./

• Chapter 42.1"1, RCW

DISCLOSURE--CAMPAIGN FINANCES--

LOBBYING--RECORDS

REPORTI~G BY PLBLIC TREASLRERS

42.1" :4~ Public recounts 0; governrnenrat enuues hcld ~\ 'inan·

.:I aI 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,loty 0; public records.

Times ior Inspection and copy 109.

Protecuon of public records--Public access.

Desuucuon vf mfor ma uon '~!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 of impaired ~hvslclan orograrn exempt

lnformauon on cornmer ciat .er uhzer distribuuon

exernor.

lnforrnaucn on concealed pistol ucenses evernot .

Cert a m records 0f rnvest rnent Jpportunll,b ot'Iice

evernot.

Prompt responses required.

Court ororecuon of public recorcs.

Judicia: review of agency actions.

TECHNICAL PRovISIO"S

Eifccllve datc--197 3 c I.

$evcraol!it\'--1973 c I

SevcrJb"It~'--19'75 1st e v.sv c 290l

Severab,lity--1975- ~6 2nd ex.s.,; 112.

Conslructlon--I 973 c I.

Chapter. section headings not part of law

POLITICAL ADVERTISI'G

Defimuons.

Idenuficauon of sponsor--E vernpuons,

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 s order .Jr" enror cernent.

Enror cemem.

Suscensron. reapplicauon vr" reoorung requrremenrs .n

small polouca I subdivisrcns.

Lirnuauon on acuons.

Date .JI 'flailing dcemed date or' rccclpt--E.\ccpllon.

Cerruica uon of reports.

Statements and reports public records.

DUI\ :0 preserve statements .mo -ercns.

42.1 ;300

42.1 ~.3 I 0

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--

Declaration of 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 com nbuuons----Cuh contnbuuons.

Filing and reponing by continuing poliucal cornrnutee.

Fund-raising activities--Alternauve reporung

method.

Expcnditures---Authorization of and restrictions on.

Candidates and treasurers duty to report conrnbuuons

and expenditures.

Contents 0; report.

Disposal 0; surplus funds.

Special reports--Indcpendent campaign 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 01 conmbuuons and ccmrnurucauons.

Personal use 0; contnbuucns-c--e-When permutec.

Forbids 11K of public office or agency facrliues .n

campaiglU.

Earmarked contributions.

Sections

42.17.010

42.17.020

42.17.2401

42.17.241

42.17.242

LOBBYIST REPORTING

Regisrrauon of lobbyists.

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.

Contents 0; rcport.

Concealing ,dentlty 0; 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 2nd eu. 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 information on 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 of Washington:

( 1) That political campaign and lobbying contributions and expenditures be fully disclosed to the public

and that secrecy is to be avoided.

(2) That the people have the right to expect 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 of their public officials. and of candidates for those offices. present no conflict of interest between the public trust and private interest.

(4) That our representative form of government is

founded on a belief that those entrusted with the offices

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

those officials deal honestly and fairly with the people

(5) That public confidence in government at all levels

is essential and must be promoted by all possible means.

(6) That public confidence in government at all '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 L nited States. and

in consequence thereof. it is desirable to have implementing legislation at the state level.

(8) That the concepts of disclosure and limitation JIelection 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

thereof it is desirable 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 of government. full access to inrorrnauon concerrung

the conduct of government on every level must be assured JS J fundamental and necessary precondition to

the sound governance of a free SOCIety.

The provisions of this chapter shall be liberally construed to promote complete disclosure 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 assure continuing public confidence of fairness of electiOnso

and governmental processes. and so as to assure that the

public interest will be fully protected. In promoting such

complete disclosure. however. this chapter shall be en-'

forced so as' to insure that the information disclosed will

not be misused for arbitrary 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 lst ex.s. c :9~ § r. 1973 c I § I i Inuiarive Measure No. 276. approved November i. 1972).1

SuIl:MC Act .""inriOft: See note 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 corpora uon. political

subdivision. or ot ner voting consuruencv irom and liter

the time when ·.:le proposition has oeen irutiallv filed

with the. appropriate electio.n officer of that constituenct~

pnor to Its circu ranon for signatures. ",_.)

(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 in that section.

()) "Candida:e ' means any individual who seeks

election to pubi:c otfice ..An individua i 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 of newspapers. 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 political committee that is an organization of continuing 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

full consideration. 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

fifty dollars personally paid 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 of consumables 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 a vacancy 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 (Amendment 63) of the Constitution of

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

(13) "Election campaign" means any campaign in

support of or in opposition to a candidate for election to

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

(14) "Expenditure" includes a payment. contribution.

subscription. distribution. loan. advance. deposit. or gift

of money or anything of value. and includes a contract.

promise. or agreement. whether or not legally enforceable. to make an expenditure. The term "expenditure"

also includes a promise to pay. a payment. or a transfer

of anything of value in exchange for goods. services.

property. facilities. or anything of value for the purpose

of assisting. benefiting. or honoring any public official or

candidate. or assisting in furthering or opposing any

election campaign. For the purposes of this chapter.

(1989 Laws)

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

shall not include the partial or complete repayment by a

candidate or political committee of the principal of a

loan. the receipt of which loan has been properly

reported.

(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

legislative enactment of any state agency under the state

Administrative Procedure Act. 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 is employed and all persons by

whom he is compensated for acting as a lobbyist. ,~

(21) "Person" includes an individual. partnership.

joint venture. public or private corporation. association.

federal. state. or local governmental entity' or\agency

however constituted. candidate. committee. political

committee. political party. executive committee thereof.

or any other organization or group of persons. however

organized. .'

(22) "Person in interest" means the personwho is the'

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. or other means of mass communication. used for

the purpose of appealing. directly or indirectly. for votes

or for financial or other support in any election

campaign.

(24) "Political committee" means any person (except

a candidate or an individual dealing with his own funds

or property) having the expectation of receiving contributions or making expenditures in support of. or opposition to. any candidate or any ballot proposition.

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

city. town. school district. port district. special district.

or other state political subdivision elective office.

(26) "Public record" includes any writing containing

information relating to the conduct of government or the

performance of any governmental or proprietary function prepared. owned. used. or retained by any-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 of a poli~ical

committee or candidate, the balance of contributions

that remain in the possession or control of that committee or candidate subsequent to the election for which the

contributions were received. and that are in excess of the

amount necessary to pay remaining debts incurred by

the committee or candidate prior to that election. In the

case of a continuing political committee••surplus funds'

mean those contributions remaining in the possession or

control of the committee that are in excess of the

amount necessary to pay all remaining debts when it

makes its final report under RCW 42.17.065.

(28) "Writing" means handwriting. typewriting.

printing, photostating, photographing. an.d e.very other

means of recording any form of communication or representation. including letters. words. pictures. sounds. or

symbols. or combination thereof. and all papers. maps,

magnetic or paper tapes, photographic films and prints.

magnetic or punched cards, discs. drums. and other

documents.

As used in this chapter. the singular shall take the

plural and any gender. the other. as the context requires.

[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"S noce: This section was amended by 1989 c 175 § 89 and by

1989 c 280 § I. each without reference to the other. Both amendments

are incorporated in the publication of this section pursuant to RCW

\.12.025(2). For rule of construction. see RCW 1.12.025( I).

ElfeCtite dat_I989 e 280: 'This act shall take effect January I.

1990.' [1989 c 280 § 14.)

Elfedhe dar-l989 e 175: See note following RCW 34.05.010.

Elfedhe dat_lm ex.s. e 313: 'This 1977 amendatory act shall

take effect on January 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.]

CAMPAIGN FINANCING

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 Act appficatioa: 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~ditures 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

of any other political committee, the county l~ whlc~ t~e

treasurer resides. A political committee organized within

the last three weeks before an election and having the

expectation of receiving contributions or making expenditures during and for that election campaign shall

file a statement of organization within three business

days after its organization or ~hen it first. has the expectation of receiving contributions or making expenditures in the election campaign.

(2) The statement of organization shall include but

not be limited to:

(a) The name and address of the committee: ..

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

relationship or affiliation: .

(c) The names. addresses. and titles of its officers: or

if it has no officers. the names. addresses. and titles of

its responsible leaders;

(d) The name and address of its treasurer and

depository; ...r"'-..\ . (e) A statement whether the committee IS a contlnu

109 one; . . V

(f) The name, office sought, and party affillat.lOn of

each candidate whom the committee is supporttng or

opposing, and, if the committee is supporting the entire

ticket of any party. the name of the party: .

(g) The ballot proposition concerned. If any. and

whether the committee is in favor of or opposed to such

proposition; .

(h) What distribution of surplus funds Will be made,

in accordance with RCW 42.17.095. in the event of

dissolution;

(i) The street address of the place 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 of this 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 lst ex.s, ex.s, c 294 § 3; 1973 c I § .+

(Initiative Measure No. 276. approved November 7,

1972).)

Sunset Act applicatioa: See note following RCW ·n.17.350. 0

Effecti.e dat_I989 e 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.) For codification of 1977 ex,s. c 336. see Codification Tables.

Volume O.

Effecthe date---1973 c I: See RCW 42.17.900.

