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VOLUME 4

Titles 37 through 44

2000

REVISED CODE OF WASHINGTON

Published under the authority of chapter 1.08 RCW.

Containing all laws of a general and permanent nature through the 2000 second special session, which adjourned

sine die April 27, 2000.

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(2000 Ed.) [PreI'ace--p i)
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REVISED CODE OF WASHINGTON

2000 Edition

02000 State of Washington

CERTIFICATE

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The 2000 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in

accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.

jK44Ltj

JOHN G. SCHULTZ, Chair,

STATUTE LAW COMMITTEE

[Preface-p iiI (2000 Ed.)
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CHAPTER 42.17 RCW

DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS

Sections

42.17.010

42.17.020

42.17.030

42.17.040

42.17.050

42.17:060

42.17.065

42.17.067

42.17.070

42.17.080

42.17.090

42.17.095

42.17.100

42.17.105

• 42.17.110

42.17.120

42.17.125

42.17.128

42.17.130

42.17.131

42.17.135

42.17.150

42.17.155

42.17.160

42.17.170

42.17.172

42.17.175

42.17.180

42.17.190

42.17.200

42.17.210

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Declaration of policy.

Definitions.

CAMPAIGN FINANCING

Applicability--Exceptions.

Statement of organization by political committees.

Treasurer--Depositories.

Deposit of contributions--Investment--Unidentified

contributions--Cash contributions.

Filing and reporting by continuing political

committee.

Fund-raising activities--Alternative reporting

method.

Expenditures--Authorization of and restrictions on.

Reporting of contributions and expenditures--

Inspection of accounts.

Contents of report.

Disposal of surplus funds.

Special reports--Independent expenditures.

Special reports, late contributions or totals over

five hundred dollars--Certain late contributions

prohibited .

Commercial advertisers--Public inspection of

documents--Copies to commission ..

Identification of contributions and communications.

Personal use of contributions--When permitted.

Use of public funds for political purposes.

Forbids use of public office or agency facilities in

campaigns.

Exemption from RCW 42.17.130.

Earmarked contributions.

LOBBYIST REPORTING

Registration of lobbyists.

Photograph and information--Booklet--Publication.

Exemption from registration.

Reporting by lobbyists.

Notification to person named in report.

Special reports--Late contributions or totals over

five hundred dollars.

Reports by employers of registered lobbyists, other

persons;

Legislative activities of state agencies, other

units of government, elective officials,

employees.

Grass roots lobbying campaigns.

Employment of legislators, board or commission

members, or state employees--Statement, contents

and filing.

RCW (10/30/0 10:15) [ 1 J
REPORTING OF PUBLIC OFFICIALS' FINANCIAL AFFAIRS

42.17.220

42.17.230

42.17.240

42.17.2401

42.17.241

42.17.242

42.17.243

42.17.245

42.17.250

42.17.251

42.17.255

42.17.258

42.17.260

42.17.270

42.17.280

42.17.290

42.17.295

42.17.300

42.17.305

42.17.310

42.17.311

42.17.312

42.17.313

42.17.314

42.17.315

42.17.316

42.17.317

42.17.318

42.17.319

42.17.31901

42.17.31902

42.17.31903

42.17.31904

Employment of unregistered persons.. Lobbyists' duties, restrictions.

Elected and appointed officials, candidates, and

appointees--Reports of financial affairs and

gifts.

"Executive state officer" defined.

Contents of report.

Concealing identity of source of payment

prohibited--Exception.

Public office fund--What constitutes, restrictions

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

REPORTING BY PUBLIC TREASURERS

Public accounts of governmental entities held by

financial institutions--Statements and reports--

Contents--Filing.

PUBLIC RECORDS

Duty to publish procedures.

Construction.

Invasion of privacy, when.

Disclaimer of public liability.

Documents and indexes to be made public.

Facilities for copying--Availability of public

records.

Times for inspection and copying.

Protection of public records--Public access.

Destruction of information relating to employee

misconduct.

Charges for copying.

Other provisions not superseded.

Certain personal and other records exempt.

Duty to disclose or withhold information--Otherwise

provided.

Medical records--Health care information.

Application for license or small loan endorsement

under chapter 31.45 RCW--Certain information

exempt.

Electrical utility records, request by law

enforcement agency.

Certain records obtained by colleges, universities,

libraries, or archives exempt.

Certain records of impaired physician program

exempt.

Information on commercial fertilizer distribution

exempt.

Information on concealed pistol licenses exempt.

Certain records of department of community, trade,

and economic development exempt.

Identity of child victims of sexual assault exempt.

Infant mortality review.

Identification of viators regulated by the insurance

commissioner exempt.

Insurance antifraud plans exempt.

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RCW (10/30/0 10:15) [ 2 1
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42.17.31905

42.17.31906

42.17.31907

42.17.31908

42.17.31909

42.17.31910

42.17.31911

42.17.31912

42.17.31913

42.17.31914

42.17.31915

42.17.320

42.17.325

42.17.330

42.17.340

42.17.341

42.17.348

42.17.350

42.17.360

42.17.362

42.17.365

42.17.367

42.17.369

42.17.3691

42.17.370

42.17.375

42.17.380

42.17.390

42.17.395

42.17.397

42.17.400

42.17.405

42.17.410

42.17.420

42.17.430

42.17.440

42.17.450

42.17.460

42.17.461

42.17.463

42.17.465

42.17.467

Insurance information on certain material

transactions exempt.

Fireworks records exempt.

Agricultural business and commodity commission

records exempt.

Business information gathered under certain

regulatory activities exempt . . American ginseng growers or dealers--Certain

information exempt.

Uniform Disciplinary Act complaints exempt.

Examination reports and information from financial

institutions exempt.

Motor carrier information systems.

Marine employees salary surveys.

Rail fixed guideway system--Safety and security

program plan.

Service contract providers--Financial reports

exempt.

Prompt responses required.

Review of agency denial.

Court protection of public records~

Judicial review of agency actions.

Application of RCW 42.17.340.

Explanatory pamphlet.

ADMINISTRATION AND ENFORCEMENT

Public disclosure commission--Established--

Membership--Prohibited activities--Compensation,

travel expenses.

Commission--Duties.

Toll-free telephone number.

Audits and investigations.

Web site for commission documents.

Electronic filing--Availability.

Electronic filing-~When required.

Commission--Additional powers.

Reports filed with county elections official--Rules

governing.

Secretary of state, attorney general--Duties.

civil remedies and sanctions.

Violations--Determination by commission--Procedure.

Procedure upon petition for enforcement of order of

commission--Court's order of enforcement.

Enforcement.

Suspension, reapplication of reporting requirements

in small political subdivisions.

Limitation on actions.

Date of mailing deemed date of receipt--Exceptions--

Electronic filings.

Certification of reports.

Statements and reports public records.

Duty to preserve statements and reports.

Access to reports--Legislative intent.

Access goals.

Access performance· measures.

Information technology plan--Contents . Information technology plan--Consultation.

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42.17.469

42.17.471

42.17.505

42.17.510

42.17.520

42.17.530

42.17.540

42.17.550

42.17.610

42.17.620

42.17.640

42.17.650

42.17.660

42.17.670

42.17.680

42.17.690

42.17.700

42.17.710

42.17.720

42.17.730

42.17.740

42.17.750

42.17.760

42.17.770

42.17.780

42.17.790

42.17.900

42.17.910

42.17.911

42.17.912

42.17.920

42.17.930

42.17.940

42.17.945

42.17.950

42.17.955

42.17.960

42.17.961

42.17.962

NOTES:

Information technology plan--Submission.

Access performance reports.

POLITICAL ADVERTISING

Definitions.

Identification of sponsor--Exemptions.

Picture of candidate.

False political advertising.

Responsibility for compliance.

Independent expenditure disclosure.

CAMPAIGN CONTRIBUTION LIMITATIONS

Findings.

Intent.

Limits specified--Exemptions.

Attribution and aggregation of family contributions.

Attribution of contributions by controlled entities.

Attribution of contributions generally--

"Earmarking."

Limitations on employers or labor organizations.

Changing monetary limits.

Contributions before December 3, 1992.

Time limit for state official to solicit or accept

contributions.

Restriction on loans.

Contributions on behalf of another.

Certain contributions required to be by written

instrument.

Solicitation of contributions by public officials or

employees. . Agency shop fees as contributions.

Solicitation of endorsement fees.

Reimbursement for contributions.

Prohibition on use of contributions for a different

office.

TECHNICAL PROVISIONS

Effective date--1973 c i.

Severability--1973 c 1.

Severability--1975 1st ex.s. c 294.

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

Construction--1973 c 1.

Chapter, section headings not part of law.

Repealer--1973 c 1.

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

Captions.

Short title--1993 c 2.

Effective date--1995 c 397.

Captions--1995 c 397.

Severability--1995 c 397.

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Basic health plan records: RCW 70.47.150.

Boundary changes, factual information on: RCW 35.21.890.

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

Heating oil pollution liability protection act, certain information

exempt from chapter 42.17 RCW: RCW 70.149.090 .

Private and confidential information--Requests for disclosure: RCW

50.13.015.

secretary of state, materials specifically authorized to be printed

and distributed by: RCW 43.07.140.

RCW 42.17.010 Declaration of policy. It is hereby declared

by the sovereign people to be the public policy of the state of

Washington:

(1) That political campaign and lobbying contributions and

expenditures be fully disclosed to the public and that secrecy is

to be avoided.

(2) That the people have the right to expect from their

elected representatives at all levels of government the utmost of.

integrity, honesty, and fairness in their dealings.

(3) That the people shall be assured that the private

financial dealings of their public officials, and of candidates for

those offices, present no conflict of interest between the public

trust and private interest.

(4) That our representative form of government is founded on

a belief that those entrusted with the offices of government have

nothing to fear from full public disclosure of their financial and

business holdings, provided those officials deal honestly and

fairly with the people . (5) That public confidence in government at all levels is

essential and must be promoted by all possible means.

(6) That public confidence in government at all levels can

best be sustained by assuring the people of the impartiality and

honesty of the officials in all public transactions and decisions.

(7) That the concept of attempting to increase financial

participation of individual contributors in political campaigns is

encouraged by the passage of the Revenue Act of 1971 by the

Congress of the United States, and in consequence thereof, it is

desirable to have implementing legislation at the state level.

(8) That the concepts of disclosure and limitation of election

campaign financing are established by the passage of .the Federal

Election Campaign Act of 1971 by the Congress of the United States,

and in consequence thereof it is desirable to have implementing

legislation at the state level.

(9) That small contributions by individual contributors are to

be encouraged, and that not requiring the reporting of small

contributions may tend to encourage such contributions.

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

political campaigns and lobbying and the financial affairs of

elected officials and candidates far outweighs any right that these

matters remain secret and private.

(11) That, mindful of the right of individuals to privacy and

of the desirability of the efficient administration of government,

full access to information concerning the conduct of government on

every level must be assured as a fundamental and necessary

precondition to the sound governance of a free s6ciety.

RCW (10/30/0 10:15) [ 5 ]
The provisions of this chapter shall be liberally construed to

promote complete disclosure of all information respecting the

financing of political campaigns and lobbying, and the financial

affairs of elected officials and candidates, and full access to

public records so as to assure continuing public confidence of

fairness of elections and governmental processes, and so as to

assure that the public interest will be fully protected. In

promoting such complete disclosure, however, this chapter shall be

enforced so as to insure that the information disclosed will not be

misused for arbitrary and capricious purposes and to insure that

all persons reporting under this chapter will be protected from

harassment and unfounded allegations based on information they have

freely disclosed. [1975 1st ex. s. c 294 § 1 i 1973 c 1 § 1

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

RCW 42.17.020 Definitions. (1) "Agency" includes all state

agencies and all local agencies. "State agency" includes every

state office, department, division, bureau, board, commission, or

other state agency. "Local agency" includes every county, city,

town, municipal corporation, quasi-municipal corporation, or

special purpose district, or any office, department , division,

bureau, board, commission, or agency thereof, or other local public

agency.

(2) "Authorized committee" means the political committee

authorized by a candidate, or by the public official against whom

recall charges have been filed, to accept contributions or make

expenditures on behalf of the candidate or public official.

(3) "Ballot proposition" means any "measure" as defined by RCW

29.01.110, or any initiative, recall, or referendum proposition

proposed to be submitted to the voters of the state or any

municipal corporation, political subdivision, or other voting

constituency from and after the time when the proposition has been

initially filed with the appropriate election officer of that

constituency prior to its circulation for signatures.

(4) "Benefit" means a commercial, proprietary, financial,

economic, or monetary advantage, or the avoidance of a commercial,

proprietary, financial, economic, or monetary disadvantage.

(5) "Bona fide political party" means:

(a) An organization that has filed a valid certificate of

nomination with the secretary of state under chapter 29.24 RCWi

(b) The governing body of the state organization of a major

political party, as defined in RCW 29.01.090, that is the body

authorized by the charter or bylaws of the party to exercise

authority on behalf of the state partYi or

(c) The county central committee or legislative district

committee of a major political party. There may be only one

legislative district committee for each party in each legislative

district.

(6) "Depository" means a bank designated by a candidate or

political committee pursuant to RCW42.17.050.

(7) "Treasurer" and "deputy treasurer" mean the individuals

appointed by a candidate or political committee, pursuant to RCW

42.17.050, to perform the duties specified in that section.

(8) "Candidate" means any individual who seeks nomination for

election or election to public office. An individual seeks

nomination or election when he or she first:

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(a) Receives contributions or makes expenditures or reserves

space or facilities with intent to promote his or her candidacy for

office;

(b) Announces publicly or files for office;

(c) Purchases commercial advertising space or broadcast time

to promote his or her candidacy; or

(d) Gives his or her consent to another person to take on

behalf of the individual any of the actions in (a) or (c) of this

subsection.

(9) "Caucus political committee" means a political committee

organized and maintained by the members of a major political party

in the state senate or state house of representatives.

(10) "Commercial advertiser", means any person who sells the

service of communicating messages or producing printed material for

broadcast or distribution to the general public or segments of the

general public whether through the use of newspapers, magazines,

television and radio stations, billboard companies, direct mail

advertising companies, printing companies, or otherwise.

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

42.17.350.

(12) "Compensation" unless the context requires a narrower

meaning, includes payment in any form for real or personal property

or services of any kind: PROVIDED, That for the purpose of

compliance with RCW 42.17.241, the term "compensation" shall not

include per diem allowances or other payments made by a

governmental entity to reimburse a public official for expenses

incurred while the official is engaged in the official business of

the' governmental entity.

(13) "Continuing political committee" means a political

committee that is an organization of continuing existence not

established in anticipation of any particular election campaign.

(14) (al "Contribution" includes:

(i) A loan, gift, deposit, subscription, forgiveness of

indebtedness, donation, advance, pledge, payment, transfer of funds

between political committees, or anything of value, including

personal and professional services for less than full

consideration;

(ii) An expenditure made by a person in coope+ation,

consultation, or concert with, or at the request or suggestion of,

a candidate, a political committee, or their agents;

(iii) The financing by a person of the dissemination,

distribution, or republication, in whole or in part, of broadcast,

written, graphic, or other form of political advertising prepared

by a candidate, a political committee, or its authorized agent;

(iv) ,Sums paid for tickets to fund-raising events such as

dinners and parties, except for the actual cost of the consumables

furnished at the event.

(b) "Contribution" does not include:

(i) Standard interest on money deposited in a political

committee's account;

(ii) Ordinary home hospitality;

(iii) A contribution received by a candidate or political

committee that is returned to the contributor within five business

days of' the date on which it is received by the candidate or

political committee;

(iv) A news item, feature, commentary, or editorial in a

regularly scheduled news medium that is of primary interest to the

general public, that is in a news medium controlled by a person

RCW (10/30/0 10:15) [ 7 ]
whose business is that news medium, and that is not controlled by

a candidate or a political committee;

(v) An internal political communication primarily limited to

the members of or contributors to a political party organization or

political committee, or to the officers, management staff, or C.'

stockholders of a corporation or similar enterprise, or to the .

members of a labor organization or other membership organization;

(vi) The rendering of personal services of the sort commonly

performed by volunteer campaign workers, or incidental expenses

per.sonally incurred by volunteer campaign workers not in excess of

fifty dollars personally paid for by the worker. "Volunteer

services," for the purposes of this section, means services or

labor for which the individual is not compensated by any person;

(vii) Messages in the form of reader boards, banners, or yard

or window signs displayed on a person's own property or property

occupied by a person. However, a facility used for such political

advertising for which a rental charge is normally made must be

reported as an in-kind contribution and counts towards any

applicable contribution limit of the person providing the facility;

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

of:

(A) A political party or caucus political committee if the

person paying for the services is the regular employer of the

person rendering such services; or

(B) A candidate or an authorized committee if the person

paying for the services is the regular employer of the individual

rendering the services and if the services are solely for the

purpose of ensuring compliance with state election or public

disclosure laws.

(c) Contributions other than money or its equivalent are

deemed to have a monetary value equivalent to the fair market value

of the contribution. Services or property or rights furnished at

less than their fair market value for the purpose of assisting any

candidate or political committee are deemed a contribution. Such

a contribution must be reported as an in-kind contribution at its

fair market value and cOunts towards any applicable contribution

limit of the provider.

(15) "Elected official" means any person elected at a general

or special election to any public office, and any person appointed

to fill a vacancy in any such office.

(16) "Election" includes any primary, general, or special

election for public office and any election in which a ballot

proposition is submitted to the voters: PROVIDED, That an election

in which the qualifications for voting include other than those

requirements set forth in Article VI, section 1 (Amendment 63) of

the Constitution of the state of Washington shall not be considered

an election for purposes of this chapter.

(17) "Election campaign" means any campaign in support of or

in opposition to a candidate for election to public office and any

campaign in support of, or in opposition.to, a ballot proposition.

(18) "Election cycle" means the period beginning on the first

day of December after the date of the last previous general

election for the office that the candidate seeks and ending on

November 30th after the next election for the office. In the case

of a special election to fill a vacancy in an office, "election

cycle" means the period beginning on the qay the vacancy occurs and

ending on November 30th after the special election.

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(19) "Expenditure" includes a payment, contribution,

subscription, distribution, loan, advance, deposit, or gift of

money or anything of value, and includes a contract, promise, or

agreement, whether or not legally enforceable, to make an

expenditure. The term "expenditure" also includes a promise to

pay, a payment, ora transfer of anything of value in exchange for

goods, services, property, facilities, or anything of value for the

purpose of assisting, benefiting, or honoring any public official

or candidate, or assisting in furthering or opposing any election

campaign. For the purposes of this chapter, agreements to make

expenditures, contracts, and promises to pay may be reported as

estimated obligations until actual payment is made. The term

"expenditure" shall not include the partial or complete repayment

by a candidate or political committee of the principal of a loan,

the receipt of which loan has been properly reported.

(20) "Final report" means the report described as a final

report in RCW 42.17.080(2).

(21) "General electionll means the election that results in the

election of a person to a state office. It does not include a

primary.

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

(23) "Immediate family" includes the spouse, dependent

children, and other dependent relatives, if living 'in the

household. For the purposes of RCW 42.17.640 through 42.17.790,

"immediate family" means an individual's spouse, and child,

stepchild, grandchild, parent, stepparent, grandparent, brother,

half brother, sister, or half 'sister of the individual and the

spouse of any such person and a child, stepchild, grandchild,

parent, stepparent, grandparent, brother, half brother, sister, or

half sister of the individual's spouse and the spouse of any such

person.

(24) "Independent expenditure II means an expenditure that has

each of the following elements:

(a) It is made in support of or in opposition to a candidate

for office by a person who is not (i) a candidate for that office,

(ii) an authorized committee of that candidate for that office,

(iii) a person who has received the candidate's encouragement or

approval to make the expenditure, if the expenditure pays in whole

or in part for political advertising supporting that candidate or

promoting the defeat of any other candidate or candidates for that

office, or (iv) a person with whom the candidate has collaborated

for the purpose of making the exp~nditure, if the expenditure pays

in whole or in part for political advertising supporting' that

candidate or promoting the defeat of any other candidate or

candidates for that office;

(b) The expenditure pays in whole or in part for political

advertising that either specifically names the candidate supported

or opposed, or clearly and beyond any doubt identifies the

candidate without using the candidate's name; and

(c) The expenditure, alone or' in conjunction with another

expenditure or other expenditures of the same person in support of

or opposition to that candidate, has a value of *five hundred

dollars or more. A series of expenditures, each of which is under

five hundred dollars, constitutes one independent expenditure if

their cumulative value is five hundred dollars or more.

(25) (a) II Intermediary" means an individual who transmits a

contribution to a candidate or committee from another person unless

the . contribution is from the individual's employer, immediate

RCW (10/30/0 10:15) 9 ]
family as defined for purposes of RCW 42.17.640 through 42.17.790,

or an association to which the individual belongs.

(b) A treasurer or a candidate is not an intermediary for

purposes of the committee that the treasurer or candidate serves.

(c) A professional fund-raiser is not an intermediary if the

fund-raiser is compensated for fund-raising services at the usual

and customary rate.

(d) A volunteer hosting a fund-raising event at the

individual's home is not an intermediary for purposes of that

event.

(26) "Legislation" means bills, resolutions, motions,

amendments, nominations, and other matters pending or proposed in

either house of the state legislature, and includes any other

matter that may be the subject of action by either house or any

committee of the legislature and all bills and resolutions that,

having passed both houses, are pending approval by the governor.

(27) "Lobby" and "lobbying" each mean attempting to influence

the passage or defeat of any legislation by the legislature of the

state of Washington, or the adoption or rejection of any rule,

standard, rate, or other legislative enactment of any state agency

under the state Administrative Procedure Act, chapter 34.05 RCW.

Neither "lobby" nor "lobbying" includes an association's or other

organization's act of communicating with the members of that

association or organization.

(28) "Lobbyist" includes any person who lobbies either in his

or her own or another's behalf.

(29) "Lobbyist's employer" means the person or persons by whom

a lobbyist is employed and all persons by whom he or she is

compensated for acting as a lobbyist.

(30) "Person" includes ~n individual, partnership, joint

venture, public or private corporation, association, federal,

state, or local governmental entity or agency however constituted,

candidate, committee, political committee, political party,

executive committee thereof, or any other organization or group of

persons, however organized.

