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# VOLUME4

Titles37through44

2000

REVISEDCODEOFWASHINGTON

Publishedundertheauthorityofchapter1.08 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--pi)

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• REVISED

### CODEOFWASHINGTON



### 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 currentspecificationsof the committee. 

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JOHN G. SCHULTZ, Chair, STATUTELAWCOMMITTEE

[Preface-piiI (2000 Ed.)

# • CHAPTER 42.17 RCW

DISCLOSURE--CAMPAIGNFINANCES--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 

# • Declaration ofpolicy. Definitions.

CAMPAIGN FINANCING Applicability--Exceptions. Statement oforganizationby 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--Whenpermitted. Use ofpublic funds for political purposes. Forbids use ofpublic office or agency facilities in campaigns. Exemption from RCW 42.17.130. Earmarked contributions.

LOBBYISTREPORTING Registration of lobbyists. Photograph and information--Booklet--Publication. Exemption from registration. Reportingby 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 JREPORTING OFPUBLIC OFFICIALS' FINANCIALAFFAIRS 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 ofunregisteredpersons

.. 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 ofpayment prohibited--Exception. Public office fund--What constitutes, restrictions

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

REPORTING BY PUBLIC TREASURERS

Public accounts ofgovernmental entities heldby financial institutions--Statements and reports-- Contents--Filing.

PUBLIC RECORDS Duty to publishprocedures. Construction. Invasion ofprivacy, when. Disclaimer ofpublic liability. Documents and indexes to be made public. Facilities for copying--Availability ofpublic records. Times for inspection and copying. Protection ofpublic records--Public access. Destruction of information relating to employee misconduct. Charges for copying. Otherprovisions not superseded. Certainpersonal and other records exempt. Duty to disclose orwithhold 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 obtainedby colleges, universities, libraries, or archives exempt. Certain records of impairedphysicianprogram exempt. Information on commercial fertilizer distribution exempt. Information on concealedpistol licenses exempt. Certain records of department of community, trade, and economic development exempt. Identity of childvictims of sexual assault exempt. Infant mortality review. Identification ofviators regulatedby the insurance commissioner exempt. Insurance antifraudplans exempt. 

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

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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 certainmaterial transactions exempt. Fireworks records exempt. Agricultural business and commodity commission records exempt. Business information gatheredunder certain regulatory activities exempt

.

.American ginseng growers or dealers--Certain information exempt. UniformDisciplinaryAct 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
programplan. Service contract providers--Financial reports exempt. Prompt responses required. Review of agency denial. Court protection ofpublic**records~** Judicial review of agency actions. Application ofRCW 42.17.340. Explanatorypamphlet.

ADMINISTRATIONAND 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--Determinationby commission--Procedure. Procedure uponpetition for enforcement oforder of commission--Court's orderof enforcement. Enforcement. Suspension, reapplication ofreporting requirements in small political subdivisions. Limitation on actions. Date ofmailing deemeddate ofreceipt--Exceptions-- Electronic filings. Certification ofreports. Statements and reports public records. Duty to preserve statements and reports. Access to reports--Legislative intent. Access goals. Access performance·measures. Information technologyplan--Contents

. Information technologyplan--Consultation.

RCW (10/30/0 10:15) [ 3 ],

## - 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 technologyplan--Submission. Access performance reports.
POLITICALADVERTISING

Definitions. Identification of sponsor--Exemptions. Picture of candidate. False political advertising. Responsibility for compliance. Independent expenditure disclosure.

CAMPAIGN CONTRIBUTIONLIMITATIONS 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 bywritten instrument. Solicitation of contributions bypublic officials or employees.

. Agency shop fees as contributions. Solicitation of endorsement fees. Reimbursement for contributions. Prohibition on use of contributions for a different office.

TECHNICALPROVISIONS

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 oflaw. 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 healthplan records: RCW 70.47.150.

Boundary changes, factual informationon: RCW 35.21.890.

RCW (10/30/0 10:15) 4 ]

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• Family andchildren's ombudsman: RCW 43.06A.050.

Heatingoil pollution liabilityprotectionact, certain information exempt from chapter 42.17 RCW: RCW 70.149.090

.
Private andconfidential information--Requests for disclosure: RCW 50.13.015.

secretaryof state, materials specificallyauthorizedto beprinted anddistributedby: RCW 43.07.140.

RCW 42.17.010 Declaration ofpolicy. 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 electedrepresentatives at all levels ofgovernment the utmost of. integrity, honesty, and fairness in their dealings. (3) That the people shall be assured that the private financial dealings oftheirpublic officials, andofcandidates for those offices, present no conflict of interest between the public
trust andprivate interest. (4) That our representative form ofgovernment is founded on

a belief that those entrustedwith the offices ofgovernment 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 andmust bepromotedby all possible means. (6) That public confidence in government at all levels can best be sustained by assuring the people of the impartiality and honestyofthe officials in all public transactions and decisions. (7) That the concept of attempting to increase financial participationofindividual contributors inpolitical 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 ofdisclosure andlimitationofelection campaign financing are established by the passage of.the Federal Election CampaignAct of 1971 by the Congress oftheUnitedStates, 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 electedofficials andcandidates far outweighs anyright that these
matters remain secret andprivate. (11) That, mindful ofthe right of individuals to privacy and ofthe desirabilityofthe efficient administration ofgovernment, full access to information concerning the conduct ofgovernment on every level must be assured as a fundamental and necessary preconditionto the sound governance of a free s6ciety.

RCW (10/30/0 10:15) [ 5 ]

### Theprovisions ofthis chapter shallbe liberallyconstruedto promote complete disclosure of all information respecting the financing ofpolitical 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 suchcompletedisclosure, however, this chapter shall be enforced so as to insure that the informationdisclosedwillnot be misused for arbitrary and capricious purposes and to insure that all persons reporting under this chapter will be protected from harassment andunfoundedallegations basedon information theyhave freely disclosed. [1975 1st ex.s. c 294 § 

### 1i 

### 1973 c 1 § 

### 1 (Initiative MeasureNo. 276, approvedNovember 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, oragencythereof, orotherlocalpublic agency. (2) "Authorized committee" means the political committee authorizedby a candidate, orby the public official against whom recall charges have been filed, to accept contributions or make expenditures onbehalfofthe candidate orpublic official. (3) "Ballotproposition" means any "measure" as definedbyRCW 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 constituencyfromandafterthe time when the propositionhas been initially filed with the appropriate election officer of that constituencyprior to its circulation for signatures. (4) "Benefit" means a commercial, proprietary, financial, economic, ormonetaryadvantage, orthe avoidance ofa commercial, proprietary, financial, economic, ormonetarydisadvantage. (5) "Bona fide political party" means: (a) An 

### organization that has filed a valid certificate of nomination with the secretaryof 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 onbehalfofthe 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 eachparty ineach legislative district. (6) "Depository" means a bank designated by a candidate or political committeepursuant 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, toperformthe duties specified in that section. (8) "Candidate" means any individual who seeks nomination for election or election to public office. An 

### individual seeks nomination orelectionwhen he or she first: 

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• (a) Receives contributions ormakes expenditures or reserves space orfacilities with intent topromotehis orhercandidacy for office; (b) Announces publicly or files for office; (c) Purchases commercial advertising space orbroadcast time
to promote his orher candidacy; or (d) Gives his or her consent to another person to take on behalfofthe individual any ofthe actions in (a) or (c) of this subsection. (9) "Caucus political committee" means a political committee organizedandmaintainedbythe members of a majorpolitical party in the state senate or state house of representatives. (10) "Commercial advertiser",means any person who sells the service ofcommunicatingmessages orproducingprintedmaterial for broadcast ordistribution 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 orpersonalproperty

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 incurredwhile 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 anyparticularelection campaign. (14)(al "Contribution" includes: (i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transferof 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, orconcert with, or at the request or suggestionof,

a candidate, a political committee, or their agents; (iii) The financing by a person of the dissemination, distribution, orrepublication, inwhole or inpart, ofbroadcast, written, graphic, orother form ofpolitical advertising prepared by a candidate, a political committee, or its authorized agent; (iv) ,Sums paid for tickets to fund-raising events such as dinners andparties, 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) Ordinaryhome hospitality; (iii) A contribution received by a candidate or political committee that is returnedto the contributorwithin 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 schedulednews mediumthat is ofprimary 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 controlledby

a candidate or a political committee; (v) An 

### internal political communicationprimarily limited to the members oforcontributors to a politicalpartyorganizationor political committee, or to the officers, management staff, or 

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stockholders of a corporation or similar enterprise, or to the

. members ofa labor organization or othermembership organization; (vi) The rendering ofpersonal services ofthe sort commonly performed by volunteer campaign workers, or incidental expenses per.sonally incurredbyvolunteer campaignworkers 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 compensatedby anyperson; (vii) Messages in the formofreaderboards, banners, oryard

or window signs displayed on a person's own property or property occupiedbya person. However, a facility used for suchpolitical advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit ofthe personprovidingthe facility; (viii) Legal or accounting services rendered to oronbehalf 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 employerofthe 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 deemedto have a monetaryvalue equivalent to the fairmarket value ofthe contribution. Services orproperty or rights furnished at less than their fairmarketvalue for the purpose ofassisting any candidate orpolitical committee are deemed a contribution. Such

a contributionmust be reported as an in-kind contribution at its fair market value and cOunts towards any applicable contribution limit of the provider. (15) "Electedofficial" means anyperson elected at a general

or special election to anypublic office, and anyperson appointed
to fill a vacancy in any suchoffice. (16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submittedto thevoters: PROVIDED, That anelection in which the qualifications for voting include other than those requirements set forth inArticleVI, section 1 (Amendment 63) of the Constitutionofthe state ofWashington shall notbe considered

an election for purposes of this chapter. (17) "Election campaign" means any campaign in support ofor in oppositionto a candidate for election to public office and any campaign in support of, orinopposition.to, a ballotproposition. (18) "Electioncycle" means theperiodbeginningon 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 30thafterthe nextelection for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means theperiodbeginningon the qaythe vacancyoccurs and ending onNovember 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, oratransferof anything ofvalue in exchange for goods, services, property, facilities, oranythingofvalue for the
purpose ofassisting, benefiting, orhonoring anypublic official

orcandidate, 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 orpolitical committee of the principal ofa loan, the receipt ofwhich loan has beenproperly reported. (20) "Final report" means the report described as a final report inRCW 42.17.080(2). (21) "General electionll means the election that results inthe election of a person to a state office. It does not include a primary. (22) "Gift," is as defined inRCW 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, halfbrother, sister, or half sisterof the individual's spouse and the spouse of any such person. (24) "Independent expenditureII means an expenditure that has eachofthe following elements: (a) It is made in support ofor in opposition to a candidate for officebya personwho 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 tomake the expenditure, ifthe expenditurepays inwhole

or inpart for political advertising supporting that candidate or promoting the defeat ofany othercandidate or candidates for that office, or (iv) a personwith whomthe candidate has collaborated for thepurpose ofmaking the**exp~nditure,** if the expenditurepays 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 specificallynames 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 orotherexpenditures ofthe same person in support of

or opposition to that candidate, has a value of *five hundred dollars ormore. Aseries ofexpenditures, each ofwhich is under five hundred dollars, constitutes one independent expenditure if theircumulative value is five hundreddollars ormore. (25)(a) IIIntermediary" means an individual who transmits a contributionto a candidateorcommittee from anotherpersonunless the