RCW 42.17.050 Treasurer--Depositories. (I)

Each candidate. within two weeks after becoming a candidate. and each political committee. at the time it is required to file a statement of organization. shall designate

and file with the commission and the appropriate county

elections officer the names and addresses of:

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

candidate. to serve as a treasurer; and

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

association, or credit union doing business in this state to

serve as depository and the name of the account or accounts maintained in it.

(2) A candidate. a political committee. or a treasurer

may appoint as many deputy treasurers as is considered

necessary and may designate not more than one additional depository in each other county in which the campaign is conducted. The candidate or political committee

shall file the names and addresses of the deputy treasurers and additional depositories with the commission and

the appropriate county elections officer.

(3) A candidate may not knowingly establish. use. direct. or control more than one political committee for

the purpose of supporting that candidate during a particular election campaign. This does not prohibit: (a) In

addition to a candidate's having his or her own political

committee. the candidate's participation in a political

committee established to support a slate of candidates

which includes the candidate; or (b) joint fund-raising

efforts by candidates when a separate political committee is established for that purpose and all contributions

are disbursed to and accounted for on a pro rata basis by

the benefiting candidates.

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

time remove a treasurer or deputy treasurer or change a

designated depository.

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

change of a treasurer. deputy treasurer. or depository.

the candidate or political committee shall designate and

file with the commission and the appropriate county

elections officer the name and address of any successor.

(5) No treasurer. deputy treasurer. or depository may

be deemed to be in compliance with the provisions of

this chapter until his name and address is filed with the

commission and the appropriate county elections officer.

[1989 c 280 § 3; 1985 c 367 § 3; 1982 c 147 § 2; 1973 c

I § 5 (Initiative Measure No. 276. approved November

7. 1972).]

Sunset Act applicarion: See note following RCW 42.17.350.

Effecri,e date---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 of the

contribution.

(2) Political committees which support or oppose

more than one candidate or ballot proposition. or exist

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

of the initiation and the termination of the investment:

Provided further. That the principal of such investment

when terminated together with all interest. dividends.

and income derived from the investment are deposited in

the depository in the account from which the investment

was made and properly reported to the commission and

the appropriate county elections officer prior to an~. further disposition or expenditure thereof.-·

(4) Accumulated unidentified contributions. '6.ther

than those made by persons whose names must be~aintained 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 (I Hd) was redesignated as subsection

(I He).

SWlSet Act application: See note following RCW 42.17.350.

Effecri,e date---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 report on the same conditions and at the same times

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

(2) A continuing political committee shall file with

the commission and the auditor or elections officer of

the county in which the committee maintains its office

or headquarters and if there is no such office or headquarters then in the county in which 'the committee

treasurer resides a report on the tenth day of the month

detailing its activities for the preceding calendar month

in which the committee has received a contribution or

made an expenditure: Provided. That such report shall

only be filed if either the total contributions received or

total expenditures made since the last such report exceed

two hundred dollars. The report shall be on a form supplied by the commission and shall include the following

information:

(a) The information required by RCW 42.17.090;

(b) Each expenditure made to retire previously accumulated debts of the committee; identified by recipient.

amount, and date of payments;

(c) Such other information as the commission shall by

rule prescribe.

(3) If a continuing political committee shall make a

contribution in support of or in opposition to a candidate

or ballot proposition within sixty days prior to the date

on which such candidate or ballot proposition will be

voted upon. such continuing political committee shall report pursuant to RCW 42.17.080.

(4) A continuing political committee shall file reports

as required by this chapter until it is dissolved. at which

time a final report shall be filed. Upon submitting a final report. the duties of the campaign treasurer shall

cease and there shall be no obligation to make any further reports.

(5) The campaign treasurer shall maintain books of

account accurately reflecting all contributions and expenditures on a current basis within five business 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 of account shall be kept current

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

through Friday. excluding legal holidays. between 8:00

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

statement of organization filed pursuant to RCW 42.17-

.040. at the principal campaign headquarters or. if there

is no campaign headquarters. at the address of the campaign treasurer or such other place as may be authorized

by the commission.

(6) All reports filed pursuant to this section shall be

certified as correct by the campaign treasurer.

(7) The campaign treasurer shall preserve books of

account. bills. receipts. and all other financial records of

the campaign or political committee for not less than

five calendar years following the year during which the

transaction occurred. [1989 c 280 § 5: 1982 c 1~7 § 4;

1975 1st ex.s, c 294 § 5.]

Stmset Act applicarioa: See note following RCW 42.11.350.

Effeetiye dat_I989 e 280:See note 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

chapter 9.46 RCW; or

(iii) A gathering where food and beverages are purchased. where the price of admission or the food and

beverages is no more than twenty-five dollars; or

(iv) A concert. dance. theater performance. or similar

entertainment event where the price of admission is no

more than twenty-five dollars: or

(v) An auction or similar sale where the total fair

market value of items donated by any person for sale is

no more than fifty dollars: and

(b) No person responsible for receiving money at such

activity knowingly accepts payments from a single person at or from such an activity to the candidate or committee aggregating more than fifty dollars unless the

name and address of the person making such 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) of this section; and

(c) Such other standards as shall be established by

rule of the commission to prevent frustration of the purposes of this chapter.

(3) All funds received from a fund-raising 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 of the activity;

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

used in the activity; and

(c) The total amount of cash receipts from persons.

each of whom paid no more than fifty dollars.

(5) The treasurer or deputy treasurer shall certify the

report is correct. .

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

.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.)

ScmsetAct appliauion: See note following RCW ~2.17,350.

Effecti,e dat_I989 e Z8O: See note following RCW ~2.1 .020.

RCW 42.17.070 Expenditures-Authorization of

and restrictions on. No expenditures may be made or incurred by any candidate or political committee except on

the authority of the treasurer or the candidate. and a

record of all such expenditures shall be maintained 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. .1pproved

November 7, 1972).)

Sunset Act application: See note following RC'Ao ~: i - J ~o

Effeeme dat_I989 e Z8O: See note follow'"1 R.C'" ~: : - 020,

RCW 42.17.080 Candidates' and trKSUl'~n' dutv to

report contributions and expenditures. tt i On the dav the

treasurer is designated, each candidate or political cornmittee shall file with the commission and the counrv auditor or elections officer of the count\ In "" hld~ the

candidate resides, or in the case of a polilrcaI comrnutee.

the county in which the treasurer resides. In adduion to

any statement of organization required under RCW '+2-

.17.040 or 42.17.050, a report of all conrnbuuons received and expenditures 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

if there is no office or headquarters then In the countv in

which the treasurer resides. a report .;ont.1lnlng thejnformation required by 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 tenth day of the first :nonth ,After the election: Provided. That this report ,tlJ.i 'luI :x -equrred

following a primary election from

(i) A candidate whose name ""II, .,-~.H In :~c -ubsequent general election ballot: or

(ii) Any continuing political comm.uee. Jnd

(c) On the tenth day of each rn0n~!\ n .'lI..:!'1 no other

reports are required to be filed unce r ''1" -e..·•..on Provided, That such report shall on I :x '-. ic\J : . ne cornmittee has received a cnn t n bu i .o« H T..ldc In

expenditure in the preceding calends r ~,"'1~!\ J nd ~ll her

the total contributions received or .. 1-1 ~'=-end;(ures

made since the last such report e v. 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 no obligation 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 date of the current report.

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

fourth month preceding the date on which the special or

general election is held and ending on the date of that

election, the treasurer shall file with the commission and

the appropriate county elections officer a report of each

contribution received during that period at the time that

contribution is deposited pursuant to RCW

42.17.060(1). The report shall contain the name of each

person contributing the funds so deposited and the

amount contributed by each person. However. contributions of no more than twenty-five dollars 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 event of deposits made/by a

deputy treasurer. the copy shall be forwarded to. the

treasurer to be retained by him for his records. Ea~h report shall be certified as correct by the treasurer or deputy treasurer making the deposit. : •

(4) The treasurer or candidate shall maintain books of

account accurately reflecting all contributions and expenditures on a current basis within five business 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 consec~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 books of 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 beO

""

reported under (e) of this subsection; or (iv) expendi

tures of surplus funds and other expenditures. The repor

of such a candidate or committee shall contain a separate total of expenditures for each category and a total

sum of all expenditures. Other candidates and political.

committees need not report information regarding expenditures under the categories listed in (i) through (iv)

of this subsection or under similar such categories unless

required to do so by the commission by rule. The report

of such an other candidate or committee shall also contain the total sum of all expenditures:

(g) The name and address of 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 of any surplus funds;

U) Such other information as shall be required by the

commission by rule in conformance 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 non reporting committee has 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

officers or if it has no officers. the names, addresses. and

titles of its responsible leaders: (iv) the name. office

sought. and party affiliation of each candidate in the

state of Washingto.. whom the nonreporting committee

is supporting, and. if such committee is supporting the

entire ticket of any 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 place of business

in the state of Washington who has made one or more

contributions in the aggregate of more than twenty-five

dollars to the nonreporting committee during the current

calendar year. together with the money value and date

of such 'contributions; (vii) the name and address of each

person in the state of Washington to whom an expenditure was made by the nonreporting committee on behalf

of a candidate or political committee in the aggregate

amount of more than fifty dollars. the amount. date. and

purpose of such 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

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

as specified in the committee's statement of organization

filed pursuant to RCW 42.17.040. at the principal headquarters or. if there is no headquarters. at the address of

the treasurer or such other place as may be authorized

by the commission. [1989 c 280 § 8: 1986 c 28 § 1; 1982

c 147 § 6; 1975 lst ex.s. c 294 § 6: 1973 c I § 8 (Initiative Measure No. 276. approved November 7, 1972).J

SlIIIMtAd application: See note following RCW 42.17.350.

