (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 that exceeded five thousand dollars at any time during the reporting period: each other item of intangible personal property in which any such person or persons owned a direct financial interest. the value of which exceededfivehundreddollars during the reporting period; the name. address. and nature of the entity; and the nature and highest value of each such direct financial interestduring 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
amountofeachdebtowed to eachcreditoras of the date of filing; the terms of repaymentofeach such debt; and the security given. ifany. for each such debt: Provided. 

### That debts arising out of a "retail installment transaction" as defined in chapter 

### 63.14 RCW (Retail InstallmentSalesAct) need not be reported; and (d) Every public or private office. directorship. and position held as trustee: and (e) All persons for whom any legislation. rule. rate. or standard has been prepared. promoted. or opposed for
currentor deferredcompensation: Provided. 

### That for the purposes of this subsection. "compensation" does not include payments made to the person reporting by the governmental entity for which such person serves as an elected official or state executive officer or professional staffmember for his service in office; the description of such actual or proposed legislation. rules. rates. or standards; and the amount of

### currentor deferred compensation paidor 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 received in any form of a total value of five hundred dollars or more: the value of the compensation: and the consideration given or performed in exchange for the 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 ownershipinterestof ten percentor more: the name or title of that**of~ce;** 

### directorship,**~r.** 

### partner

# o - ship; the nature of ownership Interest; and WIth respec to each such entity: (i) With respect to a governmental unit in which the official seeks or holds any office or position. if the entity has received compensation in any form during the preceding twelve months from the governmental unit. the value of the compensation and the consideration given or performed in exchange for the compensation: (ii) 

### the name of each governmental unit. corporation, partnership. joint venture. sole proprietorship, association. union. or other business or commercial entity from which the entity has received compensation in any form in the amount of two thousand fivehundred dollars or more during the preceding twelve months and the consideration given or performed inexchange for the compensation: Provided, 

### That the term •compensation" for purposesof this subsection (I)(g)(ii) does not include payment for water and other utility services at rates approved by the Washington state utilities and transportation commission or the legislativeauthority of the public entity providing the service: Provided. further. 

### That with respect to any bank or commercial lending institution in which is held any 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 the bank or commercial lending institution and the average monthly balance of each account held during the preceding twelve months by the bankor commercial lending institution from the governmental entity for which the individual is an official 

## 00' candidate or professional staff member. or all interes paid by a borroweron loans from andall interestpaid to

a depositor by the bank or commercial lending institution if the interestexceeds six hundred dollars: and (h) A list. including legal or other sufficient descriptions as prescribed by the commission. of all real property in the stateofWashington. the assessed valuationof which exceeds two thousand five hundred dollars in which any direct financial interest was acquired during the preceding calendar year. and a statement of the
amount and nature of the financial interest and of the consideration given inexchange for that interest; and (i) A list. including legal or other sufficient descriptions as prescribed by the commission. of all real propertyin the stateofWashington. the assessed valuationof which exceeds two thousand five hundred dollars in which any direct financial interest was divested during the preceding calendar year. and a statement of

### th~ amount and nature of the consideration received in exchange for that interest. and the name and address of the person furnishing the consideration: and (j) 

### A list. including legal or other sufficient descriptions as prescribed by the commission. of all real property in the stateofWashington. 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 the property has been included in a report previously filed. the property may be listeo.**--[Ch.~42;17-RCW~-181-----·--------- --~~**  -----.- - .

_ . .

__**(JJ8~** Laws)

### Disclosure 

### 42.17.245

:,'" 

# •

•

• for purposes ofthis provision. by reference to the previously filed 

### report; and (k) A list. including legal or other sufficient descriptions as prescribed by the commission. of all real propertyin thestateofWashington. the assessedvaluationof which exceeds fivethousanddollars, 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 interestwas 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 prescribeby rule. (2) Wherean amountisrequired to bereported under subsection (1). paragraphs (a) through (k) of this section. it shall be sufficient to comply with the requirement to report whether the amount is less than one thousand dollars. at least one thousand dollars but less than fivethousanddollars. at least fivethousand dollars but lessthan 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 bereported bynumberofshares instead of by marketvalue. No provision of this subsection may be interpreted to prevent any person from filing more information or more detailed information than required. [1984 c 34 § 3: 1979 ex.s. c 126 § 42.]

SaILWCActappllcariOll: See note following RCW 42.17.350. Purpose 1979ex.s. e 1Z6:See RCW 29.04.170(1).



### 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 otherperson in such a manner as to conceal the identity of the source 

### v'; che payment or in any other manner so as to effect concealmentexceptthatthe commission may issuecategorical and specificexemptions to the reporting of the actual source when there is an undisclosed principal for recognized legitimate business purposes. [1977 ex.s. c 336 § 4.]

SIIII5etAct application: See note following RCW 42.17.350. Se'erability--1977 ex.s, e 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 bereferred to as a •public office fund' and shall not be transferred to a political committee nor used to promote or oppose acandidateorballotproposition,otherthan as provided by subsection (3) (a) of this section. For the

(1989 Laws) 

### purposes of this section contributions shall include reimbursements from or payments by persons. otherthan the
state ofWashington or any agency, fortravel expenses

. Areportshall befiled 

### duringthe month ofJanuary 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 marketvalue; and (c) A description of each expenditure made from a publicoffice fund. including the name and addressof the recipient. the amount. and the date of each such expenditure. (2) No report under subsection (I) of this section shall berequired 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. orentertainment given inconnection 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 bedisposed of in one or more of the following ways: ,,- (a) Returned to acontributor in an amount not to.exceed thatcontributor's original contribution: or ., (b) Donated to acharitableorganization

### regist~red. in accordance with chapter 19.09 RCW; or

. (c) Transferred to the state treasurer for deposfi 10 

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

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



## REPORTING BYPUBLICTREASURERS

RCW 

### 42.17.245 Public accounts of governmental entities held by financial institutions-Statements and reports--Contents--Filing. After January Ist 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: (I) 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 nameandaddressofeach financial institution in

ICh.42.17 RCW-p 191

### 42.17.245 Disclosure

which the treasurer or. in the case of a county, a memberof the county finance committee. held during the reo 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 sumoftime anddemand deposits held in each such financial institution on December 31: and (c) the highest balance held at any time during such reporting period: 

### Provided. That the state treasurer shall disclose the highest balance information only upon request under RCW 42.17.250 through 42.17330 The
statementor reportrequired by this section shall be

### tiled either with the statement required under RCW**..l~.17­** 

### .240 or separately. [1983 c 213 § I: 1981 

### c**IO~** 

### § l: 

### 1975-'76 2nd 

### ex.s, c 112 § 10.]

Sunset Act aptllicalioa: See note following RC\\,**~:** " 'I)



## PUBLICRECORDS

RCW 42.17.250 Duty to publish procMures. (I) 

### Each state agency shall separately state and currently publish in the Washington Adrninistrauve 

### Code and each local agency shall prominently dlSplJ' and make available for inspection and copying at the cerural office 

### ofsuch local agency. for guidance of the pubuc: (a) Descriptions of its central and field orgamzarion and the established places at which. the ernplovees 

### irom whom. and the methods whereby. the pubhc rnav 

### obtain information. make submittals or requests. or obt3t!." copies ofagency decisions; (b) Statements of the general course Jnd method by which its operations are channeled and dererrmned. including the nature and requirements vI .111 format 

### and informal procedures available; (c) Rules ofprocedure: (d) Substantive rules of general Jorli":J01

### i1t, adopted

as authorized by law. and statements

# ,J"**ie~erJI** ;'011":' 

### or interpretations of general applicabuu

. -'.,rmuIJled 'Jnd adopted by the agency: and (e) Eachamendmentor revision :0. ,r 