.contribution is from the individual's employer, immediate

RCW (10/30/0 10:15) 9 ]family as defined forpurposes ofRCW 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) Aprofessional fund-raiser is not an intermediary ifthe 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 othermatters pending orproposed 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 passedboth houses, are pending approval by the governor. (27) "Lobby" and "lobbying" each mean attempting to influence thepassage ordefeat of any legislationby the legislature ofthe
state of Washington, or the adoption or rejection of any rule, standard, rate, orother legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's orother organization's act of communicating with the members of that association or organization. (28) "Lobbyist" includes anyperson who lobbies either in his

or herown or another's behalf. (29) "Lobbyist's employer" means thepersonorpersons bywhom

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 otherorganization orgroup of persons, however organized. (31) "Person in interest" means the person who is the subject of a recordor anyrepresentative designatedbythatperson, 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 largemeasure, theprocedures 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 orproprietary function prepared, owned, used, orretainedby any state orlocal agencyregardless of physical formorcharacteristics. Forthe 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 inRCW40.14.100 andalso means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; andanyotherrecorddesignateda public recordby any official action ofthe senate orthe house ofrepresentatives. (37) "Recall campaign" means the periodof 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 ofthe statehouse ofrepresentatives or the office of a memberof 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 ofpublic instruction, state auditor,

or state treasurer. (40) "State official" means a personwho holds a state office. (41) "Surplus funds" mean, in the case of a political committee orcandidate, the balanceofcontributions that remain in thepossessionorcontrol ofthat committee orcandidate subsequent
to the election forwhich the contributionswere received, and that

are in excess of the amount necessary to pay remaining debts incurredbythe committee orcandidate prior to that election. In the case ofa continuingpolitical committee, "surplus funds" mean those contributions remaining in the possession or control ofthe committee that are in excess of the amount necessary to pay all remaining debts when itmakes its final report underRCW 42.17.065. (42) "Writing" means handwriting, typewriting, printing, photostating, photographing, andeveryothermeans ofrecording any form ofcommunicationorrepresentation, 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 fromwhich informationmaybe obtainedor translated. As used in this chapter, the singular shall take the plural and anygender, 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 {InitiativeMeasure No. 276, approvedNovember 7, 1972).J

NOTES:

*Reviserrsnote: Thedollaramounts inthis sectionhavebeen adjustedfor inflationbyrule ofthe commission adoptedunder the authority of RCW 42.17.690. For current dollar amounts, see chapter 390-05 ofthe WashingtonAdministrative Code (WAC)

.

RCW (10/30/0 '10:15) [ 11 JLegislative intent--1990 c 139: "The provisions of this act whichrepeal the reporting requirements establishedbychapter 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 

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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 otherpersons or circumstances is
not affected." [1977 ex.s. c 313 § 8.]

CAMPAIGN FINANCING

RCW 42.17.030 Applicability--Exceptions. Theprovisions of this chapterrelating 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 

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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) Everypolitical committee, within two weeks after its organizationor, 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 andwith the county auditor or elections officer of the county in which the candidate resides, orin the case ofanyotherpolitical committee, the county in which the treasurer resides. Apolitical committee**C~',:** organizedwithin the last three weeks before anelection andhaving**~.** the expectation ofreceiving contributions ormaking 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 orotherpersons, and the nature of the relationship or affiliation; (c) The names, addresses, andtitles ofits officers; or ifit has no officers, the names, addresses, and titles of its responsible leaders; (d) The name and address of its treasurer and depository; (e) Astatement whether the committee is a continuing one; (f) The name, office sought, and party affiliation of each candidatewhomthe committee is supporting oropposing, and, ifthe committee is supporting the entire ticket ofanyparty, the name of the party; (g) Theballotproposition concerned, if any, andwhether the committee is in favor of or opposed to suchproposition; (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 duringwhich the committee will make available for public inspection its books ofaccount and all reports filed in accordance withRCW 42.17.080; and (j) Suchother information as the commissionmay byregulation prescribe, in keeping with the policies and purposes of this chapter

. (3) Any material change in informationpreviously submittedin

a statementoforganization shall be reportedto 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 MeasureNo. 276, approvedNovember 7, 1972).]

NOTES:

Effective date--1989 c 280: Seenote following RCW42.17.020.

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 otherpersons or circumstances is
not affected." [1977 ex.s. c 336 § 8.]

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

RCW42.17.050 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 officerthe 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) Abank, mutual savings bank, savings and loanassociation,

or creditunion doingbusiness 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 maydesignate notmore thanone additional depository ineachother 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) Acandidate 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 thatpurpose andall contributions are disbursed to and accounted for ona pro ratabasis bythebenefiting 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, orchange 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 countyelections officer. [1989 c 280 § 3; 1985 c 367 

## s 3; 1982 c 147 

## s 2; 1973 c 1 

## s 5 (Initiative Measure No. 276, approvedNovember 7, 1972).J

NOTES:

Effective date--1989 c 280: See note followingRCW42.17.020. 

# c



# o

RCW 42.17.060 Deposit of contributions--Investment-- Unidentified contributions--Cash contributions. (1) All monetary contributions receivedbya candidate orpolitical committee shall be depositedby the treasurer or deputy treasurer in a depository in an account established and designated for that purpose. Such deposits shallbemade within five business days ofreceipt of the contribution. (2) Political committees which support·oropposemore thanone 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 designationwhich accurately identifies its separatepurpose: AND PROVIDED FURTHER, That transfers of funds which must be reported under *RCW42.17.090(1)(d) maynot be made frommore than one such

account. 

# 0

(3) Nothing in this sectionprohibits a candidate orpolitical 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** similarinstruments in financial institutions ormutual funds other than the depository: PROVIDED, That the commission and the appropriate countyelections officer is notified in writing of the initiation and the termination of the investment: PROVIDED FURTHER, That the principal of such investment when terminated togetherwithall 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) Accumulatedunidentified contributions, other than those made by persons whose names must be maintained on a separate and private list by a political committee's treasurerpursuant to RCW 42.17.090(1)(b), which total in excess of one percent of the total accumulatedcontributions received in the current calendaryear or three hundred dollars (whichever is more), may not be deposited, used, or expended, but shall be returned to the donor, if his identity canbe 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) Acontributionofmore than fifty dollars in currencymay not be acceptedunless a receipt, signedby the contributor andby the candidate, treasurer, ordeputy treasurer, is preparedandmade

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: RCW42.17.090 was amendedby 1989 c 280 § 9, changing subsection (1)(d) to subsection (1)(e)

.

Effective date--1989 c 280: See note following RCW42.17.020.

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 suchoffice orheadquarters then inthe countyinwhich the committee treasurer resides a report on the tenth day of the monthdetailing its activities for the preceding calendarmonth 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 JThe report shallbe ona form shall include the following county auditororelections officer. supplied by the commission and information: (a) The information requiredbyRCW 42.17.090; (b) Each expenditure made to retire previously accumulated debts ofthe committee; identifiedby recipient, amount, anddate ofpaYments; (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 ofthe 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,.forwhichthe committee has receivedanycontributions or made any expenditures, the books of account shall be kept current within onebusiness 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 otherfinancial records ofthe campaignor political committee fornot less than five calendaryears 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: Seenote followingRCW42.17.020. 

# c



# o

RCW42.17.067 Fund-raising activities--Alternative reporting method. (1) Fund-raising activities which meet the standards of subsection (2) of this sectionmaybe reported in accordance with the provisions of this section in lieu of reporting in accordance withRCW 42.17.080. (2) Standards: (a) The activity consists ofone ormore ofthe following: (i) The retail sale of goods or services at a reasonable approximationofthe fairmarketvalue ofeachitemorservice sold
at the activity; or (ii) A gambling operation which is licensed, conducted, or operated in accordance withthe provisions of chapter 9.46 RCW; or (iii) A gathering where food and beverages are purchased, where the price.ofadmission or the food andbeverages is no more 

# ()I

than twenty-five dollars; or

_

RCW (10/30/0 iO:15) [ 16 ]

# •

•

• (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 ofitems donatedby anyperson for sale is no more than fifty dollars; and (b) Nopersonresponsible for receivingmoney 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 togetherwith the amount paidto 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 requiredunder 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) Aprecise description ofthe fund-raising methods used in the activity; and (c) The total amount of cash receipts from persons, each of whompaidno more than fifty dollars. (5) The treasurerordeputy 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 contributedof each person who contributes goods or services with a fair market value of more than fifty dollars to a fund-raising activity reportedunder subsection (4) ofthis section, and (b) the name and address of eachperson whose identity canbe 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 RCW42.17.020.

RCW42.17.070 Expenditures--Authorizationofand restrictions

on. No expenditures may be made or incurred by any candidate or political committee except onthe authorityofthe treasureror the candidate, and a record of all such expenditures shall be maintainedby the treasurer. No expenditure of more than fifty dollars may be made an currency unless a receipt, signed by the recipient and by the candidate or treasurer, is prepared and made a part of the campaign's orpolitical 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, approvedNovember 7, 1972).J

NOTES:

Effective date--1989 c 280: See note following RCW42.17.020. 