Effeetite dar_I989 e 280: See note following RCW 42.17.020.

RCW 42.17.090 Contents of report. (1) Each report

required under RCW 42.17.080 (I) and (2) shall disclose the following:

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

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

made one or more contributions during the period. together with the money value and date of such contributions and the aggregate value of all contributions'

received from each such person during the campaign or

in the case of a continuing political committee. the current calendar year: Provided. That pledges in the aggregate of less than one hundred dollars from anv one

person need not be reported: 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 of such income which was received from persons

whose names and addresses are required to be included

in the report required by RCW 42.17.067: Provided further. That contributions of no more than twenty-five

dollars in the aggregate from anyone person during the

election campaign may be reported as one lump sum so.

long as the campaign treasurer maintains a separate and

private list of the name. address. and amount of each

such contributor: Provided further. That the money

value of contributions of postage shall be the face value

of such postage:

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

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

names and addresses of the lender and each person liable

directly, indirectly or contingently and the date and

amount of each such loan. promissory note. or security

instrument;

(d) All other contributions not otherwise listed or

exempted;

(e) The name and address of each candidate or political committee to which any transfer of funds was made.

together with the amounts and dates of such transfers:

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

expenditure was made in the aggregate amount of more

than fifty dollars during the period covered by this report. and the amount. date. and purpose of each such

expenditure. A candidate for state executive or state

legislative office or the political committee of such a

candidate shall report this information for an 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 commission a letter providing updating or

amending information.

(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).]

Scmset Act applicarioll: See note following RCW 42.17.350.

Efreethe dat_I989 c 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 of In anyone or more of the following ways:

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

not to exceed that contributor's original contribution;

(2) Transf~r the surplus to the candidate's personal

account as reimbursement for lost earnings incurred as a

result of that candidate's election campaign. Such lost

earnings shall be verifiable as unpaid salary or, when the

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

during an appropriate. corresponding time period. All

lost earnings incurred shall be documented and a record

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

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

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

to a political committee or party;

(4) Donate the surplus to a charitable organization

registered in accordance with chapter 19.09 RCW;

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

(6). 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 42.17.040 through 42.17.090. If a subsequent

office IS not sought the surplus held shall be disposed of

in accordance with the requirements of this section.

[1982 c 147 § 8; 1977 ex.s. c 336 § 3.]

Sunset Act application: 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 itself or when

added to all other such independent campaign expenditures made during the same election campaign by the

same person equals one hundred dollars or more. or

within five days after the date of making an independent

campaign expenditure for which no reasonable estimate

of monetary value is practicable. whichever occurs first.

t~e person who ma~e the independent campaign expendltur~ 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 officer of the county of residence for the

candidate supported or opposed by the independent

campaign expenditure (or in the case of an expenditure

r:'ade in support of or.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 of each month in which no'other

reports are required to be filed pursuant to this section.

However, the further reports required by this subsection

(3) .shall only be filed if the reporting person has made

an Independent 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 no obligation to make

any further reports.

(4) All reports filed pursuant to this section shall be

certified as correct by the reporting person.

(5) Each report required by subsections (2) and (3) of

this section shall disclose for the period beginning at the

end of the period for the last previous report filed or. in

the case of an initial report. beginning at the time of the

first independent 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 of each person to whom an

independent campaign expenditure was made in the aggregate amount of more than fifty dollars. and the

amount. date. and purpose of each such expenditure. If

leb. 42.17 RCW-p 91

~.
42.17.100 Disclosure

Sunset Act application: See note following RCW 42.17.350. o

RCW 42.17.120 Identification of contributions and

communications. No contribution shall be made and no

expenditure shall be incurred. directly or indirectly. in a

fictitious name. anonymously. or by one person through

an agent. relative. or other person in such a manner as to

conceal the identity of the source of the contribution or

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

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

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

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 of account

which shall specify:

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

accepted political advertising;

(b) The exact nature and extent of the advertising

services rendered: and

(c) The consideration and the manner of paying that

consideration for such services.

(2) Each commercial advertiser which must comply

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

commission. upon its request. copies of such information

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

c 112 § 5: 1973 c I § II (Initiative Measure ~o. 276.

approved November 7. 1972).]

Sunset Act application: See note following RCW 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 accept from anyone person. contributions reportable under

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 of a 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: See note following RCW 42.17.350.

Efrectiye date--I989 c 280:See note following RCW 42.17020.

Salet Act .ptltiarioll: See note following RCW ~: ." )~O

Efrectiye dat_1989 c 280: See note following RC,l, .: : - '):0

no reasonable estimate of the monetary value of a particular independent campaign expenditure is practicable.

it is sufficient to report instead a precise description of

services. property. or rights furnished through the expenditure and where appropriate to attach a copy of the

item produced or distributed by the expenditure:

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

(d) Such other information as shall be required by the

commission by rule in conformance with the policies and

purposes of this chapter. [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 hundred dollars:

(b) Is from a single person or entity:

(c) Is received before a primary or general ejection:

and

(d) Is received: (i) After the 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 that general 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 t his section. the special report required by t!'m secnon sha ll 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 be delivered 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 deuver ec :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' -re nverv 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) of this sect hJn

(5) The special report shall inc iuce u: C~\;

(a) The amount of the contribution.

(b) The date of receipt:

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 following circumstances:

(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 incurred shall be documented and a record thereof shall be

maintained by the individual or the individuals's political

committee. The committee shall include a copy of such

record when its expenditure for such reimbursement is

reported pursuant to RCW 42.17.090.

(2) Reimbursement for direct out-of-pocket election

campaign and postelection campaign related expenses

made by the individual. To receive reimbursement from

the political committee. the individual shall provide the

committee with written documentation as to the amount.

date. and description of each expense. and the committee

shall include a copy of such information when its expenditure for such reimbursement is reported pursuant to

RCW 42.17.090.

(3) Repayment of loans made by the 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.]

Scmset Act applicatioa: See note following RCW 42.17.350.

ElfectiYe date--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 of employees of the office or

agency during working hours. vehicles. office space.

publications of the office or agency. and clientele lists of

persons served by the office or agency: Provided. That

the foregoing provisions of this section shall not apply to

the following activities:

(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. or ordinance. or to support or oppose a

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

the meeting includes the title and number of the ballot

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

(1989 Laws)

members of the public are afforded -an approximately

equal opportunity for the expression of an opposing view;

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

in opposition to any ballot proposition at an open 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 November 7. 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 contributions," on a form prescribed by the commission by rule.

which identifies the name and address of the person who

made the contribution. the candidate or political committee for whose benefit the contribution is earmarked.

the amount of the contribution. and the date on which

the contribution was received; and

(3) Notify the commission and the candidate or political committee for whose benefit the contribution is earmarked regarding the receipt of the contribution by

mailing or delivering to the commission and to tile candidate or committee a copy of the •Earmarked contributions' report. Such notice shall be given within two

working days of receipt of the contribution.

A candidate or political committee receiving notification of an earmarked contribution under sUbsection:;(~)

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

.080 and 42.17.090. [1989 c 280 § 13; 1986 c 228 §.3.)

Effectin date--1989 c 280: 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 in Thurston

county during the legislative session;

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

the lobbyist's employer;

(c) The duration of his employment;

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

be paid for expenses. and what expenses are to be

reimbursed:

(e) Whether the person from whom he receives said

compensation employs him solely as a lobbyist or

whether he is a regular employee performing services for

ICb. 42.17 RCW-p III
42.17.150 Disclosure

his employer· which include but are not limited to the

influencing of legislation;

(0 The general subject or subjects of his legislative

interest;

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

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

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

and documents required to be kept under this chapter:

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

but not limited to. business and trade associations)

whose members include. or which as a representative

entity undertakes lobbying activities for. businesses.

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

other consideration paid to such entity during either of

the prior two years have exceeded five hundred dollars

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

payments. or other consideration exceeding five hundred

dollars to such entity during the current year.

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

a lobbyist shall file a separate notice of representation

with respect to each such person; except that where a

lobbyist whose fee for acting as such in respect to the

same legislation or type of legislation is. or is to be. paid

or contributed to by more than one person then such

lobbyist may file a single statement. in which he shall

detail the name. business address and occupation of each

person so paying or contributing. and the amount of the

respective payments or contributions made by each such

person.

(3) Whenever a change. modification. or termination

of the lobbyist's employment occurs. the lobbyist shall.

within one week of such change. modification or termination. furnish full information regarding the same by

filing with the commission an amended registration

statement.

(4) Each lobbyist who has registered shall file a new

registration statement. revised as appropriate. on the

second .Monday in January of each odd-numbered year.

and failure to do so shall terminate his registration.