### 'e:'CJ! .)( anv of the foregoing.

. (2) Except to the extent that he ,-"**J':~U.l;** -,nd nrnelv 

### notice of the terms thereof, a pcr

...,n T

..I' 

### 'vt In J

### ny

mannerbe required to resort to. or "< J';'ef'<l, 

### .1lfeCled by, a matter required to be pubu-nec ,r :,H',-,'ed 

### and
not so published or displayed.**[1'~** -. . h 1:.1

### uve Measure No. 276. approved Noverrv-e- 

# r: I .



### RCW 42.17.255 Invasion 

# or pn'.n. eke. " 

### person's "right to privacy," "right otr-•. 1,\ 

### :-r 'h\ 

### or "personal privacy," as these terms J'':**.>C~** ., '!'I,\ 

### .:hap· ter, is invaded or violated only If .j"

... ,,\orr .f oi

### ormation aboutthe person: (I) Would be

- 

### c ' .1 (('n\I'

### e \0 J 

### reasonable person. and (2) is not vI' ('I{.

.**-~:(' _.'n,e~n**  LO 

### the public. The provisions of this**_~.J:-·C' :('~** **.~i** 

### IOollh the right to privacy in certain pubuc 'r, r<:, i..**~I'I** 

### ereate any right of privacy beyond 

### t:""c

.**~~:,** ':':.11 

### He

-[0;**4~17REW-p-201** -**~--** 

### specified in this chapteras express exemptions from the public's rightto inspect. examine.or copy publicrecords. [1987 c 403 § 2.] ,,-

. Intmt--1987 e 403: 'The legislature intends to restore the laO relating to the release of public records largely to that which existed prior to the Washington Supreme Court decision in •In re Rosier.' lOS Wn.2d 606 (1986). The intent of this legislation is to make clear that: (I) Absent statutory provisions to the contrary. agencies possessing records should in responding to requests for disclosure not make any distinctions in releasing or not releasing records based upon the identity of the person or agency which requested the records. and (2) agencies having public records should rely only upon statutory exemptions or prohibitions for refusal to provide public records. Further. to avoid unnecessary confusion••privacy' as used in RCW 42.17.255 is intended to have the same meaning as the definition given that word by the Supreme Court in •Hearst v. Hoppe.' 90 Wn.2d 123. 135 (1978).' (1987c403 § I.)

Se9etabillty--1987 c 403: • 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: [1987 c 403 § 7.J



### RCW 42.17.260 Documents and indexes to be

### made public:. (Effective until 

### JuJy I, 1990.) (1) Each agency. in accordance with published rules, shall make available for public inspection and copying all public records. unless the record falls within the specific exemptions of subsection (5) of this section. RCW 42,17.310. ·n.17- .315. or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion ofpersonal privacy interests protected by RCW 42.17.310 and 42- .17.315. an agency shall delete identifying details in a

manner consistent with RCW 42.17.310 and 42.17.315 when it makes available or publishes any public**recorq~,** 

### however. in each case, the justification for the

### deletio\~ shall beexplained 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 afterJanuary I. 

### 1973: (a) Final opinions. including concurring and dissenting opinions, as well as orders. made in the adjudication ofcases: (b) Those statements of policy and interpretations of policy. statute, and the Constitution which have been adopted by the agency: (c) Administrative staff manuals and instructions to staffthat affect a memberof the public: (d) Planning policies and goals. and interim and final planningdecisions; (e) Factual staffreports and studies. factual consultant's reports and studies, scientific reports and studies. and any other factual information derived from tests. studies. reports. or surveys. whetherconducted by public employees or others: and (f) 

### Correspondence. and materials referred to therein. by and with the agency relating to any regulatory. supervisory. or enforcement responsibilities of the agency. whereby the agency determines, or opines upon. or is asked to determineor opine upon. the rights of the state. the public. a subdivision of state government. or of anv private party. 

# 0

___**U~89_** Laws)

._

### Disclosure 42.17.260



# •

•

• (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 burdenor interfere with agency operations; and (b) Make available for public inspection and copying all indexes maintained foragency use. (4) A public record may be relied on. used. orcited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any otherpurposeonly 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 goodcausepursuant to a hearing underthe provisions of chapter 34.05 RCW. [1987 c 403 

### § 3; 1975 1st ex.s. c 294 § 14; 1973 c I § 26 (Initiative Measure No. 276. approved November 7, 1972).]

Inteat-5eYerability--1987 e '"13: See notes following RCW 42.17.255. Exemption for registered trade names: RCW 19.80.065.



### RCW 42.17.260 Documents and indexes to 

### bemade public. (EffectiveJuly 1. 1990.) (I) 

### Each agency. in accordance with published rules, shall make available for public inspection and copying all public records. unless the record falls within the specificexemptions ofsubsection (5) of this section, RCW 42.17.310. 42.17.315. or other statute which exempts or prohibits disclosure of specific informationor records. To the extentrequired to prevent an unreasonable invasion of personal privacy interests protected by RCW 42.17.310 and 42.17.315. an agency shall delete identifying details in a manner consistent with RCW 42.17.310 and 42.17:315 when it makes availableor publishes any public record; however. in each case. the justification for the deletion shall be explained fully inwriting. (2) Each local 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 I. 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;

(1989 Laws) 

### (c) Administrative staff manuals and instructions to staffthataffect a memberof the public; (d) Planning policies and goals. and interim and final planningdecisions;

. , (e) Factual staffreports and studies. factual consultant's reports and studies. scientific reports and studies. and any other factual information derived from tests. studies. reports. or surveys. whetherconducted by public employees or others; and (f) 

### Correspondence. and materials referred to therein. by and with the agency relating to any regulatory. supervisory, or enforcement responsibilities of the agency. whereby the agency determines, or opines upon. or is asked to determineor opineupon. the rightsof the state. the public. a subdivision of state government. or of any private party. (3) A local agency need not maintain such an index. if to do so would be unduly burdensome. but it shall in thatevent: (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 (b) Make available for public inspection and copying all indexes maintained foragency use. (4) ByJuly I, 1990, each state agency shall. by rule. establish and implement a system of indexing for the identification and location of the following records: (a) All records issued before July I. 1990. for which' the agency has maintained an index; (b) Final orders entered after June 30, 1990. that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and that contain an analysis or decisionof substantial importance to the agency in carrying out its duties; (c) Declaratory orders entered after June 30.1.990. that are issued pursuant to RCW 34.05.240 and: that contain an analysis or decision ofsubstantial importance to the agency incarrying out itsduties: (d) Interpretive statements as defined in RCW 34.05.0IO(8) that were entered afterJune 30. 1990: and (e) Policy statements as defined in RCW 34.05.0IO(14) that were entered afterJune 30. 1990. Rules establishing systems ofindexing shall include. but not be limited to. requirements for the form and content of the index. its location and availability to the public. and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July I. 

### 1990. shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailedcopies of indexes. (5) A public record may be

### relied on. used. or cited as precedent by an agency against a party other than an

ICh.42.17 RCW-p 211

### 42.17.260 Disclosure

I 

# j agency and it may be invoked by the agency for any otherpurpose only if-- (a) It has been indexed in an index available to the public; or

.. (b) Parties affected have timely notice (actual or constructive) ofthe terms thereof. (6) 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 ordirected 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 underthe provisionsof chapter 34.05 RCW. the Administrative Procedure Act. [1989 c 175 

### § 36; 1987 c 403 

### § 3; 1975 1st ex.s. c 294 

### § 14; 1973 c I § 26 (Initiative Measure No. 276. approved November7. 1972).]

EffectiYedate--I989e 175:Sec note following RCW 34.05.010. (nteat--se'erability--1987 e 403: See notes following RCW 42.17.255. Exemption for registered trade names: RCW 19.80.065.