# c

RCW 42.17.080 Reporting of contributions and expenditures-- Inspection of accounts. (1) On the day the treasurer is designated, each candidate orpolitical committee shall file with the commission and the county auditor or elections officerofthe 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 or42.17.050, a report of all contributions receivedand 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 officerofthe 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 requiredbyRCW 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 primaryelection from: (i) A candidate whose name will appear on the subsequent general electionballot; or 

# 0

(ii) Any continuing political committee; and <,

## J (c) On the tenth day of eachmonth inwhichno otherreports

are required to be filed under this section: PROVIDED, That such report shall only be filed if the committee has received a contributionormade anexpenditure in theprecedingcalendarmonth and either the total contributions receivedor total expenditures made since the last such report exceed two hundreddollars. 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 ceasedto function andhas dissolved, the treasurer shall file

a final report. Upon submitting a final report, the duties ofthe
treasurer shall cease andthere 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 ofthe 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 ofthe endofthe

one business day before the date of the report. Reports filed on the tenth dayofthe month shall report all contributions received and expenditures made from the closing date of the last report filed through the last day of the monthpreceding the date ofthe
current report. (3) Fortheperiodbeginning the first dayofthe fourthmonth () preceding the date onwhichthe special orgeneral electionis held and ending onthe date ofthat election, each Friday the treasurer

RCW (10/30/0 10:15) [ 18 J

# •

•

• shall file withthe commissionandthe appropriate countyelections 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 contributedbyeachperson. However, contributions ofnomore than twenty-five dollars in the aggregate from anyone person may be deposited without identifying the contributor. A copy of the report shall be retainedby the treasurer for his orher records. In the event ofdeposits made bya deputytreasurer, the copy shall be forwarded to the treasurer for his orherrecords. Eachreport shall be certifiedas correctby the treasurer ordeputy treasurer making the deposit. (4) Ifa cityrequires that candidates or committees for city offices file reports witha city agency, the candidate ortreasurer

so filing neednot also file the report with the county auditor or elections officer. (5) The treasurerorcandidate shall maintainbooks ofaccount accurately reflecting all contributions and expenditures on a currentbasis 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 forpublic inspection as follows: (a) For at least two consecutive hours between 8:00**-a.m~** and 8:00 p.m. onthe eighthday immediatelybefore the election, except when it is a legal holiday, in which case on the seventh day immediatelybefore the election, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such otherplace as maybe authorizedby the commission; and (b) By appointment for inspections to be conducted at the designatedplace for inspections between 8:00 a.m. and 8:00p.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 andkeep 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 authorizedtime and day for such inspections that is within twenty-fourhours ofthe 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 transactionoccurred. (7) All reports filed pursuant to subsection (1) or (2) of this section shallbe certifiedas correctbythe candidate and the
treasurer. (8) Copies ofall reports filedpursuant to this section shall be readily available for public inspection for at least two consecutivehours Mondaythrough Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's
statement oforganization filed pursuant to RCW 42.17.040, at the principal headquarters or, if there is no headquarters, at the address ofthe treasurer or such otherplace as maybe 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 ofreports. [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 RCW42.17.020.

RCW 42.17.090 Contents of report. (1) Each report required underRCW 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, togetherwith themoneyvalue and date of such contributions and the aggregate value of all contributions received from each suchpersonduring 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 hundreddollars from anyone person neednot be reported: PROVIDED FURTHER, That the income which results from a fund-raising activity conductedin accordance withRCW42.17.067 maybe reported

as one lump sum, withthe 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 themoneyvalue ofcontributions ofpostage shall be the face value of suchpostage; (c) Each loan, promissory note, or security instrument tobe usedbyor for thebenefit of the candidate orpolitical committee made by any person, together with the names and addresses of the lender andeachperson liable directly, indirectly or contingently and the date and amount of each such loan, promissory note, or security instrument; (d) All othercontributions 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 ofeachpersontowhomanexpenditure

was made in the aggregate amount ofmore than fifty dollars during the period covered by this report, and the amount, date, and purpose ofeach suchexpenditure. Acandidate 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 tobe reported under (e) of this subsection;

RCW (10/30/0 10:15) [ 20 ]

# •

•

• 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 andpolitical committees neednot report information regarding expenditures under the categories listed in (i) through (iv) ofthis subsectionorunder similar such categories unless requiredto do soby the commissionbyrule. 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 orprocuring signatures on an initiative or referendumpetition, 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 reportedunder (f) of this subsection; (h) Thename and address ofanyperson and the amount owed for any debt, obligation, note, unpaid loan, or other liability in the
amount ofmore 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 ordeficit ofcontributions overexpenditures; (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 commissionbyrule inconformance withthe policies andpurposes of this chapter; and (I) Funds received from a political committee not otherwise required to report under this chapter (a "nonreportingcommittee")

. Suchfunds shall be forfeited to the state ofWashingtonunless the nonreporting committee has filed or within ten days following such receipt files with the commission a statement disclosing: (i) Its

name andaddress; (ii) the purposes of the nonreporting committee; (iii) the names, addresses, and titles of its officers orifit 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 anyparty, the name of the party; (v) the ballot proposition supported or opposed in the state of Washington, if any, andwhether such committee is in favor of oropposed to such proposition; (vi) the name and address of eachperson 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 inthe aggregate ofmore than twenty-five dollars to the nonreporting committee during the current calendar year, togetherwiththe moneyvalue and date of suchcontributions; (vii) the name andaddress of eachperson in the state ofWashington to whom an expenditure was made by the nonreporting committee on behalf of a candidate or political committee in the aggregate amount ofmore than fifty dollars, the amount, date, andpurpose of such expenditure, and the total sum of such expenditures; (viii) suchotherinformation as the commission mayprescribe byrule, 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 (InitiativeMeasureNo. 276, approved November 7, 1972).]

NOTES:

Severability--Effectivedate--1993 c 256: Seenotes following RCW 29.79.500.

Effectivedate--1989 c 280: See note following RCW42.17.020.

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,

RCW42.17.095 Disposal of surplus funds. The'surplus funds ofa candidate, or ofa 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 salaryor, whenthe candidate is not salaried,

as an amount not to exceed income' received by the candidate for services renderedduring an appropriate, corresponding timeperiod. All lost earnings incurred shall be documented anda recordthereof shall be maintainedby the candidate or the candidate's political committee. The committee shall include a copyof such recordwhen its'expenditure for suchreimbursement is reportedpursuant to RCW 42.17.090; (3) Transferthe surplus without limit to a politicalpartyor to a caucus political committee; (4) Donate the surplus to a charitable organizationregistered in accordance with chapter 19.09 RCW; (5) Transmit the surplus to the state treasurerfordeposit 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 campaignfor 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 orpublicly files for office, information as appropriate is reported to the commission**~n** accordance with RCW 42.17.040 through42.17.090. Ifa subsequent office is not sought the surplus held shall be disposed of in accordance with the requirements ofthis section. 

# o

()

RCW (10/30/0 10:15) [ 22]

# • (7) Holdthe surplus campaign funds in a separate account for nonreimbursedpublic office-relatedexpenses 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) Nocandidate or authorizedcommittee maytransfer funds to any othercandidate or otherpolitical 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



# •

• RCW42.17.100 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 ofor in opposition to any candidate orballot 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 communicationprimarily limited
to the contributors to a political party organization orpolitical action committee, or the officers, management staff, and stockholders ofa corporationor similarenterprise, orthe 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 personallypaid for by the worker. "Volunteer services," for the purposes ofthis section, means services or labor forwhich the individual is not compensatedby anyperson. (2) Within five days after the date ofmaking an independent expenditure that by itself or when added to all other such independent expenditures made during the same election campaignby the samepersonequals one hundred dollars ormore, orwithin five days afterthe date ofmaking an independent expenditure for which

no reasonable estimate ofmonetaryvalue is practicable, whichever

occurs first, thepersonwho made the independent expenditure shall file with the commission and the county :elections officer of the county of residence for the candidate supported oropposedby 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 campaignprior to and including such date. (3) At the following intervals eachpersonwho is required to file an initial report pursuant to subsection (2) of this section shall file with the commission and the county,elections officerof the county**ofre~idence** for the candidate supportedoropposedby the independent expenditure (or in the case of an expenditure made in support ofor inopposition 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 thepolicies andpurposes of

c 280 § 10; 1985 c 367 § 6;

c 112 § 4i 1973 c 1 § 10 November 7, 1972).J report of the independent expenditures made since the date ofthe last report: (a) Onthe twenty-first dayand the seventhdaypreceding the date onwhich the election is held; and (b) On the tenth day of the first month after the election; and (c) On the tenthday of eachmonth inwhichno otherreports

are required to be filed pursuant to this section. However, the further reports requiredbythis subsection (3) shall onlybe filed if the reportingperson has made an independent expenditure since the date ofthe last previous report filed. The report filed pursuant toparagraph (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 periodbeginning at the endofthe 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 daybefore the date the report is due: (a) The name and address ofthe person filing the report; (b) Thename and address ofeachperson towhoman independent expenditure was made in the aggregate amount of more than fifty dollars, and the amount, date, and purpose of each such expenditure. Ifnoreasonable estimate of the monetaryvalue ofa 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 sumofall independent expenditures made during the campaign to date; and (d) Such other information as commissionbyrule in conformancewith this chapter. [1995 c 397 § 28; 1989 1982 c 147 § 9; 1975-'76 2nd ex.s. (InitiativeMeasure No. 276, approved

NOTES:

Effective date--1989 c 280: See note followingRCW42.17.020. 

# c



# c

RCW 42.17.105 Special reports, late contributions or totals

over five hundred dol1ars-.-Certain late contributions prohibited. (1) Campaigntreasurers shallprepare anddeliverto the commission

a special report regarding any contribution or aggregate of contributions which: Exceeds five hundred dollars; is from.a singlepersonorentity; and is receivedduring a special reporting period.

. Any political.committeemakinga 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 ifthe contributionor aggregate ofcontributions 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 intervalbeginning aftertheperiodcoveredby 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 daybefore 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 reportingperiodormade bythe contributingpolitical committee to

a single entityduring anyone special reporting period. (2) Ifa campaigntreasurer files a special report under this section foroneormore contributions received from a single entity during a special reportingperiod, the treasurer shall also file a special reportunderthis section for each subsequent contribution of any size which is received from that entity during the special reportingperiod. Ifa 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 asprovided 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, ornightletter. The special report required of

a contributionrecipient by subsection (1) ofthis section shall be delivered to the commission within forty-eight hours of the time,

oronthe first'working day after: The contributionexceeding five hundred dollars is received by the candidate or treasurer; the aggregate receivedby the candidate ortreasurer 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 whomthe contribution or contributions are made, withintwenty-fourhours ofthe time, oron the first working day after: The contribution is made; the aggregate of contributions made first exceeds five hundred dollars; or the subsequent contributionthatmust be reportedunder subsection (2) ofthis section is made. (4) The special reportmaybe transmittedorallyby telephone
to the commission to satisfy the delivery period required by subsection (3) ofthis section ifthe written form ofthe 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 ofthe contribution or contributions; (b) The date ordates of receipt; (c) The name and address of the donor; (d) The name and address of the recipient; and (e) Any otherinformation the commissionmay by rule require. (6) Contributions reported under this section shall also be reported as requiredby otherprovisions 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 andRCW42.17.175. (8) It is a violationofthis chapter for anyperson tomake,

or for any candidate orpolitical 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 orexceeding five thousand dollars for any other campaign subject to the provisions of this chapterwithin twentyone days ofa 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:

Effectivedate--1989 c 280: See note following RCW42.17.020.