(31) "Person in interest" means the person who is the subject

of a record or any representative designated by that person, except

that if that person is under a legal disability, the term "person

in interest" means and includes the parent or duly appointed legal

representative.

(32') "Political advertising" includes any advertising

displays, newspaper ads, billboards, signs, brochures, articles,

tabloids, flyers, letters, radio or television presentations, or

other means of mass communication, used for the purpose of

appealing, directly or indirectly, for votes or for financial or

other support in any election campaign. . (33) "Political committee" means any person (except a

candidate or an individual dealing with his or her own funds or

property) having the expectation of receiving contributions or

making expenditures in support of, or opposition to, any candidate

or any ballot proposition.

(34) "Primary" means the procedure for nominating a candidate

to state office under chapter 29.18 or 29.21 RCW or any other

primary for an election that uses, in large measure, the procedures

established in chapter 29.18 or 29.21 RCW.

(35) "Public office" means any federal, state, county, city,

town, school district, port district, special district, or other

state political subdivision elective office.

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(36) "Public record" includes any writing containing

information relating to the conduct of government or the

performance of any governmental or proprietary function prepared,

owned, used, or retained by any state or local agency regardless of

physical form or characteristics. For the office of the secretary

of the senate and the office of the chief clerk of the house of

representatives, public records means legislative records as

defined in RCW 40.14.100 and also means the following: All budget

and financial records; personnel leave, travel, and payroll

records; records of legislative sessions; reports submitted to the

legislature; and any other record designated a public record by any

official action of the senate or the house of representatives.

(37) "Recall campaign" means the period of time beginning on

the date of the filing of recall charges under RCW 29.82.015 and

ending thirty days after the recall election.

(38) "State legislative office" means the office of a member

of the state house of representatives or the office of a member of

the state senate.

(39) "State office" means state legislative office or the

office of governor, lieutenant governor, secretary of state,

attorney general, commissioner of public lands, insurance

commissioner, superintendent of public instruction, state auditor,

or state treasurer.

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

(41) "Surplus funds" mean, in the case of a political

committee or candidate, the balance of contributions that remain in

the possession or control of that committee or candidate subsequent

to the election for which the contributions were received, and that

are in excess of the amount necessary to pay remaining debts

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

the case of a continuing political committee, "surplus funds" mean

those contributions remaining in the possession or control of the

committee that are in excess of the amount necessary to pay all

remaining debts when it makes its final report under RCW 42.17.065.

(42) "Writing" means handwriting, typewriting, printing,

photostating, photographing, and every other means of recording any

form of communication or representation, including, but not limited

to, letters, words, pictures, sounds, or sYmbols, or combination

thereof, and all papers, maps, magnetic or paper tapes,

photographic films and prints, motion picture, film and video

recordings, magnetic or punched cards, discs, drums, diskettes,

sound recordings, and other documerit.s including existing data

compilations from which information may be obtained or translated.

As used in this chapter, the singular shall take the plural

and any gender, the other, as the context requires. [1995 c 397 §

1; 1992 c 139 § 1; 1991 sp.s. c 18 § 1; 1990 c 139 § 2. Prior:

1989 c 280 § 1; 1989 c 175 § 89; 1984 c 34 § 5; 1979 ex.s. c 50 §

1; 1977 ex.s. c 313 § 1; 1975 1st ex.s. c 294 § 2; 1973 c 1 § 2

{Initiative Measure No. 276, approved November 7, 1972).J

NOTES:

*Reviserrs note: The dollar amounts in this section have been

adjusted for inflation by rule of the commission adopted under the

authority of RCW 42.17.690. For current dollar amounts, see

chapter 390-05 of the Washington Administrative Code (WAC) .

RCW (10/30/0 '10:15) [ 11 J
Legislative intent--1990 c 139: "The provisions of this act

which repeal the reporting requirements established by chapter 423,

Laws of 1987 for registered lobbyists and employers of lobbyists

are not intended to alter, expand, 'or restrict whatsoever the

definition of "lobby" or "lobbying" contained in RCW 42.17.020 as C

it existed prior to the enactment of chapter 423, Laws of 1987."

[1990 c 139 § 1.]

Effective date- -1989 c 280: "This act shall take effect

January 1, 1990." [1989 c 280 s 14.]

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

Effective date--1977 ex.s. c 313:

shall take effect on Januaiy I, 1978."

"This 1977 amendatory act

[1977 ex.s. c 313 § 9.]

Severability- -1977 ex.s. c 313: "If any provision of this

1977 amendatory act, or its application to any person or

cir~umstance is held invalid, the remainder of the act, or the

application of the provision to other persons or circumstances is

not affected." [1977 ex. s. c 313 § 8.]

CAMPAIGN FINANCING

RCW 42.17.030 Applicability--Exceptions. The provisions of

this chapter relating to the financing of election campaigns shall

apply in all election campaigns other than (I) for precinct

committee officer; (2) for a federal elective office'; and (3) for 0

an office of a political subdivision of the state that does not . I

encompass a whole county and that contains fewer than five thousand

registered voters as of the date of the most recent general

election in the subdivision, unless required by RCW 42.17.405(2)

through (5) . [1987 c 295 § 18; 1986 c 12 § 1; 1985 c 367 § 2; 1977

ex.s. c 313 § 2;'1973 c 1 § 3 (Initiative Measure No. 276, approved

November 7, 1972).]

NOTES:

Effective date--Severability--1977 ex.s. c 313:

following RCW 42.17.020. .

See notes

Cemetery district commissioners exempt from chapter: RCW

68.52.140, 68.52.220.

RCW 42.17.040 Statement of organization by political

committees. (I) Every political committee, within two weeks after

its organization or, within two weeks after the date when it first

has the expectation of receiving contributions or making

expenditures in any election campaign, whichever is earlier, shall

file a statement of organization with the commission and with the

county auditor or elections officer of the county in which the

candidate resides, or in the case of any other political committee,

the county in which the treasurer resides. A political committee C~',:

organized within the last three weeks before an election and having ~.

the expectation of receiving contributions or making expenditures

RCW (10/30/0 10:15) [ 12 ]
•

•

•

during and for that election campaign shall file a statement of

organization within three business days after its organization or

when it first has the expectation of receiving contributions or

making expenditures in the election campaign .

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

limited to:

(a) The name and address of the committee;

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

committees or other persons, and the nature of the relationship or

affiliation;

(c) The names, addresses, and titles of its officers; or if it

has no officers, the names, addresses, and titles of its

responsible leaders;

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

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

(f) The name, office sought, and party affiliation of each

candidate whom the committee is supporting or opposing, and, if the

committee is supporting the entire ticket of any party, the name of

the party;

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

committee is in favor of or opposed to such proposition;

(h) What distribution of surplus funds will be made, in

accordance with RCW 42.17.095, in the event of dissolution;

(i) The street address of the place and the hours during which

the committee will make available for public inspection its books

of account and all reports filed in accordance with RCW 42.17.080;

and

(j) Such other information as the commission may by regulation

prescribe, in keeping with the policies and purposes of this

chapter .

(3) Any material change in information previously submitted in

a statement of organization shall be reported to the commission and

to the appropriate county elections officer within the ten days

following the change. [1989 c 280 § 2; 1982 c 147 § 1; 1977 ex.s.

c 336 § 1; 1975 1st ex.s. c 294 § 3; 1973 c 1 § 4 (Initiative

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

NOTES:

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

Severability--1977 ex.s. c 336: "If any provision of this

1977 amendatory act, or its application to any person or

circumstance. is held invalid, the remainder of the act, or the

application of the provision to other persons or circumstances is

not affected." [1977 ex.s. c 336 § 8.]

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

RCW 42.17.050 Treasurer--Depositories. (1) Each candidate,

within two weeks after becoming a candidate, and each political

committee, at the time it is required to file a statement of

organization, shall designate and file with the commission and the

appropriate county elections officer the names and addresses of:

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

candidate, to serve as a treasurer; and

RCW (10/30/0 10:15) [ 13 ]
(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 icand.idat.e , 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

s 3; 1982 c 147 s 2; 1973 c 1 s 5 (Initiative Measure No. 276,

approved November 7, 1972).J

NOTES:

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

c

o

RCW 42.17.060 Deposit of contributions--Investment--

Unidentified contributions--Cash contributions. (1) All monetary

contributions received by a candidate or political committee shall

be deposited by the treasurer or deputy treasurer in a depository

in an account established and designated for that purpose. Such

deposits shall be made within five business days of receipt of the

contribution.

(2) Political committees which support· or oppose more than one

candidate or ballot proposition, or exist for more than one

purpose, may maintain multiple separate bank accounts within the

same designated depository for.such purpose: PROVIDED, That each

such account shall bear the same name followed by an appropriate

designation which accurately identifies its separate purpose: AND

PROVIDED FURTHER, That transfers of funds which must be reported

under *RCW 42.17.090(1) (d) may not be made from more than one such

account. 0

(3) Nothing in this section prohibits a candidate or political

committee from investing funds on hand in a depository in bonds,

RCW (10/30/0 10:15) 14
•

•

certificates, tax-exempt securities, or savings accounts or oth~r

similar instruments in financial institutions or mutual funds other

than the depository: PROVIDED, That the commission and the

appropriate county elections officer is notified in writing of the

initiation and the termination of the investment: PROVIDED

FURTHER, That the principal of such investment when terminated

together with all interest, dividends, and income derived from the

investment are deposited in the depository in the account from

which the investment was made and properly reported to the

commission and the appropriate county elections officer prior to

any further disposition or expenditure thereof.

(4) Accumulated unidentified contributions, other than those

made by persons whose names must be maintained on a separate and

private list by a political committee's treasurer pursuant to RCW

42.17.090(1) (b), which total in excess of one percent of the total

accumulated contributions received in the current calendar year or

three hundred dollars (whichever is more), may not be deposited,

used, or expended, but shall be returned to the donor, if his

identity can be ascertained. If the donor cannot be ascertained,

the contribution shall escheat to the state, and shall be paid to

the state treasurer for deposit in the state general fund.

(5) A contribution of more than fifty dollars in currency may

not be accepted unless a receipt, signed by the contributor and by

the candidate, treasurer, or deputy treasurer, is prepared and made

a part of the campaign's or political committee's financial

records. [1989 c 280 § 4; 1987 c 268 § 1;1985 c 367 § 4;1982 c

147 § 3; 1977 ex.s. c 313 § 3; 1975 1st ex.s. c 294 § 4; 1973 c 1

§ 6 (Initiative Measure No. 276, approved November 7, 1972).J

NOTES:

*Reviser's note: RCW 42.17.090 was amended by 1989 c 280 § 9,

changing subsection (1) (d) to subsection (1) (e) .

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

Effective date--Severability--1977 ex.s. c 313:

following RCW 42.17.020.

See notes

•

RCW 42.17.065 Filing and reporting by'continuing political

committee. (1) In addition to the provisions of this section, a

continuing political committee shall file and report on the same

conditions and at the same times as any other committee in

accordance with the provisions of RCW 42.17.040, 42.17.050, and

42.17.060.

(2) A continuing political committee shall file with the

commission and the auditor or elections officer of the county in

which the committee maintains its office or headquarters and if

there is no such office or headquarters then in the county in which

the committee treasurer resides a report on the tenth day of the

month detailing its activities for the preceding calendar month in

which the committee has received a contribution or made an

expenditure: , PROVIDED,. That such report shall only be filed if

either the total contributions received or total expenditures made

since the last such report exceed two hundred dollars: PROVIDED

FURTHER, That after January I, 2002, if the committee files with

the commission electronically, it need not also file with the

RCW (10/30/0 10:15) [ 15 J
The report shall be on a form

shall include the following

county auditor or elections officer.

supplied by the commission and

information:

(a) The information required by RCW 42.17.090;

(b) Each expenditure made to retire previously accumulated

debts of the committee; identified by recipient, amount, and date

of paYments;

(c) Such other information as the commission shall by rule

prescribe.

(3) If a continuing political committee shall make a

contribution in support of or in opposition to a candidate or

ballot proposition within sixty days prior to the date on which

such candidate or ballot proposition will be voted upon, such

continuing political committee shall report pursuant to RCW

42.17.080.

(4) A continuing political committee shall file reports as

required by this chapter until it is dissolved, at which time a

final report shall be filed. Upon submitting a final report, the

duties of the campaign treasurer shall cease and there shall be no

obligation to make any further reports.

(5) The campaign treasurer shall maintain books of account

accurately reflecting all contributions and expenditures on a

current basis within five business days of receipt or expenditure.

During the eight days immediately preceding the date of any

election, .for which the committee has received any contributions or

made any expenditures, the books of account shall be kept current

within one business day and shall be open for public inspection in

the same manner as provided for candidates and other political

committees in RCW 42.17.080(5).

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

certified as correct by the campaign treasurer.

(7) The campaign treasurer shall preserve books of account,

bills, receipts, and all other financial records of the campaign or

political committee for not less than five calendar years following

the year during which the transaction occurred. {2000 c 237 § 1;

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

NOTES:

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

c

o

RCW 42.17.067 Fund-raising activities--Alternative reporting

method. (1) Fund-raising activities which meet the standards of

subsection (2) of this section may be reported in accordance with

the provisions of this section in lieu of reporting in accordance

with RCW 42.17.080.

(2) Standards:

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

(i) The retail sale of goods or services at a reasonable

approximation of the fair market value of each item or service sold

at the activity; or

(ii) A gambling operation which is licensed, conducted, or

operated in accordance with the provisions of chapter 9.46 RCW; or

(iii) A gathering where food and beverages are purchased,

where the price .of admission or the food and beverages is no more ()I than twenty-five dollars; or _

RCW (10/30/0 iO:15) [ 16 ]
•

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•

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

entertainment event where the price of admission is no more than

twenty-five dollars; or

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

value of items donated by any person for sale is no more than fifty

dollars; and

(b) No person responsible for receiving money at such activity

knowingly accepts payments from a single person at or from such an

activity to the candidate or committee aggregating more than fifty

dollars unless the name and address of the person making such

payment together with the amount paid to the candidate or committee

are disclosed in the report filed pursuant to subsection (6) of

this section; and

(c) Such other standards as shall be established by rule of

the commission to prevent frustration of the purposes of this

chapter.

(3) All funds received from a fund-raising activity which

conforms with subsection (2) of this section shall be deposited

within five business days of receipt by the treasurer or deputy

treasurer in the depository.

(4) At the time reports are required under RCW 42.17.080, the

treasurer or deputy treasurer making the deposit shall file with

the commission and the appropriate county elections officer a

report of the fund-raising activity which shall contain the

following information:

(a) The date of the activity;

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

the activity; and

(c) The total amount of cash receipts from persons, each of

whom paid no more than fifty dollars.

(5) The treasurer or deputy treasurer shall certify the report

is correct.

(6) The treasurer shall report pursuant to RCW 42.17.080 and

42.17.090: (a) The name and address and the amount contributed of

each person who contributes goods or services with a fair market

value of more than fifty dollars to a fund-raising activity

reported under subsection (4) of this section, and (b) the name and

address of each person whose identity can be ascertained, and the

amount paid, from whom were knowingly received paymerrts to the

candidate or committee aggregating more than fifty dollars at or

from such a fund-raising activity. [1989 c 280 § 6; 1982 c 147 §

5; 1975-'76 2nd ex.s. c 112 § 9.]

NOTES:

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

RCW 42.17.070 Expenditures--Authorization of and restrictions

on. No expenditures may be made or incurred by any candidate or

political committee except on the authority of the treasurer or the

candidate, and a record of all such expenditures shall be

maintained by the treasurer.

No expenditure of more than fifty dollars may be made a n

currency unless a receipt, signed by the recipient and by the

candidate or treasurer, is prepared and made a part of the

campaign's or political committee's financial records. [1989 c 280

RCW (10/30/0 10:15) [ 17 ]
s 7; 1985 c 367 s 5; 1973 c 1 s 7 (Initiative Measure No. 276,

approved November 7, 1972).J

NOTES:

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

RCW 42.17.080 Reporting of contributions and expenditures--

Inspection of accounts. (1) On the day the treasurer is

designated, each candidate or political committee shall file with

the commission and the county auditor or elections officer of the

county in which the candidate resides, or in the case of a

political committee, the county in which the treasurer resides, in

addition to any statement of organization required under RCW

42.17.040 or 42.17.050, a report of all contributions received and

expenditures made prior to that date, if any.

(2) At the following intervals each treasurer shall file with

the commission and the county auditor or elections officer of the

county in which the candidate resides, or in the case of a

political committee, the county in which the committee maintains

its office or headquarters, . and if there is no office or

headquarters then in the county in which the treasurer resides, a

report containing the information required by RCW 42.17.090:

(a) On the twenty-first day and the seventh day immediately

preceding the date on which the election is held; and

(b) On the tenth day of the first month af~er the election:

PROVIDED, That this report shall not be required following a

primary election from:

(i) A candidate whose name will appear on the subsequent

general election ballot; or 0

(ii) Any continuing political committee; and <,J

(c) On the tenth day of each month in which no other reports

are required to be filed under this section: PROVIDED, That such

report shall only be filed if the committee has received a

contribution or made an expenditure in the preceding calendar month

and either the total contributions received or total expenditures

made since the last such report exceed two hundred dollars.

When there is no outstanding debt or obligation, and the

campaign fund is closed, and the campaign is concluded in all

respects, and in the case of a political committee, the committee

has ceased to function and has dissolved, the treasurer shall file

a final report. Upon submitting a final report, the duties of the

treasurer shall cease and there shall be no obligation to make any

further reports.

The report filed twenty-one days before the election shall

report all contributions received and expenditures made as of the

end of the fifth business day before the date of the report. The

report filed seven days before the election shall report all

contributions received and expenditures made as of the end of the

one business day before the date of the report. Reports filed on

the tenth day of the month shall report all contributions received

and expenditures made from the closing date of the last report

filed through the last day of the month preceding the date of the

current report.

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

preceding the date on which the special or general election is held

and ending on the date of that election, each Friday the treasurer

RCW (10/30/0 10:15) [ 18 J
•

•

•

shall file with the commission and the appropriate county elections

officer a report of each bank deposit made during the previous

seven calendar days. The report shall contain the name of each

person contributing the funds so deposited and the amount

contributed by each person. However, contributions of no more than

twenty-five dollars in the aggregate from anyone person may be

deposited without identifying the contributor. A copy of the

report shall be retained by the treasurer for his or her records.

In the event of deposits made by a deputy treasurer, the copy shall

be forwarded to the treasurer for his or her records. Each report

shall be certified as correct by the treasurer or deputy treasurer

making the deposit.

(4) If a city requires that candidates or committees for city

offices file reports with a city agency, the candidate or treasurer

so filing need not also file the report with the county auditor or

elections officer.

(5) The treasurer or candidate shall maintain books of account

accurately reflecting all contributions and expenditures on a

current basis within five business days of receipt or expenditure.

During the eight days immediately preceding the date of the

election the books of account shall be kept current within one

business day. As specified in the committee's statement of

organization filed under RCW 42.17.040, the books of account must

be open for public inspection as follows:

(a) For at least two consecutive hours between 8:00 -a.m~ and

8:00 p.m. on the eighth day immediately before the election, except

when it is a legal holiday, in which case on the seventh day

immediately before the election, at the principal headquarters or,

if there is no headquarters, at the address of the treasurer or

such other place as may be authorized by the commission; and

(b) By appointment for inspections to be conducted at the

designated place for inspections between 8:00 a.m. and 8:00 p.m. on

any other day from the seventh day through the day immediately

before the election, other than Saturday, Sunday, or a legal

holiday. It is a violation of this chapter for a candidate or

political committee to refuse to allow and keep an appointment for

an inspection to be conducted during these authorized times and

days in the week prior to the election. The appointment must be

allowed at an authorized time and day for such inspections that is

within twenty-four hours of the time and day that is requested for

the inspection.

. (6) The treasurer or candidate shall preserve books of

account, bills, receipts, and all other financial records of the

campaign or political committee for not less than five calendar

years following the year during which the transaction occurred.

(7) All reports filed pursuant to subsection (1) or (2) of

this section shall be certified as correct by the candidate and the

treasurer.

(8) Copies of all reports filed pursuant to this section shall

be readily available for public inspection for at least two

consecutive hours Monday through Friday, excluding legal holidays,

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

statement of organization filed pursuant to RCW 42.17.040, at the

principal headquarters or, if there is no headquarters, at the

address of the treasurer or such other place as may be authorized

by the commission.

RCW (10/30/0 10:15) [ 19 ]
! --. !

(9) After January 1, 2002, a report that is filed with the

commission electronically need not also be filed with the county

auditor or elections officer.

(10) The commission shall adopt administrative rules

establishing requirements for filer participation in any system C

designed· and implemented by the commission for the electronic

filing of reports. [2000 c 237 § 2; 1999 c 401 § 13; 1995 c 397 §

2; 1989 c 280 § 8; 1986 c 28 § 1; 1982 c 147 § 6; 1975 1st ex.s. c

294 § 6; 1973 c 1 § 8 (Initiative Measure No. 276, approved

November 7, 1972).]

NOTES:

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

RCW 42.17.090 Contents of report. (1) Each report required

under RCW 42.17.080 (1) and (2) shall disclose the following:

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

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

more contributions during the period, together with the money value

and date of such contributions and the aggregate value of all

contributions received from each such person during the campaign or

in the case of a continuing political committee, the current

calendar year: PROVIDED, That pledges in the aggregate of less

than one hundred dollars from anyone person need not be reported:

PROVIDED FURTHER, That the income which results from a fund-raising

activity conducted in accordance with RCW 42.17.067 may be reported

as one lump sum, with the exception of that portion of such income

which was received from persons whose names and addresses are

required to be included in the report required by RCW 42.17.067: 0\ 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;

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

was made in the aggregate amount of more than fifty dollars during

the period covered by this report, and the amount, date, and

purpose of each such expenditure. A candidate for state executive

or state legislative office or the political committee of such a

candidate shall report this information for an expenditure under

one of the following categories, whichever is appropriate: (i)

Expenditures for the election of the candidate; (ii) expenditureS(\

for nonreimbursed public office-related expenses; (iii) \

expenditures required to be reported under (e) of this subsection;

RCW (10/30/0 10:15) [ 20 ]
•

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•

or (iv) expenditures of surplus funds and other expenditures. The

report of such a candidate or committee shall contain a separate

total of expenditures for each category and a total sum of all

expenditures. Other candidates and political committees need not

report information regarding expenditures under the categories

listed in (i) through (iv) of this subsection or under similar such

categories unless required to do so by the commission by rule. The

report of such an other candidate or committee shall also contain

the total sum of all expenditures;

(g) The name and address of each person to whom any

expenditure was made directly or indirectly to compensate the

person for soliciting or procuring signatures on an initiative or

referendum petition, the amount of such compensation to each such

person, and the total of the expenditures made for this purpose.