RCW 

### 42.17.270 Facilities for copying--Avail. abilityofpublic 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. Agencies shall not distinguish among persons requesting records. and such
persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate *RCW 42.17.260(5) or otherstatutewhichexempts or prohibits disclosure of specific information or records to certain
persons. Agency facilities shall be made available to any person for the copyingofpublic records except when and to the extent that this would unreasonably disrupt the operations ofthe agency. Agencies shall honor requests received by mail for identifiable public records unless exempted by provisions of this chapter. [1987 c -t03 

### § -t; 1975 1st ex.s. c 294 § 

### IS; 1973 c 1 § 27 (Initiative Measure No. 276. approved November 7. 1972).]

eRe

....'s noce: RCW 42.17.260 was amended by 1989 c li5 § 36. and theprevioussubsection (5) wasrenumbered 3S subsection (6).

Incenc--5eYeBbility--1987 c -403: See notes following RCW 42.17.255.

RCW 

### 42.17.280 Times for inspection and copying. Public records shall be available for inspection and copyingduring thecustomary office hours ofthe agency: 

### Provided. That if the agency does not have customary office hours ofat least thirty hours per week. the public records shall be available from nine o'clocka.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 representative agree on a different time. [1973 c--I 

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

RCW 

### 42.17.290 Protection of public

# record~" 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 preventexcessive interference with other essential functions ofthe agency. Such rules and regulations shall provide for the fullest assistance to inquirers 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 :"ojo. 276, approved November 7, 1972).]

RCW 

### 42.17.295 Destruction of information 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.]

Se'erability--1982e 208:Sec RCW 42.40.900.

RCW 

### 42.17.300 Charges for copying. No fee shall be charged for the inspection ofpublic records. Agencies may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records. which charges**shaU~** not exceed the amount necessary to reimburse t{ f agency for its actual costs incident to such

## copyin~~ [1973 c 1 

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

RCW 

### 42.17.310 Certain personal and other records exempt. (1) The following are exempt from public inspection and copying: (a) Personal information in any files maintained for students in public schools. patients or clients of pu blic institutions or public health agencies, or welfare recipients. (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 (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or 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 ofwhich isessential to effective law enforcement or for the protection of any person's right to privacy. 

# 0

..

- f\989 Laws)

### Disclosure 

### 42.17.310



# •

•

• (e) Information revealing the identity ofpersons who file complaints with investigative. law enforcement. or penology agencies. other than the public disclosure commission. ifdisclosure would endanger any person's life. physicalsafety. or property. 

### Ifat the time the complaint is filed the complainant indicates a desire for disclosure

or nondisclosure. such desire shall govern. However. 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 underoath. 

## (0 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 projector prospectivesaleisabandoned or until suchtime 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 afterthe appraisal. (h) Valuable formulae. designs. drawings. and research data obtained by any agency within fiveyears of the request fordisclosurewhen disclosure would produce privategain 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 citedby an agencyinconnection with any agency action. 

## U> Records which are relevant to a controversy to which an agency is a party but which records would not 

### beavailable to another party under the rules of pretrial discovery forcauses pendingin the superiorcourts. (k) Records. maps. or other information identifying the location of archaeological sites in order to avoid the looting ordepredation ofsuch sites. (I) 

### Any library record. the primary purpose of which is to maintaincontrol oflibrary 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 behalfof a person. firm. or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system constructionor repaircontract as required by RCW 47- .60.680 through 47.60.750 or (b) highway construction

or improvementas required by RCW 47.28.070. (n) Railroad company contracts filed with the utilities and transportation commission under RCW 81.34.070. except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter. (0) 

### Financial and commercial information andrecords supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW. (p) Financial disclosures filed by private vocational schools underchapter 28C.IO RCW. (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095

(1989 Laws) 

### thatacourthas determinedareconfidential under RCW 80.04.095. (r) Financialand commercial information and records supplied by businesses during application 

### for-loans or program services provided by chapter 43.163 RCW and chapters 43.31, 43.63A. and 43.168 RCW. (s) Membership lists or lists of members or owners of interests of units in timeshare projects. subdivisions. camping resorts. condominiums. land developments. or common-interest communities affiliated with such projects. regulated by the department of licensing. in the files or possession of the department. (t) All applications for public employment. including the names ofapplicants. resumes. and other related materials submitted with respectto an applicant. (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records. employment or volunteer rosters. or mailing lists of employees or volunteers. (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they arecustomers. (w) Information obtained by the board of pharmacy

as provided in RCW 69.45.090. (x) Information obtained by the board of pharmacy and its representatives as provided in RCW 69.41.044 and 69.41.280, (y) Financial information. business plans. examination reports. and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking'certification underchapter 31.24 RCW. (z) Financial and commercial information supplied to the state investment board by any person when the information relates to the investmentof public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this" information. (aa) Financial and valuable trade information under RCW 51.36.120. (2) Except f2r information described in subsection (I)(c)(i) of this section andconfidential incomedata exempted from public inspection pursuant to RCW 84.40- .020. 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· thereofto every person in interest and the agency. that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function

.

(Ch.42.17 RCW-p 231 ;f,

'0 • .:

### 42.17.310 Disclosure

(4) Agency responses refusing, in whole or in part. inspectionof any publicrecord shall includeastatementof the specific exemption authorizing the withholding of the record (or part) and a briefexplanation of how the exemption applies to the record withheld. [1989 1st ex.s. c 9 § 407; 1989 c 352 § 7; 1989 c 279 § 23; 1989 c 238 § 1; 1989 c 205 § 20; 1989 c 189 § 3; 1989 c 11 

### § 12. Prior: 1987 c 411 § 10; 1987 c 404 § 1; 1987 c 370 § 16; 1987 c 337 § 1; 1987 c 107 § 2: prior: 1986 c 299 § 25; 1986 c 276§ 7; 1985 c 414 § 8: 1984 c 143 § 21: 1983 c 133 § 10; 1982 c 64 

### § I; 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).]

Rftiser'sDOCr. This section wasamended by \989 c II § 12. 1989 c 189§ 3.1989c 205 § 20. \989 c 238 § I. 1989 c 279 §23. \989 c 352 § 7. and by \989 1st ex.s. c 9 § oW7,each without reference to the other. All amendments are incorporated in the publication oi this sectionpursuantto RCW 1.12.025(2). For rule ofconstruction. see RCW 1.12.025( I).

[freethe**dat~erabiUty--1989** 1st ex.s. e 9: See RCW 43.70.910 and 43.70.920.

Re,on---se.erability--1989 c 279:See RCW 43.163.900 and 43.163.901.

Sfterability--1989e II: See note following RCW 9A.56.220. Sfterability--1987e411:See RCW 69A5.9oo. Sfterability--Efrecti.e date--1986 e 299: See RCW 28C.10- .900 and 28C.\0.902.

Sfterability--1986c 276:See RCW 53.31.90I. SfterabiUty--I984e 143: See RCW 81.34.900. Exemptions from public inspection accounting records of special inquiry judge: RCW 10.29.090. certificate submitted by physically or mentally disabled person seeking adriver's license: RCW 46.20.041. commercial fertilizers. sales reports: RCW 15.54.362. criminal records: Chapter 10.97 RCW. examinationreportsof the supervisor ofbankingand supervisor of savings and loan associations: RCW 30.04.075. 32.04.220. 33.04.110. local government joint self-insurance pool. liability reserves: RCW 48.62.110. medical disciplinary board. reports required to be filed with: RCW 18.72.265. organizedcrime

advisorv board files: RCW \0.29.030. investigative information: RCW 43.43.856. salary and fringe benefit survey iniormation: RCW 288.16.110. 41.06.\60.



### RCW 42.17.311 Duty to disclose or withhold information---Otherwise provided, Nothing in RCW 42.17.310(1) .(q) through (s) shall affecta positive duty of an agency to disclose or a positive duty to withhold information which duty to disclose or withhold is contained in any otherlaw. [1987 c404 § 

### 3.]

eRftiser's note: Subsections (q) through (s) wereredesignated as (t) through (v) in the incorporation of the 1987 amendments to RCW 42.17.310.