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

SlIII5et Act 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 himself of a size and format as determined by

rule of the commission. together with the name of the

lobbyist's employer. the length of his employment as a

lobbyist before the legislature. a brief biographical description. and any other information he may wish to

submit not to exceed fifty words in length. Such photograph and information shall be published at least annually in a booklet form by the commission for distribution

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

SlIII5et Act application: See note following RCW 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 of committees of the legislature. or public hearings of state agencies:

(2) News or feature reporting activities and editorial

comment by working members of the press. radio. or

television and the publication or dissemination thereof

by a newspaper. book publisher. regularly published periodical. radio station. or television station;

(3) Persons who lobby without compensation or other

consideration for acting as a lobbyist: Provided. Such

person makes no expenditure for or on behalf of any

member of the legislature or elected official or public

officer or employee of the state of Washington in connection with such lobbying. The exemption contained in

this subsection is intended to permit and encourage citizens of this state to lobby any legislator. public official.

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

stated above. Any person exempt under this subsection

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

chapter;

(4) Persons who restrict their lobbying activities to no

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

three-month period for or on behalf of anyone or more

members of the legislature or state elected officials 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 subsection or their employers or entities

which sponsor or coordinate the lobbying activities of

such persons if it determines that such regulations are

necessary to prevent frustration of the purposes of this

chapter. Any person exempt under this subsection (~)

may at his option register and report under this chapter:

(5) The governor:

(6) The lieutenant governor;

(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 or enactment of legislation or the

performance of legislative duties:

(9) Elected officials. and officers and employees of

any agency reporting under RCW 42.17.190(4) as now

or hereafter amended. [1982 c 147 § 12: 1977 ex.s. C

313 § 4: 1975 1st ex.s. c 294 § 9: 1973 c 1 § 16 (Initiative Measure No. 276. approved November 7. 1972).]

Sunset Act 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 calendar month covered by the report.

(2) Each such monthly periodic report shall contain:

(a) The totals of all expenditures for lobbying activities made or incurred by such lobbyist or on behalf of

such lobbyist by the lobbyist's employer during the period covered by the report. 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-five dollars for entertainment shall

be identified by date. place. amount. and the names of

all persons in the group partaking in or of such entertainment including any portion thereof attributable to

the lobbyist's participation therein but without allocating

any portion of such expenditure to individual

participants.

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

(i) Unreimbursed personal living and travel expenses

not incurred directly for lobbying;

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

accommodations;

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

to and from hearings of the legislature:

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

for staff and secretarial assistance.

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

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

employers.

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

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

political committee supporting or opposing any ballot

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

official. or officer or employee of any agency. or any

political committee supporting or opposing any ballot

proposition. All contributions made to. or for the benefit

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

of any agency. or any political committee supporting or

opposing any ballot proposition shall be identified by

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

official. or officer or employee of any agency. or any

political committee supporting or opposing any ballot

proposition receiving. or to be benefited by each such

contribution.

(1989 laws)

(d) The subject matter of proposed legislation or other

legislative activity or rule-making under chapter 34.05

RCW. the state Administrative Procedure Act. and the

state agency considering the same. which the lobbyist

has been engaged in supporting or opposing 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: 1982 c 147 §

13: 1977 ex.s. c 313 § 5: 1975 lst ex.s, c 294 § 10; 1973

c I § 17 (Initiative Measure No. 276. approved

November 7, 1972).]

Sunset Act application: 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 RCW 42.17.080 and 42.17.090 to be filed before that

primary: or (2) within twenty-one days preceding that

general election. [1985 c 359 § 2.]

SlIII!Iet Act application: See note following RCW ~2.17.350. "

RCW 42.17.180 Reports by employers of reglstered

lobbyists. Every employer of a lobbyist registered under

this chapter during the preceding calendar year shall file

with the commission on or before March 31st of'each

year a statement disclosing for the preceding calendar

year the following information: '

(I) The name or each state elected official and the

name of each candidate for state office who was elected

to the office and any member of the immediate family of

those persons to whom the employer has paid any compensation in the amount of five hundred dollars or more

during the preceding calendar year for personal employment or professional services. including professional services rendered by a corporation. partnership. joint

venture. association. union. or other entity in which the

person holds any office. directorship. or any general

partnership interest. or an ownership interest of ten percent or more. the value of the compensation in accordance with the reporting provisions set out in RCW

42.17.241 (2). and the consideration given or performed

in exchange for the compensation.

(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

course of business if the expenditure is not made for the

purpose of influencing. honoring. or benefiting the

elected official. successful candidate. or member of his

immediate family. as an elected official or candidate.

(3) The total expenditures made by the employer for

lobbying purposes. whether through or on behalf of a

registered lobbyist or 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 legislation or 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 of each 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 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.

(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).]

Stmset Act applicatioa: Sec note following RCW 42.17.350..

RCW 42.17.190 LegislatiYe acti,ities of state agencies, other units of go,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 of aiding in the preparation or

enactment of legislation or the performance of legislative

duties of such legislator or committee during the preceding quarter. The reports shall be made in the form

and the manner prescribed by the commission and shall

be filed between the first and tenth days of each calendar quarter: Provided. That the information required by

this subsection may be supplied. insofar as it is available,

by the chief clerk of the house of representatives or by

the secretary of the senate on a form prepared by the

commission.

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

or otherwise expressly authorized by law. no public

funds may be used directly or indirectly for lobbying:

Provided. This does not prevent officers or employees of

an agency from communicating with a member of the

legislature on the request of that member; or communicating to the legislature. through the proper official

channels, requests for legislative action or appropriations

which are deemed necessary for the efficient conduct of

the public business or actually made in the proper performance of their official duties: Provided further. That

this subsection does not apply to the legislative branch. ,,-

(3) Any agency. not otherwise expressly authorized 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 a direct or indirect

gift or campaign contribution to any elected official or

officer or employee of any agency. For the purposes of

this subsection, the term "gift" means a voluntary transfer of any thing of value without consideration of equal

or greater value, but does not include informational 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 printing of a state publication 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 legislative body to express a collectiv~)

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

resolution. order. or ordinance. or to support or oppose

an initiative to 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 opposing view:

(b) A statement by an elected official in support of 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 conduct of 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, quarterly statements providing the

following information for the quarter just completed:

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

(b) The name. title. and job description and salary of

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

general description of the nature of the lobbying. and

the proportionate amount of time spent on the lobbying;

(c) A listing of expenditures incurred by the agency

for lobbying including but not limited to travel. 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 purpose of which is

to influence legislation;

(d) For purposes of this 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 of financial management to the legislature for appropriations other than

its own agency budget requests;

(ii) Recommendations or reports to the legislature in

response to a legislative request expressly requesting or

directing a specific study, recommendation. or report by

an agency on a particular subject;

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

by a state agency as required by law;

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

within local agencies;

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

(A) Telephone conversations or preparation of written

correspondence;

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

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

and in-person lobbying by any elected official of such

agency on behalf of such agency or in connection with

the powers, duties. or compensation of such official:

Provided. That the total expenditures of nonpublic funds

made in connection with such lobbying for or on behalf

of anyone or more members of the legislature or state

elected officials or public officers or employees of the

state of Washington do not exceed fifteen dollars for any

three-month period: Provided further, That the exemption under this subsection is in addition to the exemption

provided in (A) of this subsection;

(C) Preparation or adoption of policy positions.

The statements shall be in the form and the manner

prescribed by the commission and shall be filed within

one month after the end of the quarter covered by the

report.

(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, that elected officials. officers, or employees who

on behalf of 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 report as a lobbyist employer pursuant

to RCW 42.17.180.

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

elected official or officer or employee of an agency from

complying with other provisions of this chapter. if such

elected official, officer: or employee is not otherwise

exempted.

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

agency and certain local agencies to report the identities

of those persons who lobby on behalf of the agency for

(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

other costs which relate only indirectly or incidentally to

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

The public disclosure commission may adopt 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).]

Sunset Act appUcatioa: 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 made expenditures. not reported

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

period or exceeding two hundred dollars in the aggregate

within anyone-month period in presenting a program

addressed to the public. a substantial portion of which is

intended. designed. or calculated primarily to influence

legislation shall be required to register and report. as

provided in subsection (2) of this section. as a sponsor of

a grass roots lobbying campaign.

(2) Within thirty days after becoming a sponsor of a

grass roots lobbying campaign. the sponsor shall register

by 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 of compensation for all such persons:

(c) The names and addresses of each person contributing twenty-five dollars or more to the campaign, and

the aggregate amount contributed;

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

are the subject matter of the campaign:

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

date on behalf of the campaign. which totals shall be

segregated according to financial category, including but

not limited to the following: Advertising, segregated by

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

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

staff and secretarial assistance, or the proportionate

amount thereof paid or incurred for lobbying campaign

activities; consultants; and printing and mailing

expenses. 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 of expenditures made during the month. in the same manner as

provided for in the registration statement.

(4) When the campaign has been terminated. the

sponsor shall file a notice of termination with the final

monthly report. which notice shall state the totals of all

contributions and expenditures made on behalf of the

campaign. in the same manner as provided for in the

registration statement. [1985 c 367 § 10; 1973 c 1 § 20

(Initiative Measure No. 276. approved November 7.

1972).]

SaDsec Act appticatioa: See note following RCW ~2.17.350.

RCW 42.17.210 Employment of legislators. board or

commission members. or state employees Statement.

contents and filing. If any person registered or required

to be registered as a lobbyist under this chapter employs.

or if any employer of any person registered or required

to be registered as a lobbyist under this chapter. employs

any member of the legislature. or any member of any

state board or commission. or any employee of the legislature. or any full-time state employee. if such new employee shall remain in the partial employ of the state or

any agency thereof. then the new employer shall file a

statement under oath with the commission setting out

the nature of the employment. the name of the per.son to

be paid thereunder. and the amount of payor consideration to be paid thereunder. The statement shall be filed

within fifteen days after the commencement of such employment. [1973 c 1 § 21 (Initiative Measure No. 276.

approved November 7. 1972).]