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 periodofno less than threeyears after the date of the applicable election, during normal business hours, 

# o.

documents andbooks of account which shall specify: (a) The names and addresses ofpersons from whomit 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 2ndex.s. c 112 § 5; 1973 c 1 § 11 (Initiative Measure No. 276, approvedNovember 7, 1972).]

RCW 42.17.120 Identification of contributions and communications. No contribution shall be made andno expenditure shall be incurred, directly or indirectly, in a fictitious name, anonymously, orbyone person through an agent, relative, orother person in sucha manneras to conceal the identityofthe source of the contribution or in any other manner so as to effect concealment. [1975 1stex.s. c 294 § 8; 1973 c 1 § 12 (Initiative Measure No. 276, approvedNovember 7, 1972).]

RCW42.17.125 Personaluse ofcontributions--Whenpermitted. 

# C")

Contributions received and reported in accordance with RCW 42.17.060 through 42.17.090 mayonlybe transferredto 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 foror loans to coverlost earnings incurred

as a resultofcampaigningor services performed for the political committee. Such lost earnings shall be verifiable as unpaid salary, orwhenthe 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 documentedanda recordthereof 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 RCW42.17.090. (2) Reimbursement for direct out-of-pocket election campaign andpostelectioncampaignrelated 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 informationwhen its expenditure for suchreimbursement is reported pursuant to RCW42.17.090. (3) Repayment of loans made by the individual to political committees, which repayment shall be reported pursuant to RCW 42.17.090. However, contributions maynot be used to reimburse a candidate for loans totalingmore than *three thousanddollars made by the candidate to the candidate I

### s own political committee or campaign. [1995 c 397 § 

### 29; 1993 c 2 § 

### 21 (Initiative MeasureNo. 134, approvedNovember 3, 1992); 1989 c 280 § 

### 12; 1985 c 367 § 

### 7; 1977 ex.s. c 336 § 

### 6.]

NOTES:

*Reviser's note: 

### The dollaramounts inthis section·havebeen adjusted for inflationbyrule ofthe commission adoptedunder the authority of RCW 42.17.690. For current dollar amounts, see chapter 390-05 oftheWashingtonAdministrative Code (WAC).

Effective date--1989 c 280: 

### Seenote followingRcW42.17.020.

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

anyother sources, shall notbeusedto finance political campaigns for state orlocal office. [1993 c 2 § 

### 24 (Initiative MeasureNo. 134, approvedNovember 3, 1992).]

RCW 42.17.130 Forbids use of public office or agency facilities incampaigns. 

### Noelective official nor any employee of his office nor anyperson appointed to or employedby 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 thepurpose ofassisting

# acampaign for election of anyperson to any office or for the promotion oforopposition to any ballot

RCW (10/30/0 10:15) [ 27 ]proposition. Facilities ofpublic office or agency include, but

are not limited to, use of stationery, postage, machines, and equipment, use ofemployees ofthe office or agency duringworking 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 bymembers of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, orto support oroppose a ballotproposition 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 anyballotproposition at an openpress 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 disposedofas ifchapter 154, Laws

were not enactedand 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 orpolitical committee shall: (1) Report the contribution as required in RCW 42.17.080 and 42.17.090; (2) Complete a report, entitled "Earmarkedcontributions," on

a formprescribedby the commissionby rule, which identifies the

name and address of the person who made the contribution, the candidate orpolitical committee forwhosebenefit the contribution is earmarked, the amount ofthe contribution, and the date onwhich the contribution was received; and ,(3) Notify the commission and the candidate or political ('\ committee for whose benefit the contribution is earmarkedregarding

, thereceipt 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 ofreceipt ofthe contribution. Acandidate orpolitical committee receiving notificationof

an earmarked contribution under subsection (3) of this section shall report the contribution, once the contributionis receivedby 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 followingRCW42.17.020.

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 muchhe is to be paid for expenses, andwhat expenses are to be reimbursed; (e) Whethertheperson fromwhomhe receives saidcompensation employs him solely as a lobbyist or whether he is a regular employeeperforming services forhis employerwhichincludebut are not limitedto 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 suchemplOYment; (h) The name andaddress of the personwho 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, ororganizations, the name and address of each member of such entity or person represented by such entity whose fees, dues, paYments, or other consideration paid to such entity during either of the prior two years have exceededfive hundred dollars orwho is obligatedto 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 frommore thanoneperson··forhis 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 inrespect tothe same legislationortype oflegislation is, or is

RCW (10/3D/0 10:15) [ 29 ]

### to be, paid or contributed to by more than one person then such lobbyist mayfile a single statement, in whichhe shall detail the
name,**b~siness** 

### address and occupation ofeachperson so paying or contributing, and the amount of the respective paYments or contributions made by each suchperson. ' (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 ofeachodd-numberedyear, and failure to do so shall terminate his registration. [1987 c 201 § 

### 1; 1982 c 147 § 

### 10; 1973 c 1 § 

### 15 (InitiativeMeasure No. 276, approvedNovember 7, 1972).]

.

RCW 42.17.155 Photograph and information--Booklet-- Publication. 

### Each lobbyist shall at the time he or she registers submit to the commissiona recent photograph ofhimself orherself 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 orheremploYment as a lobbyistbefore the legislature, a brief biographical description, and any other informationhe or she may wish to submit not to exceed fifty words in length. Such photograph andinformation shall be published at least biennially in a booklet formbythe commissionfor distribution to legislators andthepublic. [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 underRCW42.17.150, 42.17.170, and42.17.200: (1) Persons who limit their lobbying activities to appearing beforepublic sessions ofcommittees of the legislature, orpublic 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 orfeature reporting activities andeditorial 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 orpublic 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 obligationprovidedthey do not exceed the limits stated above. Anyperson exempt under this subsection (4) may at his or heroption register and report under this chapter; 

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# c

RCW (10/30/0 10:15) [ 30(5) Personswho restrict theirlobbying activities to no more than four days orparts thereof during any three-monthperiod and whose total expenditures during such three-monthperiod for or on behalf of anyone or more members of the legislature or state electedofficials orpublic 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 suchpersons ifit determines that suchregulations are necessary toprevent frustration ofthe purposes ofthis 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 prqvidedbyRCW42.17.190(1), persons employed bythe legislature for the purpose ofaiding in the preparation or enactment of legislationortheperformance 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 withthe commissionperiodic reports ofhis orher activities signedbythe lobbyist. The reports shall be made in the form and

mannerprescribedbythe commission. They shall beduemonthly and shall be filed within fifteen days after the last day of the calendarmonth coveredby the report. (2) Each suchmonthlyperiodic report shall contain: (a) The totals of all expenditures for lobbying activities made orincurredby such lobbyist or onbehalf of such lobbyistby the lobbyist's employer during the period covered by the report. 'Suchtotals 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 participationtherein, and.shall include amounts actually expended

on eachperson where calculable, or allocating anyportion ofthe 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 orherown travel to and from hearings ofthe legislature; (iv) Any expenses incurred for telephone, and any office expenses, includingrent and salaries andwages paid for staffand 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 onbehalfofeachofhis employers. (c) An itemized listing of each such expenditure, whether contributedbythe lobbyistpersonally or delivered ortransmitted by the lobbyist, in the nature of a contribution of money or of tangible orintangiblepersonal property to any candidate, elected official, or officer or employee of any agency, or any political committee supporting oropposing anyballotproposition, or for or

on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing anyballotproposition. 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 thename ofthe candidate, electedofficial, orofficer

or employee ofany agency, oranypolitical committee supporting or opposing any ballot proposition receiving, or to be benefitedby 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 oropposing during the reporting period, unless exempt underRCW 42.17.160(2). (e) Suchother informationrelevant 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) inexcess offifty dollars andeach item specified in RCW 42.52.010(9) (d) and (f) made to a state elected official,
state officer, or stateemployee. Eachitem shall be identifiedby recipient, date, and approximate value ofthe item. (g) The total expenditures made during the reportingperiodby the lobbyist for lobbyingpurposes, whetherthroughoronbehalfof

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 similaractivities ifsuchactivities, directly or indirectly, are intended, designed, or calculated to influence legislation orthe adoption or rejection of a rule, standard, or rate by an agency underthe administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description ofthe activity

.. (3) If a state elected official or a member of such an official's immediate family is identifiedbya 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, approvedNovember 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

Effectivedate--1989 c 175: Seenote following RCW 34.05.010.

Effective date--Severabi1ity--1977 ex.s. c 313: following RCW 42.17.020. See notes



# •• • RCW42.17.172 Notification to personnamed in report. When

a listing or a report of contributions is made to the commission underRCW42.17.170(2)(c), a copy of the listing or report must be given to the candidate, electedofficial, professional staffmember of the legislature, or officer or employee of an agency, or a political committee supporting or opposing a ballot proposition named inthe listing orreport. [1993 c 2 § 32 (InitiativeMeasure No. 134, approvedNovember 3, 1992).]

RCW42.17.175 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 Is employer making a contributionoran aggregate of contributions to a single entitythat exceeds five hundreddollars 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 contributionor aggregate of contributions and for subsequent contributions made during that period under the same circumstances and to the same extent that a contributingpolitical committee must file such a report orreports 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.]