### RCW 42.17.314 Electrical utility records. requestby law enforcement agency. A law enforcement authority may not request inspection or copying of records of any person. which belong to a public utility district or a municipally owned electrical utility. unless the authority provides the public utility district or municipally owned electrical utility with a written statement in which th,.c; authority states that it suspects that the particular person to whom the records pertain has committed a crime and the authority has a reasonable belief that the re- "-,, cords could determine or help determine whether theU. 

### <, suspicion might be true. Information obtained in violation of this rule is inadmissible in any criminal proceeding. [1987 c 403 § 

### 6.]

Intent--8e,erability--1987 c 403: See notes following RCW 42.17.255.



### RCW 42.17.315 Certain records obtained by colleges. uni'ersities. 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 ordocuments obtained by said college. university, library. orarchive through or concerning any gift. grant. conveyance. bequest. or devise, the terms of which restrictorregulate public access to such records or documents: Provided. 

### That this section shall not apply to any public records as defined in RCW40.14.010. [1975 1st ex.s, c 294 § 

### 22.]

RCW 42.17.316 Certain records of impaired physician program exempt. The disclosure requirements of this chapter shall not apply to records of the committee obtained in an action under RCW 18.72.301 through 18.72.321. [1987 c 416 § 7.]

Efrectifedate--1987 e 416: Seenote following RCW 18.72.301.



### RCW 42.17.317 Information on commercial**fertil.~\** 

### izer distribution exempt. Information provided underV RCW 15.54.362 is exempt from disclosure under this chapter. [1987 c 45 § 15.]

Coasrructi-SC.erability--1987 c 45: See notes following RCW 15.54.270.



### RCW**42.17.~ ~.~**  

### Information on concealed pistol li

### censes exempt. The license applications under RCW 9.41.070 are exempt from the disclosure requirements of this chapter. Copies of license applications or information on the applications may be released to law enforcement orcorrections agencies. [1988 c 219 § 

### 2.]

RCW 42.17.319 Certain records of investment opportunitiesoffice exempt. Notwithstandingthe provisions of RCW 42.17.260 through 42.17.340. no financial or proprietary information supplied by investors or entrepreneurs under chapter 43.31 RCW shall be made available to the public. [1989 c 312 § 

### 7.]

Se'erability--1989c 312: See note following RCW 43.31.403.



### RCW 42.17.320 Prompt responses required. Responses to requests for public records shall be made promptly by agencies. Denials of requests must be accompanied by awritten statementofthe specific reasons therefor. Agencies shall establish mechanisms for the
most prompt possible review of decisions denying inspection, and such review shall be deemed completed

# aO

the end of the second business day following the denia\

-(1989 LawsIDisclosure .&2.17.360

.-" 

# •

•

• ofinspection and shall constitute final agency action for the purposes ofjudicial review. [i975 1st ex.s. c 294 

### § 18; 1973 

### c 1 

### §

### 32(Initiative Measure No. 276. approved November7.1972).]

RCW 42.17.330 Court protection of public records. The examination of any specific public record may be enjoinedif. upon motion and affidavit. thesuperiorcourt 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 

### lstex.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. (l) Upon the motion ofany 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 copying ofa specific public record or class of records. The burden ofproofshall be on the agency to establish thatrefusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records. (2) Judicial review of all agency actions taken or challenged under RCW 42.17.250 through 42.17.320 shall 

### bede novo. Courts shall take into account the policy of this chapter that free and open examination of public records is inthe public interest. even though such examination may cause inconvenienceor 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 attornev fees. incurred in connection with such legal action. in addition. it shall be within the discretionof 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. [1987 c 403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c I § 34 (Initiative Measure No. 276. approved November 7, 1972).]

Intent-se.erabiliry--1987 c 403: See notes following RCW 42.17.255.



## ADMINISTRATIONANDENFORCEMENT

RCW 42.17.350 Public disclosure commission--- Established-MembershiJr-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

(1989 Laws) consent ofthe 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 I. 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 officerofany 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

manner provided in chapter 34.05 RCW. Any member of the commission may be removed by the governor. but only upon grounds of neglect of duty or misconduct in office

. Members shall be compensated in accordance with RCW 43.03.250 and in addition shall be reimbursed for travelexpenses incurred whileengagedin the business of the commission as provided in RCW 43.03.050 and 43- .03.060. The compensation provided pursuant to this section shall not be considered salary for purposes ofthe provisions ofany retirement system created pursuant to the general laws of this state. [198.+c 287 

### § 74; 1982 c 147 

### § IS: 1975-'76 2nd ex.s. c 112 

### § 8: 1975-'76 2nd



### ex.s. c 34 

### § 93; 1975 

### lst ex.s. c 294 

### § 23: 1973 

### c I § 35 (Initiative Measure No. 276. approved November 7. 1972).]

Re.iser·s IlOte--Sunsetact application: The publicdisclosurecommission is subject to review. termination. and possible extension under chapter 43.13\ 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. 42.11.350 through 42.17.380. 42.17.395. 42.17.397. 42.11,405.**~2.1** 1. .420. 42.11.430. and .l2.17.450 are scheduled for future repeal under RCW 43.131.270.

Legislari.e findings--Se.erability--Effecti.e date---1984 c 287:Sec notes followingRCW 43.03.220.

Effectite date--Se.erability--1975-'76 2nd ex.s. c 34: See notes followingRCW 2.08.115.

RCW 42.17.360 Commission---Duties. The commission shall: (I) Develop and provide forms for the reports and
statements required to be made under this chapter:

J I 

### leb. 42.17 RCW-p 25) >.



### .',

### 42.17.360 Disclosure

(2) Prepare and publish a manual setting forth rec- ?mmended uniform methods ofbookkeeping and report

### 109 for use by persons required to make reports and statements underthis chapter; (3) Compile and maintain a current list of all filed reports and statements; (4) Investigatewhetherproperlycompletedstatements and reports have been filed within the times required by this chapter; (5) Upon complaint or upon its own motion. investigateand reportapparentviolations of this chapterto the appropriatelaw enforcementauthorities; (6) Prepare and publish an annual report to the governor as to the effectiveness of this chapter and its enforcementbyappropriate lawenforcement authorities; and (7) Enforce this chapter according to the powers granted it by law. [1973 c I § 36 (Initiative Measure No. 276. approved November7. 1972).)

Samet Actappticatioa: Seenote following RCW 42.17.350.



### RCW 42.17.370 Commission--Additional powers. The commission isempoweredto: (I) Adopt. promulgate. amend, and rescind suitable administrative rules to carry out the policies and purposes of this chapter. which rules shall beadopted under chapter 34.05 RCW; (2) Appoint and set, within the limits established bv the committee on·agency officials' salaries under R,CW 43.03.028, the compensation of an executive director who shall perform such duties and have such powers as the commission may prescribe and delegate to implement and enforce this chapterefficiently and effectively. Thecommission shall notdelegate its authority toadopt. amend. orrescind rules nor shallitdelegate authority to determinewhetheran actualviolationof this chapterhas occurredor to assess penalties for such violations: (3) Prepare and publish such reports and technical studies as in itsjudgment will tend to promote the purposes of this chapter. including reports and statistics concerning campaign financing, lobbying. financial interests of elected officials. and enforcement of this chapter; (4) Make from time totime, on its ownmotion. audits and field investigations; (5) Make public the time and date of any formal hearing set to determine whether a violation has occurred. the question or questions to be considered. and the results thereof: (6) Administer oaths and affirmations. issue subpoenas, and compel attendance, take evidence and require the production of any books. papers. correspondence. memorandums. or other records relevant or material for the purpose of any investigation authorized under this chapter, or any otherproceeding under this chapter: (7) Adopt and promulgate a code of fair campaign practices; (8) Relieve. by rule. candidates or political committees ofobligations to 