Such expenditures shall be reported under this subsection (1) (g)

whether the expenditures are or are not also required to be

reported under (f) of this subsection;

(h) The name and address of any person and the amount owed for

any debt, obligation, note, unpaid loan, or other liability in the

amount of more than two hundred fifty dollars or in the amount of

more than fifty dollars that has been outstanding for over thirty

days;

(i) The surplus or deficit of contributions over expenditures;

(j) The disposition made in accordance with RCW 42.17.095 of

any surplus funds;

(k ) Such other information as shall be' required by the

commission by rule in conformance with the policies and purposes of

this chapter; and

(I) Funds received from a political committee not otherwise

required to report under this chapter (a "nonreporting committee") .

Such funds shall be forfeited to the state of Washington unless the

nonreporting committee has filed or within ten days following such

receipt files with the commission a statement disclosing: (i) Its

name and address; (ii) the purposes of the nonreporting committee;

(iii) the names, addresses, and titles of its officers or if it has

no officers, the names, addresses, and titles of its responsible

leaders; (iv) the name, office sought, and party affiliation of

each candidate in the state of Washington 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 by filing

RCW (10/30/0 10:15) [ 21 ]
with the commission a letter providing updating or amending

information.

(2) The treasurer and the candidate shall certify the

correctness of each report. [1993 c 256 § 6; 1989 c 280 § 9.

Prior: 1986 c 228 § 1; 1986 c 12 § 2; 1983 c 96 § 1; 1982 c 147 § C

7; 1977 ex.s. c 336 § 2; 1975-'76 2nd ex.s. c 112 § 3; 1975 1st

ex.s. c 294 § 7; 1973 c 1 § 9 (Initiative Measure No. 276, approved

November 7, 1972).]

NOTES:

Severability--Effective date--1993 c 256: See notes following

RCW 29.79.500.

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

Severability--1977 ex.s. c 336:

42.17.040.

See note following RCW

Appearance of fairness doctrine- -Application· to

public office--Campaign contributions:

42.36.050.

candidates for

RCW 42.36.040,

RCW 42.17.095 Disposal of surplus funds. The'surplus funds

of a candidate, or of a political committee supporting or opposing

a candidate, may only be disposed of in 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) Transfer the surplus to the candidate's personal account

as reimbursement for lost earnings incurred as a result of that

candidate's election campaign. Such lost earnings shall be

verifiable as unpaid salary or, when the candidate is not salaried,

as an amount not to exceed income' received by the candidate for

services rendered during an appropriate, corresponding time period.

All lost earnings incurred shall be documented and a record thereof

shall be maintained by the candidate or the candidate's political

committee. The committee shall include a copy of such record when

its'expenditure for such reimbursement is reported pursuant to RCW

42.17.090;

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

to a caucus political committee;

(4) Donate the surplus to a charitable organization registered

in accordance with chapter 19.09 RCW;

(5) Transmit the surplus to the state treasurer for deposit in

the general fund; or

(6) Hold the surplus in the campaign depository or

depositories designated in accordance with RCW 42.17.050 for

possible use in a future election campaign for the same office last

sought by the candidate and report any such disposition in

accordance with RCW 42.17.090: PROVIDED, That if the candidate

subsequently announces or publicly files for office, information as

appropriate is reported to the commission ~n accordance with RCW

42.17.040 through 42.17.090. If a subsequent office is not sought

the surplus held shall be disposed of in accordance with the

requirements of this section.

o

()

RCW (10/30/0 10:15) [ 22]
•

(7) Hold the surplus campaign funds in a separate account for

nonreimbursed public office-related expenses or as provided in this

section, and report any such disposition in accordance with RCW

42.17.090. The separate account required under this subsection

shall not be used for deposits of campaign funds that are not

surplus.

(8) No candidate or authorized committee may transfer funds to

any other candidate or other political committee.

The disposal of surplus funds under this section shall not be

considered a contribution for purposes of this chapter. [1995 c

397 § 31; 1993 c 2 § 20 (Initiative Measure No. 134, approved

November 3, 1992); 1982 c 147 § 8; 1977 ex.s. c 336 § 3.]

NOTES:

Severability--1977 ex.s. c 336:

42.17.040.

See note following RCW

•

•

RCW 42.17.100 Special reports--Independent expenditures. (1)

For the purposes of this section and RCW 42.17.550 the term

"independent expenditure" means any expenditure that is made in

support of or in opposition to any candidate or ballot proposition

and is not otherwise required to be reported pursuant to RCW

42.17.060, 42.17.080, or 42.17.090. "Independent expenditure" does

not include: An internal political communication primarily limited

to the contributors to a political party organization or political

action committee, or the officers, management staff, and

stockholders of a corporation or similar enterprise, or the members

of a labor organization or other membership organization; or the

rendering of personal services of the sort commonly performed by

volunteer campaign workers, or incidental expenses personally

incurred by volunteer campaign workers not in excess of fifty

dollars personally paid for by the worker. "Volunteer services,"

for the purposes of this section, means services or labor for which

the individual is not compensated by any person.

(2) Within five days after the date of making an independent

expenditure that by itself or when added to all other such

independent expenditures made during the same election campaign by

the same person equals one hundred dollars or more, or within five

days after the date of making an independent expenditure for which

no reasonable estimate of monetary value is practicable, whichever

occurs first, the person who made the independent expenditure shall

file with the commission and the county :elections officer of the

county of residence for the candidate supported or opposed by the

independent expenditure (or in the case of an expenditure made in

support of or in opposition to a local ballot proposition, the

county of residence for the person making the expenditure) an

initial report of all independent' expenditures made during the

campaign prior to and including such date.

(3) At the following intervals each person who is required to

file an initial report pursuant to subsection (2) of this section

shall file with the commission and the county,elections officer of

the county ofre~idence for the candidate supported or opposed by

the independent expenditure (or in the case of an expenditure made

in support of or in opposition to a ballot proposition, the county

of residence for the person, making the expenditure) a further

RCW (10/30/0 10:15) . [ 23 ]
shall be required by the

the policies and purposes of

c 280 § 10; 1985 c 367 § 6;

c 112 § 4 i 1973 c 1 § 10

November 7, 1972).J

report of the independent expenditures made since the date of the

last report:

(a) On the twenty-first day and the seventh day preceding the

date on which the election is held; and

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

and

(c) On the tenth day of each month in which no other reports

are required to be filed pursuant to this section. However, the

further reports required by this subsection (3) shall only be filed

if the reporting person has made an independent expenditure since

the date of the last previous report filed.

The report filed pursuant to paragraph (a) of this subsection

(3) shall be the final report, and upon submitting such final

report the duties of the reporting person shall cease, and there

shall be no obligation to make any further reports.

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

certified as correct by the reporting person.

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

section shall disclose for the period beginning at the end of the

period for the last previous report filed or, in the case of an

initial report, beginning at the time of the first independent

expenditure, and ending not more than one business day before the

date the report is due:

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

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

expenditure was made in the aggregate amount of more than fifty

dollars, and the amount, date, and purpose of each such

expenditure. If no reasonable estimate of the monetary value of a

particular independent expenditure is practicable, it is sufficient

to report instead a precise description of services, property, or

rights furnished through the expenditure and where appropriate to

attach a copy of the item produced or distributed by the

expenditure;

(c) The total sum of all independent expenditures made during

the campaign to date; and

(d) Such other information as

commission by rule in conformance with

this chapter. [1995 c 397 § 28; 1989

1982 c 147 § 9; 1975-'76 2nd ex.s.

(Initiative Measure No. 276, approved

NOTES:

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

c

c

RCW 42.17.105 Special reports, late contributions or totals

over five hundred dol1ars-.-Certain late contributions prohibited.

(1) Campaign treasurers shall prepare and deliver to the commission

a special report regarding any contribution or aggregate of

contributions which: Exceeds five hundred dollars; is from. a

single person or entity; and is received during a special reporting

period. .

Any political. committee making a contribution or an aggregate

of contributions to a single entity which exceeds five hundred

dollars shall also prepare and deliver to the commission the ( '\

special report if the contribution or aggregate of contributions is

made during a special reporting period.

RCW (10/30/0 10:15) [ 24 ]
e'

e,

•

For the purposes of subsections (1) through (7) of this

section:

(a) Each of the following intervals is a special reporting

period: (i) The interval beginning after the period covered by the

last report required by RCW 42.17.080 and 42.17.090 to be filed

before a primary and concluding on the end of the day before that

primary; and (ii) the interval composed of the twenty-one days

preceding a general election; and

(b) An aggregate of contributions includes only those

contributions received from a single entity during anyone special

reporting period or made by the contributing political committee to

a single entity during anyone special reporting period.

(2) If a campaign treasurer files a special report under this

section for one or more contributions received from a single entity

during a special reporting period, the treasurer shall also file a

special report under this section for each subsequent contribution

of any size which is received from that entity during the special

reporting period. If a political committee files a special report

under this section for a contribution or contributions made to a

single entity during a special reporting period, the political

committee shall also file a special report for each subsequent

contribution of any size which is made to that entity during the

special reporting period.

(3) Except as provided in subsection (4) of this section, the

special ,report required by this section shall be delivered

electronically or in written form, including but not limited to

mailgram, telegram, or nightletter. The special report required of

a contribution recipient by subsection (1) of this section shall be

delivered to the commission within forty-eight hours of the time,

or on the first' working day after: The contribution exceeding five

hundred dollars is received by the candidate or treasurer; the

aggregate received by the candidate or treasurer flrst exceeds five

hundred dollars; or the subsequent contribution that must be

reported under subsection (2) of this section is received by the

candidate or treasurer. The special report required of a

contributor by subsection (1) of this section or RCW 42.17.175

shall be delivered to the commission, and the candidate or

political committee to whom the contribution or contributions are

made, within twenty-four hours of the time, or on the first working

day after: The contribution is made; the aggregate of

contributions made first exceeds five hundred dollars; or the

subsequent contribution that must be reported under subsection (2)

of this section is made.

(4) The special report may be transmitted orally by telephone

to the commission to satisfy the delivery period required by

subsection (3) of this section if the written form of the report is

also mailed to the commission and postmarked within the delivery

period established in subsection (3) of this section or the file

transfer date of the electronic filing is within the delivery

period established in subsection (3) of this section.

(5) The special report shall include at least:

(a) The amount of the contribution or contributions;

(b) The date or dates of receipt;

(c) The name and address of the donor;

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

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

(6) Contributions reported under this section shall also be

reported as required by other provisions of this chapter.

RCW (10/30/0 10:15) [ 25 ]
(7) The commission shall prepare daily a summary of the

special reports made under this section and RCW 42.17.175.

(8) It is a violation of this chapter for any person to make,

or for any candidate or political committee to accept from anyone

person, contributions reportable under RCW 42.17.090 in the C

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 bona fide political

party as defined in this chapter, excluding the county central

committee or legislative district committee.

(9) Contributions governed by this section include, but are

not limited to, contributions made or received indirectly through

a third party or entity whether the contributions are or are not

reported to the commission as earmarked contributions under RCW

42.17.135. [1995 c 397 § 4; 1991 c 157 § 1; 1989 c 280 § 11; 1986

c 228 § 2; 1985 c 359 § 1; 1983 c 176 § 1.]

NOTES:

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

RCW 42.17.110 Commercial advertisers--Public inspection of

documents--Copies to commission. (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 three years after the

date of the applicable election, during normal business hours, o.

documents and books of account which shall specify:

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

political advertising;

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

rendered; and

(c) The consideration and the manner of paying that

consideration for such services.

(2)Each commercial advertiser which must comply with

subsection (1) of this section shall deliver to the commission,

upon its request, copies of such information as must be maintained

open for public inspection pursuant to subsection (I) of this

section. [1975-'76 2nd ex.s. c 112 § 5; 1973 c 1 § 11 (Initiative

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

RCW 42.17.120 Identification of contributions and

communications. No contribution shall be made and no expenditure

shall be incurred, directly or indirectly, in a fictitious name,

anonymously, or by one person through an agent, relative, or other

person in such a manner as to conceal the identity of the source of

the contribution or in any other manner so as to effect

concealment. [1975 1st ex.s. c 294 § 8; 1973 c 1 § 12 (Initiative

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

RCW 42.17.125 Personal use of contributions--When permitted. C") Contributions received and reported in accordance with RCW

42.17.060 through 42.17.090 may only be transferred to the personal"-'~"

RCW (10j30jO 10:15) [ 26 ]
•

•

account of a candidate, or of a treasurer or other individual or

expended for such individual's personal use under the following

circumstances:

(1) Reimbursement for or loans to cover lost earnings incurred

as a result of campaigning or services performed for the political

committee. Such lost earnings shall be verifiable as unpaid

salary, or when the individual is not salaried, as an amount not to

exceed income received by the individual for services rendered

during an appropriate, corresponding time period. All lost

earnings incurred shall be documented and a record thereof shall be

maintained by the individual or the individual's political

committee. The political committee shall include a copy of such

record when its expenditure for such reimbursement is reported

pursuant to RCW 42.17.090.

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

and postelection campaign related expenses made by the individual.

To receive reimbursement from the political committee, the

individual shall provide the political committee with written

documentation as to the amount, date, and description of each

expense, and the political committee shall include a copy of such

information when its expenditure for such reimbursement is reported

pursuant to RCW 42.17.090.

(3) Repayment of loans made by the individual to political

committees, which repayment shall be reported pursuant to RCW

42.17.090. However, contributions may not be used to reimburse a

candidate for loans totaling more than *three thousand dollars made

by the candidate to the candidate I s own political committee or

campaign. [1995 c 397 § 29; 1993 c 2 § 21 (Initiative Measure No.

134, approved November 3, 1992); 1989 c 280 § 12; 1985 c 367 § 7;

1977 ex.s. c 336 § 6.]

NOTES:

*Reviser's note: The dollar amounts in this section·have been

adjusted for inflation by rule of the commission adopted under the

authority of RCW 42.17.690. For current dollar amounts, see

chapter 390-05 of the Washington Administrative Code (WAC).

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

Severability--1977 ex. s , c 336:

42.17.040.

See note following RCW

•

RCW 42.17.128 Use of public funds for political purposes .

.Public funds, whether derived through taxes, fees, penalties, or

any other sources, shall not be used to finance political campaigns

for state or local office. [1993 c 2 § 24 (Initiative Measure No.

134, approved November 3, 1992).]

RCW 42.17.130 Forbids use of public office or agency

facilities in campaigns. No elective official nor any employee of

his office nor any person appointed to or employed by any public

office or agency may use or authorize the use of any of the

facilities ofa 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

RCW (10/30/0 10:15) [ 27 ]
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 C,

agency: PROVIDED, That the foregoing provisions of this section

shall not apply to the following activities:

(1) Action taken at an open public meeting by members of an

elected legislative body to express a collective decision, or to

actually vote upon a motion, proposal, resolution, order, or

ordinance, or to support or oppose a ballot proposition so long as

(a) any required notice of the meeting includes the title and

number of the ballot proposition, and (b) members of the

legislative body or members of the public are afforded an

approximately equal opportunity for the expression of an opposing

view;

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

opposition to any ballot proposition at an open press conference or

in response to a specific inquiry;

(3) Activities which are part of the normal and regular

conduct of the office or agency. [1979 ex.s. c 265 § 2; 1975-'76

2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276,

approved November 7, 1972).]

NOTES:

Disposition of violations before January 1, 1995:

violations occurring prior to January 1, 1995, of any

following laws shall be disposed of as if chapter 154, Laws

were not enacted and such laws continued in full force and

RCW 42.17:130, chapter 42.18 RCw,chapter 42.21 RCW, and

42.22 RCW." [1994 c 154 § 226.]

"Any

of the

of 1994

effect:

chapter o

RCW 42.17.131 Exemption from RCW 42.17.130. RCW 42.17.130

does not apply to any person who is a state officer or state

employee as defined in RCW 42.52.010. [1994 c 154 § 317.]

NOTES:

Parts and captions not law--Effective date--Severability--1994

c 154: See RCW 42.52.902, 42.52.904, and 42.52.905.

RCW 42.17.135 Earmarked contributions. A candidate or

political committee receiving a contribution earmarked for the

benefit of another candidate or political committee shall:

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

42.17.090;

(2) Complete a report, entitled "Earmarked contributions," on

a form prescribed by the commission by rule, which identifies the

name and address of the person who made the contribution, the

candidate or political committee for whose benefit the contribution

is earmarked, the amount of the contribution, and the date on which

the contribution was received; and

,(3) Notify the commission and the candidate or political ('\

committee for whose benefit the contribution is earmarked regarding , the receipt of the contribution by mailing or delivering to the ~.-",,c:

RCW (10/30/0 10:15) [ 28 ]
•

•

•

commission and to the candidate or committee a copy of the

"Earmarked contributions" report. Such notice shall be given

within two working days of receipt of the contribution.

A candidate or political committee receiving notification of

an earmarked contribution under subsection (3) of this section

shall report the contribution, once the contribution is received by

the candidate or committee, in the same manner as the receipt of

any other contribution is disclosed in reports required by RCW

42.17.080 and 42.17.090. [1989 c 280 § 13; 1986 c 228 § 3.]

NOTES:

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

LOBBYIST REPORTING

RCW 42.17.150 Registration of lobbyists. (1) Before doing

any lobbying, or within thirty days aft e r being employed as a

lobbyist, whichever occurs first, a lobbyist shall register by

filing with the commission a lobbyist registration statement, in

such detail as the commission shall prescribe, showing:

(a) His name, permanent business address, and any temporary

residential and business addresses in Thurston county during the

legislative session;

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

lobbyist's employer;

(c) The duration of his emploYment;

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

for expenses, and what expenses are to be reimbursed;

(e) Whether the person from whom he receives said compensation

employs him solely as a lobbyist or whether he is a regular

employee performing services for his employer which include but are

not limited to the influencing of legislation;

(f) The general subject or subjects of his legislative

interest;

(g) A written authorization from each of the lobbyist's

employers confirming such emplOYment;

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

of the accounts, bills, receipts, books, papers, and documents

required to be kept under this chapter;

(i) If the lobbyist's employer is ah 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 oris 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

RCW (10/3D/0 10:15) [ 29 ]
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, b~siness address and occupation of each person so paying or

contributing, and the amount of the respective paYments or

contributions made by each such person. '

(3) Whenever a change, modification, or termination of the

lobbyist's emploYment occurs, the lobbyist shall, within one week

of such change, modification or termination, furnish full

information regarding the same by filing with the commission an

amended registration statement.

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

registration statement, revised as appropriate, on the second

Monday in January of each odd-numbered year, and failure to do so

shall terminate his registration. [1987 c 201 § 1; 1982 c 147 §

10; 1973 c 1 § 15 (Initiative Measure No. 276, approved November 7,

1972).] .

RCW 42.17.155 Photograph and information- -Booklet--

Publication. Each lobbyist shall at the time he or she registers

submit to the commission a recent photograph of himself or herself

of a size and format as determined by rule of the commission,

together with the name of the lobbyist's employer, the length of

his or her emploYment as a lobbyist before the legislature, a brief

biographical description, and any other information he or she may

wish to submit not to exceed fifty words in length. Such

photograph and information shall be published at least biennially

in a booklet form by the commission for distribution to legislators

and the public. [1995 c 397 § 6; 1985 c 367 § 8; 1982 c 147 § 11;

1975 1st ex.s. c 294 § 21.]

RCW 42.17.160 Exemption from registration. The following

persons and activities shall be exempt from registration and

reporting under RCW 42.17.150, 42.17.170, and 42.17.200:

(1) Persons who limit their lobbying activities to appearing

before public sessions of committees of the legislature, or public

hearings of state agencies;

(2) Activities by lobbyists or other persons ,whose

participation has been solicited by an agency under RCW

34.05.310(2);

(3) News or feature reporting activities and editorial comment

by working members of the press, radio, or television and the

publication or dissemination thereof by a newspaper; book

publisher, regularly published periodical, radio station, or

television station;

(4) Persons who lobby without compensation or other

consideration for acting as a lobbyist: PROVIDED, Such person

makes, no expenditure for or on behalf of any member of the

legislature or elected official or public officer or employee of

the state of Washington in connection with such lobbying. The

exemption contained in this subsection is intended to permit and

encourage citizens of this state to lobby any legislator, public

official, or state agency without incurring any registration or

reporting obligation provided they do not exceed the limits stated

above. Any person exempt under this subsection (4) may at his or

her option register and report under this chapter;

c

c

RCW (10/30/0 10:15) [ 30
(5) Persons who restrict their lobbying activities to no more

than four days or parts thereof during any three-month period and

whose total expenditures during such three-month period for or on

behalf of anyone or more members of the legislature or state

elected officials or public officers or employees of the state of

Washington in connection with such lobbying do not exceed twentyfive dollars: PROVIDED, That the commission shall' promulgate

regulations to require disclosure by persons exempt under this

subsection or their employers or entities which sponsor or

coordinate the lobbying activities of such persons if it determines

that such regulations are necessary to prevent frustration of the

purposes of this chapter. Any person exempt under this subsection

(5) may at his or her option register and report under this

chapter;

(6) The governor;

(7) The lieutenant governor;

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

legislature;

(9) Except as prqvided by RCW 42.17.190(1), persons employed

by the legislature for the purpose of aiding in the preparation or

enactment of legislation or the performance of legislative duties;

(10) Elected officials, and officers and employees of any

agency reporting under RCW 42.17.190(5). [1998 c 55 § 3; 1995 c

397 § 32; 1982 c 147 § 12; 1977 ex.s. c 313 § 4; 1975 1st ex.s. c

294 § 9; 1973 c 1 § 16 (Initiative Measure No. 276, approved

November 7, 1972).J

•

•

NOTES:

Effective date--Severability--1977 ex.s. c 313:

following RCW 42.17.020.