RCW42.17.180 Reports by employers ofregistered lobbyists, otherpersons. (1) Every employer of a lobbyist registeredunder 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 tomore than *five hundreddollars during thepreceding calendaryearshall file with the commission on orbefore the last

RCW (10/30/0 10:15) [ 33 ]day of February of each year a statement disclosing for the preceding calendaryear 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 renderedby 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 inRCW42.17.241(2), andthe considerationgiven

orperformed in exchange for the compensation. (b) The name of each state elected official, successful candidate for state office, ormembers ofhis 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 ofthis subsection, the termexpenditure 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. Suchcontributions shall be identifiedby the name and the address ofthe recipient and the aggregate amount contributed to each such recipient. (e) The name and address ofeach registered lobbyist employed by the person reporting and the total expenditures made by such person for each such lobbyist for lobbyingpurposes. (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 identifyingpropositionnumberanda briefdescription 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 registeredunder 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 ofan agency, or political committee. The report shall identifythe date andamount of each such contribution and the name of the candidate, elected ·official, agency officer or employee, or political committee receiving the contributionorto be benefitedby the contribution. 

# c



# o

o

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 calendarmonth during which the contributionwas made. (b) The provisions of (a) of this subsection do not apply to

a contribution which is made through a registered lobbyist and reportableunderRCW42.17.170. [1993 c 2 § 27 (InitiativeMeasure No. 134, approvedNovember 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, approvedNovember 7, 1972).J

NOTES:

*Reviser'snote: The dollaramounts in this sectionhave been adjusted for inflationbyrule of the commission adopted under the authority of RCW 42.17.370 or 42.17.690. For current dollar amounts, seeTitle 390 oftheWashingtonAdministrative Code (WAC).

Legislative intent--1990 c 139: 42.17.020. See note following RCW



# •

• RCW42.17.190 Legislative activities of state agencies, other units ofgovernment, elective officials, employees. (1) The house ofrepresentatives andthe 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 ofpositions. (2) Unless authorized by subsection (3) of this section or otherwise expressly authorizedby law, no public funds maybe used directly or indirectly for lobbying: PROVIDED, This does not prevent officers oremployees 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 expresslyauthorizedby law, may expendpublic funds for lobbying, but such lobbying activity shall be limitedto (a) providing informationorcommunicating onmatters 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 officeroremployee ofany agency: PROVIDED, Thatpublic funds may not be expended as a direct or indirect gift or campaign contribution to anyelectedofficial orofficeror employee of any agency. Forthepurposes ofthis subsection, the term "gift" means

a voluntarytransferofanything ofvaluewithout consideration of

. equal orgreatervalue, but does not include informational material transferred for the sole purpose of informing the recipient about
matters pertaining to official agencybusiness. This section does
not permit the printing of a state publication which has been otherwise prohibitedby law. (4) Noelective official orany employee ofhis orher office

or any person appointed to or employed by any public office or agencymayuse 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 Jsupport oroppose an initiative to the legislature. "Facilities of

a public office or agency" has the samemeaning as inRCW**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, orto support oroppose 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 opposingview; (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 otherballot 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 quarterjust 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 orother special contractual services, andbrochures andotherpublications, the principal purpose ofwhich is to influence-legislation; (d) Forpurposes 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 agencybudget requests; (ii) Recommendations orreports to the legislature inresponse 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 submittedto .the legislature on an annual orbiennial basis bya state agency as required by law; (iv) Requests, recommendations, orothercommunicationbetween

orwithin state agencies orbetween orwithin local agencies; (v) Any other lobbying to the extent that it includes: (A) Telephone conversations or preparation of written correspondence; (B) In-person lobbyingonbehalfof an agency ofno more than four days or parts thereof during any three-month period by officers oremployees ofthat agency and in-person lobbyingby any elected official of such agency on behalf of such agency or in 

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RCW (10/30/0 10:15) [ 36 ]

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• connection with the powers, duties, or compensation of such official: PROVIDED, That the total expenditures ofnonpublic funds made in connection with such lobbying for oronbehalfof 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 exemptionunderthis subsection is in addition to the exemptionprovided in (A) of this subsection; (C) Preparation or adoption ofpolicypositions. The statements shall be in the form and the mannerprescribed bythe commission and shall be filed within one month afterthe end of the quarter coveredby the report. (6) In lieu ofreportingunder 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 reportableunder 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 employerpursuant to RCW 42.17.180. (7) Theprovisions ofthis 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, oremployee is not otherwise exempted. (8) The purpose of this section is to require each state agency andcertain 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 construedto accomplish thatpurpose andnot to require any agency to report any of its general overhead cost or any other costs which relate only indirectly or incidentally to lobbying orwhich 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 andpolicy. [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, approvedNovember 7, 1972).J

NOTES:

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



# • RCW42.17.200 Grass roots lobbying campaigns.

_ (1) Anyperson who has made expenditures, not reported by a registered lobbyist underRCW42.17.170 orbya candidate orpolitical committee under RCW 42.17.065 or42.17.080, exceeding *five hundred dollars in the aggregate within any three-monthperiod or exceeding *two hundred dollars inthe aggregate within anyone-monthperiod inpresenting 

# aprogram addressed to the public, a substantial portion ofwhich is intended, designed, or calculated primarily to influence legislation shall be required to register and report, as provided

RCW (10/30/0 10:15) 37in 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 registerby filing with the commission a registration statement, in such detail as the commission shall prescribe, showing: (a) The sponsor's name, address, andbusiness oroccupation, and, ifthe 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 anypublic relations or advertising firms participating in the campaign, and the terms of compensation for all suchpersons; (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 incurredto date on behalfofthe 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 andwages 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 sponsorwho has registeredunder 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 Is registration statement and in prior reports and shall show contributions received and totals of expenditures made during themonth, 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 onbehalfofthe 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 dollaramounts in this sectionhavebeen adjusted for inflationby rule ofthe commission adoptedunder the authority of RCW 42.17.370. For current dollar amounts, see chapter 390-20 of the WashingtonAdministrative Code (WAC)

. 

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Legislative intent--1990 c 139: 42.17.020. See note following RCW 

# ()

RCW (10/30/0 10:15) [ 38 ]

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•

• RCW42.17.210 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 stateboardorcommission, or any employee of the legislature,

or any full-time state employee, if such new employee shall remain in thepartial employofthe state or any agency thereof, then the

newemployer shall file a statement under oathwith the commission setting out the nature ofthe employment, the name oftheperson to be paid thereunder, and the amount of payor consideration to be paidthereunder. The statement shall be filed within fifteen days after the commencement of such employment. [1973 c 1 § 21 (Initiative Measure No. 276, approvedNovember 7, 1972).J

RCW 42.17.220 Employment ofunregisteredpersons. It shall be a violationof this chapter for any person to employ forpayor any consideration, orpayor agree to pay any consideration to, a person to lobby who is not registered under this chapter except upon condition that suchperson register as a lobbyist as provided by this chapter, and suchperson does in fact so register as soon
as practicable. [1973 c 1 § 22 (Initiative Measure No. 276, approvedNovember 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 suchperson, and suchperson's employer, if such employer aids, abets, ratifies, or confirms any such act, to other civil liabilities, as providedby this chapter: (1) Such persons shall obtain and preserve all accounts, bills, receipts, books, papers, and documents 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 inspectionbythe 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 anyactivity as a lobbyistbefore registering as such;(b) Knowinglydeceive or attempt to deceive any legislator as to any fact pertaining to any pending orproposed legislation; (c) Cause or influence the introduction of any bill or amendment thereto for the purpose of thereafterbeing 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 positionwith respect to, orhis vote upon, anypendingorproposed legislation; (f) Enter into any agreement, arrangement, or understanding 

# C

according towhichhis orhercompensation, oranyportionthereof, 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, approvedNovember 7, 1972).J

REPORTING OFPUBLIC OFFICIALS' FINANCIALAFFAIRS

RCW 42.17.240 Elected and appointed officials, candidates, andappointees--Reports offinancial 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 calendaryear. However, any local electedofficial whose termof office expires immediately after December 31st shall file the
statement required to be filed by this section for the year that ended on that December 31st. (2) Every candidate shall within two weeks of becoming a candidate file withthe commission a statement of financial affairs for the preceding twelve months. (3) Everyperson appointedto a vacancy in an elective office

orexecutive state officerposition shall within twoweeks ofbeing

so appointed file with the commission a statement of financial affairs for the preceding twelve months. 

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(4) A statement of a candidate or appointee filed during the
i. period from January 1st to April 15th shall cover theperiod from January 1stoftheprecedingcalendaryearto the time ofcandidacy

or appointment if the filing of the statement would relieve the individual of a priorobligation to file a statement covering the entire preceding calendaryear. (5) No individual may be required to file more than once in any calendaryear. (6) Each statement of financial affairs filed under this section shall be sworn as to its truth and accuracy. (7) Every electedofficial and every executive state officer shall file with their statement of financial affairs a statement certifying that theyhave read and are familiar withRCW42.17.130

or 42.52.180, whichever is applicable. (8) For the purposes of t.his section, the term "executive
state officer" includes those listed inRCW 42.17.2401. (9). This.section does not apply to incumbents or candidates for a federal office or the office ofprecinct 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 2ndex.s. c 112 § 7; 1975-'76 2nd

ex.s. c 104 § 1 (Ref. BillNo. 36); 1975 1stex.s. c 294 §13; 1973 c 1 § 24 (InitiativeMeasureNo. 276, approvedNovember 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: SeeRCW 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 administratorofthe *office ofmarine safety, the administratoroftheWashingtonbasic healthplan, the director of the department of services for theblind, the directorofthe 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 secretaryof the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretaryof the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretaryofhealth, 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 secretaryof the horse racing commission, the executive secretaryofthe human rights commission,. the exe_cutive secretary of the indeterminate sentencereview board, the director of the department ofinformation services, the directorofthe interagency committee 

### lor outdoor recreation, the executive director of the
state investment board, the director of labor and industries, the directorof licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the directorofparks and recreation, the directorof personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of
revenue, the secretaryofsocial and health services, the chiefof theWashington state patrol,the executive secretaryof the Doard oftax appeals, the secretary of transportation, the secretaryof the utilities and transportation commission, the director of veterans affairs, the presideni of eachofthe regional and state universities and thepresident ofThe Evergreen State College, each district andeachcampuspresident ofeach state communitycollege; (2) Each professional staff member of the office of the governor;

RCW (10/30/0 10:15) [ 41 ](3) Eachprofessional staffmember of the legislature; and (4) CentralWashingtonUniversityboard oftrustees, boardof
trustees ofeach communitycollege, eachmember 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 EvergreenStateCollege boardoftrustees, 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 reviewboard, board of industrial insurance appeals, information services board, interagency committee for outdoorrecreation, state investment board, commissiononjudicial 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, Washingtonpublic power supply systemexecutive 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 ofmarine safetywas transferred
to the department of ecology and renamed the integratedoil spill prevention and response program by 1995 2nd sp.s. c 14 § 515, effective January I, 1996, until June 30, 1997.