Scm5ec Act applicalion: See note following RCW 42.17.350.

RCW 42.17.220 Employment of unregistered perSOlIS. It shall be a violation of this chapter for any person

to employ for payor any consideration. or payor agree

to pay any consideration to. a person to lobby who is not

registered under this chapter except upon condition that

such person register as a lobbyist as provided by this

chapter. and such person does in fact so register as soon

as practicable. [1973 c I § 22 (Initiative Measure No.

276. approved November 7. 1972).]

SaDsec Act 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. if such employer aids. abets. ratifies.

or confirms any such act. to other civil liabilities. as

provided by 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 of at 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 for the preservation of such records

under this subsection shall rest with such employer.

(2) In addition. a person required to register as a lobbyist shall not:

(a) Engage in any activity as a lobbyist before registering as 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 employer of such adverse interest;

(e) Exercise any undue influence. extortion. or unlawful retaliation upon any legislator by reason of such legislator's position with respect to. or his vote upon. any

pending or proposed legislation:

(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 of any 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).]

. SlIILWt Act application: See note following RCW ~2.17.350.

REPORTING OF PUBLIC OFFICIALS'

FINANCIAL AFFAIRS

RCW 42.17.240 Elected and appointed officials.

candidates. and appointees Reports of financial affairs. (1) Every elected official and every executive state

officer shall after January 1st and before April 15th of

each year file with the commission a statement of 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

ended on that December 31st.

(2) Every candidate shall within two weeks of becoming a candidate file with the commission a statement of

financial affairs for the preceding twelve months.

(3) Every person appointed to a vacancy 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 of candidacy or appointment if

the filing of the statement would relieve the individual of

a prior obligation to file a statement covering the entire

preceding calendar year.

(5) No individual may be required to file more than

once in any calendar year.

(6) Each statement of financial affairs filed under this

section shall be sworn as to its truth and accuracv.

(7) For the purposes of this 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 the office 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).)

Scmset Act appUcadoa: See note following RCW ~: i' J<O

Temporary exemptioa: ' Persons identified as elCC"I"': orficers under RCW 42.17.2401(4). who were appointed to Illelr ;lOllllons before

July 23, 1989. and who were not required to file ,l~lcmenl .1i financial 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 e 311: 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 "e vecutive state officer" includes:

(I) The chief administrative la judge. I he drrector of

agriculture. the administrator or' t ~e J)hl ngron basic

health plan. the director of the depart ment <If services

for the blind, the director of the \tJtc: ,,'tcm <If cornrnunity colleges. the director of comrnunu \ development.

the secretary of corrections. the dlre':~vr v" ecologv. the

commissioner of employment securu v the -:h.llrm.ln of

the energy facility site evaluation ,<)U~':ll. the drrector of

the energy office. the secretary or 'k( -r.n e ':n.ln-:e cornmittee, the director of financial 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 gener r. J-'m,nd,trJtl.Jn. the

secretary of health. the administrator II • ~c J\hlngton

state health care authority. the exec ui o e -cceun ,)f the

health care facilities authority. the C\C'-~:I'e ~ret.H:- of

the higher education facilities aut ht.>r·!, . ~c J Irector of

the higher education personnel boar c :~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 of labor and industries. the director

of licensing, the director of the 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 of revenue. the secretary of social and

health services. the chief of the Washington state patrol.

the executive secretary of the board of tax appeals. the

director of trade and economic development. the secretary of transportation. the secretary of the utilities and

transportation commission. the director of veterans affairs. the director of wildlife. the president of each of the

regional and state universities and the president of The

Evergreen State College. each district and each campus

president of each state community college:

(2) Each professional staff member of the office of

the governor;

(3) Each professional staff member of the legislature;

and

(4) Central Washington University board of trustees.

board of trustees of each community college, each member of the 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, stater hea)'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 of industrial 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 of regents.

utilities and transportation commission. Washington

public power supply system executive board. Washington

State University board of regents, 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, C 9 § 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 of construction.

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

mean depanment of health: see RCW 43.70.902.

Scuaet Act awfic: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 2 of this act is

codified. the code reviser shall arrange the names of the agencies in

each subsection in alphabetical order.' [1989 c 158 § 3.1 The names of

the agencies in the above section have been arranged 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

member of 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 exceeded five hundred dollars during the reporting

period; the name. address. and nature of the entity; and

the nature and highest value of each such direct financial interest during the reporting period: and

(c) The name and address of each creditor to whom

the value of five hundred dollars or more was owed; the

original amount of each debt to each such creditor: the

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

of filing; the terms of repayment of each such debt; and

the security given. if any. for each such debt: Provided.

That debts arising out of a "retail installment transaction" as defined in chapter 63.14 RCW (Retail Installment Sales Act) need not be reported; and

(d) Every public or private office. directorship. and

position held as trustee: and

(e) All persons for whom any legislation. rule. rate. or

standard has been prepared. promoted. or opposed for

current or deferred compensation: 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

staff member for his service in office; the description of

such actual or proposed legislation. rules. rates. or standards; and the amount of current or deferred compensation paid or promised to be paid; and

(f) The name and address of each governmental entity, corporation. partnership. joint venture. sole proprietorship, association. union. or other business or

commercial entity from whom compensation has been

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 ownership interest of ten percent or more:

the name or title of that of~ce; directorship, ~r. partnero

- 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 five hundred

dollars or more during the preceding twelve months and

the consideration given or performed in exchange for the

compensation: Provided, That the term •compensation"

for purposes of 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 legislative authority 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

bank or 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 borrower on loans from and all interest paid to

a depositor by the bank or commercial lending institution if the interest exceeds six hundred dollars: and

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

which exceeds two thousand five hundred dollars in

which any direct financial interest was acquired during

the preceding calendar year. and a statement of the

amount and nature of the financial interest and of the

consideration given in exchange for that interest; and

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

which exceeds two thousand five hundred dollars in

which any direct financial interest was divested during

the preceding calendar year. and a statement of 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 state of Washington. the assessed valuation of

which exceeds two thousand five hundred dollars in

which a direct financial interest was held: Provided.

That if a description of 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 of this 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 property in the state of Washington. the assessed valuation of

which exceeds five thousand dollars, in which a corporation, partnership, firm, enterprise. or other entity had a

direct financial interest. in which corporation. partnership. firm. or enterprise a ten percent or greater ownership interest was held; and

(I) Such other information as the commission may

deem necessary in order to properly carry out the purposes and policies of this chapter. as the commission

shall prescribe by rule.

(2) Where an amount is required to be reported 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 five thousand dollars. at least five thousand dollars

but less than ten thousand dollars. at least ten thousand

dollars but less than twenty-five thousand dollars. or

twenty-five thousand dollars or more. An amount of

stock may be reported by number of shares instead of by

market value. No provision of this subsection 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.]

SaILWC Act appllcariOll: See note following RCW 42.17.350.

Purpose 1979 ex.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

other person in such a manner as to conceal the identity

of the source v'; che payment or in any other manner so

as to effect concealment except that the commission may

issue categorical and specific exemptions to the reporting

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

ex.s. c 336 § 4.]

SIIII5et Act 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

be referred to as a •public office fund' and shall not be

transferred to a political committee nor used to promote

or oppose a candidate or ballot proposition, other than as

provided by subsection (3) (a) of this section. For the

(1989 Laws)

purposes of this section contributions shall include reimbursements from or payments by persons. other than the

state of Washington or any agency, for travel expenses.

A report shall be filed during the month of January of

any year following a year in which such contributions

were received for or expenditures made from a public

office fund. The report shall include:

(a) The name and address of each contributor:

(b) A description of each contribution. including the

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

dollar value is unascertainable. an estimate of its fair

market value; and

(c) A description of each expenditure made from a

public office fund. including the name and address of the

recipient. the amount. and the date of each such

expenditure.

(2) No report under subsection (I) of this section

shall be required if:

(a) The receipt of the contribution has been reported

pursuant to RCW 42.17.065 (continuing political committee reports) or RCW 42.17.090 (political committee

reports); or

(b) The contribution is in the form of meals, refreshments. or entertainment given in connection with official

appearances or occasions where public business was

discussed.

(3) Any funds which remain in a public office fund

after all permissible public office related expenses have

been paid may only be disposed of in one or more of the

following ways: ,,-

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

(b) Donated to a charitable organization 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 Act application: See note following RCW 42.17.350.

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

42.17.040.

REPORTING BY PUBLIC TREASURERS

RCW 42.17.245 Public accounts of governmental

entities held by financial institutions-Statements and

reports--Contents--Filing. After January 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 name and address of each financial institution in

ICh. 42.17 RCW-p 191
42.17.245 Disclosure

which the treasurer or. in the case of a county, a member of 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 sum of time and demand deposits held

in each such financial institution on December 31: and

(c) the highest balance held at any time during such reporting period: Provided. That the state treasurer shall

disclose the highest balance information only upon request under RCW 42.17.250 through 42.17330 The

statement or report required 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)

PUBLIC RECORDS

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

of such 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 of agency 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 of procedure:

(d) Substantive rules of general J orli":J 01 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) Each amendment or 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

manner be 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 o i ormation about the 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 chapter as express exemptions from the

public's right to inspect. examine. or copy public records.