### comply with the provisions of this chapter relating to election campaigns. if they have not**~--** --**~-(Cb.42.1-7-RCW-p-261** 

### received contributions nor made expenditures in connection with any election campaign of more than one thousanddollars; '''''. (9) .Adopt rules prescribing reasonable reqUirementO/ for keeping accounts of and reporting on aquarterly 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 the rules. accounts, and reports andmake appropriate findings. comments. and recommendations in his examination reports concerning those agencies: (10) After hearing. byorderapproved and ratified by

a majority of the membership of the commission. suspend or modify any of the reporting requirements of this chapter in a particularcase if it finds that literal application of this chapter works a manifestly unreasonable hardship and if it also finds that the suspension or modification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists ifreporting the name of an entity required to be reported under RCW 42.17.241 ( 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**ownerl~** 

### ship interest of ten percent or more. Any suspension

# 00

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 under this section. Any citizen has standing to bring an action in Thurston county superior court to contest the propriety of any order entered under this section within one year from the date of the entry of the order: and (II) Revise. at least once every five years but no more often than every two years. the monetary reporting thresholds and reportingcode values of thischapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the periodcommencing with the month ofDecember preceding the last revision and concluding with the month of December preceding the month the revision is adopted. As to each of the three general categories of this chapter (reports of campaign finance. reports of lobbyist activity. and reports of the financial affairs of elected and appointed officials). the revisions shall equally affect all thresholds within each category. Revisions shall be adopted as rules under chapter 34.05 RCW. The first revision authorized bv this subsection shall reflect economicchanges from

### th~ time of the last legislative enactment affecting the respective code

# O.

(1989 Laws)

### Disclosure 

### 42.17.395



# •

•

-. threshold through December 1.985. [1986 c 155 § 11: 1985 c 367 §ll; 1984 c 34 § 7; 1977 ex.s, c 336 § 7; 1975 1st ex.s, c 294 § 25; 1973 c 1 

### § 37 (Initiative Measure No. 276. approved November7. 1972).)

SUDMtAC:IIppllc:adoa:Seenote following RCW 42.17.350. CoadDgeel effecti'e**da~erability--I986** c ISS:See notes following RCW 43.03.300.

$e'el'1lbillty--1977 ex.s, e 336: See note following RCW 42.17.040.



### RCW 

### 42.17.375 Reports filed with county elections official--Rules go,erning. With regard to the reports requiredby this chapterto be filed with acounty auditor

or county elections official. the commission shall adopt rules governing the arrangement. handling. Indexing. and disclosing of those reports by the countv auditor or county elections official. The rules shall ensure ease of

access bythe public to the reports and shatl include. 

### but not be limited to. requirements for 

### indexrng the reports by the names ofcandidates or political commutees and by the ballot proposition for or against whu:h J political committee is receiving contributions or malting expenditures. [1983 c 294 § 1.]

SUDMtAC:llppilc:atloa:See note following RC\\,**~=** 

# ..) <0



### RCW 

### 42.17.380 Secretary of state. 

### a"omey gen-. eraJ-Duties. (I) The office of the secrerarv or state shall 

### bedesignated as a place where the public 

### may file papers or correspond with the cornrrussron and receive any form or instruction from the comrmssron (2) The attorney general. through hIS office. shall supply such assistance as the commission 

### rnav require in orderto carry out its responsibilities under I

### hrs chapter. The commission may employ attorneys who are neither the attorney general nor an assistant auorney general to carryoutany function oftheattorney general prescribed in this chapter. [1982 c 35 § 196; \9"

### 5 I\t ev.s c 294 § 26; 1973 c 1 § 38 (Initiative Measure '0**:~6.** 

### approved November 7.1972).]

SUDMtActIpplic:ariOft: See note follow'"l RC'IoIo**~:** • l'0 Intent--Setel'1lbility--Errec:ti.e darn--',,-nr_1982

e3S:See notes following RCW 43.07.100



### RCW 

### 42.17.390 ci-n remedi"

....**~lKti0ft5.** 

### (I) One or more of the following cnd 'eme\211:$ Jnd sanetions may 

### beimposed by court order ,n JddlllOn 10 

### any otherremedies provided by law: (a) If the court finds that the "vlJthln )/. snv 

### provision of this chapter by any canc.c.re 'r :,&!I,tl"'JI

...omrnittee probably affected the 0ut,.·rnc " In, electron, 

### the resultof said election may be 

### ved •.

### ,,;j Jnd J -pecial 

### election held within sixty days or

...... (,ndlng Anv 

### action to void an election shall be 

### ,:,1rnmen.:et3 .,thln 

### one year of the dateof the election In4UOI."n It vvnrended 

### that this remedy 

### be imposed freel' n ill 

### H'pfvpnate
cases to protect the right of the eec: .tJ:C :0 

### In informed and knowledgeable vote. (b) If any lobbyist or sponsor 01 J

### n. (I'**~"** ..... )(\ 

### 10bbying campaign violates any or' t

### ne ;,r.\.\,,)11, ,.II ihrs 

### chapter. his registration may be: re\"LC...l

..If 

### 'IHr<nded and he may 

### beenjoined from recerv.ng ..)mr<n\.!lI0n or

(1989 Laws) 

### making expenditures for lobbying: 

### Provided. however. That imposition of such sanction shall not excuse said lobbyist from filing statements and reports required by this chapter. .)

. . (c) Any person who violates any of the provisions of

this chapter may be subject to a civil penalty of not

more than ten thousanddollars for each such violation. (d) Any person who fails to file a properly completed
statement or report within the time required by this chapter may be subject to a civil penalty of ten dollars
per day for eachday 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 ofany act herein prohibited. or tocompel the performance of any act required herein. [1973 c 1 § 39 (Initiative Measure No. 276. approved November 7. 1972).)

SuaserAct appliClitioll:See note following RCW 42.17.350.



### RCW 

### 42.17.395 Violations--Determination 

### by commission---lssuance 

### and enforcement of order-- Hearing-Referral-Judicial review--Petition for order of enforcement. (l) 

### The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue andenforce an appropriate order folIowing such determination. (2) The commission. in cases where it chooses to determine whether an actual violation of this chapter has occurred. shalI hold a hearing pursuant to the Administrative Procedure Act. chapter 34.05 RCW. to make such determination. Any order that the commission issues underthis section shall be pursuant tosuchhearing. (3) In lieu of holding a hearing or issuing an'f.?rder 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 isdirected under this section shalI be designated as the respondent. The order may require the respondent to cease and desist from the activity that constitutes a violation and in addition. oralternatively. may imposeone or moreof the remedies provided in RCW 42.17.390(1) (b). (c). (d). or (e): 

### Provided. That no individual penalty assessed by the commission may exceedone thousanddollars, and in any

case where multiple violations are involved in a single complaint or hearing. the maximum aggregate penalty may not exceed two thousand five hundred dollars. (5) An order issued by the commission under this section shall be subject tojudicial review under the Administrative Procedure Act. chapter 34.05 RCW. If the commission's order is not satisfied and no petition for review is filed within thirty days as provided in RCW 34.05.542. the commission may petition a court of competentjurisdiction of any county in which a petition for review could be filed under that section. for an order of enforcement. Proceedings in connection with the commission's petition shall be in accordance with RCW 42- .17.397. [1989 c 175 

### § 91: 1985 c 367 § 12: 1982 c 147 

### § 16: 1975-'76 2nd ex.s. c 112 

### § 12.] 1t

(eb. 42.17 RCW-p 27J

### 42.17.395 Disclosure

------ --**------~-~--** -----
------- s-tActappllcadoa: Seenote followingRCW 42.17:350. EffectiYeda.-l989 e 175:Seenote following RCW 34.05.010.