See notes

•

RCW 42.17.170 Reporting by lobbyists. (1) Any lobbyist

registered under RCW 42.17.150 and any person who lobbies shall

file with the commission periodic reports of his or her activities

signed by the lobbyist. The reports shall be made in the form and

manner prescribed by the commission. They shall be due monthly and

shall be filed within fifteen days after the last day of the

calendar month covered by the report.

(2) Each such monthly periodic report shall contain:

(a) The totals of all expenditures for lobbying activities

made or incurred by such lobbyist or on behalf of such lobbyist by

the lobbyist's employer during the period covered by the report.

'Such totals for lobbying activities shall be segregated according

to financial category, including compensation; food and

refreshments; living accommodations; advertising; travel·;

contributions; and other expenses or services. Each individual

expenditure of more than twenty- five dollars for entertainment

shall be identified by date, place, amount, and the names of all

persons in the group partaking in or of such entertainment

including any portion thereof attributable to the lobbyist's

participation therein, and .shall include amounts actually expended

on each person where calculable, or allocating any portion of the

expenditure to individual participants.

Notwithstanding the foregoing, lobbyists are not required to

report th~ following:

RCW (10/30/0 10:15) [31 J
(i) Unreimbursed personal living and travel expenses not

incurred directly for lobbying;

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

accommodations;

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

from hearings of the legislature;

(iv) Any expenses incurred for telephone, and any office

expenses, including rent and salaries and wages paid for staff and

secretarial assistance. .

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

employer, the proportionate amount of such expenditures in each

category incurred on behalf of each of his employers.

(c) An itemized listing of each such expenditure, whether

contributed by the lobbyist personally or delivered or transmitted

by the lobbyist, in the nature of a contribution of money or of

tangible or intangible personal property to any candidate, elected

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

committee supporting or opposing any ballot proposition, or for or

on behalf of any candidate, elected official, or officer or

employee of any agency, or any political committee supporting or

opposing any ballot proposition. All contributions made to, or for

the benefit of, any candidate, elected official, or officer or

employee of any agency, or any political committee supporting or

opposing any ballot proposition shall be identified by date,

amount, and the name of the candidate, elected official, or officer

or employee of any agency, or any political committee supporting or

opposing any ballot proposition receiving, or to be benefited by

each such contribution.

(d) The subject matter of proposed legislation or other

legislative activity or rule-making under chapter 34.05 RCW, the

state Administrative Procedure Act, and the state agency

considering the same: which the lobbyist has been engaged in

supporting or opposing during the reporting period, unless exempt

under RCW 42.17.160(2).

(e) Such other information relevant to lobbying activities as

the commission shall by rule prescribe. Information supporting

such activities as are required to be reported is subject to audit

by the commission.

(f) A listing of each paYment for an item specified in RCW

42.52.150(5) in excess of fifty dollars and each item specified in

RCW 42.52.010(9) (d) and (f) made to a state elected official,

state officer, or state employee. Each item shall be identified by

recipient, date, and approximate value of the item.

(g) The total expenditures made during the reporting period by

the lobbyist for lobbying purposes, whether through or on behalf of

a lobbyist or otherwise. As used in this subsection,

"expenditures" includes amounts paid or incurred during the

reporting period for (i) political advertising as defined in RCW

42.17.020; and (ii) public relations, telemarketing, polling, or

similar activities if such activities, directly or indirectly, are

intended, designed, or calculated to influence legislation or the

adoption or rejection of a rule, standard, or rate by an agency

under the administrative procedure act. The report shall specify

the amount, the person to whom the amount was paid, and a brief

description of the activity ..

(3) If a state elected official or a member of such an

official's immediate family is identified by a lobbyist in such a

report as having received from the lobbyist an item specified in

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RCW (10/30/0 10:15) [ 32 ]
•

RCW 42.52.150(5) or 42.52.010(9) (d) or (f), the lobbyist shall

transmit· to the official a copy of the completed form used to

identify the item in the report at the same time the report is

filed with the commission .

(4) The commission may adopt rules to vary the content of

lobbyist reports to address specific circumstances, consistent with

this section. [1995 c 397 § 33; 1991 sp.s. c 18 § 2; 1990 c 139 §

3; .1989 c 175 § 90; 1987 c 423 § 1; 1985 c 367 § 9; 1982 c 147 §

13; 1977 ex.s. c 313 § 5; 1975 1st ex.s. c 294 § 10; 1973 c 1 § 17

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

NOTES:

Effective date--1995 c 397 § 33: "Section 33 of this act

takes effect September 1, 1995." [1995 c 397 § 36.]

Legislative intent- -1990 c 139:

42.17.020.

See note following RCW

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

Effective date--Severabi1ity--1977 ex.s. c 313:

following RCW 42.17.020.

See notes

••

•

RCW 42.17.172 Notification to person named in report. When

a listing or a report of contributions is made to the commission

under RCW 42.17.170(2) (c), a copy of the listing or report must be

given to the candidate, elected official, professional staff member

of the legislature, or officer or employee of an agency, or a

political committee supporting or opposing a ballot proposition

named in the listing or report. [1993 c 2 § 32 (Initiative Measure

No. 134, approved November 3, 1992).]

RCW 42.17.175 Special repo~ts--Late contributions or totals

over five hundred dollars. Any lobbyist registered under RCW

42.17.150, any person who lobbies, and any lobbyist I s employer

making a contribution or an aggregate of contributions to a single

entity that exceeds five hundred dollars during a special reporting

period before a primary or general election, as such period is

specified in RCW 42.17.105 (1) I shall file one or more special

reports for the contribution or aggregate of contributions and for

subsequent contributions made during that period under the same

circumstances and to the same extent that a contributing political

committee must file such a report or reports under RCW42.17.105.

Such a special report shall be filed in the same manner provided

under RCW 42.17.105 for a special report of a contributing

political committee. [1991 c 157 § 2; 1985 c 359 § 2.]

RCW 42.17.180 Reports by employers of registered lobbyists,

other persons. (1) Every employer of a lobbyist registered under

this chapter during the preceding calendar year and every person

other than an individual that made contributions aggregating to

more than *ten thousand dollars or independent expenditures

aggregating to more than *five hundred dollars during the preceding

calendar year shall file with the commission on or before the last

RCW (10/30/0 10:15) [ 33 ]
day of February of each year a statement disclosing for the

preceding calendar year the following information:

(a) The name of each state elected official and the name of

each candidate for state office who was elected to the office and

any member of the immediate family of those persons to whom the

person reporting has paid any compensation in the amount of five

hundred dollars or more during the preceding calendar year for

personal employment or professional services, including

professional services rendered by a corporation, partnership, joint

venture, association, union, or other entity in which the person

holds any office, directorship, or any general partnership

interest, or an ownership interest of ten percent or more, the

value of the compensation in accordance with the reporting

provisions set out in RCW 42.17.241(2), and the consideration given

or performed in exchange for the compensation.

(b) The name of each state elected official, successful

candidate for state office, or members of his immediate family to

whom the person reporting made expenditures, directly or

indirectly, either through a lobbyist or otherwise, the amount of

the expenditures and the purpose for the expenditures. For the

purposes of this subsection, the term expenditure shall not include

any expenditure made by the employer in the ordinary course of

business if the expenditure is not made for the purpose of

influencing, honoring, or benefiting the elected official,

successful candidate, or member of his immediate family, as an

elected official or candidate.

(c) The total expenditures made by the person reporting for

lobbying purposes, whether through or on behalf of a registered

lobbyist or otherwise.

(d) All contributions made to a political committee supporting

or opposing a candidate for state office, or to a 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.

(e) The name and address of each registered lobbyist employed

by the person reporting and the total expenditures made by such

person for each such lobbyist for lobbying purposes.

(f) The names, offices sought, and party affiliations of

candidates for state offices supported or opposed~by independent

expenditures of the person reporting and the amount of each such

.expenditure.

(g) The identifying proposition number and a brief description

of any state-wlde ballot proposition supported .or opposed by

expenditures not reported under (d) of this subsection and the

amount of each such expenditure.

(h) Such other information as the commission prescribes by

rule.

(2) (a) Except as provided in (b) of this subsection, an

employer of a lobbyist registered under this chapter shall file a

special report with the commission if the employer makes a

contribution or contributions aggregating more than one hundred

dollars in a caLeridar : month to anyone of the following: A

candidate, elected official, officer or employee of an agency, or

political committee. The report shall identify the date and amount

of each such contribution and the name of the candidate, elected

·official, agency officer or employee, or political committee

receiving the contribution or to be benefited by the contribution.

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RCW (10/30/0 10:15) [ 34 ]
•

The report shall be filed on a form prescribed by the commission

and shall be filed within fifteen days after the last day of the

calendar month during which the contribution was made.

(b) The provisions of (a) of this subsection do not apply to

a contribution which is made through a registered lobbyist and

reportable under RCW 42.17.170. [1993 c 2 § 27 (Initiative Measure

No. 134, approved November 3, 1992); 1990 c 139 § 4; 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).J

NOTES:

*Reviser's note: The dollar amounts in this section have been

adjusted for inflation by rule of the commission adopted under the

authority of RCW 42.17.370 or 42.17.690. For current dollar

amounts, see Title 390 of the Washington Administrative Code (WAC).

Legislative intent--1990 c 139:

42.17.020.

See note following RCW

•

•

RCW 42.17.190 Legislative activities of state agencies, other

units of government, elective officials, employees. (1) The house

of representatives and the senate shall report annually: The total

budget; the portion of the total attributed to staff; and the

number of full-time and part-time staff positions by assignment,

with dollar figures as well as number of positions.

(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 by law, may

expend public funds for lobbying, but such lobbying activity shall

be limited to (a) providing information or communicating on matters

pertaining t6 official agency busines~ to any elected official or

officer or employee of any agency or (b) advocating the official

position or interests of the agency to any elected official or

officer or employee of any agency: PROVIDED, That public funds may

not be expended as a direct or indirect gift or campaign

contribution to any elected official or officer or employee of any

agency. For the purposes of this subsection, the term "gift" means

a voluntary transfer of any thing of value without consideration of .

equal or greater value, but does not include informational material

transferred for the sole purpose of informing the recipient about

matters pertaining to official agency business. 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

RCW (10/30/0 10:15) [ 35 J
support or oppose an initiative to the legislature. "Facilities of

a public office or agency" has the same meaning as in RCW 4~.17.130

and 42.52.180. The provisions of this subsection shall not apply

to the following activities:

(a) 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 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 appro~imately 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;

(d) Activities conducted regarding an initiative to the

legislature that would be permitted under RCW 42.17.130 and

42.52.180 if conducted regarding other ballot measures.

(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, consultant or other

special contractual services, and brochures 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 three-month 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

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RCW (10/30/0 10:15) [ 36 ]
•

•

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 elec~ed 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 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. [1995

c 397 § 7; 1986 c 239 § 1; 1979 ex.s. c 265 § 1; 1977 ex.s. c 313

§ 6; 1975 1st ex.s. c 294 § 12; 197j 1 § 19 (Initiative Measure

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

NOTES:

Effective date--Severability--1977 ex.s. c 313:

following RCW 42.17.020.

See notes

•

RCW 42.17.200 Grass roots lobbying campaigns. _ (1) Any person

who has made expenditures, not reported by a registered lobbyist

under RCW 42.17.170 or by a candidate or political committee under

RCW 42.17.065 or 42.17.080, 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

RCW (10/30/0 10:15) 37
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 filing with

the commission a registration statement, in such detail as the

commission shall prescribe, showing:

(a) The sponsor's name, address, and business or occupation,

and, if the sponsor is not an individual, the names, addresses, and

titles of the controlling persons responsible for managing the

sponsor's affairs;

(b) The names, addresses, and business or occupation of all

persons organizing and managing the campaign, or hired to assist

the campaign, including any public relations or advertising firms

participating in the campaign, and the terms of compensation for

all such persons;

(c) The names and addresses of 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.

(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 I 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 expend~tures

made on behalf of the campaign, in the same manner as provided for

in the registration statement. [1990 c 139 § 5; 1985 c 367 § 10;

1973 c 1 § 20 (Initiative Measure No. 276, approved November 7,

1972) .]

NOTES:

*Reviser's note: The dollar amounts in this section have been

adjusted for inflation by rule of the commission adopted under the

authority of RCW 42.17.370. For current dollar amounts, see

chapter 390-20 of the Washington Administrative Code (WAC) .

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Legislative intent- -1990 c 139:

42.17.020.

See note following RCW

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RCW (10/30/0 10:15) [ 38 ]
•

•

•

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 person 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).J

RCW 42.17.220 Employment of unregistered persons. It shall

be a violation of this chapter for any person to employ for payor

any consideration, or payor agree to pay any consideration to, a

person to lobby who is not registered under this chapter except

upon condition that such person register as a lobbyist as provided

by this chapter, and such person does in fact so register as soon

as practicable. [1973 c 1 § 22 (Initiative Measure No. 276,

approved November 7, 1972).J

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 necessary to

substantiate the financial reports required to be made under this

chapter for a period of at least five years from the date of the

filing of the statement containing such items, which accounts,

bills, receipts, books, papers, and documents_ shall be made

available for inspection by the commission at any time: PROVIDED,

That if a lobbyist is required under the terms of his 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 any bill or

amendment thereto for the purpose of thereafter being employed to

secure its defeat;

(d) Knowingly represent an interest ·adverse to any of his

employers without first obtaining such employer's written consent

thereto after full disclosure to such employer of such adverse

interest;

RCW (10/30/0 10:15) [ 39 J
(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;

(f) Enter into any agreement, arrangement, or understanding C

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 c 201 § 2; 1982 c 147 § 14; 1973 c 1

§ 23 (Initiative Measure No. 276, approved November 7, 1972).J

REPORTING OF PUBLIC OFFICIALS' FINANCIAL AFFAIRS

RCW 42.17.240 Elected and appointed officials, candidates,

and appointees--Reports of financial affairs and gifts. (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 wi thin 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

(4)

for

A statement

the preceding

of a candidate

twelve months.

or appointee filed during the

Ci.

period from January 1st to April 15th shall cover the period from

January 1st of the preceding calendar year to the time of candidacy

or appointment if the filing of 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 accuracy.

(7) Every elected official and every executive state officer

shall file with their statement of financial affairs a statement

certifying that they have read and are familiar with RCW 42.17.130

or 42.52.180, whichever is applicable.

(8) For the purposes of t.his section, the term "executive

state officer" includes those listed in RCW 42.17.2401.

(9). This. section does not apply to incumbents or candidates

for a federal office or the office of precinct committee officer.

[1995 c 397 § 8; 1993 c 2 § 31 " (Initiative Measure No. 134,

approved November 3, 1992); 1989 c 158 § 1; 1987 c 295 § 19.

Prior: 1984 c 125 § 14; 1984 c 34 § 1; 1983 c 161 § 27; 1982 c 10

§ 9; prior: 1981 c 311 § 20; 1981 c 67 § 15; 1979"ex:s. c 265 § 3;

1979 c 151 § 73; prior: 1975-'76 2nd ex.s. c 112 § 7; 1975-'76 2nd

ex.s. c 104 § 1 (Ref. Bill No. 36); 1975 1st ex.s. c 294 §13; 1973

c 1 § 24 (Initiative Measure No. 276, approved November 7, 1972).J

.:

RCW (10/30/0 10:15) [ 40 J
•

•

•

NOTES:

Severabi1ity--Headings--Effective date--1984 c 125: See RCW

43.63A.901 through 43.63A.903.

Severabi1ity--Effective dates--1983 c 161: See RCW 43.180.903

and 43.180.904.

Severabi1ity--1982 c 10: See note following RCW 6.13.080.

Severabi1ity--1981 c 311: See RCW 41.64.910.

Effective dates--Severabi1ity--1981 c 67: See notes following

RCW 34.12.010.

cemetery district commissioners exempt from chapter: RCW

68.52.140, 68.52.220.

RCW 42.17.2401 ,"Executive state officer" defined. For the

purposes of RCW 42.17.240, the term "executive state officer"

includes:

(1) The chief administrative law judge, the director of

agriculture, the administrator of the *office of marine safety, the

administrator of the Washington basic health plan, the director of

the department of services for the blind, the director of the state

system of community and technical colleges, the director of

community, trade, and economic development, the secretary of

corrections, the director of ecology, the commissioner of

employment security, the chairman of the energy facility site

evaluation council, the secretary of the state finance committee,

the director of financial management, the director of fish and

wildlife, the executive secretary of the forest practices appeals

board, the director of the gambling commission, the director of

general administration, the secretary of health, the administrator

of the Washington state health care authority, the executive

secretary of the health care facilities authority, the executive

secretary of the higher education facilities authority, the

executive secretary of the horse racing commission, the executive

secretary of the human rights commission,. the exe_cutive secretary

of the indeterminate sentence review board, the director of the

department of information services, the director of the interagency

committee lor 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, the

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 Doard

of tax appeals, the secretary of transportation, the secretary of

the utilities and transportation commission, the director of

veterans affairs, the presideni 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;

RCW (10/30/0 10:15) [ 41 ]
(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 and technical colleges, state convention and trade

center board of directors, committee for deferred compensation, C.

Eastern Washington University board of trustees, Washington

economic development finance authority, The Evergreen State College

board of trustees, executive ethics board, forest practices appeals

board, forest practices board, gambling commission, Washington

health care facilities authority, each member of the Washington

health services commission, higher education coordinating board,

higher education facilities authority, horse racing 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, commission on judicial

conduct, legislative ethics board, liquor control board, lottery

commission, marine oversight board, Pacific Northwest electric

power and conservation planning council, parks and recreation

commission, personnel appeals board, board of pilotage

commissioners, pollution control hearings board, public disclosure

commission, public pension commission, shorelines hearing board,

public employees' benefits board, board of tax appeals,

transportation commission, University of Washington board. of

regents, utilities and transportation commission, Washington state

maritime commission, Washington personnel resources board,

Washington public power supply system executive board, Washington

State University board of regents, Western Washington University

board of trustees, and fish and wildlife commission. [1996 c 186

s 504. Prior: 1995 c 399 s 60; 1995 c 397 s 10; prior: 1993

sp.s. c 2 § 18i 1993 c 492 § 488; 1993 c 281 § 43; 1991 c 200 § 0

404; 1991 c 3 § 293; prior: 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.]

NOTES:

*Reviser's note: The office of marine safety was transferred

to the department of ecology and renamed the integrated oil spill

prevention and response program by 1995 2nd sp. s. c 14 § 515,

effective January I, 1996, until June 30, 1997.

Findings--Intent--Part headings not law--Effective date--1996

c 186: See notes following RCW 43.330.904.

Effective date--1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See

RCW 43.300.900.

Severability--1993 sp.s. c 2: See RCW 43.300.901.

Findings--Intent--1993 c 492:

43.20.050.

See notes following RCW

Short title--Severability--Savings--Captions not law--

Reservation of legislative power--Effective dates--1993 c 492: See

RCW 43.72.910 through 43.72.915.

Effective date--1993 c 281: See note following RCW 41.06.022.

RCW (10/30/0 10:15) [ 42 ]
Effective dates--Severability--1991 c 200: See RCW 90.56.901

and 90.56.904.

• Effective date--Severability--1989 1st ex.s. c 9:

43.70.910 and 43.70.920. .

Severability--1989 c 279: See RCW 43.163.901.

See RCW

(1) The statement of

shall disclose for the

his or her immediate

•

•

Alphabetization--1989 c 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. ] The names of the agencies in the above section have been

arranged according to the first distinctive word of each agency's

name.

Severability--Effective date--1987 c 504: See RCW 43.105.901

and 43.105.902.

RCW 42.17.241 Contents of report.

financial affairs required by RCW 42.17.240

reporting individual and each member of

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 "ret_ail 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

RCW (10/30/0 10:i5) [ 43 ]
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 office,

directorship, or partnership; the nature of ownership interest; and

with respect to each such entity: (i) With respect to a

governmental unit in which the official 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 (1) (g) (ii) does

not include paYment for water and other utility services at rates

approved by the Washington state u t i.Li.t Le s 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 or candidate or professional staff

member, or all interest 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 the 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 listed,

c

o

C)

RCW (10/30/0 10:15)· [ 44 ]
•

•

•

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) A list of each occasion, specifying date, donor, and

amount, at which food and beverage in excess of *fifty dollars was

accepted under RCW 42.52.150(5); [and]

(rn) A list of each occasion, specifying date, donor, and

amount, at which items specified in **RCW 42.52.010(9) (d) and (f)

were accepted; [and]

(n) 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) (a) through (m) 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.

(3) Items of value given to an official's or employee's spouse

or family. member are attributable to the official or employee,

except the item is not attributable if an independent business,

family, or social relationship exists between the donor and the

spouse or f ami Ly member. [1995 c 397 § 9; 1984 c 34 § 3; 1979

ex.s. c 126 § 42.]

NOTES:

Reviser's note: *(1) The dollar amounts in ~his section have

been adjusted for inflation by rule of the commission adopted under

the authority of RCW 42.17.370. For current dollar amounts, see

chapter 390-24 of the Washington Administrative Code (WAC).

**(2) RCW 42.52.010 was amended by 1996 c 213 § I, changing

subsection (9) to subsection (10).

Purpose--1979 ex.s. c 126: 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 of the paYment or in any other manner so as

to effect concealment except that the commission may issue

categorical and specific exemptions to the reporting of the actual

RCW (10/30/0 10:15) [ 45 ]
source when there is an undisclosed principal for recognized

legitimate business purposes. [1977 ex.s. c 336 § 4.]

NOTES:

Severability--1977 ex.s. c 336:

42.17.040.

See note following RCW c

RCW 42.17.243 Public office fund--What constitutes,

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

NOTES:

Reviser's note: RCW 42.17.243 was amended by 1991 sp.s. c 18

§ 4 without reference to its repeal by 1993 c 2 § 35 (Initiative

Measure No. 134). It has been decodified for publication purposes

pursuant to RCW 1.12.025.