[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 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 available or publishes any public recorq~,

however. in each case, the justification for the deletio\~ shall be explained fully in writing.

(2) Each agency shall maintain and make available

for public inspection and copying a current index providing identifying information as to the following records

issued. adopted. or promulgated after January 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:

(c) Administrative staff manuals and instructions to

staff that affect a member of the public:

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

planning decisions;

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

and any other factual information derived from tests.

studies. reports. or surveys. whether conducted by public

employees or others: and

(f) Correspondence. and materials referred to therein.

by and with the agency relating to any regulatory. supervisory. or enforcement responsibilities of the agency.

whereby the agency determines, or opines upon. or is

asked to determine or opine upon. the rights of the state.

the public. a subdivision of state government. or of 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 burden or interfere with agency operations; and

(b) Make available for public inspection and copying

all indexes maintained for agency use.

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

precedent by an agency against a party other than an

agency and it may be invoked by the agency for any

other purpose only if--

(a) It has been indexed in an index available to the

public; or

(b) Parties affected have timely notice (actual or constructive) of the terms thereof.

(5) This chapter shall not be construed as giving authority to any agency to give. sell or provide access to

lists of individuals requested for commercial purposes.

and agencies shall not do so unless specifically authorized or directed by law: Provided. however. That lists of

applicants for professional licenses and of professional

licensees shall be made available to those professional

associations or educational organizations recognized by

their professional licensing or examination board. upon

payment of a reasonable charge therefor: Provided further. That such recognition may be refused only for a

good cause pursuant to a hearing under the provisions of

chapter 34.05 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 be made

public. (Effective July 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 specific exemptions of subsection (5) of this section, RCW 42.17.310. 42.17.315. or

other statute which exempts or prohibits disclosure of

specific information or records. To the extent required 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 available or publishes any public record; however.

in each case. the justification for the deletion shall be

explained fully in writing.

(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

staff that affect a member of the public;

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

planning decisions; . ,

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

and any other factual information derived from tests.

studies. reports. or surveys. whether conducted by public

employees or others; and

(f) Correspondence. and materials referred to therein.

by and with the agency relating to any regulatory. supervisory, or enforcement responsibilities of the agency.

whereby the agency determines, or opines upon. or is

asked to determine or opine upon. the rights of the state.

the public. a subdivision of state government. or of any

private party.

(3) A local agency need not maintain such an index. if

to do so would be unduly burdensome. but it shall in

that event:

(a) Issue and publish a formal order specifying the

reasons why and the extent to which compliance would

unduly burden or interfere with agency operations: and

(b) Make available for public inspection and copying

all indexes maintained for agency use.

(4) By July 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 decision of

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 of substantial importance

to the agency in carrying out its duties:

(d) Interpretive statements as defined in RCW

34.05.0 IO(8) that were entered after June 30. 1990: and

(e) Policy statements as defined in RCW

34.05.0 IO(14) that were entered after June 30. 1990.

Rules establishing systems of indexing 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 mailed copies 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

other purpose only if--

(a) It has been indexed in an index available to the

public; or ..

(b) Parties affected have timely notice (actual or constructive) of the terms thereof.

(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 or directed by law: Provided. however. That lists of

applicants for professional licenses and of professional

licensees shall be made available to those professional

associations or educational organizations recognized by

their professional licensing or examination board. upon

payment of a reasonable charge therefor: Provided further. That such recognition may be refused only for a

good cause pursuant to a hearing under the provisions of

chapter 34.05 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

November 7. 1972).]

EffectiYe date--I989 e 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.

ability of public records. Public records shall be available

for inspection and copying. and agencies shall. upon request for identifiable public records. make them

promptly available to any person. 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 other statute which exempts or prohibits

disclosure of specific information or records to certain

persons. Agency facilities shall be made available to any

person for the copying of public records except when and

to the extent that this would unreasonably disrupt the

operations of the agency. Agencies shall honor requests

received by mail for identifiable public records unless

exempted by provisions of this chapter. [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 the previous subsection (5) was renumbered 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

copying during the customary office hours of the agency:

Provided. That if the agency does not have customary

office hours of at least thirty hours per week. the public

records shall be available from nine o'clock a.m. to noon

and from one o'clock p.m. to four o'clock p.m. Monday

through Friday. excluding legal holidays. unless the person making the request and the agency or its 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 prevent excessive interference with other

essential functions of the 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--1982 e 208: Sec RCW 42.40.900.

RCW 42.17.300 Charges for copying. No fee shall

be charged for the inspection of public 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 of which is essential 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 of persons who

file complaints with investigative. law enforcement. or

penology agencies. other than the public disclosure commission. if disclosure would endanger any person's life.

physical safety. or property. If at 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

under oath.

(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 project or prospective sale is abandoned or until

such time as all of the property has been acquired or the

property to which the sale appraisal relates is sold. but

in no event shall disclosure be denied for more than

three years after the appraisal.

(h) Valuable formulae. designs. drawings. and research data obtained by any agency within five years of

the request for disclosure when disclosure would produce

private gain and public loss.

(i) Preliminary drafts. notes. recommendations. and

intra-agency memorandums in which' opinions are expressed or policies formulated or recommended except

that a specific record shall not be exempt when publicly

cited by an agency in connection with any agency action.

U> Records which are relevant to a controversy to

which an agency is a party but which records would not

be available to another party under the rules of pretrial

discovery for causes pending in the superior courts.

(k) Records. maps. or other information identifying

the location of archaeological sites in order to avoid the

looting or depredation of such sites.

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

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

disclose the identity of a library user.

(m) Financial information supplied by or on behalf of

a person. firm. or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system

construction or repair contract as required by RCW 47-

.60.680 through 47.60.750 or (b) highway construction

or improvement as required by RCW 47.28.070.

(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 and records

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 under chapter 28C.IO RCW.

(q) Records filed with the utilities and transportation

commission or attorney general under RCW 80.04.095

(1989 Laws)

that a court has determined are confidential under RCW

80.04.095.

(r) Financial and 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 of applicants. resumes. and other related materials submitted with respect to 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 are customers.

(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

under chapter 31.24 RCW.

(z) Financial and commercial information supplied to

the state investment board by any person when the information relates to the investment of 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 and confidential income data 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·

thereof to every person in interest and the agency. that

the exemption of such records is clearly unnecessary to

protect any individual's right of privacy or any vital

governmental function .

(Ch. 42.17 RCW-p 231

;f,

'0• .:
42.17.310 Disclosure

(4) Agency responses refusing, in whole or in part. inspection of any public record shall include a statement of

the specific exemption authorizing the withholding of

the record (or part) and a brief explanation of how the

exemption applies to the record withheld. [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's DOCr. This section was amended by \989 c I I § 12. 1989 c

189 § 3.1989 c 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 section pursuant to RCW 1.12.025(2). For rule of construction. 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--1989 e II: See note following RCW 9A.56.220.

Sfterability--1987 e 411: See RCW 69A5.9oo.

Sfterability--Efrecti.e date--1986 e 299: See RCW 28C.10-

.900 and 28C.\ 0.902.

Sfterability--1986 c 276: See RCW 53.31.90 I.

SfterabiUty--I984 e 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 a driver's license: RCW 46.20.041.

commercial fertilizers. sales reports: RCW 15.54.362.

criminal records: Chapter 10.97 RCW.

examination reports of the supervisor of banking and 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.

organized crime

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 affect a positive duty

of an agency to disclose or a positive duty to withhold

information which duty to disclose or withhold is contained in any other law. [1987 c 404 § 3.]

eRftiser's note: Subsections (q) through (s) were redesignated as (t)

through (v) in the incorporation of the 1987 amendments to RCW

42.17.310.

RCW 42.17.314 Electrical utility records. request by

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 or documents obtained

by said college. university, library. or archive through or

concerning any gift. grant. conveyance. bequest. or devise, the terms of which restrict or regulate public access

to such records or documents: Provided. That this section shall not apply to any public records as defined in

RCW 40.14.010. [1975 1st ex.s, c 294 § 22.]

RCW 42.17.316 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.]

Efrectife date--1987 e 416: See note 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 licenses 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 or corrections agencies. [1988 c 219 § 2.]

RCW 42.17.319 Certain records of investment opportunities office exempt. Notwithstanding the 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--1989 c 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 a written statement of the specific reasons

therefor. Agencies shall establish mechanisms for the

most prompt possible review of decisions denying inspection, and such review shall be deemed completed aO

the end of the second business day following the denia\

-(1989 LawsI
Disclosure .&2.17.360

.-"

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of inspection and shall constitute final agency action for

the purposes of judicial review. [i975 1st ex.s. c 294 §

18; 1973 c 1 § 32 (Initiative Measure No. 276. approved

November 7.1972).]

RCW 42.17.330 Court protection of public records.

The examination of any specific public record may be

enjoined if. upon motion and affidavit. the superior court

for the county in which the movant resides or in which

the record is maintained. finds that such examination

would clearly not be in the public interest and would

substantially and irreparably damage any person. or

would substantially and irreparably damage vital governmental functions. [1975 lst ex.s, c 294 § 19; 1973 c 1

§ 33 (Initiative Measure No. 276. approved November

7. 1972).]