Findings--Intent--Partheadings 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 oflegislativepower--Effective dates--1993 c 492: See RCW 43.72.910 through 43.72.915.

Effective date--1993 c 281: See note following RCW41.06.022.

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 ineach subsectionin alphabetical order." [1989 c 158 § 3.] The names of the agencies in the above section have been arranged according to the first distinctive word ofeach 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 requiredbyRCW 42.17.240 reporting individual and each member of family: (a) Occupation, name of employer, andbusiness address; and (b) Eachbankor savings account or insurance policy inwhich any suchperson orpersons 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 suchperson orpersons owned a direct financial interest, the value ofwhichexceeded *fivehundred dollars during the reporting period; the name, address, andnature of the entity; andthenature andhighestvalue ofeach suchdirect financial interest during the reportingperiod; and (c) Thename andaddress ofeachcreditortowhomthe value of *five hundreddollars ormore was owed; the original amount of each debt to each such creditor; the amount of each debt owed to each creditoras of the date of filing; the terms ofrepaYment 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) neednot be reported; and (d) Everypublic orprivate office, directorship, andposition 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 suchperson

serves as an elected official or state executive officer or professional staff member for his service in office; the

.description of such actual orproposed legislation,**rules~** rates,

or standards; and the amount of current or deferred compensation paid orpromised 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 compensationhas beenreceived in any formofa 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 tenpercent ormore; the name or title ofthat office, directorship, orpartnership; the nature ofownership 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 fromthe governmental unit, the value ofthe compensation and the consideration given orperformed in exchange for the compensation; (ii) the name of each governmental unit, corporation, partnership, joint venture, sole proprietorship, association, union, or otherbusiness or commercial entity from which the entity has received compensation in any form in the amount of *two thousand five hundred dollars ormore 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 ti.Li.tLes and transportation commission or the legislative authority of the public entity providing the. service: PROVIDED, FURTHER, That withrespect to any bank or commercial lending institution in which is held anyoffice, directorship, partnership interest, orownership interest, it shall only be necessary to report either the name, address, and occupation ofevery director and officer of the bank or commercial lending institution and the average monthlybalance ofeach 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 prescribedby 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 ofthe 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 prescribedby 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 andnature ofthe considerationreceived 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 prescribedby 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 ifa description of the propertyhas been included in a report previously filed, the property may be listed, 

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RCW (10/30/0 10:15)· [ 44 ]

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•

• for purposes of this provision, by reference to the previously filed report; and· (k) Alist, including legal orother sufficient descriptions

as prescribedbythe 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 tenpercent

orgreaterownership interest was held; and (I) A list of each occasion, specifying date, donor, and amount, at whichfood andbeverage in excess of *fiftydollars was accepted underRCW42.52.150(5); [and] (rn) A list of each occasion, specifying date, donor, and amount, atwhich items specified in **RCW42.52.010(9) (d) and (f)

were accepted; [and] (n) Such other information as the commission may deem necessary in ordertoproperly carryout the purposes andpolicies 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 *tenthousanddollars, at least *ten thousand dollars but less than *twenty-five thousand dollars, or *twenty-five thousand dollars ormore. An amount of stockmaybe 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 ofvalue given to an official's oremployee'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 famiLy 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** sectionhave been adjusted for inflationby rule ofthe commissionadoptedunder the authority of RCW 42.17.370. For current dollar amounts, see chapter 390-24 of theWashingtonAdministrative Code (WAC). **(2) RCW 42.52.010 was amendedby 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 ·identityofthe source ofthepaYment or in any othermanner 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 

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RCW 42.17.243 Public office fund--What constitutes, restrictions bnuse--Reporting of--Disposal of remaining funds.

NOTES:

Reviser's note: RCW42.17.243 was amendedby 1991 sp.s. c 18 § 4 without reference to its repeal by 1993 c 2 § 35 (Initiative Measure No. 134). It has beendecodified for publicationpurposes pursuant to RCW 1.12.025.

REPORTING BY PUBLIC TREASURERS

RCW 42.17.245 Public accounts ofgovernmental entities held by financial institutions--Statements and reports--Contents-- Filing. After January 1st andbefore April 15thofeach calendar year, the state treasurer, each county, public utility district, andport district treasurer, and each treasurer of an incorporated cityortownwhosepopulation 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) Areport disclosing for the previous calendaryear: (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 forwhich the treasureris 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 suchreporting period: PROVIDED, That the
state treasurer shall disclose the highest balance informationonly upon requestunderRCW42.17.250 through 42.17.330. The statement

orreport requiredby this section shall be filed eitherwith the
statement requiredunderRCW42.17.240 or separately. [1983 c 213
§ 1; 1981 c 102 § 1; 1975-'76 2nd ex.s. c 112 § 10.]

PUBLIC RECORDS 

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RCW (10/30/0 10:15) 46applicability adopted as of general policy or formulated and adoptedby 

# •

• 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 andmake 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, thepublic mayobtain information, make submittals

orrequests, or obtain copies of agency decisions; (b) Statements of the general course andmethodbywhich its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available; (c) Rules ofprocedure; (d) Substantive rules of general authorized by law, and statements interpretations ofgeneral 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 ofthe terms thereof, a personmaynot in anymannerbe required to resort to, or be adversely affected bYr a matter requiied to be publishedordisplayed andnot so published or displayed. [1973 c 1 § 25 (Initiative Measure No. 276, approved November 7, 1972).]

RCW42.17.251 Construction. The people of this state do not yield their sovereignty to the agencies that serve them. The people, indelegating authority, do not give theirpublic servants the right to decide what is good for the people to know andwhat is
not good for them to know. Thepeople insist onremaining informed

so that they may maintain control over the instruments that they have created. The public records subdivisionofthis chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy. [1992 c 139 § 2.]

RCW42.17.255 Invasion ofprivacy,**when~** Aperson's "right
toprivacy," "right ofprivacy," "privacy," or "personal privacy,"

as these terms are used in this chapter, is invaded or violated only ifdisclosure of information about the person: (1) Wouldbe highly offensive to a reasonable person, and (2) is not of legitimate coricerri' to the public. The provisions of this chapter dealingwiththe right toprivacy in certainpublic records do not create anyright ofprivacybeyond those rights that are specified in this chapter as express exemptions from the public's right to inspect, examine, or copypublic records. [1987 c 403 § 2.]

NOTES:

Iritent--1987 c 403: "The legislature intends to restore the lawrelating to the release ofpublic 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 whichrequested the records, and (2) agencies havingpublic records shouldrely onlyupon statutory exemptions orprohibitions for refusal to provide public records. Further, to avoid
unnecessary confusion, "privacy" as used in RCW 42.17.255 is 

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intendedtohave 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 anyperson 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 complywith theprovisions ofthis 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) ofthis section, RCW 42.17.310, 42.17.315, or other
statute which exempts or prohibits disclosure of specific 

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information"or records. To the extent required to prevent an

. unreasonable invasion of personal privacy interests protected by RCW 42.17.310 and 42.17.315, an agency shall delete identifying details in a manner consistent**wi~h** RCW 42.17.310 and 42.17.315 when itmakes available orpublishes anypublic 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. 

### Anagency'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 indexproviding 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 ofpolicy and interpretations ofpolicy, 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 conductedbypublic employees or others; and (f) Correspondence, andmaterials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, oropines upon, or is asked to determine oropine upon, the rights of the state, the public, a subdivision of state government, or of anyprivate party. (4) Alocal agency need not maintain such an index, if to do

so wouldbe 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 afterJune 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 limitedto, 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 preparedpursuant to this subsection. St-ate agencies may satisfy the requirements ofthis subsection bymaking available to the public indexes preparedby otherparties but actually usedby 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
maybe invokedby the agency for any otherpurpose only if-- (a) It has been indexed in an index available to the public;

or (b) Parties affected have timely notice (actual or constructive) of the terms thereof. (7) Eachagency 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 ]mannerused to determine the actual perpage cost orother costs, ifany. (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 

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actual cost of the paper and the per page cost for use of agency _/ copying equipment. Indetermining otheractual costs forproviding photocopies of public records, an agency may include all costs directly incident to shipping such public records, including the
cost ofpostage ordelivery charges and the cost of any container

or envelope used. (b) Indetermining the actualperpage cost orothercosts for providing copies ofpublic records, an agencymay not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directlyrelatedto the actual cost of copying the public records. Staff time to copy and mail the requestedpublic records maybe included in an agency's costs. (8) An agency need not calculate the actual perpage cost or othercosts it charges forprovidingphotocopies ofpublic 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 ofpublic records or for the use ofagencyequipment to photocopypublic 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 construedas giving authority to any agency, the office of the secretary of the senate, or the office ofthe chiefclerkofthe house ofrepresentatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of 

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

.! representatives shall not do so unless specifically authorizedor directedby law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and ofprofessional licensees shall bemade 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 suchrecognitionmaybe 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, approvedNovember 7, 1972).J

NOTES:

Partheadings--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. 

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)

RCW (10/30/0 10:15) [ 50 J

# • RCW42.17.270 Facilities for copying--Availabi1ity ofpublic 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 establishwhether inspection and copying would violate *RCW 42.17.260(5) or other statute which exempts orprohibits disclosure of specific information orrecords
to certainpersons. Agency facilities shall be made available to anyperson for the copying ofpublic records except when and to the
extent that this wouldunreasonably disrupt the operations of the agency. Agencies shall honor requests received by mail for identifiable public records unless exemptedbyprovisions of this chapter. [1987 c 403 § 4; 1975 1st ex.s. c 294 § 15; 1973 c 1 § 27 (Initiative Measure No. 276, approvedNovember 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 amendedby 1992 c 139 § 3, changing subsection (6) to subsection (7). RCW42.17.260 was subsequently amendedby 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 andthe agency, the office of the secretary of the senate,.

orthe office ofthe chiefclerkofthe house ofrepresentatives 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, andthe office ofthe secretaryofthe senate andthe office of the chiefclerkofthe house ofrepresentatives shall adopt reasonable procedures allowing for the time, resource, and personnel constraints associated with legislative sessions, consonant with the intent ofthis chaptertoprovide full public access to public records, toprotectpublic records from damage or disorganization; and to prevent excessive interference with other essential functions ofthe agency, the office ofthe secretaryofthe senate,

or the office of the chief clerk of the house ofrepresentatives; Suchrules 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 ofthe secretaryofthe senate, and the office of the chief clerk of the house of representatives from honoring requests receivedby mail for copies of identifiable public records. Ifa public recordrequest is made at a time when such record 

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exists but is scheduled for destruction in the near future, the**~/** agency, the office ofthe secretaryofthe senate, orthe office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy orerase 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, approvedNovember 7, 1972

# r.]

RCW42.17.295 Destructionof informationrelating 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.