REPORTING BY PUBLIC TREASURERS

RCW 42.17.245 Public accounts of governmental entities held

by financial institutions--Statements and reports--Contents--

Filing. After January 1st and before April 15th of each calendar

year, the state treasurer, each county, public utility district,

and port district treasurer, and each treasurer of an incorporated

city or town whose population exceeds one thousand shall file with

the commission:

(1) A statement under oath that no public funds under that

treasurer's control were invested in any institution where the

treasurer or, in the case of a county, a member of the county

finance committee, held during the reporting period an office,

directorship, partnership interest, or ownership interest; or

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

The name and address of each financial institution in which the

treasurer or, in the case of a county, a member of the county

finance committee, held during the reporting period an office,

directorship, partnership interest, or ownership interest which

holds or has held during the reporting period public accounts of

the governmental entity for which the treasurer is responsible; (b)

the aggregate sum of time and demand deposits held in each such

financial institution on December 31; and (c) the highest balance

held at any time during such reporting period: PROVIDED, That the

state treasurer shall disclose the highest balance information only

upon request under RCW 42.17.250 through 42.17.330. The statement

or report required by this section shall be filed either with the

statement required under RCW 42.17.240 or separately. [1983 c 213

§ 1; 1981 c 102 § 1; 1975-'76 2nd ex.s. c 112 § 10.]

PUBLIC RECORDS

o·

o

RCW (10/30/0 10:15) 46
applicability adopted as

of general policy or

formulated and adopted by

•

•

RCW 42.17.250 Duty to publish procedures. (1) Each state

agency shall separately state and currently publish in the

Washington Administrative Code and each local agency shall

prominently display and make available for inspection and copying

at the central office of such local agency, for guidance of the

public:

(a) Descriptions of its central and field organization and the

established places at which, the employees from whom, and the

methods whereby, the public may obtain information, make submittals

or requests, or obtain copies of agency decisions;

(b) Statements of the general course and method by which its

operations are channeled and determined, including the nature and

requirements of all formal and informal procedures available;

(c) Rules of procedure;

(d) Substantive rules of general

authorized by law, and statements

interpretations of general applicability

the agency; and

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

foregoing.

(2) Except to the extent that he has actual and timely notice

of the terms thereof, a person may not in any manner be required to

resort to, or be adversely affected bYr a matter requiied to be

published or displayed and not so published or displayed. [1973 c

1 § 25 (Initiative Measure No. 276, approved November 7, 1972).]

RCW 42.17.251 Construction. The people of this state do not

yield their sovereignty to the agencies that serve them. The

people, in delegating authority, do not give their public servants

the right to decide what is good for the people to know and what is

not good for them to know. The people insist on remaining informed

so that they may maintain control over the instruments that they

have created. The public records subdivision of this chapter shall

be liberally construed and its exemptions narrowly construed to

promote this public policy. [1992 c 139 § 2.]

RCW 42.17.255 Invasion of privacy, when~ A person's "right

to privacy," "right of privacy," "privacy," or "personal privacy,"

as these terms are used in this chapter, is invaded or violated

only if disclosure of information about the person: (1) Would be

highly offensive to a reasonable person, and (2) is not of

legitimate coricerri' to the public. The provisions of this chapter

dealing with the right to privacy in certain public records do not

create any right of privacy beyond those rights that are specified

in this chapter as express exemptions from the public's right to

inspect, examine, or copy public records. [1987 c 403 § 2.]

NOTES:

Iritent--1987 c 403: "The legislature intends to restore the

law relating to the release of public records largely to that which

existed prior to the Washington Supreme Court decision in "In Re

Rosier," 105 Wn.2d 606 (1986). The intent of this legislation is

to make clear that: (1) Absent statutory provisions to the

contrary, agencies possessing records should in responding to

requests. for disclosure not make any distinctions in releasing or

RCW (10/30/0 10:15) [ 47 ]
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 C

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)." [1987 c 403 s 1.]

Severability--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.]

RCW 42.17.258 Disclaimer of public liability. No public

agency, public official, public employee, or custodian shall be

liable, nor shall a cause of action exist, for any loss or damage

based upon the release of a public record if the public agency,

public official, public employee, or custodian acted in good faith

in attempting to comply with the provisions of this chapter. [1992

c 139 s 11.]

RCW 42.17.260 Documents and indexes to be made public. (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 (6) of this section, RCW 42.17.310, 42.17.315, or other

statute

information"

which

or records.

exempts or

To

prohibits

the extent

disclosure

required to

of

prevent

specific

an

C.

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 wi~h 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) For informational purposes, each agency shall publish and

maintain a current list containing every law, other than those

listed in this chapter, that the agency believes exempts or

prohibits' disclosure of specific information or- records of the

agency. An agency's failure to list an exemption shall not affect

the efficacy of any exemption.

(3) 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 1, 1973:

(a) Final opinions, including concurring and dissenting

opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy,

statute, and the Constitution which have been adopted by the

agency;

(c) Administrative staff manuals and instructions to staff

that affect a member of the public;

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

planning decisions; L~\

(e) Factual staff reports and studies, factual consultant1s )

reports and studies, scientific reports and studies, and any other

RCW (10/30/0 10:15) [ 48 ]
•

•

•

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.

(4) 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.

(5) 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 1, 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 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, 1990, 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 34.05.010 that

were entered after June 30, 1990; and

(e) Policy statements as defined in RCW 34.05.010 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 1, 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. St-ate 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.

(6) 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.

(7) Each agency shall establish, maintain, and make available

for public inspection and copying a statement of the actual per

page cost or other costs, if any, that it charges for providing

photocopies of public records and a statement of the factors and

RCW (10/30/0 10:15) [ 49 ]
manner used to determine the actual per page cost or other costs,

if any.

(a) In determining the actual per page cost for providing

photocopies of public records, an agency may include all costs

directly incident to copying such public records including the C

actual cost of the paper and the per page cost for use of agency _/

copying equipment. In determining other actual costs for providing

photocopies of public records, an agency may include all costs

directly incident to shipping such public records, including the

cost of postage or delivery charges and the cost of any container

or envelope used.

(b) In determining the actual per page cost or other costs for

providing copies of public records, an agency may not include staff

salaries, benefits, or other general administrative or overhead

charges, unless those costs are directly related to the actual cost

of copying the public records. Staff time to copy and mail the

requested public records may be included in an agency's costs.

(8) An agency need not calculate the actual per page cost or

other costs it charges for providing photocopies of public records

if to do so would be unduly burdensome, but in that event: The

agency may not charge in excess of fifteen cents per page for

photocopies of public records or for the use of agency equipment to

photocopy public records and the actual postage or delivery charge

and the cost of any container or envelope used to mail the public

records to the requestor.

(9) This chapter shall not be construed as giving authority to

any agency, the office of the secretary of the senate, or the

office of the chief clerk of the house of representatives to give,

sell or provide access to lists of individuals requested for

commercial

the senate,

purposes,

and the

and

office

agencies,

of the

the

chief

office

clerk

of

of

the

the

secretary

house

of

of

C.!

representatives 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 t.o 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. [1997 c 409 § 601.

Prior: 1995 c 397 § 11; 1995 c 341 § 1; 1992 c 139 § 3; 1989 c 175

§ 36; 1987 c 403 § 3; 1975 1st ex.s. c 294 § 14; 1973 c 1 § 26

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

NOTES:

Part headings--Severabiliby--1997 c 409: See notes following

RCW 43.22.051.

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

Intent--Severability--1987 c 403: See notes following RCW

42.17.255.

Exemption for registered trade names: RCW 19.80.065.

C\

)

RCW (10/30/0 10:15) [ 50 J
•

RCW 42.17.270 Facilities for copying--Availabi1ity 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 403 § 4; 1975 1st ex.s. c 294 § 15; 1973 c 1 § 27

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

NOTES:

*Reviser's note: RCW 42.17.260 was amended by 1989 c 175 §

36, changing subsection (5) to subsection (6). RCW 42.17.260 was

subsequently amended by 1992 c 139 § 3, changing subsection (6) to

subsection (7). RCW 42.17.260 was subsequently amended by 1995 c

341 § 1, changing subsection (7) to subsection (9).

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, the office of the secretary

of the senate, and the office of the chief clerk of the house of

representatives: PROVIDED, That if the entity 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, the office of the secretary of the senate,.

or the office of the chief clerk of the house of representatives or

its representative agree on a different time. [1995 c 3~7 § 12;

1973 c 1 § 28 (Initiative Measure No. 276, approved November 7,

1972).]

•

Intent--Severability--1987 c 403:

42.17.255.

See notes following RCW

•

RCW 42.17.290 Protection of public records--Public access.

Agencies shall adopt and enforce reasonable rules and regulations,

and the office of the secretary of the senate and the office of the

chief clerk of the house of representatives shall adopt reasonable

procedures allowing for the time, resource, and personnel

constraints associated with legislative sessions, 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, the office of the secretary of the senate,

or the office of the chief clerk of the house of representatives;

Such rules and regulations shall provide for the fullest assistance

to inquirers and the most timely possible action on requests for

RCW (10/30/0 10:15) [ 51 ]
information. Nothing in this section shall relieve agencies, the

office of the secretary of the senate, and the office of the chief

clerk of the house of representatives from honoring requests

received by mail for copies of identifiable public records.

If a public record request is made at a time when such record C

exists but is scheduled for destruction in the near future, the ~/

agency, the office of the secretary of the senate, or the office of

the chief clerk of the house of representatives shall retain

possession of the record, and may not destroy or erase the record

until the request is resolved. [1995 c 397 § 13; 1992 c 139 § 4;

1975 1st ex.s. c 294 § 16; 1973 c 1 § 29 {Initiative Measure No.

276, approved November 7, 1972 r.]

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.]

NOTES:

Severability--1982 c 208: See RCW 42.40.900.

RCW 42.17.300 Charges for copying. No fee shall be charged

for the inspection of public records. No fee shall be charged for

locating public documents and making them available for copying.

A reasonable charge may be imposed for providing copies of public

records and for the use by any person of agency equipment or 0 eqfuf~pmenft 0hf thh~ fOfflicek off thhe hsecretafry of the se?-ate or the ' ../

o lce 0 t e c le c er 0 t e ouse 0 representatlves to copy .

public re~ords, which charges shall not exceed the amount necessary

to reimburse the agency, the office of the secretary of the senate,

or the office of the chief clerk 'of the house of representatives

for its actual costs directly incident to such copying. Agency

charges for photocopies shall be imposed in accordance with the

actual per page cost or other costs established and published by

the agency. In no event mayan agency charge a per page cost

greater than the actual per page cost as established and published

by the agency. To the extent the agency has not determined the

actual per page cost for photocopies of public records, the agency

may not charge in excess of fifteen cents per page. [1995 c 397 §

14; 1995 c 341 § 2; 1973 c 1 s 30 (Initiative Measure No. 276,

approved November 7, 1972).]

NOTES:

Reviser's note: This section was amended by 1995 c 341 § 2

and by 1995 c 397 § 14, each without reference to the other. Both

amendments' are incorporated in the publication of this section

under RCW 1.12.025(2). For rule of construction, see RCW

1.12.025(1) .

RCW 42.17.305 Other provisions not superseded. The

provisions of RCW 42.17.260 (7) and (8) and· 42.17.300 that

establish or allow agencies to establish the costs charged for

RCW (10/30/0 10:15) [ 52 ]
•

•

•

photocopies of public records do not supersede other statutory

provisions, other than in this chapter, authorizing or governing

fees for copying public records. [1995 c 341 § 3.]

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 public 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 84.08.210, 82.32.330, 84.40.020, or 84.40.340 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.

(e) Information revealing the identity of persons who are

witnesses to or victims of crime or 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 a

complaint is filed the complainant, victim or witness 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.

(f) Test questions, scoring keys, and other examination data

used to administer a license, employment, or academic examination.

(g) Except as provided by chapter 8.26 RCW, the contents of

real estate appraisals, made for or by any agency relative to the

acquisition or sale of property, until the project or prospective

sale is abandoned or until such time as all of the property has

been acquired or the property to which the sale appraisal relates

is sold, but in no event shall disclosure be denied for more than

three years after the appraisal.

(h) Valuable-formulae, designs, drawings, computer source code

or object code, 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 intraagency 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.

(j) 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.

RCW (10/30/0 10:15) [ 53 ]
telephone

which are

volunteer

the primary purpose of which is to

materials, or to gain access to

or could be used to _disclose the

(k ) Records, maps, or other information identifying the

location of archaeological sites in order to avoid the looting or

depredation of such sites.

(1) Any library record,

maintain control of library

information, which discloses

identity of a library user.

(rn ) 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 (i) a ferry system construction or

repair contract as required by RCW 47.60.680 through 47.60.750 or

(ii) highway construction or improvement as required by RCW

47.28.070.

(n) Railroad company contracts filed prior to July 28, 1991,

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, and by persons

pertaining to export projects pursuant to RCW 43.23.035.

(p) Financial disclosures filed by private vocational schools

under chapters 28B.8S and 28C.I0 RCW.

(q) Records filed with the utilities and transportation

commission or attorney general under RCW 80.04.095 that a court has

determined are confidential under RCW 80.04.095.

(r) Financial and commercial information and records supplied

by businesses or individuals during application for loans or

program services provided by chapters 43.163, 43.160, 43.330, and

43.168RCW, or during application for economic development loans or

program services provided by any local agency.

(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

numbers of employees or volunteers of a_public agency

held by the agency in personnel records, emploYment or

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 a re

customers, except that this information may be released to the

division of child support or the agency or firm providing child

support enforcement for .anot.her state under Title IV-D of the

federal social security act, for the establishment, enforcement, or

modification of a support order.

(w) (i) The federal social security number of individuals

governed under chapter 18.130 RCW maintained in the files of the

department of health, except this exemption does - not apply to

requests made -directly to-the department from federal, state, and

local agencies of government, and national and state licensing,

c

o

RCW (10/30/0 10:15) [ 54 ]
•

•

•

credentialing, investigatory, disciplinary, and examination

organizations; (ii) the current residential address and current

residential telephone number of a health care provider governed

under chapter 18.130 RCW maintained in the files of the department,

if the provider requests that this information be withheld from

public inspection and copying, and provides to the department an

accurate alternate or business address and business telephone

number. On or after January I, 1995, the current residential

address and residential telephone number of a health care provider

governed under RCW 18.130.040 maintained in the files of the

department shall automatically be withheld from public inspection

and copying unless the provider specifically requests the

information be released, and except as provided for under RCW

42.17.260(9) .

(x) Information obtained by the board of pharmacy as provided

in RCW 69.45.090.

(y) Information obtained by the board of pharmacy or the

department of health and its representatives as provided in RCW

69.41.044, 69.41.280, and 18.64.420.

(z) 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.

(a a ) 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.

(bb) Financial and valuable trade information under RCW

51.36.120.

(cc) Client records maintained by an agency that is a domestic

violence program as defined in RCW 70.123.020 or 70.123.075 or a

rape crisis center as defined in RCW 70.125.030.

(dd) Information that identifies a person who, while an agency

employee: (i) Seeks advice, under an informal process established

by the employing agency, in order to ascertain his or her rights in

connection with a possible unfair practice under chapter 49.60 RCW

against the person; and (ii) requests his or her identity or any

identifying information not be disclosed.

(ee) Investigative records compiled by an employing agency

conducting a current investigation of a possible unfair practice

under chapter 49.60 RCW or of a possible' violation of other

federal, state, or local laws prohibiting discrimination in

emploYment.

(ff) Business related information protected from public

inspection and copying under RCW 15.86.110.

(gg) Financial, commercial, operations, and technical and

research information and data submitted to or obtained by the clean

Washington center in applications for, or delivery of, program

~ervices under chapter 70.95H RCW.

(hh) Information and documents created specifically for, and

collected and maintained by a quality improvement committee

pursuant to RCW 43.70.510 or 70.41. 200, or by a peer review

committee under RCW 4.24.250, regardless of which agency is in

possession of the information and documents.

(ii) Personal information in files maintained in a data base

created under RCW 43.07.360.

RCW (10/30/0 10:15) [ 55 ]
(jj) Financial and commercial information requested by the

public stadium authority from any person or organization that

leases or uses the stadium and exhibition center as defined in RCW

36.102.010.

(kk) Names of individuals residing in emergency or

transitional housing that are furnished to the department of

revenue.or a county assessor in order to substantiate a claim for

property tax exemption under RCW 84.36.043.

(11) The names, residential addresses, residential telephone

numbers, and other individually identifiable records held by an

agency in relation to a vanpool, carpool, or other ride-sharing

program or service. However, these records may be disclosed to

other persons who apply for ride-matching services and who need

that information in order to identify potential riders or drivers

with whom to share rides. . (rnrn ) The personally identifying information of current or

former participants or applicants in a paratransit or other transit

service operated for the benefit of persons with disabilities or

elderly persons.

(nn) The personally identifying information of persons who

acquire and use transit passes and other fare payment media

including, but not limited to, stored value smart cards and

magnetic strip cards, except that an agency may disclose this

information to a person, employer, educational institution, or

other entity that is responsible, in whole or in part, for payment

of the cost of acquiring or using a transit pass or other fare

payment media, or to the news media when reporting on public

transportation or public safety. This information may also be

disclosed at the agency's discretion to governmental agencies or

groups concerned with public transportation or public safety.

(00) Proprietary financial and commercial information that the

submitting entity, with review by the department of health,

specifically identifies at the time it is submitted and that is

provided to or obtained by the department of health in connection

with an application for, or the 'supervision of, an antitrust

exemption sought by the submitting entity under RCW 43.72.310. If

a request for such information is received, the submitting entity

must be notified of the request. Within ten business days of

receipt of the notice, the submitting entity shall provide a

written statement of the cont.Lnui nq need for confidentiality, which

shall be provided to the requester. Upon receipt of such notice,

the department of health shall continue to treat information

designated under this section as exempt from disclosure. If the

requester initiates an action to compel disclosure under t h.i s

chapter, the submitting entity must be joined as a party to

demonstrate the continuing need for confidentiality.

(pp) Records maintained by the board of industrial insurance

appeals that are related to appeals of crime victims' compensation

claims filed with the board under RCW 7.68.110. .

(qq) Financial and commercial information supplied by or on

behalf of a person, firm, corporation, or entity under chapter

28B.95 RCW relating to the purchase or sale of tuition units and

contracts for the purchase of multiple tuition units.

(rr) Any records of investigative reports prepared by any

state, county, municipal, or other law enforcement agency

pertaining to sex offenses cont.ai.ned in chapter 9A.44 RCW or

sexually violent offenses as defined in RCW 71.09.020, which have

been transferred to the Washington association of sheriffs and

c

o

RCW (10/30/0 10:15) [ 56 ]
•

•

police chiefs for permanent electronic retention and retrieval

pursuant to RCW 40.14.070(2) (b).

(ss) Credit card numbers, debit card numbers, electronic check

numbers, card expiration dates, or bank or other financial account

numbers supplied to an agency for the purpose of electronic

transfer of funds, . except when disclosure is expressly required by

law.

(tt ) Financial information, including but not limited to

account numbers and values, and other identification numbers

supplied by or on behalf of a person, firm, corporation, limited

liability company, partnership, or other entity related to an

application for a liquor license, gambling license, or lottery

retail license.

(uu) Records maintained by the emploYment security department

and subject to chapter 50.13 RCW if provided to another individual

or organization for operational, research, or evaluation purposes.

(vv) Individually identifiable information received by the

work force training and education coordinating board for research

or evaluation purposes.

(2) Except for information described in subsection (1) (c) (1)

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.

(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. [2000 c 134 § 3; 2000 c 56 § 1; 2000 6 § 5. Prior:

1999 c 326 § 3; 1999 c 290 § 1; 1999 c 215 § 1; 1998 c 69 § 1;

prior: 1997 c 310 § 2; 1997 c 274 § 8; 1997 c 250 § 7; 1997 c 239

§ 4; 1997 c 220 § 120 (Referendum Bill No. 48, approved June 17,

1997); 1997 c 58 § 900; prior: 1996 c 305 § 2; 1996 c 253 § 302;

1996 c 191 § 88; 1996 c 80 § 1; 1995 c 267 § 6; prior: 1994 c 233

§ 2; 1994 c 182 § 1; prior: 1993 c 360 § 2; 1993 c 320 § 9; 1993

c 280 § 35; prior: 1992 c 139 § 5; 1992 c 71 § 12; 1991 c 301 §

13; 1991 c 87 § 13; 1991 c 23 § 10; 1991 c 1 § 1; 1990 2nd ex.s. c

1 § 1103; 1990 c·256 § 1; prior: 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 § 1; 1977 ex.s.c 314 § 13; 1975-'76 2nd ex.s. c 82

§ 5; 1975 1st ex.s. c 294 § 17; 1973 c 1 § 31 (Initiative Measure

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

RCW (10/30/0 10:15) [ 57 J
NOTES:

Reviser's note: *(1) RCW 81.34.070 was repealed by 1991 c 49

§ 1.

(2) This section was amended by 2000 c 6 § 5, 2000 c 56 § 1,

and by 2000 c 134 § 3, each without reference to the other. All

amendments are incorporated in the publication of this .section

under RCW 1.12.025(2). For rule of construction, see RCW

1.12.025(1) .

Findings--Conflict with federal requirements--Severability--

2000 c 134: See notes following RCW'50.13.060.

Effective date--1998 c 69: See note following RCW 28B.95.025.

Effective date--1997 c 274: See note following RCW 41.05.021.

Referendum--Other legislation limited--Legislators' personal

intent not indicated--Reimbursements for election--Voters'

pamphlet, election requirements--1997 c 220: See RCW 36.102.800

through 36.102.803.

c

Part headings notlaw--Severability--1997 c 220:

36.102.900 and 36.102.901.

See RCW

Captions not law--Severability--Effective dates--1995 c 267:

See notes following RCW 43.70.052.

Effective date--1994 c 233:

70.123.075.

See note following RCW

Effective date--1994 c 182: "This act shall take effect July

1, 1994. II [1994 c 182 § 2.]

Effective date--1993 c 360:

18.130.085.

See note following RCW

Effective date--Severability--1993 c 280: See RCW 43.330.902

and 43.330.903.