### RCW 41.17.397 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 competentjurisdiction for enforcement of any order it has issued pursuant to this chapter: (I) 

### A copy of the petition shall beserved bycertified mail directed to the respondent at his last known address. The court shall issue an order directing the respondentto appearat atimedesignatedin the order. not lessthan five days from the datethereof. andshow 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 thatpurpose: (a) Thatthe commission's orderisunsatisfied; and (b) Thatthe orderisregularon its face; and (c) That the respondent's answer discloses no valid

reason why the commission's order should not be enforced orthatthe respondent had an appropriate remedy by review under RCW 

### 34.05.570(3) and failed to avail himselfofthat remedy withoutvalid excuse. (3) 

### Upon appropriate application by the respondent. the court may. after hearing and for good cause. alter. amend. revise. suspend. or postpone all or part of the commission's order. In any case where the order is not enforced by the courtaccording to its terms. the reasons for the court's actions shall beclearly stated in writing, and such action shall be subject to review by the appellatecourts bycertiorarior otherappropriate proceeding. (4) 

### The court's order ofenforcement. when entered. shallhave the same force and effectas a civiljudgment. 

### (5) Notwithstanding RCW 

### 34.05.578 through 

### 34.05- .590. this section is the exclusive method for enforcing

an order of the commission. 

### [1989 c 

### 175 

### § 92; 1982 c 

### 147 § 

### 17; 1975-'76 2nd ex.s, c 

### 112 § 

### 13.)

SlIIISetActapplication:Sec note following RCW 42.17.350. Effec:tiYedate--1989 e 175:See note following RCW 34.05.010.



### RCW 42.17.400 Enforcement. (I) The attorney general and the prosecuting authorities of political subdivisions of this state may bringcivil actions in the name of the state 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 ofpolitical 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 inwhich such person resides or is found. to give such information under oath and to produce all accounts. bills.

(Cb.41.17-RCW.-,

### 281 .'. receipts. books. paperand documents which may be relevant or material to any investigation authorized under this chapter. 

# O.

(3) 

### When the attorney general or the prosecuting 

### au-, <, 

### thority of any political subdivision of this state requires the attendance of any person to obtain such information 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 deliveredto orsent by registered mail to the person at least fourteen days before the date fixed forattendance. Suchordershall 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. obedienceto the ordermay beenforced by any superior court judge in the county where the person receiving it resides or is found. in the same manner as though the orderwere a subpoena. The court. after hearing. for good cause. and upon application of any person aggrieved by the order. shall have the rightto 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 appellatecourts bycertiorariorotherappropriate 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 hao' been violatedmay himselfbring in the name of the stat' any ofthe actions (hereinafter referred to 

### as 

### acitizen's action) authorizedunderthis chapter. Thiscitizenaction 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. thejudgment awarded shall escheat to the state. but he shall be entitled to be reimbursed by the stateofWashington for costs and 

### auornevs fees he has incurred: 

### Provided. That in the case of a

### ~itizen'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 oftrial and reasonable attorney's fees incurred by the defendant. (5) 

### In any action broughtunderthis section. the court may award to the state all costs of investigation and trial, including a reasonable attorney's fee to befixed by the court. If the violation is found to have been intentional. the amount of thejudgment. which shall for this purpose include the costs. may be trebled as punitive damages. Ifdamages ortrebleddamages are awarded**in~** 

### such an action broughtagainst a lobbyist. thejUdgmeu

(1989 Laws)Disclosure 42.17.450



# -- 

# •

••• may be awarded against the lobbyist. and the lobbyist's employeroremployersjoined as defendants.jointly. severally. or both. If the defendant prevails, he shall be awarded all costs of trial. and may be awarded a reasonable attorney's fee to be fixed by the courtto be paid by the state of Washington. [1975 lst ex.s, c 294 § 27; 1973 c 1 § 40 (Initiative Measure No. 276. approved November7.1972).]

RCW 42.17.405 Suspension. reapplication ofreporting requirements in small political subdi'isions. (1) Except as provided in subsections (2) and (3) of this section. the reporting provisions ofthis chapter do not apply to candidates. elected officials. and agencies in political subdivisions with less than one thousand registered voters as of the date of the most recent general election in the jurisdiction. to political committees formed to supportor oppose candidates or ballot propositions insuchpolitical subdivisions. or to persons making independent expenditures in support of or opposition to suchballotpropositions. (2) The reporting provisions ofthis chapter apply in any exempt political subdivision from which a "petition for disclosure" containing the valid signatures offifteen percentof the numberofregisteredvoters. as of the date ofthe most recent general election in the political subdivision, is filed with the commission. The commission shall by rule prescribe the form of the petition. Afterthe signatures are gathered, the petition shall be presented to the auditororelections officerofthe county. or counties, in which the political subdivision 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 ofa valid petition. shall orderevery known affected person in the political subdivision to file the initially required statement and reports within fourteen days ofthe date ofthe order. (3) The reporting provisions of this chapter apply in any exempt political subdivision that by ordinance. resolution. or other official action has petitioned the commission to make the provisions applicable to elected officials and candidates of the exempt political subdivision. 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 orderevery known affected person in the political subdivision to file the initially required
statementand reports within fourteen days ofthe dateof the order. (4) The commission shall voidany order issued by it pursuant to subsection (2) or (3) ofthis section when. at leastfour yearsafterissuingtheorder. thecommission is presented a petition or official action so requesting from the affected political subdivision. Such petition or official action shall meet the respective requirements of subsection (2) or (3) ofthis section. (5) Any petition for disclosure. ordinance. resolution.

or official action of an agency petitioning the commission to voidthe exemption in RCW 42.17.030(3) shall

(1989 Laws) not be considered unless it has been filed with the commission: (a) In the caseof a ballot measure. at least sixty days. before the date of any election in which campaign finance reporting is to be required; (b) In the case of a candidate. at least sixty days before the first day on which a person may file a declaration of candidacy for any election in which campaign finance reporting is to be required. (6) Any person exempted from reporting under this chapter may at his or her option file the statement and reports. [1986 c 12 § 3; 1985 c 367 § 13; 1982 c 60 § 

### 1.]

SUDSetAct applicatioa: Sec note following RCW**~2.17** .350.

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

### § 18; 1973 c I 

### §**~I** (Initiative Measure No. 276. approved November 7. 1971).1

RCW 42.17.420 Date ofmailing deemed date ofreceipt--Exception. When any application, report. statement. notice. or paymentrequired to be made under the provisions of this chapter has been deposited postpaid 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 isthe 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).]

SUDSetAct applicuioa: Sec note following RCW**~2.17.350.**
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'S 43 (Initiative Measure No. 276. approved Nbvember7. 1972).)

SUII!IeI Act application: See note following RCW**~2.17.3S0.**
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 I 

### §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

leh. 42.17RCW-p 291 " v.42.17.450 Disclosure

1 

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

SametAct.ppUcadoll: Seenote following RCW 42.17.350.



## POLITICALADVERTISING

RCW 42.17.505 Definitions. The definitions set forth in this section apply throughout RCW**~2.17.510** through 42.17.540. (1) "Actual malice" means to act with knowledae of falsity orwith reckless disregard as to truth or ialslty. (2) "Sponsor" means the candidate. political committee, or person paying for the advertisement. 