RCW42.17.300 Charges for copying. No fee shall be charged for the inspection ofpublic records. No fee shall be charged for locating public documents and making them available for copying. Areasonable charge may be imposed for providing copies ofpublic records and for the use by any person of agency equipment or 

# 0**eqfuf~pmenft** 0h f**thh~** fOfflicekoff 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,** whichcharges shall not exceedthe amount necessary to reimburse the agency, the office ofthe secretaryofthe 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 greaterthan the actual perpage cost as established andpublished by the agency. To the extent the agency has not determined the actual perpage cost forphotocopies ofpublic records, the agency may not charge inexcess offifteen cents perpage. [1995 c 397 § 14; 1995 c 341 § 2; 1973 c 1 

## s 30 (Initiative Measure No. 276, approvedNovember 7, 1972).]

NOTES:

Reviser's note: This section was amended by 1995 c 341 § 2 andby 1995 c 397 § 14, eachwithout 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.]

RCW42.17.310 Certainpersonal 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, orelectedofficials of anypublic agency to the extent that disclosure wouldviolate 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 compiledby investigative, law enforcement, and penology. agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure ofwhich is essential to effective lawenforcement or for the protection of anyperson'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, victimor witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any electedofficial or candidate for public office must be made in writing and signedby the complainant under oath. (f) Test questions, scoring keys, and other examination data usedto administer a license, employment, or academic examination. (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for orby any agency relative to the acquisitionor sale ofproperty, until the project orprospective 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 andpublic loss. (i) Preliminary drafts, notes, recommendations, and intraagency memorandums in which opinions are expressed or policies formulated orrecommended except that a specific record shall not be exemptwhenpublicly citedby an agency in connectionwith 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 requiredby 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 byprivatepersons pertaining to export services providedpursuant 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 byprivate vocational schools under chapters 28B.8S and 28C.I0 RCW. (q) Records filed with the utilities and transportation commission orattorneygeneral underRCW 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 providedby chapters 43.163, 43.160, 43.330, and 43.168RCW, orduring application for economic development loans or program services providedby 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 ofapplicants, resumes, andotherrelatedmaterials 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, ormailing lists of employees orvolunteers. (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, 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



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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 18.130RCWmaintained inthe files ofthe 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 andresidential telephone numberofa health care provider governed under RCW 18.130.040 maintained in the files of the department shall automaticallybe withheld frompublic inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9)

. (x) Informationobtainedbythe boardofpharmacy 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 informationproduced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certificationunder chapter 31.24 RCW. (aa ) Financial and commercial information supplied to the
state investment boardby anypersonwhen the information relates
to the investment of public trust or retirement funds and ·when disclosure wouldresult in loss to suchfunds,orinprivate loss to the providers ofthis information. (bb) Financial and valuable trade information under RCW 51.36.120. (cc) Client records maintainedbyan agencythat 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 personwho, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in orderto ascertainhis orherrights in connectionwitha possible unfairpracticeunder chapter 49.60 RCW against the person; and (ii) requests his orher 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 copyingunderRCW 15.86.110. (gg) Financial, commercial, operations, and technical and research informationanddata submittedto orobtainedbythe clean Washington center in applications for, or delivery of, program**~ervices** underchapter 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 ofthe information and documents. (ii) Personal information in files maintained in a data base createdunderRCW 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 oruses the stadiumandexhibition center as defined inRCW 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 orderto substantiate a claim for property tax exemptionunderRCW 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 orderto identifypotential riders ordrivers withwhomto share rides.

. (rnrn) The personally identifying information of current or formerparticipants orapplicants ina paratransit orothertransit service operated for the benefit of persons with disabilities or elderlypersons. (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 otherentitythat is responsible, inwhole or inpart, forpayment 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 concernedwithpublic transportation orpublic safety. (00) 

### Proprietaryfinancial andcommercial 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 orobtainedby the department ofhealth in connection with an application for, or the 'supervision of, an antitrust exemption soughtbythe submitting entityunderRCW 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 statementofthe cont.Lnui

### nqneedfor confidentiality, which shall be provided to the requester. Upon receiptof suchnotice, 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 maintainedby theboardof industrial insurance appeals that are relatedto appeals ofcrime victims' compensation claims filed with the boardunderRCW 7.68.110.

. 

### (qq) Financial and commercial information suppliedby 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 ofmultiple tuitionunits. (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 sexuallyviolent offenses as defined inRCW 71.09.020, 

### whichhave been transferred to the Washington association of sheriffs and 

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RCW (10/30/0 10:15) [ 56 ]

# •

• police chiefs for permanent electronic retention and retrieval pursuant to RCW40.14.070(2)(b). (ss) Credit cardnumbers, debit cardnumbers, electronic check numbers, cardexpirationdates, orbank orother financial account numbers supplied to an agency for the purpose of electronic transferof funds,

.exceptwhen disclosure is expressly requiredby 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 maintainedbythe emploYment security department and subject to chapter50.13 RCW ifprovided to another individual

ororganization for operational, research, or evaluationpurposes. (vv) Individually identifiable information received by the work force training and education coordinating board for research

or evaluationpurposes. (2) Except for information described in subsection (1)(c)(1) of this section and confidential income data exempted frompublic 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. Noexemptionmay be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or**persons~** (3) Inspectionorcopying of any specific records exempt under the provisions of this section may be permitted if the superior
court in the county inwhich the record is maintained finds, after

a hearing with notice thereof to everyperson 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) Agencyresponses refusing, inwhole or inpart, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (orpart) 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: 1997c 310 § 2; 1997 c 274 § 8; 1997 c 250 § 7; 1997 c 239 § 4; 1997 c 220 § 120 (ReferendumBill 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, approvedNovember 7, 1972).J

RCW (10/30/0 10:15) [ 57 

### JNOTES:

Reviser's note: *(1) RCW 81.34.070 was repealedby 1991 c 49
§ 1. (2) This section was amendedby 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--Conflictwith federal requirements--Severability-- 2000 c 134: See notes following RCW'50.13.060.

Effective date--1998 c 69: See note following RCW28B.95.025.

Effective date--1997 c 274: See note following RCW41.05.021.

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

Effectivedate--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

Effectivedate--Severability--1993 c 280: SeeRCW43.330.902 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 frompublic inspection accounting records of special inquiryjudge: RCW 10.29;090. bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060. certificate submittedbyphysically ormentally disabledperson 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. organizedcrime advisoryboard 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 dutyofan agency to disclose ora positive dutytowithholdinformationwhichduty to disclose orwithhold is contained inanyother law. [1991 c 23 § 11i 1990 c 256 § 2i 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 ofpatients. [1991 c 335 § 902.]

NOTES:

Application and construction--Short title--Severability-- Captions not law--1991 c 335: SeeRCW 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 anyperson, whichbelong to a public utility district ora municipallyownedelectrical 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 coulddetermine

or help determine whetherthe suspicionmight be true. Information obtained inviolation 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 ofRCW42.17.260 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 orconcerning 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 anypublic records

as defined in RCW 40.14.010. [1975 1st ex.s. c 294 § 22.]

RCW 42.17.316 Certain records of impairedphysicianprogram exempt. The disclosure requirements of this chapter shall not apply to records ofthe *committee obtained in an actionunderRCW 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 amendedby 1998 c 132 § 3, changing the definition of "committee" to "entity." 

# ()

RCW (10/30/0 .10:15) [ 60 ]

# • Severability--Headings andcaptions not law--Effective date-- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

Effectivedate--1987 c 416: See note following RCW 18.71.300:

RCW 42.17.317 Information on commercial fertilizer distribution exempt. Information providedunderRCW 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 orcorrections 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 anyperson in connectionwith 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 orproprietary information; and (b) Until a siting decision is made, identifying information of any person supplying information under this section and the locations being consideredfor siting, relocation, or expansion of

a business. (2) Forthepurposes ofthis section, "siting decision" means the decision to acquire ornot to acquire a site. (3) Ifthere is nowrittencontact for a period of sixty days
to the department froma personconnectedwith siting, recruitment, expansion, retention, or relocation of that person's business, informationdescribed in subsection (1)(b) of this sectionwill 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 childvictims 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 childvictim's name, address, location, photograph, and incases in 

# C

which the child victim is a relative or stepchild of the alleged

. 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

RCW42.17.31902 Infantmortality review. Notwithstanding the prqvisions of RCW 42.17.250 through 42.17.340, no local health department may be requiredunderthis chapterto make available for public inspection or copying any records or documents obtained, prepared, or maintained by the local health department for the purposes ofan infant mortalityreview conductedby 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 andreporting requirements
§ 15.]

NOTES: of viators regulated by the The names and individual regulated by the insurance RCW are exempt from the ofthis 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 chapter70·.77 _--.:.)

RCW (10/30/0 10:15) [ 62 ) .

# •

•

• RCW, are not subject 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 underRCW 15.13.310(4) or 15.49.370(6); (2) Consignment information contained on phytosanitary certificates issuedbythe department ofagriculture under chapters 15.13, 15.49, and 15.17 RCW or federal phytosanitary certificates issuedunder 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 requiredby the department of agriculture; and (3) Financial andcommercial 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 gatheredunder certain regulatoryactivities 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.)

RCW42.17.31909 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 disclosureunderthis chapter. [1998 c 154 § 33;1996 c 188 § 6.)

RCW 42.17.31910 UniformDisciplinaryAct complaints exempt. Complaints filedunderchapter 18.130 RCW after July 27, 1997, are exempt fromdisclosureunderthis chapterto the extentprovided in RCW 18.130.095(1). [1997 c 270 § 2.]