Finding--1991 c 301: See note following RCW 10.99.020.

Effective date--1991 c 87: See note following RCW 18.64.350.

Effectivedates--1990 2nd ex.s. c 1: See note following RCW

84.52.010. (j

RCW (10/30/0 10:15) [ 58 ]
See note following RCW

•

Severability--1990 2nd ex.s. c 1:

82.14.300.

Effective date--Severability--1989 1st ex.s. c 9:

43.70.910 and 43.70.920.

Severability--1989 c 279: See RCW 43.163.901.

See RCW

•

•

Severability--1989 c 11: See note following RCW 9A.56.220.

Severability--1987 c 411: See RCW 69.45.900.

Severability--Effective date--1986 c 299: See RCW 28C.10.900

and 28C.10.902.

Severability--1986 c 276: See RCW 53.31.901.

Basic health plan records: RCW 70.47.150.

Exemptions from public inspection

accounting records of special inquiry judge: RCW 10.29;090.

bill drafting service of code reviser's office: RCW 1.08.027,

44.68.060.

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.

employer information: RCW 50.13.060.

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

joint legislative service center, information: RCW 44.68.060.

medical quality assurance commission, reports required to be

filed with: RCW 18.71.0195.

organized crime

advisory board files: RCW 10.29.030.

investigative information: RCW 43.43.856.

public transportation information: RCW 47.04.230.

salary and fringe benefit survey information: RCW 41.06.160.

RCW 42.17.311 Duty to disclose or withhold information--

Otherwise provided. Nothing in RCW 42.17.310(1) (t) through (v)

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. [1991 c 23 § 11 i 1990 c 256 § 2 i 1987

c 404 § 3.] .

RCW 42.17.312 Medical records- -Health care information.

Chapter 70.02 RCW applies to public inspection and copying of

health care information of patients. [1991 c 335 § 902.]

NOTES:

Application and construction--Short title--Severability--

Captions not law--1991 c 335: See RCW 70.02.901· through 70.02.904.

RCW (10/30/0 10:15) [ 59 ]
RCW 42.17.313 Application for license or small loan

endorsement under chapter 31.45 RCW--Certain information exempt.

Information in an application for licensing or a small loan

endorsement under chapter 31.45 RCW regarding the personal

residential address, telephone number of the applicant, or C.'

financial statement is exempt from disclosure under this chapter.

[1995 c 18 § 8; 1991 c 355 § 22.]

NOTES:

Effective date,

31.45.900.

implementation--1991 c 355: See RCW

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 the 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 records could determine

or help determine whether the suspicion might be true. Information

obtained in violation of this rule is inadmissible in any criminal

proceeding. [1987 c 403 § 6.]

NOTES:

Intent--Severability--1987 c 403:

42.17.255.

See notes following RCW o

RCW 42.17.315 Certain records obtained by colleges,

universities, libraries, or archives exempt. Notwithstanding the

provisions of RCW 42.17.260 through 42.17.340, as now or hereafter

amended, no state college, university, library, or archive shall be

required by chapter 42.17 RCW to make available for public

inspection and copying any records or documents obtained by said

college, university, library, or archive through or concerning any

gift, grant, conveyance, bequest, or devise, the terms of which

restrict or regulate public access to such records or documents:

PROVIDED, That this section shall not apply to any public records

as defined in RCW 40.14.010. [1975 1st ex.s. c 294 § 22.]

RCW 42.17.316 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

18.71.300 through 18.71.340. [1994 sp.s. c 9 § 726; 1987 c ~16 §

7.] .

NOTES:

*Reviser's note: RCW 18.71.300 was amended by 1998 c 132 § 3,

changing the definition of "committee" to "entity." ()

RCW (10/30/0 .10: 15) [ 60 ]
•

Severability--Headings and captions not law--Effective date--

1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

Effective date--1987 c 416: See note following RCW 18.71.300:

RCW 42.17.317 Information on commercial fertilizer

distribution exempt. Information provided under RCW 15.54.362 is

exempt from disclosure under this chapter. [1987 c 45 § 15.]

NOTES:

Construction--Severability--1987 c 45:

RCW 15.54.270.

See notes following

•

•

RCW 42.17.318 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 department of community,

trade, and economic development exempt. (1) Notwithstanding the

provisions of RCW 42~17.260 through 42.17.340, the following

information supplied to the department of community, trade, and

economic development by any person in connection with the siting,

recruitment, expansion, retention, or relocation of that person's

business shall not be made available to the public by the

department or the office of the governor:

(a) Financial or proprietary information; and

(b) Until a siting decision is made, identifying information

of any person supplying information under this section and the

locations being considered for siting, relocation, or expansion of

a business.

(2) For the purposes of this section, "siting decision" means

the decision to acquire or not to acquire a site.

(3) If there is no written contact for a period of sixty days

to the department from a person connected with siting, recruitment,

expansion, retention, or relocation of that person's business,

information described in subsection (1) (b) of this section will be

available to the public under the provisions of RCW 42.17.250

through 42.17.340.

(4) Nothing in this section shall apply to records of any

other state agency or of a local agency. [1999 c 150 § 1; 1993 c

280 § 36; 1989 c 312 § 7.]

NOTES:

Effective date--Severability--1993 c 280: See RCW 43.330.902

and 43.330.903.

Severability--1989 c 312: See note following RCW 43.31.403.

RCW (10/30/0 10:15) [ 61 )
RCW 42.17.31901 Identity of child victims of sexual assault

exempt. Information revealing the identity of child victims of

sexual assault who are under age eighteen is confidential and not

subject to public disclosure. Identifying information means the

which

child victim's

the child

name,

victim

address,

is a relative

location,

or

photograph,

stepchild

and

of the

in cases

alleged

in C.

perpetrator, identification of the relationship between the child

and the alleged perpetrator. [1992 c 188 § 6.]

NOTES:

Findings--Intent--Severability--1992 c 188:

following RCW 7.69A.020.

See notes

RCW 42.17.31902 Infant mortality review. Notwithstanding the

prqvisions of RCW 42.17.250 through 42.17.340, no local health

department may be required under this chapter to make available for

public inspection or copying any records or documents obtained,

prepared, or maintained by the local health department for the

purposes of an infant mortality review conducted by the department

pursuant to RCW 70.05.170. This section shall not apply to

published statistical compilations and reports relating to the

infant mortality review studies that do not identify individual

cases and sources of information. [1992 c 179 § 2.)

RCW 42.17.31903 Identification

insurance commissioner exempt.

identification data of all viators

commissioner under chapter 48.102

disclosure and reporting requirements

§ 15.]

NOTES:

of viators regulated by the

The names and individual

regulated by the insurance

RCW are exempt from the

of this chapter. [1995 c 161 o

Short title--1995 c 161: See RCW 48.102.900.

RCW 42.17.31904 Insurance antifraud plans exempt.

Information provided under RCW 48.30A.045 through 48.30A.060 are

exempt from disclosure under this chapter. [1995 c 285 § 15.]

NOTES:

Effective date--1995 c 285: See RCW 48.30A.900.

RCW 42.17.31905 Insurance information on. certain material

transactions exempt. Information provided under RCW 48.05.510

through 48.05.535, 48.43.200 through 48.43.225, 48.44.530 through

48.44.555, and 48.46.600 through 48.46.625 is exempt from

disclosure under this chapter. [1995 c 86 § 25.]

RCW 42.17.319.06 Fireworks records exempt. All records (\

. obtained and all reports produced, as required under chapter 70·.77 _--.:.)

RCW (10/30/0 10:15) [ 62 ) .
•

•

•

RCW, are not subj ect to the disclosure requirements under this

chapter. [1995 c 61 § 30.)

NOTES:

Severability--Effective date--1995 c 61: See notes following

RCW 70.77.111.

RCW 42.17.31907 Agricultural business and commodity

commission records exempt. The following agricultural business and

commodity commission records are exempt from the disclosure

requirements of this chapter:

(1) Production or sales records required to determine

assessment levels and actual assessment payments to commodity

commissions formed under chapters 15.24, 15.26, 15.28, 15.44,

15.65, 15.66, 15.74, 15.88, and 16.67 RCW or required by the

department of agriculture under RCW 15.13.310(4) or 15.49.370(6);

(2) Consignment information contained on phytosanitary

certificates issued by the department of agriculture under chapters

15.13, 15.49, and 15.17 RCW or federal phytosanitary certificates

issued under 7 C.F.R. 353 through cooperative agreements with the

animal and plant health inspection service, United States

department of agriculture, or on applications for phytosanitary

certification required by the department of agriculture; and

(3) Financial and commercial information and records supplied

by persons to commodity commissions formed under chapters 15.24,

15~28, 15.44, 15.65, 15.66, 15.74, 15.88, and 16.67 RCW with

respect to domestic or export marketing activities or individual

producer's production information. [1996 c 80 § 3.)

RCW 42.17.31908 Business information gathered under certain

regulatory activities exempt. ·The disclosure requirements of this

chapter do not apply to information gathered under chapter 19.85

RCW· or RCW 34.05.328 that can be identified to a particular

business. [1996c 102 § 1.)

RCW 42.17.31909 American ginseng growers ordealers--Certain

information exempt. Except under RCW 15.19.080, information

obtained regarding the purchases, sales, or production of an

individual American ginseng grower or dealer is exempt from

disclosure under this chapter. [1998 c 154 § 33;1996 c 188 § 6.)

RCW 42.17.31910 Uniform Disciplinary Act complaints exempt.

Complaints filed under chapter 18.130 RCW after July 27, 1997, are

exempt from disclosure under this chapter to the extent provided in

RCW 18.130.095(1). [1997 c 270 § 2.]

RCW 42.17.31911 Examination reports and information from

financial institutions exempt. Examination reports and information

obtained by the department of financial institutions from banks

under RCW 30;04.075, from savings banks under RC~ 32.04.220, from

savings and Loan associations under RCW 33.04.110, from credit

unions under RCW 31.12.565, from check cashers and sellers under

RCW (10/30/0 10:15) [ 63 )
RCW 42.17.31912 Motor carrier information systems. Any

information obtained by governmental agencies that is collected by

the use of a motor carrier intelligent transportation system or any

comparable information equipment attached to a truck, tractor, or

trailer is confidential and not subject to public disclosure under

this chapter. However, the information may be given to other

governmental agencies or the owners of the truck, tractor, or

trailer from which the information is obtained. As used in this

section, "motor carrier" has the same definition as provided in RCW

81.80.010. [1999 c 146 § 1.]

RCW 31.45.030(3), and from securities brokers and

advisers under RCW 21.20.100 are confidential and

information and not subject to public disclosure

chapter. [1997 c 258 § 1.]

investment

privileged

under this

c

RCW 42.17.31913 Marine employees salary surveys. Salary and

employee benefit information collected under RCW 47.64.220(1) and

described in RCW 47.64.220(2) is exempt from disclosure under this

chapter except as provided in RCW 47.64.220. [1999 c 256 § 2.]

RCW 42.17.31914 Rail fixed guideway system- -Safety and

security program plan. The security section of transportation

system safety and security program plans required under RCW

35 . 21 . 228, 35A. 21 . 300 , 36 . 01 . 210, 36 . 57 . 120 , 36 . 57 A. 170, and

81.112.180 are exempt from disclosure under this chapter. [1999 c

202 s 8.]

NOTES:

Effective date--1999 c 202: See note following RCW 35.21.228.

RCW 42.17.31915 Service contract providers--Financial reports

exempt. Information provided to the insurance commissioner under

RCW 48.110.040(3) is exempt from disclosure under this chapter.

[1999 c 112 § 18.]

. NOTES:

Severability--1999 C 112: See RCW 48.110.901.

o

RCW 42.17.320 Prompt responses required. Responses to

requests for public records shall be made promptly by agencies, the

office of the secretary of the senate, and the office of the chief

clerk of the house of representatives. Within five business days

of receiving a public record request, an agency, the office of the

secretary of the senate, or the office of th~ chief clerk of the

house of representatives must respond by either (1) providing the

record; (2) acknowledging that the agency, the office of the

secretary of the senate, or the office of the chief clerk of the

. house of representa.tives has received· the request and providing a ( <,

reasonable estimate of the time the agency, the office of the "-~ secretary of the senate, or the office of the chief clerk of the

RCW (10/30/0 10:15) [ 64 ]
•

.'

•

house of representatives will require to respond to the request; or

(3) denying the public record request. Additional time required to

respond to a request may be based upon the need to clarify the

intent of the request, to locate and assemble the information

requested, to notify third persons or agencies affected by the

request, or to determine whether any of the information requested

is exempt and that a denial should be made as to all or part of the

request. In acknowledging receipt of a public record request that

is unclear, an agency, the office of the secretary of the senate,

or the office of the chief clerk of the house of representatives

may ask the requestor to clarify what information the requestor is

seeking. If the requestor fails to clarify the request, the

agency, the office of the secretary of the senate, or the office of

the chief clerk of the house of representatives need not respond to

it. Denials of requests must be accompanied by a written statement

of the specific reasons therefor. Agencies, the office of the

secretary of the senate, and the office of the chief clerk of the

house of representatives shall establish mechanisms for the most

prompt possible review of decisions denying inspection, and such

review shall be deemed completed at the end of the second business

day following the denial of inspection and shall constitute final

agency action or final action by the office of the secretary of the

senate or the office of the chief clerk of the house of

representatives for the purposes of judicial review. [1995 c 397

§ 15; 1992 c 139 § 6; 1975 1 s t ex. s . c 294 § 18; ·1973 c 1 § 32

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

RCW 42.17.325 Review of agency denial. Whenever a state

agency concludes that a public record is exempt from disclosure and

denies a person opportunity to inspect or copy a public record for

that reason, the person may request the attorney general to review

the matter. The attorney general shall provide the person with his

or her written opinion on whether the record is exempt.

Nothing in this section shall be deemed to establish an

attorney-client relationship between the attorney general and a

person making a request under tqis section. [1992 c 139 § 10.]

RCW 42.17.330 Court protection of public records. The

examination of any specific public record may be enjoined if, upon

motion and affidavit by an agency or its representative or a person

who is named in the record or to whom the record s~ecifically

pertains, 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.

An agency has the option of notifying persons named in the record

or to whom a record specifically pertains, that release of a record

has been requested. However, this option does not exist where the

agency is required by law to provide such notice. [1992 c 139 § 7;

1975 1st ex.s. c 294 § 19; 1973 c 1 § 33 (Initiative Measure No.

276, approved November 7, 1972).]

RCW 42.17~340 Judicial review of agency actions. (1) Upon

the motion of any person having been denied an opportunity to

RCW (10/30/0 10:15) [ 65
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 C.

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)· Upon the motion of any person who believes that an agency

has not made a reasonable estimate of the time that the agency

requires to respond to a public record request, the superior court

in the county in which a record is maintained may require the

responsible agency to show that the estimate it provided is

reasonable. The burden of proof shall be on the agency to show

that the estimate it provided is reasonable.

(3) 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. The court may

conduct a hearing based solely on affidavits.

(4) Any person who prevails against an agency in any action in

the courts seeking the right to inspect or copy any public record

or the right to receive a response to a public record request

within a reasonable amount of time shall be awarded all costs,

including reasonable attorney fees, incurred in connection with

such legal action. In addition, it shall be within the discretion

dollars

of the court

and not

to

to

award

exceed

such

one

person

hundred

an

dollars

amount

for

not

each

less

day·that

than five

he

C. was denied the right to inspect or copy said public record. [1992 .

c 139 § 8; 1987 c 403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c 1 § 34

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

NOTES:

Intent--Severability--1987 c 403:

42.17.255.

See notes following RCW

RCW 42.17.341 Application of RCW 42.17.340. The procedures

in RCW 42.17.340 govern denials of an opportunity to inspect or

copy a public record by the office of the secretary of the senate

or the office of the chief clerk of the house of representatives.

[1995 c 397 § 16.]

RCW 42.17.348 Explanatory pamphlet. The attorney generalis

office shall publish, and update when appropriate, a pamphlet,

written in plain language, explaining the provisions of the public

records subdivision of this chapter. [1992 c 139 § 9.]

RCW (10/30/0 10:15) [ 66 ]
.-

•

ADMINISTRATION AND ENFORCEMENT

RCW 42.17.350 Public disclosure commission- -Established--

Membership--Prohibited activities--Compensation, travel expenses.

(1) There is hereby established a "public disclosure commission"

which shall be composed of five members who shall be appointed by

the governor, with the consent of the senate. All appointees shall

be persons of the highest integrity and qualifications. No more

than three members shall have an identification with the same

political party.

(2) The term of each member shall be five years. No member is

eligible for appointment to more than one full term. Any member

may be removed by the governor, but only upon grounds of neglect of

duty or misconduct in office.

(3) During his or her tenure, a member of the commission is

prohibited from engaging in any of the following activities, either

within or outside the state of Washington:

(a) ,Holding or campaigning for elective office;

(b) Serving as an officer of any political party or political

committee;

(c) Permitting his or her name to be used in support of or in

opposition to a candidate or proposition;

(d) Soliciting or making contributions to a candidate or ln

support of or in opposition to any candidate or proposition;

(e) Participating in any way in any election campaign; or

(f) Lobbying, employing, or assisting a lobbyist, except 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.

(4) 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

or her predecessor. A vacancy shall not impair the powers of the

remaining members to exercise all of the powers of the commission.

(5) Three members of the commission shall constitute a quorum.

The commission shall elect its own chair and adopt its oWn rules of

procedure in the manner provided in chapter 34.05 RCW.

(6) 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. [1998 c 30 § 1; 1984

c 287 § 74; 1982 c 147 § 15; 1975- 176 2nd ex.s. c 112 § 8; 1975- 176

2nd ex.s. c 34 § 93; 1975 1st ex.s. c 294 § 23; 1973 c 1 § 35

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

NOTES:

Legislative findings--Severability--Effective date--1984 c

287: See notes following RCW 43.03.220.

•

Effective date--Severability--1975- '76 2nd ex.s. c 34:

notes following RCW 2.08.115.

See

RCW (10/30/0 10:15) [ 67 1
RCW 42.17.360 Commission--Duties. The commission shall:

(1) Develop and provide forms for the reports and statements

required to be made under this chapter:

(2) Prepare and publish a manual setting forth recommended

uniform methods of bookkeeping and reporting for use by persons -0. __

required to make reports and statements under this chapter;

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

and statements;

(4) Investigate whether properly completed statements and

reports have been filed within the times required by this chapter;

(5) Upon complaint or upon its own motion, investigate and

report apparent violations of this chapter to the appropriate law

enforcement authorities;

(6) Prepare and publish an annual report to the governor as to

the effectiveness of this chapter and its enforcement by

appropriate law enforcement authorities; and

(7) Enforce this chapter according to the powers granted it by

law. [1973 c 1 § 36 (Initiative Measure No. 276, approved November

7, 1972).J

RCW 42.17.362 Toll-free telephone number. In addition to its

regular telephone number, the commission shall offer political

committees and residents of this state the opportunity to contact

the commission by a toll-free telephone number. [2000 c 237 § 6.]

RCW 42.17.365 Audits and investigations. The commission

shall conduct a sufficient number of audits and field

regarding

investigations

the degree

so as

of

to

compliance

provide a

with

statistically

the provisions

valid

of

finding

this

C.

chapter by all required filers. Any documents, records, reports,

computer files, papers, or materials provided to the commission for

use in conducting audits and investigations must be returned to the

candidate, campaign, or political committee from which they were

received within one week of the commission's completion of an audit

or field investigation. [1999c 401 § 8; 1993 c 2 § 29 (Initiative

Measure No. 134, approved November 3, 1992).J

RCW 42.17.367 Web site for commission documents. By February

1, 2000, the commission shall operate a web site or contract for

the operation of a web site that allows access to reports, copies

of reports, or copies of data and information submitted in reports,

filed with the commission under RCW 42.17.040, 42.17.065,-

42.17.080, 42.17.100, and 42.17.105. By January I, 2001, the web

site shall allow access to reports, copies of reports, or copies of

data and information submitted in reports, filed with the

commission under RCW 42.17.150, 42.17.170, 42.17.175, and

42.17.180. In addition, the commission shall attempt to make

available via the web site other public records submitted to or

generated by the commission that are required by this chapter to be

available for public use or inspection. [1999 c 401 § 9; 1994 c 40

s 2. J

NOTES: c

RCW (10/30/0 10:15) [ 68 J
•

•

•

Findings--1994 c 40: "The legislature finds that government

information is a strategic resource and needs to be managed as such

and that broad public access to nonrestricted public information

and records must be guaranteed. The legislature further finds that

reengineering government processes along with capitalizing on

advancements made in digital technology can build greater

efficiencies in government service delivery. The legislature

further finds that providing citizen electronic access to presently

available public documents will allow increased citizen involvement

in state policies and empower citizens to participate in state

policy decision making." [1994 c 40 § 1.]

Severability--1994 c 40: "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." [1994 c 40 § 6.]

Effective date- -1994 c 40: "This act is necessary for the

immediate preservation of the public peace, health, or safety, or

support of the state government and its existing public

institutions, and shall take effect immediately [March 21, ·1994]."

[1994 c 40 § 7.]

RCW 42.17.369 Electronic filing--Availability. (1) By July

1, 1999, the commission shall make available to candidates, public

officials, and political committees that are required to file

reports under this chapter an electronic filing alternative for

submitting financial affairs reports, contribution reports, and

expenditure reports, including but not limited to filing by

diskette, modem, satellite, or the Internet.

(2) By January I, 2002, the commission shall make available to

lobbyists and lobbyists' employers required to file reports under

RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180 an electronic

filing alternative for submitting these reports including but not

limited to filing by diskette, modem, satellite, or the Internet.

(3) The commission shall make available to ·candidates, public

officials, political committees, lobbyists, and lobbyists I

employers an electronic copy of the appropriate reporting forms at

no charge. [2000 c 237 § 3; 1999 c 401 § 11.]

RCW 42.17.3691 Electronic filing--When required. (1)

Beginning January 1, 2002, each candidate or political committee

that expended twenty-five thousand dollars or more in the preceding

year or expects to expend twenty-five thousand dollars or more in

the current year shall file all contribution reports and

expenditure reports required by this chapter by the electronic

alternative provided by the commission under RCW 42.17.369. The

commission may make exceptions on a case-by-case basis for

candidates whose authorized committees lack the technological

ability to file reports using the elec~ronic alternative provided

by the commission.