RCW 42.17.340 Judicial review of agency actions.

(l) Upon the motion of any person having been denied

an opportunity to inspect or copy a public record by an

agency. the superior court in the county in which a

record is maintained may require the responsible agency

to show cause why it has refused to allow inspection or

copying of a specific public record or class of records.

The burden of proof shall be on the agency to establish

that refusal to permit public inspection and copying is 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 be de novo. Courts shall take into account the policy of this chapter that free and open examination of

public records is in the public interest. even though such

examination may cause inconvenience or embarrassment

to public officials or others. Courts may examine any

record in camera in any proceeding brought under this

section.

(3) Any person who prevails against an agency in any

action in the courts seeking the right to inspect or copy

any public record shall be awarded all costs. including

reasonable attornev fees. incurred in connection with

such legal action. in addition. it shall be within the discretion of the court to award such person an amount not

to exceed twenty-five dollars for each day that he was

denied the right to inspect or copy said public record.

[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.

ADMINISTRATION AND ENFORCEMENT

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 of the senate. All appointees shall be persons of

the highest integrity and qualifications. No more than

three members shall have an identification with the

same political party. The original members shall be appointed within sixty days after January 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 officer of any political party or political

committee; (3) permit his name to be used. or make

contributions. in support of or in opposition to any candidate or proposition: (4) participate in any way in any

election campaign; or (5) lobby or employ or assist a

lobbyist: Provided. That a member or the staff of the

commission may lobby to the limited extent permitted

by RCW 42.17.190 on matters directly affecting this

chapter. No member shall be eligible for appointment to

more than one full term. A vacancy on the commission

shall be filled within thirty days of the vacancy by the

governor. with the consent of the senate. and the appointee shall serve for the remaining term of his predecessor. A vacancy shall not impair the powers of the

remaining members to exercise all of the powers of the

commission. Three members of the commission shall

constitute a quorum. The commission shall elect its own

chairman and adopt its own rules of procedure in the

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

travel expenses incurred while engaged in 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 of the

provisions of any 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--Sunset act application: The public disclosure commission 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 following RCW 43.03.220.

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

notes following RCW 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 of bookkeeping and report109 for use by persons required to make reports and

statements under this chapter;

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

reports and statements;

(4) Investigate whether properly completed statements

and reports have been filed within the times required by

this chapter;

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

appropriate law enforcement authorities;

(6) Prepare and publish an annual report to the

governor as to the effectiveness of this chapter and its

enforcement by appropriate law enforcement authorities;

and

(7) Enforce this chapter according to the powers

granted it by law. [1973 c I § 36 (Initiative Measure

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

Samet Act appticatioa: See note following RCW 42.17.350.

RCW 42.17.370 Commission--Additional powers.

The commission is empowered to:

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

administrative rules to carry out the policies and purposes of this chapter. which rules shall be adopted 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 chapter efficiently and effectively.

The commission shall not delegate its authority to adopt.

amend. or rescind rules nor shall it delegate authority to

determine whether an actual violation of this chapter has

occurred or to assess penalties for such violations:

(3) Prepare and publish such reports and technical

studies as in its judgment 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 to time, on its own motion. 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 other proceeding under this chapter:

(7) Adopt and promulgate a code of fair campaign

practices;

(8) Relieve. by rule. candidates or political committees of obligations 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 thousand dollars; '''''.

(9) .Adopt rules prescribing reasonable reqUirementO/

for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties. cities. and

other municipalities and political subdivisions in preparing, publishing, and distributing legislative information.

The term "legislative information." for the purposes of

this subsection. means books. pamphlets, reports. and

other materials prepared, published. or distributed at

substantial cost. a substantial purpose of which is to influence the passage or defeat of any legislation. The

state auditor in his regular examination of each agency

under chapter 43.09 RCW shall review the rules. accounts, and reports and make appropriate findings. comments. and recommendations in his examination reports

concerning those agencies:

(10) After hearing. by order approved and ratified by

a majority of the membership of the commission. suspend or modify any of the reporting requirements of this

chapter in a particular case 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 if reporting 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 reporting code values of this chapter. 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 period commencing with the month of December

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 economic changes 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 November 7. 1972).)

SUDMt AC:IIppllc:adoa: See note following RCW 42.17.350.

CoadDgeel effecti'e da~erability--I986c 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

required by this chapter to be filed with a county auditor

or county elections official. the commission shall adopt

rules governing the arrangement. handling. Indexing.

and disclosing of those reports by the countv auditor or

county elections official. The rules shall ensure ease of

access by the public to the reports and shatl include. but

not be limited to. requirements for indexrng the reports

by the names of candidates 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.]

SUDMt AC: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 be designated 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

order to 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

carry out any function of the attorney 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).]

SUDMt Act Ipplic:ariOft: See note follow'"l RC'IoIo ~: • l '0

Intent--Setel'1lbility--Errec:ti.e darn--',,-nr_1982

e 3S: 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 be imposed by court order ,n JddlllOn 10 any

other remedies provided by law:

(a) If the court finds that the "vlJthln )/. snv provision of this chapter by any canc.c.r e 'r :,&!I,tl"'JI ...omrnittee probably affected the 0ut,.·rnc " In, electron,

the result of said election may be ve d •. ,,;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 date of the election In 4UOI."n It v vnrended

that this remedy be imposed freel' n ill H'pfvpnate

cases to protect the right of the eec : .t J: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 be enjoined 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 thousand dollars for each such violation.

(d) Any person who fails to file a properly completed

statement or report within the time required by this

chapter may be subject to a civil penalty of ten dollars

per day for each day each such delinquency continues.

(e) Any person who fails to report a contribution or

expenditure may be subject to a civil penalty equivalent

to the amount he failed to report.

(f) The court may enjoin any person to prevent the

doing of any act herein prohibited. or to compel the performance of any act required herein. [1973 c 1 § 39

(Initiative Measure No. 276. approved November 7.

1972).)

Suaser Act 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 and enforce 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 under this section shall be pursuant to such hearing.

(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 is directed 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. or alternatively. may impose one or more of the

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

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

commission may exceed one thousand dollars, 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 to judicial 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 competent jurisdiction of any county in which a petition for

review could be filed under that section. for an order of

enforcement. Proceedings in connection with the commission's petition shall be in accordance with RCW 42-

.17.397. [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-t Act appllcadoa: See note followingRCW 42.17:350.

EffectiYe da.-l989 e 175: See note 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

competent jurisdiction for enforcement of any order it

has issued pursuant to this chapter:

( I) A copy of the petition shall be served by certified

mail directed to the respondent at his last known address. The court shall issue an order directing the respondent to appear at a time designated in the order. not

less than five days from the date thereof. and show cause

why the commission's order should not be enforced according to its terms.

(2) The commission's order shall be enforced by the

court if the respondent does not appear. or if the respondent appears and the court finds. pursuant to a

hearing held for that purpose:

(a) That the commission's order is unsatisfied; and

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

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

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

by review under RCW 34.05.570(3) and failed to avail

himself of that remedy without valid excuse.

(3) Upon appropriate application by the respondent.

the court may. after hearing and for good cause. alter.

amend. revise. suspend. or postpone all or part of the

commission's order. In any case where the order is not

enforced by the court according to its terms. the reasons

for the court's actions shall be clearly stated in writing,

and such action shall be subject to review by the appellate courts by certiorari or other appropriate proceeding.

(4) The court's order of enforcement. when entered.

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

(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.)

SlIIISet Act application: Sec note following RCW 42.17.350.

Effec:tiYe date--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 bring civil 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 of political subdivisions of this state may investigate

or cause to be investigated the activities of any person

who there is reason to believe is or has been acting in

violation of this chapter. and may require any such person or any other person reasonably believed to have information concerning the activities of such person to

appear at a time and place designated in the county in

which such person resides or is found. to give such information under oath and to produce all accounts. bills.

(Cb.41.17-RCW.-, 281 .'.

receipts. books. paper and 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 delivered to or sent by registered mail to

the person at least fourteen days before the date fixed

for attendance. Such order shall have the same force and

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

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

by any superior court judge in the county where the

person receiving it resides or is found. in the same manner as though the order were a subpoena. The court. after hearing. for good cause. and upon application of any

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

of its provisions. In any case where the order is not enforced by the court according to its terms. the reasons

for the court's actions shall be clearly stated in writing.

and such action shall be subject to review by the appellate courts by certiorari or other appropriate proceeding.

(4) Any person who has notified the attorney general

and the prosecuting attorney in the county in which the

violation occurred in writing that there is reason to believe that some provision of this chapter is being or hao'

been violated may himself bring in the name of the stat'

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

action) authorized under this chapter. This citizen action

may be brought only if the attorney general and the

prosecuting attorney have failed to commence an action

hereunder within forty-five days after such notice and

such person has thereafter further notified the attorney

general and prosecuting attorney that said person will

commence a citizen's action within ten days upon their

failure so to do. and the attorney general and the prosecuting attorney have in fact failed to bring such action

within ten days of receipt of said second notice. If the

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

entitled to be reimbursed by the state of Washington for

costs and 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 of trial and reasonable attorney's fees incurred by the defendant.