### Ifa person acts as an agent for another or is reimbursed bv another for the payment. the original source of \he pa ment is the sponsor. (3) "Incumbent" means a person ho IS In present possession ofan electedoffice. [1988 c I**'1~** 

### i I )

RCW 42.17,510 Identification 

### of ,poasor--Ex. emptions. (l) All written political adverusing. whether relating to candidates or ballot proposruons. ,hall include the sponsor's name and address \:1 radio and television political advertising. whether relJtlng to candidates or ballot propositions, shall include the

..ponsors

name. The use of an assumed name

..hJII be unlawful. The party with which a candidate tiles

..hJlI be clearly identified in political advertising for parusan (Mice. (2) Political yard signs are exempt !rom the requirement ofsubsection (1) ofthis section that Ihe name and address of the sponsor of political ad,erllslng be<listed

on the advertising. In addition. the publrc drsclosure commissionshall, by rule. exempt from the .denuficarion requirements of subsection (1) of thrs -ecuon forms of political advertising such as campaign buuons. balloons.
pens, pencils. sky-writing. inscriptions. Jnd other iorms ofadvertisinz where identification IS .mpracucal (3) For the purposes of this sectron. • ard "gn

means any outdoor sign with dirnensrons !1U 

### gre.n e: than eight feet by four feet. [1984 c : Ir- 

### i

Advertising rates for political candidates Il'

...**~.** ...'

RCW 42.17.520 Picture o(**ca".'~.** \t 

### .east 

### one picture ofthe candidate used in In, ;xJ111'-:.1i Jd'erl:slng shall have been taken within the 1.1\1 ",e ·e.1r"'md -hall be no smaller than the largest**rl~:Jr~** " '''Ie ",me candidate used in the same advernser-c-:

.... .: 

## :.r- 3**~.l**
RCW 42.17.530 False political**I.'~~'** 

### ,

# ,I It is

a violation of this chapter for J**~'"''** '.) 't",nwr With actual malice: (a) Political advertising that**~.** r: J r, J**'l.~** -ratementofmaterial fact: (b) Political advertising that :'J,\(

..**::,r('~~:)** :I1.1t a candidate isthe incumbent for the ., ,:

.. '.C'**"~c:n** In fact the candidate is not the 

### incurr.ee -: (c) Political advertising that m..ll.C\ : ._(

..**~.':~::\** or indirectly. a false claim 

### stating or :-.;'" 'J.**'~e** 

### -ur-port

or endorsement ofany person or**dr~r** :JI.un

.... -nen In

(Cb. 42.17 RCW-p·301 fact the candidate does not have such support or endorsement.

. (2) Any violation of this section shall be proven by**.~.**

.clear and convincing evidence. [1988 c 199 § 2: 1984

# 0"'-\

216 

### § 3.)

RCW 42.17.540 Responsibility (or compliance. (1) Except as provided in subsection (2) of this section. the responsibility for compliance with RCW 42.17.510 through 42.17.530 shall rest with the sponsor' of the political advertising and not with the broadcasting station

orother medium. (2) If a broadcasting station or other mediumchanges the content of a political advertisement, the station or medium shall be responsible for any failure of the advertisement to comply with RCW 42.17.510 through 42.17.530 that results from that change. [1984 c 216 

### § 4.)



## TECHNICALPROVISIONS

RCW 42.17.900 Effective date--1973 c l. The effective date ofthis act shall be January I. 1973. [1973

c I § 49 (Initiative Measure No. 276. approved November 7. 1972).J

RCW 42.17.910 Severability--1973 c l. If any provision ofthis act or its application to any person or circumstance is heldinvalid. the remainderofthe act. or the application of the provision to other persons or

# Ciacumstances is not affected. [1973 c 1 § 46 (Initiati : Measure No. 276. approved November7. 1972).]

RCW 42.17.911 Severability--1975 

### Ist ex.s, c 294. Ifany provision ofthis 1975 amendatory act. or its application to any personor circumstance is held invalid. the remainder ofthe act. or the application of the provision to other persons or circumstances is not affected. [1975 lst ex.s, c 294 

### § 29.)

RCW 42.17.912 Severability--1975-'76 2nd ex.s,

c 112. If any provision of this 1976 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-'76 2nd ex.s. c 112 § 16.)

RCW 42.17.920 Construction--1973 c l. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the
event ofconflict between the provisions ofthis act and any other act. the provisions of this act shall govern. [1973 c I § 47 (Initiative Measure No. 276. approved November 7. 1972).)

RCW .&2.17.930 Chapter, section headings not part 

### oflaw. 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 NovembO 7. 1972).)

(1989 LawSI

# ••

• Disclosure

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 Construc:tion--1975-'76 2nd
ex.s, e 112. The provisions of this 1976 amendatory act

are intended to be remedial and shall be liberally construed. and nothing in this 1976amendatory 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.)

( 1989 Laws) 

### 42.17.945



# ..

.

(Ch.**~2.17** RCW-p 311

# Title23A WASHINGTONBUSINESSCORPORATIONACT

Chapters 13A.04 Definitions. 13A.08 Substantite provisions, 13A.12 Formationofcorporations. 13A.16 Amendment. 13A.%O Mergerand consolidation. 13A.14 

### Saleofassets. 13A.18 Dissolution. 13A.32 Foreign corporations. 13A.36 Nonadmittedorganizations. 13A.40 Fees and charges. 13A.44 Miscellaneous pro"isions. 13A.SO Certain regulation ofsignificant business tnnsactions. 13A.98 Construction.



## a""·$ DOff: The phrase 'thls act ' and Similar phrases appearing in 1965c 53 have been translated to read "thrs utle ". All secuons 0( 1965c 53arc codified herein wirh the excepuon of section I '"hrch :, J codirlCaliondirective and seclion Itill which IS an amendment to RC\I. 4.12.025. Actnow/edgmenrform. cornorauons: RCW64 08.070. Acquisition ofcorporarestock b, snctbercorporiuon 10 lesser: :am!'t"·

tiliofldeclaredun/a14r"ui--E,cepl/()ns--Jud/clal order ,J JJ\t">: RCW19.B6.060 Aaions byandsgsms!publiccorporaI IOns: RCW40B 110. 4.08 ;:0

.e-tilutionalprovisions. genctell»: State Consnrunon An I:!. lions(or cducsuons]. social. religious. Ireternsl. etc

..purposes.'

,TilJe24RCW. relating10corporsuons: Cruptcr 9.24 RCW. 'nalprocedure:RC", /0 Of070 tbrougt: 10.01./00.

• prscuce or soitcns uonprotubsted: RC"'**18.j:!.6~<** buJiness ",,"hoUI license.grossm/sdemeanar' RCW9.24.040

tdomainb.,ccroorauons. Cbeptcr8.:!0RC". ·",emen/s. penalll tortiling: RC"'43.07:!IO.

. /Ioan compsmcs Cruoter 31.04 RC"' 

## "

. sdverusmg at: pensti»:RC\.\. 30.04.:'60. specifical/., sutronreo ro bepruuea Jndd,slflbuled 0\ sec-**·of.~re·** RC" 4] O' /40'

. : Tille':!: RCW ,defined: RCW1./6.0BO.**tervi~** corporsuons: Chsoter /8100 RC\.\.. 