(2) Beginning January I, 2004, each candidate or political

committee that expended ten thousand dollars or more in the

preceding year or expects to expend ten thousand dollars or more in

the· current year shall file all contribution reports and

expenditure reports required by this chapter by the electronic

RCW (10/30/0 10:15) [ 69 ]
alternative provided by the commission under RCW 42.17.369. The

commission may make exceptions on a case-by-case basis for

candidates whose authorized committees lack the technological

ability to file reports using the electronic alternative provided

by the commission.

(3) Failure by a candidate or political committee to comply

with this section is a violation of this chapter. [2000 c 237 § 4;

1999 c 401 § 12.)

RCW 42.17.370 Commission--Additional powers. The commission

is empowered to:

(1) 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. Any

rule relating to campaign finance, political advertising, or

related forms that would otherwise take effect after June 30th of

a general election year shall take effect no earlier than the day

following the general election in that year;

(2) Appoint and set, wi thin the limits established by the

committee on agency officials' salaries under RCW 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 received contributions nor

made expenditures in connection with any election campaign of more

than *one thousand dollars;

(9) Adopt rules prescribing reasonable requirements for

keeping accounts of and reporting on a quarterly basi s 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

c

c

RCW (10/30/0 10:15) 70 )
•

•

•

to influence the passage or defeat of any legislation. The state

auditor in his or her 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 or

her 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(1) (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 or her immediate family

holds any office, directorship, general partnership interest, or an

ownership interest of ten percent or more. Any suspension or

modification shall be only to the extent necessary to substantially

relieve the hardship. The commission shall act to suspend or

modify any reporting requirements only if it determines that facts

exist that are clear and convincing proof of the findings required

under this section. Requests for renewals of reporting

modifications may be heard in a brief adjudicative proceeding as

set forth in RCW 34.05.482 through 34.05.494 and in accordance with

the standards established in this section. No initial request may

be heard in a brief adjudicative proceeding and no request for

renewal may be heard in a brief adjudicative proceeding if the

initial request was granted more than three years previously or if

the applicant is holding an office or position of employment

different from the office or position held when the initial request

was granted. The commission shall adopt administrative rules

governing the proceedings. 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

(11) 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 ohapt.er : (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 by this subsection shall reflect economic

changes from the time of the last legislative enactment affecting

the respective code or threshold through December 1985;

(12) Develop and provide to filers a system for certification

of reports required under this chapter which are transmitted by

facsimile or electronically to the commission. Implementation of

the program is contingent on the availability of funds. [1995 c

397 § 17; 1994 c 40 § 3; 1986 c 155 § 11; 1985 c 367 § 11; 1984 c

RCW (10/30/0 10:15)· [ 71 ]
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).]

NOTES:

*Reviser's note: The dollar amounts in this section have been

adjusted for inflation by rule of the commission adopted under the

authority of subsection (11) of this section. For current dollar

amounts, see chapter 390-16 of the Washington Administrative Code

(WAC) .

Findings--Severability--Effective date--1994 c 40: See notes

following RCW 42.17.367.

Contingent effective date- -Severability- -1986 c 155: See

notes following RCW 43.03.300.

Severability--1977 ex.s. c 336:

42.17.040.

See note following RCW

RCW 42.17.375 Reports filed with county elections official--

Rules governing. With regard to the reports required by this

chapter to be filed with a county auditor or county elections

official, the commission shall adopt rules governing the

arrangement, handling, indexing, and disclosing of those reports by

the county auditor or count~ elections official. The rules shall

ensure ease of access by the public to the reports and shall

include, but not be limited to, requirements for indexing the

reports by the names of candidates or political committees and bYO

the ballot proposition for or against which a political committee )

is receiving contributions or making expenditures. [1983 c 294 §

1. ]

RCW 42.17.380 Secretary of state, attorney general--Duties.

(1) The office of the secretary of state shall be designated as a

place where the public may file papers or correspond with the

commission and receive any form or instruction from the commission.

(2) The attorney general, through his office, shall supply

such assistance as the commission may require in order to carry out

its responsibilities under this chapter. The commission may 'employ

attorneys who are neither the attorney general nor an assistant

attorney general to carry out any function of the attorney general

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

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

7,1972).]

NOTES:

Intent--Severability--Effective dates--Application--1982 c 35:

See notes following RCW 43.07.160.

RCW 42.17.390 Civil remedies and. sanctions. One or more of

the following civil remedies and sanctions may be imposed by court0

order in addition to any other remedies provided by law: .

. ,

. i

RCW (10/30/0 10:15)' [ 72 ]
•

•

•

(1) If the court finds that the violation of any provision of

this chapter by any candidate or political committee probably

affected the outcome of any election, the result of said election

may be held void and a special election held within sixty days of

such finding. Any action to void an election shall be commenced

within one year of the date of the election in question. It is

intended that this remedy be imposed freely in all appropriate

cases to protect the right of the electorate to an informed and

knowledgeable vote.

(2) If any lobbyist or sponsor of any grass roots lobbying

campaign violates any of the provisions of this chapter, his

registration may be revoked or suspended and he may be enjoined

from receiving compensation or making expenditures for lobbying:

PROVIDED, HOWEVER, That imposition of such sanction shall not

excuse said lobbyist from filing statements and reports required by

this chapter.

(3) 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. However, a person or

entity who violates RCW 42.17.640 may be subject to a civil penalty

of ten thousand dollars or three times the amount of the

contribution illegally made or accepted, whichever is greater.

(4) 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. .

(5) 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 .

. (6) 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. [1993 c 2 § 28 (Initiative Measure No. 134,

approved November 3, 1992); 1973 c 1 § 39 (Initiative Measure No.

276, approved November 7, 1972).J

RCW 42.17.395 Violations--Determinationby commission--

Procedure. (I) The commissiorl may (a) determine whether an actual

violation of this chapter has occurred;· and (b) issue and enforce

an appropriate order following such determination.

(2) The commission, in cases where it chooses to determine

whether an actual violation of this chapter has occurred, shall

hold a hearing pursuant to the Administrative Procedure Act,

chapter 34.05 RCW, to make such determination. Any order that the

comm.i s s i.on "issues under this section shall be pursuant to such

hearing.

(3) In lieu of holding a hearing or issuing an order under

this section, the commission may refer the matter to the attorney

general or other enforcement agency as provided in RCW 42.17.360.

(4) The person against whom an order is directed under this

section shall be designated as the respondent. 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

RCW (10/30/0 10:15) [ 73 J
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 'C

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.]

NOTES:

*Reviser's note: RCW 42.17.390 was amended by 1993 c 2 § 28,

changing subsection (1) (b), (c), (d), and (e) to subsections (2),

(3), (4), and (5) .

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

RCW 42.17.397 Procedure upon petition for enforcement of

order of commission--Court's order of enforcement. The following

procedure shall apply in all cases where the commission has

petitioned a court of competent jurisdiction for enforcement of any

order it has issued pursuant to this chapter:

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

directed to the respondent at his last known address. The court

shall issue an order directing the respondent to appear at a time

designated in the order, not less than five days from the date

thereof, and show cause why the commission'S order should not be

enforced according to its terms.

(2) The commission'S order shall be enforced by the court if

the respondent does not appear, or if the respondent appears and

the court finds, pursuant to a hearing held for that purpose:

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

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

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

the commission'S order should. not be enforced or that the

respondent had an appropriate remedy by review under RCW

34.05,570(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 e 147 § 17; 1975-'76 2nd ex.s.

e 112 § 13.] .

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RCW (10/30/0 10:15) [ 74 ]
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NOTES:

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

RCW 42.17.400 Enforcement. (1) 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, receipts, books, paper and documents

which may be relevant or material to any investigation authorized

under this chapter.

(3) When the attorney general or the prosecuting authority of

any political subdivision of this state requires the attendance of

any person to obtain such information or the production of the

accounts, bills, receipts, books, papers, and documents which may

be relevant or material to any investigation authorized under this

chapter, he shall issue an order setting forth the time when and

the place where attendance is required and shall cause the same to

be delivered to or sent by registered mail to the person at least

fourteen days before the date fixed for attendance. Such order

shall have the same force and effect as a subpoena, shall be

effective state-wide, and, upon application of the attorney general

or said prosecuting authority, obedience to the order may be

enforced by any superior court judge in the county where the person

receiving it resides or is found, in the same manner as though the

order were a subpoena. The court, after hearing, for good cause,

and upon application of any person aggrieved by the order, shall

have the right to alter, amend, revise, suspend, or postpone all or

any part of its provisions. In any case where the order is not

enforced by the court according to its terms, the reasons for the

court's actions shall be clearly stated in writing, and such action

shall be subject to review by the appellate courts by certiorari or

other appropriate proceeding.

(4) Any person who has notified the attorney general and the

prosecuting attorney in the county in which the violation occurred

in writing that there is reason to believe that some- provision of

this chapter is being or has been violated may himself bring in the

name of the state 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

RCW (10/30/0 10:15) [ 75 )
shall escheat to the state, but he shall be entitled to be

reimbursed by the state of Washington for costs and attorney's fees

he has incurred: PROVIDED, That in the case of a citizen's action

which is dismissed and which the court also finds was brought

without reasonable cause, the court may order the person commencing

the action to. pay all costs of trial and reasonable attorney's fees

incurred by the defendant.

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

award to the state all costs of investigation and trial, including

a reasonable attorney's fee to be fixed by the court. If the

violation is found to have been intentional, the amount of the

judgment, which shall for this purpose include the costs, may be

trebled as punitive damages. If damages or trebled damages are

awarded in such an action brought against a lobbyist, the judgment

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

employers joined as defendants, jointly, severally, or both. If

the defendant prevails, he shall be awarded all costs of trial, and

may be awarded a reasonable attorney's fee to be fixed by the court

to be paid by the state of Washington. [1975 1st ex.s. 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 subdivisions. (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

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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 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 ~inance 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.]

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 1 § 41 (Initiative Measure No. 276, approved November 7,

1972) .]

RCW 42.17.420 Date o f : mailing deemed date of receipt--

Exceptions--Electronic filings. (I) Except as provided in

subsection (2) of this section, when any application, report,

statement, notice, or payment, required to be made under the

provisions of this chapter has beeri 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 and

42.17.175.

(2) When a report is filed electronically with the commission,

it is deemed to have been received on the file transfer date. The

commission shall notify the filer of receipt of the electronically

filed report. Such notification may be sent by mail, facsimile, or

electronic mail. If the notification of receipt of the

electronically filed report is not received by the filer, the filer

may offer his or her own proof of sending the report, and such

proof shall be treated as if it were a receipt' sent by the

commission. Electronic filing may be used for purposes of filing

the special reports required to be delivered under RCW 42.17.105

and 42;17.175. [1999 c 401 § 10; 1995 c 397 § 18; 1983 c 176 § 2;

1973 c 1 §42 (Initiative Measure No. 276, approved November 7,

1972) .]

RCW 42.17.430 Certificatibn of reports. Every report and

statement required to be filed under this chapter shall identify

RCW (10/30/0 10:15) 77 ]
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 1 § 43 (Initiative Measure No. 276,

approved November 7, 1972).)

RCW 42.17.440 Statements and reports public records. All

statements and reports filed under this chapter shall be public

records of the agency where they are filed, and shall be available

for public inspection and copying during normal business hours at

the expense of the person requesting copies, provided that the

charge for such copies shall not exceed actual cost to the agency.

[1973 c 1 § 44 (Initiative Measure No. 276, approved November 7,

1972) .)

RCW 42.17.450 Duty to preserve statements and reports.

Persons with whom statements or reports or copies of statements or

reports are required to be filed under this chapter shall preserve

them for not less than six years. The commission, however, shall

preserve such statements or reports for not less than ten years~

[1973 c 1 § 45 (Initiative Measure No. 276, approved November 7,

1972) .)

"

RCW 42.17.460 Access to reports--Legislative intent. It is

the intent of the legislature to ensure that the commission provide

the general public timely access to all contribution and

expenditure reports submitted by candidates, continuing political

committees, bona fide political parties, lobbyists, and lobbyists'

employers. The legislature finds that failure .to meet goals for

full and timely disclosure threatens to undermine our electoral

process.

Furthermore, the legislature intends for the commission to

consult with the department of information services as it seeks to

implement chapter 401, Laws of 1999, and that the commission follow

the standards and procedures established by the department of

information services in chapter 43.105 RCW as they relate to

information technology. [1999 c 401 § 1.)

RCW 42.17.461 Access goals. (I) The commission shall

establish goals that all reports, copies of reports, or copies of

the data or information included in reports, filed under RCW

42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150,

42.17.170, 42.17.175, and 42_17.180, that are:

(a) Submitted using the commission's electronic filing system

shall be accessible in the commission's office within two business

days of the commission's receipt of the report and shall be

accessible on the commission's web site within seven business days

of the commission's receipt of the report; and

(b) Submitted in any format or using any method other than as

described in (a) of this subsection, shall be accessible in the

commission's office within four business days of the actual

physical receipt of the report, and not the technical date of

filing as provided under RCW 42.17.420, and shall be accessible on

the commission's web site within fourteen business days of the

actual physical receipt of the report,. and not the technical date

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of filing as provided under RCW 42.17.420, as specified in rule

adopted by the commission.

. (2) On January 1, 2001, or shortly thereafter, the commission

shall revise these goals to reflect that all reports, copies of

reports, or copies of the data or information included in reports,

filed under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100,

42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180, that

are:

(a) Submitted using the commission's electronic filing system

shall be accessible in the commission's office within two business

days of the commission's receipt of the report and on the

commission's web site within four business days of the commission's

receipt of the report; and

(b) Submitted in any format or using any method other than as

described in (a) of this subsection, shall be accessible in the

commission's office within four business days of the actual

physical receipt of the report, and not the technical date of

filing as provided under RCW 42.17.420, and on the commission's web

site within seven business days of the actual physical receipt of

the report, and not the technical date of filing as provided under

RCW 42.17.420, as specified in rule adopted by the commission.

(3) On January 1, 2002, or shortly thereafter, the commission

shall revise these goals to reflect that all reports, copies of

reports, or copies of the data or information included in reports,

filed under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100,

42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180, that

are:

(a) Submitted using the commission's electronic filing system

must be accessible in the commission's office and on the

commission's web site within two business days of the commiss:i,on's

receipt of the report; and

(b) Submitted in any format or using any method other than as

described in (a) of this subsection, must be accessible in the

commission's office and on the commission's web site within four

business days of the actual physical receipt of the report, and not

the technical date of filing as provided under RCW 42.17.420, as

specified in rule adopted by the commission. [2000 c 237 § 5; 1999

c 401 s 2.)

RCW 42.17.463 Access performance. measures. By July 1st of

each year beginning in 2000, the commission shall calculate the

following performance measures, provide a copy of the performance

measures to the governor and appropriate legislative committees,

and make the performance measures available to the public:

(1) The average number' of days that elapse between the

commission's receipt of reports filed under RCW 42.17.040,

42.17.065, 42.17.080, and 42.17.100 and the time that the report,

a copy of the report, or a copy of the data or information included

in the report, is first accessible to the general public (a) in the

commission's office, and (b) via the commission's web site;

(2) The average number of days that elapse between the

commission's receipt of reports filed under RCW 42.17.105 and the

time that th~ report, a copy of the report, or a copy of the data

or information included in the report, is first accessible to the

general public (a) in the commission's office, and (b) via the

commission's web site;

RCW (10/30/0 10:15) [ 79 )
(3) The average number of days that elapse between the

commission's receipt of reports filed under RCW 42.17.150,

42.17.170, 42.17.175, and 42.17.180 and the time that the report,

a copy of the report, or a copy of the data or information included

in the report, is first accessible to the general public (a) in the

commission's office, and (b) via the commission's web site;

(4) The percentage of candidates, categorized as state-wide,

state legislative, or local, that have used each of the following

methods to file reports under RCW 42.17.080 or 42.17.105: (a) Hard

copy paper format; (b) electronic format via diskette; (c)

electronic format via modem or satellite; (d) electronic format via

the Internet; and (e) any other format or method;

(5) The percentage of continuing political committees that

have used each of the following methods to file reports under RCW

42.17.065 or 42.17.105: (a) Hard copy paper format;, (b) electronic

format via diskette; (c) electronic format via modem or satellite;

(d) electronic format via the Internet; and (e) any other format or

method; and

(6) The percentage of lobbyists and lobbyists' employers that

have used each of the following methods to file reports under RCW

42."17.150, 42.17.170, 42.17.175, or 42.17.180: (a) Hard copy paper

format; (b) electronic format via diskette; (c) electronic format

via modem or satellite; (d) electronic format via the Internet; and

(e) any other format or method. [1999 c 401 § 3.]

RCW 42.17.465 Information technology plan--Contents. (1) The

commission shall develop an information technology plan consistent

with plans or portfolios required by chapter 43.105 RCW.

(2) The plan must include, but not be limited to, the

'following:

(a) A baseline assessment of the agency's information

technology resources and capabilities that will serve as the

benchmark for subsequent planning and performance measures;

(b) A statement of the agency's mission, goals, and objectives

for information technology, including goals and obj ectives for

achieving electronic access to agency records, information, and

services for at least the next five years;

(c) An explanation of how the agency's mission, goals, and

objectives for information technology support and conform to the

state strategic information technology plan;

(d) An implementation strategy to enhance electronic access to

public records and information required to be filed with and

disclosed by the commission. This implementation strategy must be

assembled to, include:

(i) Adequate public notice and opportunity for comment;

(ii) Consideration of a variety of electronic technologies,

including those that help to transcend geographic locations,

standard business hours, economic conditions of users, and

disabilities;

(iii) Methods to educate agency employees, the public, and the

news media in the effective use of agency technology;

(iv) Ways to simplify and improve public access to information

held by the commission through electronic means;

(e) Projects and resources required to meet the objectives of

the plan; and

(f) If feasible,-estimated schedules and funding required to

implement identified projects. [1999 c 401 § 4.]

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RCW 42.17.467 Information technology plan--Consultation. In

preparing the information technology plan, the commission shall

consult with affected state agencies, the department of information

services, and stakeholders in the commission's work, including

representatives of political committees, bona fide political

parties, news media, and the general public. [1999 c 401 § 5.]

RCW 42.17.469 Information technology plan--Submission. The

commission shall submit the information technology plan to the

senate and house of representatives fiscal committees, the

governor,the senate state and local government committee, the

house of representatives state government committee, and the

department of information services by February 1, 2000. It is the

intent of the legislature that the commission thereafter comply

with the requirements of chapter 43.105 RCW with respect to

preparation and submission of biennial performance reports on the

commission's information technology. [1999 c 401 § 6.]

RCW 42.17.471 Access performance reports. The commission

shall prepare and submit to the department of information services

a biennial performance report in accordance with chapter 43.105

RCW.

The report must include:

(1) . An evaluation of the agency's performance relating to

information technology;

(2) An assessment of progress made toward implementing the

agency information technology plan;

(3) An analysis of the commission's performance measures, set

forth in RCW 42.17.463, that relate to the electronic filing of

reports and timely public access to those reports via the

commission's web site;

(4) A comprehensive description of the methods by which

citizens may interact with the agency in order to obtain

information and services from the commission; and

(5) An inventory of agency information services, equipment,

and proprietary software. [1999 c 401 § 7.]

POLITICAL ADVERTISING

RCW 42.17.505 Definitions. The definitions set forth in this

section apply throughout RCW 42.17.510 through 42.17.540.

(1) "Actual malice" means to act with knowledge 6f falsity or

with reckless disregard as to truth or falsity.

(2) II SponsorII means the candidate, political committee, or

person paying for the advertisement. If a person acts as an agent

for another or is reimbursed by another for the paymerrt , the

original source of the paYment is the sponsor.

(3) IIIncumbent ll means a person who is in present possession of

an elected office. [1988 c 199 § 1.]

RCW (10/30/0 10:15) [ 81 ]
RCW 42.17.510 Identification of sponsor--Exemptions. (1) All

written political advertising, whether relating to candidates or

ballot propositions, shall include the sponsor's name and address.

All radio and television political advertising, whether relating to

candidates or ballot propositions, shall include the sponsor's

name. The use of an assumed name shall be unlawful. The party

with which a candidate files shall be clearly identified in

political advertising for partisan office.

(2) In addition to the materials required by subsection (1) of

this section, all political advertising undertaken as an

independent expenditure by a person or entity other than a party

organization must include the following statement on the

communication IINOTICE TO VOTERS (Required by law): This

advertisement is not authorized or approved by any candidate. It

is paid for by (name, address, city, state).11 If the advertisement

undertaken as an independent expenditure is undertaken by a

nonindividual other than a party organization, then the following

notation must also be included: "Top Five Contributors, II followed

by a listing of the names of the five persons or entities making

the largest ·contributions reportable under this chapter during the

twelve-month period before the date of the advertisement.

(3) The statements and listings of contributors required by

subsections (1) and (2) of this section shall:

(a) Appear on the first page or fold of the written

communication in at least ten-point type, or in type at least ten

percent of the largest size type used in a written communication

directed at more than one voter, such as a billboard or poster,

whichever is larger;

(b) Not be subject to the half-tone or screening process;

(c) Be set apart from any other printed matter; and

(d) Be clearly spoken on any broadcast advertisement.

(4) Political yard signs are exempt from the requirement of

subsections (1) and (2) of this section that the na~e and address

of the sponsor of political advertising be listed on the

advertising. In addition, the public disclosure commission shall,

by rule, exempt from the identification requirements of subsections

(1) and (2) of this section forms of political advertising such as

campaign buttons, balloons, pens, pencils, sky-writing,

inscriptions, and other forms of advertising where identification

is impractical.

(5) For the purposes of this section, lIyard signll means any

outdoor sign with dimensions no greater than eight feet by four

feet. [1995 c 397 § 19; 1993 c 2 § 22 (Initiative Measure No. 134,

approved November 3, 1992); 1984 c 216 § 1.]

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Advertising rates for political candidates: RCW 65.16.095.

RCW 42.17.520 Picture of candidate. At least one picture of

the candidate used in any political advertising shall have been

taken within the last five years and shall be no smaller than the

largest picture of the same candidate used in the same

advertisement. [1984 c 216 s 2.]