(5) In any action brought under this section. the court

may award to the state all costs of investigation and

trial, including a reasonable attorney's fee to be fixed by

the court. If the violation is found to have been intentional. the amount of the judgment. which shall for this

purpose include the costs. may be trebled as punitive

damages. If damages or trebled damages are awarded in~

such an action brought against a lobbyist. the jUdgmeu

(1989 Laws)
Disclosure 42.17.450

--•

•••

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

employer or employers joined as defendants. jointly. severally. or both. If the defendant prevails, he shall be

awarded all costs of trial. and may be awarded a reasonable attorney's fee to be fixed by the court to be paid

by the state of Washington. [1975 lst ex.s, c 294 § 27;

1973 c 1 § 40 (Initiative Measure No. 276. approved

November 7.1972).]

RCW 42.17.405 Suspension. reapplication of reporting requirements in small political subdi'isions. (1) Except as provided in subsections (2) and (3) of this

section. the reporting provisions of this 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 support or oppose candidates or ballot propositions in such political subdivisions. or to persons making

independent expenditures in support of or opposition to

such ballot propositions.

(2) The reporting provisions of this chapter apply in

any exempt political subdivision from which a "petition

for disclosure" containing the valid signatures of fifteen

percent of the number of registered voters. as of the date

of the most recent general election in the political subdivision, is filed with the commission. The commission

shall by rule prescribe the form of the petition. After the

signatures are gathered, the petition shall be presented

to the auditor or elections officer of the county. or counties, in which the 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 of a valid petition. shall

order every known affected person in the political subdivision to file the initially required statement and reports

within fourteen days of the date of the 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 order every known affected person

in the political subdivision to file the initially required

statement and reports within fourteen days of the date of

the order.

(4) The commission shall void any order issued by it

pursuant to subsection (2) or (3) of this section when. at

least four years after issuing the order. the commission 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) of this section.

(5) Any petition for disclosure. ordinance. resolution.

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

(1989 Laws)

not be considered unless it has been filed with the

commission:

(a) In the case of 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.]

SUDSet Act 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 five years 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 of mailing deemed date of receipt--Exception. When any application, report.

statement. notice. or payment required 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 is the date

of mailing. The provisions of this section do not apply to

reports required to be delivered under RCW 42.17.105.

[1983 c 176 § 2; 1973 c 1 § 42 (Initiative Measure No.

276. approved November 7. 1972).]

SUDSet Act 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 Nbvember 7. 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. 42.17 RCW-p 291

v."
42.17.450 Disclosure

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

7. 1972).)

Samet Act .ppUcadoll: See note following RCW 42.17.350.

POLITICAL ADVERTISING

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 or with reckless disregard as to truth or ialslty.

(2) "Sponsor" means the candidate. political committee, or person paying for the advertisement. If a 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 of an elected office. [1988 c I '1~ i I )

RCW 42.17,510 Identification of ,poasor--Ex.

emptions. (l) All written political adver usi ng. 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 of subsection (1) of this section that I he na me and

address of the sponsor of political ad,erllslng be<listed

on the advertising. In addition. the publrc drsclosure

commission shall, 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

of advertisinz where identification IS .mpracucal

(3) For the purposes of this sect ron. • a rd "gn

means any outdoor sign with dirnensrons !1U gre.n e: than

eight feet by four feet. [1984 c : I r- i

Advertising rates for political candidates Il' ... ~. ... '

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

picture of the 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.~ -ratement of material fact:

(b) Political advertising that :'J,\( .. ::,r('~~:) :I1.1t a

candidate is the 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 of any 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

or other medium.

(2) If a broadcasting station or other medium changes

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.)

TECHNICAL PROVISIONS

RCW 42.17.900 Effective date--1973 c l. The

effective date of this 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 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 Ciacumstances is not affected. [1973 c 1 § 46 (Initiati :

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

RCW 42.17.911 Severability--1975 Ist ex.s, c

294. If any provision of this 1975 amendatory act. or its

application to any person or circumstance is held invalid.

the remainder of the act. or the application of the provision to other persons or circumstances is not affected.

[1975 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 of conflict between the provisions of this 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

of law. Chapter and section captions or headings as used

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

1 § 48 (Initiative Measure No. 276. approved 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 1976 amendatory act shall be

construed to limit the power of the commission under

any other provision of chapter 42.17 RCW. [1975-'76

2nd ex.s. c 112 § 15.)

( 1989 Laws)

42.17.945

..

.

(Ch. ~2.17 RCW-p 311
Title 23A

WASHINGTON BUSINESS CORPORATION ACT

Chapters

13A.04 Definitions.

13A.08 Substantite provisions,

13A.12 Formation of corporations.

13A.16 Amendment.

13A.%O Merger and consolidation.

13A.14 Sale of assets.

13A.18 Dissolution.

13A.32 Foreign corporations.

13A.36 Nonadmitted organizations.

13A.40 Fees and charges.

13A.44 Miscellaneous pro"isions.

13A.SO Certain regulation of significant business

tnnsactions.

13A.98 Construction.

a""·$ DOff: The phrase 'thls act ' and Similar phrases appearing

in 1965 c 53 have been translated to read "t hrs utle ". All secuons 0(

1965c 53 arc codified herein wirh the excepuon of section I '" hrch :, J

codirlCalion directive and seclion I till which IS an amendment to RC\I.

4.12.025.

Actnow/edgmenr form. cornorauons: RCW 64 08.0 70.

Acquisition of corpora re stock b, snctber corporiuon 10 lesser: :am!'t"·

tiliofl declared un/a14r"ui--E,cepl/()ns--Jud/clal order ,J JJ\t">:

RCW 19.B6.060

Aaions by and sgsms! public corporaI IOns: RCW 40B 110. 4.08 ;:0

.e-tilutional provisions. genctell»: State Consnrunon An I:!.

lions (or cducsuons]. social. religious. Ireternsl. etc.. purposes.'

, TilJe 24 RCW.

relating 10 corporsuons: Cruptcr 9.24 RCW.

'nal procedure: RC", /0 Of 070 tbrougt: 10.01./00.

• prscuce or soitcns uon protubsted: RC"' 18.j:!.6~<

buJiness ",,"hoUI license. gross m/sdemeanar' RCW 9.24.040

t domain b., ccroorauons. Cbeptcr 8.:!0 RC".

·",emen/s. penalll tor tiling: RC"' 43.07 :!IO.

. /Ioan compsmcs Cruoter 31.04 RC"' " . sdverusmg at: pensti»: RC\.\. 30.04.:'60.

specifical/., sutronreo ro be pruuea Jnd d,slflbuled 0\ sec-

·of.~re· RC" 4] O' /40'

. : Tille':!: RCW

,defined: RCW 1./6.0BO.

tervi~ corporsuons: Chsoter /8100 RC\.\..

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

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

of: RCIA' 64 04 105

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 of this 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 of one or more shares in a corporauon If the articles of incorror auon or the bvlaws ,0 provide. the

board of dir cctors m'lY adopt by resoiuuon J procedure

whereby a shareho'uer of the 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 of shareholder 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) If the cer uficauon 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 13A RCW-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 registered office or registered agent.

Service of process on corporation.

AUlh01'izcd shares.

Issuance of shares of preferred or special classes in

serres

Creauon and Issuance of rights or opuons 10 purchase

shares from the ccrporation.

Subscnpuon for shares.

Issuance of shares.

Deterrmnauon of pnce--Paymenl for shares.

Expenses of orgamzauon. reorgarnzauon and financing

Shares--Represenlalion by certificates permitted--

Contents of certificates.

Issuance of classes or series of shares without ceruficales--Written statement.

Issuance 01' rracuons of a share or scnp

Liab.lu v of 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 fixmg record date.

Record of shareholders entitled 10 vote

Quorum of shareholders.

Young of shares.

'ilsslng shareholders--Representallon of at meetIngs--\'otlng.

Stocx .r a nster 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 10 dir ecuon of survrvmg spouse.

\ oung trusl--Agreements.

Board of directors.

DUlles of directors.

\I. hen acuon ma y be taken withoul meetings of directors or a committee.

..... umber and election of directors.

Classrficauon of directors.

vacancies

Removal of directors.

Quorum of directors

Dissent 0\ directors.

Evecut ive and other committees.

PIJ':~ a no nonce 01 directors or cesig nned committee

:ne~!,n~,--Presence.

Disrr-buuons to shareholders

Transacuons mvolvrng Interested snarenolder s.

Tr ansacuons Involving directors and officers.

Loans 10 direcrors-c--e-Guararuees 01 obhgaucns of

directors

Lra brlu v of directors in certain cases

Provisrons rera ung 10 actions b~ ,har:holders

Officers.

Removal of officers.

Books. records and minutes.

(1989 Ed.).

23A.08.020 General powers. (Effective until July I,

1990.1 Each 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.' ro gusr s m» 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

23A08~~0

23A.08.425

23A08~35

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 of corporation to acquire ItS 0""' n shares ......

Defense of unr a 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 of this 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

of state in a form which complies with the requirements

of this 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 of state 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 behalf of the corporation or person submitting the document with the secretary of state.

(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 of its shareholders in respect of any of its shares.

A distribution may be in the form of a dividend; a purchase. 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

of its shares. [198" c 1 § 710; 1986 c I \ 7 § \: 1984 c

75 § I; 1982 c 35 § 4; 1979 c 16 § 1; 1965 c .5 3 § 3.]