# "!-net of secrerarv of Hale. depow of rnonevs for costs Jr"

OCII secrerarv or" states (uncuons under lh,s w/e RC"

of:RCIA'6404 105 ChJpler 4J O· RC"



### Chapter 23A.04**D[FI'ITIO~S** 

### 23A.04.010 Definitions. (Effecti"e until July I. 1990.) As used in this title. unless the context otherwise requires. the term: (I) 'Corporation' or 'domestic corporation" means a corporation for profit subject to the provisions ofthis title. except a foreign corporation. (2) •Foreign corporation' means a corporation for profit organized under laws other than the laws of this
state for a purpose or purposes for which a corporation
may be organized under this title. 0) •Articles of incorporation' means the original or restated articles of incorporation or articles of consolidation and'all amendments thereto including articles of
merger. (4) •Shares" means the units into which the proprietary interests in J corporation are divided. (5) 'Subscriber' means one who subscribes for one or

more shares In J corporation. whether before**o~** after incorporation. (6) 'Shareholder" means one who is a holder of record ofone or more shares in a 

### corporauon If the articles of incorrorauon or the 

### bvlaws ,0 provide. the board ofdircctors m'lY adopt by resoiuuon J procedure whereby a shareho'uer ofthe corporation may certify in writing to the 

### .orporation that all or a portion of the shares registered in the name of such shareholder are held for the account of a specified person or persons. The resolution shall set forth: (a) The classification ofshareholder who may certify; (b) The purpose or purposes for which the certification may be made: (c) The form of certification and intorrnauon to be contained theretn: (d) Ifthe ceruficauon is with respect to a record date

or closing of the stock transfer books within which the certification must be received by the corporation; and (e) Such other provisions with respect to the procedure as are deemed necessary or desirable. Upon receipt bv the corporation of a certification complying with the procedure. the persons specified in the certification shall be deemed. for the purpose or purposes set forth to the certification. to be the holders of record of the number of shares specified in place of the shareholder making the certification. (7) •Authorrzed shares' means the shares of all classes which the corporation is authorized to issue. (8) •Duplicate originals' means two copies. original

or otherwise. each with original signatures. or one original with original signatures and one copy thereof. (9) 'Conforms to law' as used in this title in connection with duties of the secretary of state in reviewing documents for filing under this title means the secretary

rrille lJA RCW-p II-----------

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



### 13A.04.010 Title 23A RCW: Washington Business Corporation Act**'-~** :H.08.330**~3A.08.340** 23A.08.343 23A.08.345



## mile 13ARCW-9 21 

### Chapter 23A.08 

### SL'BST**A~TIVE PRO\'ISI0~S**  

# C5



# o Registered name. Renewal of registered name. Registered office and registered agent. Change of registeredofficeor registered agent. Service ofprocess on corporation. AUlh01'izcd shares. Issuance of shares ofpreferredor special classes in

serres Creauon and Issuanceof rights or opuons 10 purchase

shares from theccrporation. Subscnpuon for shares. Issuance ofshares. Deterrmnauon of pnce--Paymenl for shares. Expenses oforgamzauon. reorgarnzauon and financing Shares--Represenlalion by certificates permitted--

Contents ofcertificates. Issuance ofclasses or series ofshares withoutceruficales--Written statement. Issuance 01' rracuons of a share or scnp Liab.luvof subscrrbers and transferees.**Shareh~lders** preernpuve rights. Byla

...s. Bvlaws and other powers in ernergencv Meeurigs of shareholders. Shareholder presence-Conference calls Nonce of shareholders' meetings. Action bv shareholders without a meeting Closmg**~f** transfer books and fixmgrecord date. Record of shareholders entitled 10 vote Quorum of shareholders. Young of shares. 'ilsslng shareholders--Representallon of at meetIngs--\'otlng. Stocx .ranster bv married person Shares Issued or transferred in JOint**~en3nc~** form--

PresumPllon--Transfers pursuan: io cirecuon of

'iUf\ '\or Cornrnunuv property agreements--Tunslers of

shares pursuant 10direcuon of survrvmg spouse. \ oung trusl--Agreements. Board of directors. DUlles ofdirectors. \I. hen acuon may be taken withoul meetings ofdirectors or a committee.

.....umber and election of directors. Classrficauon ofdirectors. vacancies Removal ofdirectors. Quorum ofdirectors Dissent 0\ directors. Evecutive and other committees.**PIJ':~** ano nonce 01directors or cesignned committee**:ne~!,n~** ,--Presence. Disrr-buuons to shareholders Transacuons mvolvrngInterested snarenolder s. Transacuons Involving directors and officers. Loans 10 direcrors-c--e-Guararuees01obhgaucns of

directors Lrabrluvof directors in certain cases Provisrons reraung 10 actions**b~** ,har:holders Officers. Removal of officers. Books. records and minutes.

(1989Ed.). 

### 23A.08.020 General powers. (Effective until July I, 1990.1Each corporation shall have power:



### 23A.08.010 Purposes. (Effective until 

### July 1. 1990.) Corporations ma y be organiz.ed under this title for any lawful purpose or purposes. except lor the purpose of banking or engaging in business as an Insurer. [1979 c 16 

### §**~:** 1965 

### c 53 

### § 4.] -\ppilcablill.' rogusr sm» srocK assocrauons RC\\ .:.1**~8** 025. 23.-\.08450 23.-\08460 23A.08470 23A.08.490 23A.08.5oo 23.-\.08.350 23.-\.08.360 23A.08.370 23A.08.380 23-\.08390 23-\.08.395 23.-\.08.400**23.-\.08~** 10 23A

### oszoo 23A.08.205 23A.08.220 23A08.230 23A.08.240 23A.08.250**~3A.08.255** 23A.08.260 23A.08.265 23A.08.270 23:\08.280 23.-\.08.290 23.-\.08.300 23-\.08305

2**3A08~~0** 23A.08.425 2**3A08~35 23A.08.~~5**  23A.08.135

23-\08310 23.-\.08320

23.-\.08.325 23A.08.140 23A.08.150 23.-\.Og.155 23.-\.08180 23A.08.190

23:\.08.195 !3A.08.070 23A.08.080

. !3A.08.090

, 23A.08.IOO

!3A.08.IIO 23A.08.120 23A.08.130

Purposes. General powers Indernruficauon of directors and officers Indemnification of agents authorlzed--Appllcatlon of

RCW 23A.08.025. Power ofcorporation to acquire ItS0""'n shares

...... Defense of unra Vires Corporate name. Reserved name. Sections**~3A.08010 ~3A.08.020**  23A.08.025 23A.08.026

23A.08.030 23A.08.040 23A,08.050 23A.08.060

Segerability--1986 c 117: 'If**an~** provisron vi nus act or ItS 

### lr· plication to any person or CIrcumstance IS held Invalid. the remainder of the act or the application of the provrsion to other persons or errcumstances is not affected.' [1986 c 117 § 271**IlItftlt---se.tnbili~--Errecti.e** dates--Application--1982

e 35: Sec notes Iollowmg**RC~ ~30~.160.**  of state has determined the document complies as to form with the applicable requirements ofthis title. (10) "Effective date" means. in connection with a filing made by the secretary of state. the date which is shown by affixing a "filed" stamp on the documents. When a document is received for filing by the secretary ofstate in a form which complies with the requirements ofthis title and which would entitle the document to 

### be filed immediately upon receipt. but the secretary of state's approval action occurs subsequent to the date of receipt. the secretary of state's filing date shall relate back to the date on which the secretary ofstate first received the document in acceptable form. An applicant
may request a specific effective date no more than thirty days later than the date of receipt which might otherwise be applied as the effective date. (11) "Executed by an officer of the corporation.' or words of similar import. means that any document signed by such person shall be and is signed by that person under penalties of perjury and in an official and authorized capacity on behalfofthe corporation or person submitting the document with the secretary ofstate. (12) "An officer of the corporation' means. in connection with the execution of documents submitted for filing with the secretary of state. the president. a vice president. the secretary or the treasurer of the corporation. (13) "Distribution' means a direct or indirect transfer of money or other property (except its own shares I or incurrence of indebtedness by a corporation to or for the benefit ofits shareholders in respect ofany ofits shares. A distribution may 

### bein the form ofa dividend; a pur

### chase. redemption. or other acquisition of shares; or otherwise. 

### (14) "Public company' means a corporation that has

a class of shares registered with the federal securities and exchange commission pursuant to section 1 of the securities exchange act of 1934. or section 8 of the investment company act of \9.t0. or any successor statute. and that has more than three hundred holders of record ofits shares. [198" c 1 § 710; 1986 c I \ 7 

### § \: 1984 c 75 

### § I; 1982

### c 35 

### § 4; 1979

### c 16 

### § 1; 1965 

### c 

### .53 

### § 3.]