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RCW (10/30/0 10:15) [ 82 ]
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RCW 42.17.530 False poiitical advertising. (1) It is a

violation of this chapter for a person to sponsor with actual

malice:

(a) Political advertising that contains a false statement of

material fact about a candidate for public office. However, this

subsection (1) (a) does not apply to statements made by a candidate

or the candidate's agent about the candidate himself or herselfj

(b) Political advertising that falsely represents that a

candidate is the incumbent for the office sought when in fact the

candidate is not the incumbent;

(c) Political advertising that makes either directly or

indirectly, a false claim stating or implying the support or

endorsement of any person or organization when in fact the

candidate does not have such support or endorsement.

(2) Any violation of this section shall be proven by clear and

convincing evidence. [1999 c 304 § 2; 1988 c 199 § 2j 1984 c 216

§ 3.]

NOTES:

Finding--Intent--1999 c 304: "(1) The Washington supreme

court in a case involving a ballot measure, State v. 119 Vote No!

Committee, 135 Wn.2d 618 (1998), found the statute that prohibits

persons from sponsoring, with actual malice, political advertising

containing false statements of material fact to be invalid under

the First Amendment to the United States Constitution.

(2) The legislature finds that a review of the opinions

indicates that a majority of the supreme court may find valid a

statute that limited such a prohibition on sponsoring with actual

malice false statements of material fact in a political campaign to

statements about a candidate in an election for public office.

(3) It is the intent of the legislature to amend the current

law to provide protection for candidates for public office against

false statements of material fact sponsored with actual malice."

[1999 c 304 § 1.]

RCW 42.17.540 Responsibility for 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 ofa 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.]

RCW 42.17.550 Independent expenditure disclosure. A person

or entity other than a party organization making an independent

expenditur~ by mailing one thOusand or more ident£cal or nearly

identical cumulative pieces of political advertising in a single

calendar year shall, within two working days after the date of the

mailing, file a statement disclosing the number of pieces in the

mailing and an example of the mailed political advertising with the

election officer of the county or.residence for the candidate

supported or opposed by the independent campaign expenditure or, in

RCW (10/30/0 10:15) [ 83 ]
the case of an expenditure .made in support of or in opposition to

a ballot proposition, the county of residence for the person making

the expenditure. [1993c 2 § 23 (Initiative Measure No. 134,

approved November 3, 1992).J

CAMPAIGN CONTRIBUTION LIMITATIONS

RCW 42.17.610 Findings. The people of the state of

Washington find and declare that:

(1) The financial strength of certain individuals or

organizations should not permit them to exercise a disproportionate

or controlling influence on the election of candidates.

(2) Rapidly increasing political campaign costs have led many

candidates to raise larger percentages of money from special

interests with a specific financial stake in matters before state

government. This has caused the public perception that decisions

of elected officials are being improperly influenced by monetary

contributions.

(3) Candidates are raising less money in small contributions

from individuals and more money from special interests. This has

created the public perception that individuals have an

insignificant role to play in the political process. [1993 c 2 §

1 (Initiative Measure No. 134, approved November 3, 1992).J

c

RCW 42.17.620 Intent. By limiting campaign contributions,

the people intend to:

(I) Ensure that individuals and interest groups have fair. and

equal opportunity to influence elective and governmental processes; 0'

(2) Reduce the influence of large organizational contributors;

and

(3) Restore public trust in governmental institutions and the

electoral process. [1993' c 2 § 2 (Initiative Measure No. 134,

approved November 3, 1992).J

RCW 42.17.640 Limits specified--Exemptions. (I) No person,

other than a bona fide political party or a caucus political

committee, may make contributions to a candidate for a state

legislative office that in the aggregate exceed *five hundred

dollars or to a candidate for a state office other than a state

legislative office that in the aggregate exceed *one thousand

dollars for each election in which the candidate is on the ballot

or appears as a write-in candidate. Contributions made with

respect to a primary may not be made after the date of the primary.

Contributions made with respect to a general election may not be

made after 'the final day of the applicable election cycle. .

(2) No person, other than a bona fide political party or a

caucus political committee, may make contributions to a state

official against whom recall charges have been filed,' or to a

political committee having the expectation of making expenditures

in support of the recall of the state official, during a recall

campaign that in the aggregate exceed *five hundred dollars if for

a state legislative office or *one thousand dollars if for a state U·

office other than a state legislative office. .

RCW (10/30/0 10:15) [ 84 J
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(3) (a) Notwithstanding subsection (1) of this section, no bona

fide political party or caucus political committee may make

contributions to a candidate during an election cycle that in the

aggregate exceed (i) *fifty cents multiplied by the number of

eligible registered voters in the jurisdiction from which the

candidate is elected if the contributor is a caucus political

committee or the governing body of a state organization, or (ii)

*twenty-five cents multiplied by the number of registered voters in

the jurisdiction from which the candidate is elected if the

contributor is a county central committee or a legislative district

committee.

(b) No candidate may accept contributions from a county

central committee or a legislative district committee during an

election cycle that when combined with contributions from other

county central committees or legislative district committees would

in the aggregate exceed *twenty-five cents times the number of

registered voters in the jurisdiction from which the candidate is

elected.

(4) (a) Notwithstanding subsection (2) of this section, no bona

fide political party or caucus political committee may make

contributions to a state official against whom recall charges have

been filed, or to a political committee having the expectation of

making expenditures in support of the state official, during a

recall campaign that in the aggregate exceed (i) *fifty cents

multiplied by the number of eligible registered voters in the

jurisdiction entitled to recall the state official if the

contributor is a caucus political committee or the governing body

of a state organization, or (ii) *twenty-five cents multiplied by

the number of registered voters in the jurisdiction from which the

candidate is elected if the contributor is a county central

committee or a legislative district committee.

(b) No state official against whom recall charges have been

filed, no authorized committee of the official, and no political

committee having the expectation of making expenditures in support

of the recall of a state official may accept contributions from a

county central committee or a legislative district committee during

an election cycle that when combined with contributions from other

county central committees or legislative district committees would

in the aggregate exceed *twenty-five cents muitiplied by the number

of registered voters in the jurisdiction from which the candidate

is elected.

(5) For purposes of determining contribution limits under

subsections (3) and (4) of this section, the number of eligible

registered voters in a jurisdiction is the number at the time of

the most recent general election in the jurisdiction.

(6) Notwithstanding subsections (1) through (4) of this

section, no person other than an individual, bona fide political

party, or caucus political committee may make contributions

reportable under this chapter to a caucus political committee that

in the aggregate exceed *five hundred dollars in a calendar year or

to a bona fide political party that in the aggregate exceed *two

thousand five hundred dollars in a calendar year. This subsection

does not apply to loans made in the ordinary course of business~

(7) For the purposes of RCW 42.17.640 through 42.17.790, a

contribution to the authorized political committee of a candidate,

or of a state official against whom recall charges have been filed,

is considered to be a contribution to the candidate or state

official.

RCW (10/30/0 10:15) [ 85 ]
this

this

this

this

(8) A contribution received within the twelve-month period

after a recall election concerning a state office is considered to

be a contribution during that recall campaign if the contribution

is used to pay a debt or obligation. incurred to influence the

outcome of that recall campaign.

(9) The contributions allowed by subsection (2) of

section are in addition to those allowed by subsection (1) of

section, and the contributions allowed by subsection (4) of

section are in addition to those allowed by subsection (3) of

section.

(10) RCW 42.17.640 through 42.17.790 apply to a special

election conducted to fill a vacancy in a state office. However,

the contributions made to a candidate or received by a candidate

for a primary or special election conducted to fill such a vacancy

shall not be counted toward any of the limitations that apply to

the candidate or to contributions made to the candidate for any

other primary or election.

(11) Notwithstanding the other subsections of this section, no

corporation or business entity not doing business in Washington

state, no labor union with fewer than ten members who reside in

Washington state, and no political committee that has not received

contributions of ten dollars or more from at least ten persons

registered to vote in Washington state during the preceding one

hundred eighty days may make contributions reportable under this

chapter to a candidate, to a state official against whom recall

charges have been filed, or to a political committee having the

expectation of making expenditures in support of the recall of the

official. This subsection does not apply to loans made in the

ordinary course of business.

(12) Notwithstanding the other .subsections of this section, no

county central committee or legislative district committee may make

contributions reportable under this chapter to a candidate, state

official against whom recall charges have been filed, or political

committee having the expectation of making expenditures in support

of the recall of a state official if the county central committee

or legislative district committee is outside of the jurisdiction

entitled to elect the candidate or recall the state official.

(13) No person may accept contributions that exceed the

contribution limitations provided in this section.

(14) The following contributions are exempt from the

contribution limits of this section:

(a) An expenditure or contribution earmarked for voter

registration, for absentee ballot information, for precinct

caucuses, for get-out-the-vote campaigns, for precinct judges or

inspectors, for sample ballots, or for ballot counting, all without

promotion of or political advertising for individual candidates; or

(b) An· expenditure by a political· committee for its own

internal organization or fund raising without direct association

with individual candidates. [1995 c 397 § 20; 1993 c 2 § 4

(Initiative Measure No. 134, approved November 3, 1992).1

NOTES:

*Reviser's note: The monetary amounts in this section have

been adjusted for inflation by rule of the commission adopted under

the authority of RCW 42.17.690. For current dollar amounts, see

chapter 390-05 of the Washington Administration Code (WAC).

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RCW 42.17.650 Attribution and aggregation of family

contributions. (1) Contributions by a husband and wife are

considered separate contributions.

(2) Contributions by unemancipated children under eighteen

years of age are considered contributions by their parents and are

attributed proportionately to each parent. Fifty percent of the

contributions are attributed to each parent or, in the case of a

single custodial parent, the total amount is attributed to the

parent. [1993 c 2 § 5 (Initiative Measure No. 134, approved

November 3, 1992).J

RCW 42.17.660 Attribution of contributions by controlled

entities. For purposes of this chapter:

(1) A contribution by a political committee with funds that

have all been contributed by one person who exercises exclusive

control over the distribution of the funds of the political

committee is a contribution by the controlling person.

(2) Two or more entities are treated as a single entity if one

of the two or more entities is a subsidiary, branch, or department

of a corporation or a local unit, branch, or affiliate of a trade

association, labor union, or collective bargaining association.

All contributions made by a person or political committee whose

contribution or expenditure activity is financed, maintained, or

controlled by a trade association, labor union, collective

bargaining organization, or the local unit of a trade association,

labor union, or collective bargaining organization are considered

made by the same person or entity. [1993 c 2 § 6 (Initiative

Measure No. 134, approved November 3, 1992).J

RCW 42.17.670 Attribution of contributions general1y--

"Earmarking." All contributions made by a person or entity, either

directly or indirectly, to a candidate, to a state official against

whom recall charges have been filed, or to a political committee,

are considered to be contributions from that person or entity to

the candidate, state official, or political committee, as are

contributions that are in any way earmarked or otherwise directed

through an intermediary or conduit to the candidate, state

official, or political committee. For the purposes of this

section, "earmarked" means a designation, instruction, or

encumbrance, whether direct or indirect, expressed or implied, or

oral or written, that is intended to result in or does result in

all or any part of a contribution being made to a certain candidate

or state official. If a conduit or intermediary exercises any

direction or control over the choice of the recipient candidate or

state official, the contribution is considered to be by both the

original contributor and the conduit or intermediary. [1993 c 2 §

7 (Initiative Measure No. 134, approved November 3, 1992).J

RCW 42.17.680 Limitations on employers or labor

organizations. (1) No employer or labor organization may increase

the salary of an officer or employee, or give an emolument to an

officer, employee, or other person or entity, with the intention

that the increase in salary, or the emolument, or a part of it, be

contributed or spent to support or oppose a candidate, state

RCW (10/30/0 10:15) [ 87 J
official against whom recall charges have been filed, political

party, or political committee.

(2) No employer or labor organization may discriminate against

an officer or employee in the terms or conditions of employment for

(a) the failure to contribute to, (b) the failure in any way to

support or oppose, or (c) in any way supporting or opposing a

candidate, ballot proposition, political party, or political

committee.

(3) No employer or other person or entity responsible for the

disbursement of funds in payment of wages or salaries may withhold

or divert a portion of an employee's wages or salaries for

contributions to political committees or for use as political

contributions except upon the written request of the employee. The

request must be made on a form. prescribed by the commission

informing the employee of the prohibition against employer and

labor organization discrimination described in subsection (2) of

this section. The request is valid for no more than twelve months

from the date it is made by the employee.

(4) Each person or entity who withholds contributions under

subsection (3) of this section shall maintain open for public

inspection for a period of no less than three years, during normal

business hours, documents and books of accounts that shall include

a copy of each employee's request, the amounts and dates funds were

actually withheld, and the amounts and dates funds were transferred

to a political committee. Copies of such information shall be

delivered to the commission upon request. [1993 c 2 § 8

(Initiative Measure No. 134, approved November 3, 1992).J

RCW 42.17.690 Changing monetary limits. At the beginn~ng of

each even-numbered calendar year, the commission shall increase or

decrease all dollar amounts in this chapter based on changes in

economic conditions as reflected in the inflationary index used by

the commission under RCW 42.17.370. The new dollar· amounts

established by the commission under this section shall be rounded

off by the commission to amounts as judged most convenient for

public understanding and so as to be within ten percent of the

target amount equal to the base amount provided in this chapter

multiplied by the increase in the inflationary index since December

3, 1992. [1993 c 2 s 9 (Initiative Measure No. 134, approved

November 3, 1992).J .

RCW 42.17.700 Contributions before December 3, 1992.

Contributions made and received before December 3, 1992, are

considered to be contributions under RCW 42.17.640 through

42.17.790. Monetar~ contributions that exceed the contribution

limitations and that have not been spent by the recipient of the

contribution by December 3, 1992, must be disposed of in accordance

with RCW 42.17.095. [1993 c 2 § 10 (Initiative Measure No. 134,

approved November 3, 1992).J

RCW 42.17.710. Time limit for state official to solicit or

accept contributions. During the period beginning on the thirtieth

day before the date a· regular. legislative session convenes and Co )

continuing thirty days past the date of final adjournment, andduring the period beginning on the date a special legislative··-

RCW (10/30/0 10:15) [ 88 1
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session convenes and continuing through the date that session

adjourns, no state official or a person employed by or acting on

behalf of a state official or state legislator may solicit or

accept contributions to a public office fund, to a candidate or

authorized committee, or to retire a campaign debt. [1993 c 2 § 11

(Initiative Measure No. 134, approved November 3, 1992).J

RCW 42.17.720 Restriction on loans. (1) A loan is considered

to be a contribution from the lender and any guarantor of the loan

and is subject to the contribution limitations of this chapter.

The full amount of the loan shall be attributed to the lender and

to each guarantor.

(2) A loan to a candidate for public office or the candidate's

political committee must be by written agreement.

(3) The proceeds of a loan made to a candidate for public

office:

(a) By a commercial lending institution;

(b) Made in the regular course of business; and

(c) On the same terms ordinarily available to members of the

public, are not subject to the contribution limits of this chapter.

[1995 c 397 § 22; 1993 c 2 § 12 (Initiative Measure No. 134,

approved November 3} 1992).J

RCW 42.17.730 Contributions on behalf of another. (1) A

person, other than an individual, may not be an intermediary or an

agent for a contribution.

(2) An individual may not make a contribution on behalf of

another person or entity, or while acting as the intermediary or

agent of another person or entity, without disclosing to t.he

recipient of the contribution both his or her full name, street

address, occupation, name of employer, if any, or place of business

if self-employed, and the same information for each contributor for

whom the individual serves as intermediary or agent. [1993 c 2 §

13 {Initiative Measure No. 134, approved November 3, 1992).J

RCW 42.17.740 -Certain contributions required to be by written

instrument. (1) A person may not make a contribution of more th~n

*fifty dollars, other than an in-kind contribution, except by a

written instrument containing the name of the donor and the name of

the payee.

(2) A political committee may not make a contribution, other

than in-kind, except by a written instrument containing the name of

the donor and the name of the payee. [1995 c 397 § 23; 1993 c 2 §

14 {Initiative Measure No. 134, approved November 3, 1992).J

NOTES:

*Reviser's note: The dollar amounts in this section have been

adjusted for inflation by rule of the commission adopted under the

authority of RCW 42.17.690. For current dollar amounts, see

chapter 390-05 of the Washington Administrative Code (WAC) .

RCW 42.17.750 Solicitation of contributions by public

officials or employees. (I) No state or local official or state or

RCW (10/30/0 10:15) [ 89 J
local official's agent may knowingly solicit, directly or

indirectly, a contribution to a candidate for public office,

political party, or political committee from an employee in the

state or local official's agency.

(2) No state or local official or public employee may provide 0...

an advantage or disadvantage to an employee or applicant for

emploYment in the classified civil service concerning the

applicant's or employee's:

(a) EmploYment;

(b) Conditions of emploYment; or

(c) Application for emploYment,

based on the employee's or applicant's contribution or promise to

contribute or failure to make a contribution or contribute to a

political party or political committee. [1995 c 397 § 24; 1993 c

2 § 15 (Initiative Measure No. 134, approved November 3, 1992).]

RCW 42.17.760 Agency shop fees as contributions. A labor

organization may not use agency shop fees paid by an individual who

is not a member of the organization to make contributions or

expenditures to influence an election or to operate a political

committee, unless affirmatively authorized by the individual.

[1993 c 2 § 16 (Initiative Measure No. 134, approved November 3,

1992) .]

RCW 42.17.770 Solicitation of endorsement fees. A person may

not solicit from a candidate for public office, political

committee, political party, or other person money or other property

as a condition or consideration for an endorsement, article, or

other communication in the news media promoting or opposing a

candidate for public office, political committee, or political

party. [1995 c 397 § 25; 1993 c 2 § 17 (Initiative Measure No.

134, approved November 3, 1992).]

RCW 42.17.780 Reimbursement for contributions. A person may

not, directly or indirectly, reimburse another person for a

contribution to a candidate for public office, political committee,

or political party. [1995 c 397 § 26; 1993 c 2 § 18 (Initiative

Measure No. 134, approved November 3, ·1992).-]

o

RCW 42.17.790 Prohibition on use of contributions for a

different office. (1) Except as provided in subsection (2) of this

section, a candidate for public office or the candidate's political

committee may not use or permit the use of contributions, whether

or not surplus, solicited for or received by the candidate for

public office or the candidate's political committee to further the

candidacy of the individual for an office other than the office

designated on the statement of organization. A contribution

solicited for or received on behalf of the candidate for public

office is considered solicited or received for the candidacy for

which the individual is then a candidate if .the contribution is

solicited or received before the general elections for which the

candidate for public office isa nominee or is unopposed. (;

(2) With the written approval of the contributor, a candidate ~/

for public office or the candidate's political committee may use or

RCW (10/30/0 10:15) [ 90 ]
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permit the use of contributions, whether or not surplus, solicited

for or received by the candidate for public office or the

candidate's political committee from that contributor to further

the candidacy of the individual for an office other than the office

designated on the statement of organization. If the contributor

does not approve the use of his or her contribution to further the

candidacy of the individual for an office other than the office

designated on the statement of organization at the time of the

contribution, the contribution must be considered surplus funds and

disposed of in accordance with RCW 42.17.095. [1995 c 397 § 27;

1993 c 2 § 19 (Initiative Measure No. 134, approved November 3,

1992) .J

TECHNICAL PROVISIONS

RCW 42.17.900 Effective date--1973 c 1. The effective date

of this act shall be January 1, 1973. [1973 c 1 § 49 {Initiative

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

RCW 42.17.910 Severability--1973 c 1. If any provision of

"this act or its application to any person or circumstance is held

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

provision to other persons or circumstances is not affected. [1973

c 1 § 46 {Initiative Measure No. 276, approved November 7, 1972).J

RCW"42.17.911 Severability--1975 1st ex.s. c 294. If any

provision of this 1975 amendatory act, or its application to any

person or circumstance is held invalid, the remainder of the act,

or the application of the provision to other persons or

circumstances is not affected. [1975 1st ex.s. c 294 § 29.]

RCW 42.17.912 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.J

RCW 42.17.920 Construction--1973 c 1. The provisions of this

act are to be liberally construed to effectuate the policies and

purposes of this act. In the event of conflict between the

provisions of this act and any other act, the provisions of this

act shall govern. [1973 c 1 § 47 (Initiative Measure No. 276,

approved November 7, 1972).]

RCW 42.17.930 Chapter, section headings not part of law.

Chapter and section captions or headings.as used in this act do not

constitute any part of the law. [1973 c 1 § 48 (Initiative Measure

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

RCW (10/30/0 10:15) [ 91 ]
RCW 42.17.940 Repea1er--1973 c 1. Chapter 9, Laws of 1965,

as amended by section 9, chapter 150, Laws of 1965 ex. sess., and

RCW 29.18.140; and chapter 131, Laws of 1967 ex. sess. and RCW

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

2nd Ex. Sess.) and Referendum Bill No. 24; and chapter 98, Laws of

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

hereby repealed. [1973 c 1 § 50 (Initiative Measure No. 276,

approved November 7, 1972).]

RCW 42.17.945 Construction--1975- '76 2nd ex.s. c 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.]

RCW 42.17.950 Captions. Section captions and part headings

used in this act do not constitute any part of the law. [1993 c 2

§ 34 (Initiative Measure No. 134, approved November 3, 1992).]

RCW 42.17.955 Short tit1e--1993 c 2. This act may be known

and cited as the Fair Campaign Practices Act. [1993 c 2 § 36

(Initiative Measure No. 134, approved November 3, 1992).]

RCW 42.17.960 Effective date--1995 c 397. Sections 1 through

32, 34, and 37 of this act are necessary for the immediate

preservation of the public peace, health, or safety, or support of t

the state government and its existing public institutions, and '-".

shall take effect July 1, 1995. [1995 c 397 § 35.]

RCW 42.17.961 Captions--1995 c 397. Captions as used in

chapter 397, Laws of 1995 constitute no part of the law. [1995 c

397 § 37.]

RCW 42.17.962 Severabi1ity--1995 c 397. 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. [1995

c 397 § 38.]

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