RCW 42.17.31911 Examination reports and information from financial institutions exempt. Examinationreports and information obtained by the department of financial institutions from banks underRCW 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 informationobtainedbygovernmental agencies that is collectedby the use ofa motor carrier intelligent transportation systemor any comparable information equipment attached to a truck, tractor, or trailer is confidential andnot 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, "motorcarrier" 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

RCW42.17.31913 Marine employees salary surveys. Salary and employee benefit information collectedunder RCW 47.64.220(1) and described inRCW47.64.220(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 followingRCW35.21.228.

RCW42.17.31915 Service contractproviders--Financial reports exempt. Informationprovided to the insurance commissionerunder RCW 48.110.040(3) is exempt from disclosure under this chapter. [1999 c 112 § 18.]

.NOTES:

Severability--1999 

### C112: See RCW 48.110.901. 

# o

RCW 42.17.320 Prompt responses required. Responses to requests forpublic records shallbemadepromptlybyagencies, the office ofthe secretaryofthe senate, and the office of the chief clerkof the house of representatives. Within five business days ofreceiving a public record request, an agency, the office ofthe secretary of the senate, or the office of**th~** chief clerk of the house ofrepresentatives must respondby 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 ofrepresenta.tives has received·the request andproviding 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 ofrepresentatives will require to respond to the request; or (3) denying thepublic 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 ofthe information requested is exempt andthat a denial shouldbemade as to all orpart ofthe request. In acknowledgingreceipt 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 asktherequestorto clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office ofthe secretaryofthe senate, or the office of the chiefclerkofthe house ofrepresentatives neednot respond to it. Denials ofrequests must be accompaniedbya written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk ofthe 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 secondbusiness day following the denial of inspection and shall constitute final agency actionor final actionby the office ofthe secretaryofthe
senate or the office of the chief clerk of the house of representatives for the purposes ofjudicial review. [1995 c 397
§ 15; 1992 c 139 § 6; 1975 1 s t ex.s . c 294 § 18; ·1973 c 1 § 32 (InitiativeMeasure 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 fromdisclosure and denies a personopportunityto inspect or copy a public record for that reason, thepersonmay request the attorney general to review the matter. The attorneygeneral shall provide thepersonwithhis

orherwritten 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 personmaking a request under tqis section. [1992 c 139 § 10.]

RCW 42.17.330 Court protection of public records. The examinationofany specificpublic recordmaybe enjoined if, upon motion and affidavit byan agencyor its representative ora 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 examinationwould clearly not be in the public interest and would substantially and irreparably damage any person, or would substantiallyand irreparablydamage vital governmental functions.
An agencyhas the option ofnotifying persons named in the record

orto whom arecord specificallypertains, that release ofa record has beenrequested. However, this option does not exist where the agency is requiredby law toprovide suchnotice. [1992 c 139 § 7; 1975 1st ex.s. c 294 § 19; 1973 c 1 § 33 (Initiative Measure No. 276, approvedNovember 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) [ 65inspect orcopya public recordbyan agency, the superiorcourt 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 ofproof shall be on the agency to establish 

# C.

that refusal to permit public inspection and copying is in accordance with a statute that exempts orprohibits disclosure in whole or inpart of specific information or records. (2)· Uponthe motionof anypersonwho believes that an agency has not made a reasonable estimate of the time that the agency requires to respondto a public record request, the superiorcourt 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 orchallenged 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 examinationofpublic records is in the public interest, even though suchexaminationmay cause inconvenience orembarrassment to public officials or others. Courts may examine any record in

camera in anyproceedingbrought underthis section. The court may conduct a hearing based solely on affidavits. (4) Any personwho prevails against an agency inany action in the courts seeking the right to inspect or copy anypublic 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 of the court to award such person an amount not less than five 

# C

dollars andnot to exceedone hundred dollars for each day·that he

. was deniedthe right to inspect or copy saidpublic record. [1992

. c 139 § 8; 1987 c 403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c 1 § 34 (InitiativeMeasure No. 276, approvedNovember 7, 1972).]

NOTES:

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

RCW 42.17.341 Application ofRCW 42.17.340. Theprocedures in RCW 42.17.340 govern denials of an opportunity to inspect or copy a public recordby 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 Explanatorypamphlet. The attorney generalis office shall publish, and update when appropriate, a pamphlet, written inplain language, explaining the provisions of the public records subdivision of this chapter. [1992 c 139 § 9.]

RCW (10/30/0 10:15) [ 66 ]

# .-

• ADMINISTRATIONAND 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 composedof five members who shall be appointedby the governor, with the consent ofthe senate. All appointees shall be persons of the highest integrity and qualifications. No more than three members shall have an identification with the same political party. (2) The termofeachmember shall be five years. Nomemberis eligible for appointment to more than one full term. Any member may be removedbythe governor, but onlyupon grounds ofneglect of duty ormisconduct in office. (3) During his or her tenure, a member of the commission is prohibited fromengaging in anyofthe following activities, either within oroutside the state ofWashington: (a),Holding or campaigning for elective office; (b) Serving as an officerofany political party orpolitical committee; (c) Permittinghis orhername to be used in support ofor in opposition to a candidate orproposition; (d) Soliciting or making contributions to a candidate or ln support ofor in opposition to any candidate orproposition; (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) Avacancyon the commission shall be filled within thirty days of the vacancy by the governor, with the consent of the senate, andthe appointee shall serve for the remaining termof his

orherpredecessor. Avacancy shall not impair the powers of the remainingmembers to exercise all of the powers of the commission. (5) Three members ofthe commission shall constitute a quorum. The commission shall elect its own chairandadopt its oWnrules of procedure in the mannerprovided in chapter34.05 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 providedinRCW43'.03.050 and43.03.060. The compensationprovided 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 2ndex.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, approvedNovember 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 

### 1RCW42.17.360 Commission--Duties. The commission shall: (1) Develop andprovide 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 filedwithin the times requiredby 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 andpublish anannual report to the governoras to the effectiveness of this chapter and its enforcement by appropriate law enforcement authorities; and (7) Enforce this chapter according to thepowers granted itby law. [1973 c 1 § 36 (Initiative MeasureNo. 276, approvedNovember 7, 1972).J

RCW42.17.362 Toll-free telephonenumber. In additionto its regular telephone number, the commission shall offer political committees and residents of this state the opportunity to contact the commissionbya 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 investigations so as to provide a statistically valid finding 

# C

regarding the degree of compliance with the provisions of this

. chapterby all required filers. Any documents, records, reports, computer files, papers, ormaterials providedto the commission for

use in conducting audits and investigations must be returnedto the candidate, campaign, or political committee from which they were receivedwithin one weekof the commission's completionofan audit

or field investigation. [1999c 401 § 8; 1993 c 2 § 29 (Initiative Measure No. 134, approvedNovember 3, 1992).J

RCW42.17.367 Web site for commissiondocuments. ByFebruary 1, 2000, the commission shall operate a web site or contract for the operation of a web site that allows access to reports, copies ofreports, orcopies ofdata and information submittedinreports, 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 ofreports, orcopies 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 generatedbythe commission that are requiredbythis chapterto be available forpublic use or inspection. [1999 c 401 § 9; 1994 c 40


## s 2.

### J

NOTES: 

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RCW (10/30/0 10:15) [ 68 

### J

# •

•

• Findings--1994 c 40: "The legislature finds that government information is a strategic resource andneeds tobemanagedas such and that broad public access to nonrestricted public information and records mustbe 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 citizenelectronic access topresently available public documents will allow increasedcitizen involvement in state policies and empower citizens to participate in state policydecision making." [1994 c 40 § 1.]

Severability--1994 c 40: "Ifanyprovision ofthis act orits application to any person or circumstance is held invalid, the remainderof 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) ByJanuary 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 includingbut 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 anelectronic copyofthe 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 expendedtwenty-five thousanddollars ormore in thepreceding yearorexpects to expend twenty-five thousand dollars ormore 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 precedingyearorexpects to expendten thousanddollars ormore 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 violationofthis chapter. [2000 c 237 § 4; 1999 c 401 § 12.)

RCW42.17.370 Commission--Additional powers. The commission is empowered to: (1) Adopt, promulgate, amend, and rescind suitable administrative rules to carryout the policies andpurposes ofthis chapter, whichrules shall be adoptedunderchapter 34.05 RCW. Any rule relating to campaign finance, political advertising, or related forms that would otherwise take effect afterJune 30thof

a general electionyear shall take effect no earlier than the day following the general election in that year; (2) Appoint and set, within the limits established by the committee on agency officials' salaries under RCW 43.03.028, the compensation ofan executive directorwho shall perform suchduties and have suchpowers as the commissionmayprescribe anddelegate
to implement and enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescindrules nor shall it delegate authority to determine whether

an actual violation of this chapter has occurred or to assess penalties for suchviolations; (3) Prepare andpublish suchreports and technical studies as in its judgmentwill tend to promote the purposes ofthis chapter, including reports and statistics concerning campaign financing, lobbying, financial interests ofelectedofficials, and enforcement of this chapter; (4) Make from time to time, on its own motion, audits and field investigations; (5) Makepublic the time and date ofany 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 andrequire the production of any books, papers, correspondence,' memorandums, or other records relevant or material for the purpose of any investigation authorizedunder this chapter, or any otherproceeding underthis chapter; (7) Adopt andpromulgate a code of fair campaignpractices; (8) Relieve,.by rule, candidates or political committees of obligations to complywith the provisions of this chapterrelating
to electioncampaigns, iftheyhave not received contributions nor made expenditures in connectionwith any election campaign ofmore than *one thousand dollars; (9) Adopt rules prescribing reasonable requirements for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties, cities, and other municipalities andpolitical subdivisions inpreparing, 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 ofwhich is 

# c

c

RCW (10/30/0 10:15) 70 )

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•

• to influence the passage or defeat of any legislation. The state auditor in his or her regular examination of each agency under chapter43.09 RCW shall review the rules, accounts, andreports and make appropriate findings, comments, and recommendations in his or herexamination reports concerning those agencies; (10) After hearing, by order approved and ratified by a majorityofthemembership ofthe commission, suspendormodify any ofthe 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 ormodification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists ifreporting the name of an entity required to be reportedunderRCW42.17.241(1)(g)(ii) wouldbe 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 anyoffice, directorship, general partnership interest, or an ownership interest of ten percent or more. Any suspension or modification shall be onlyto the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify anyreporting requirements only if it determines that facts exist that are clearandconvincingproofof the findings required under this section. Requests for renewals of reporting modifications may be heard in a brief adjudicative proceeding as set forth inRCW 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 grantedmore than three years previouslyor if the applicant is holding an office or position of employment different from the office orpositionheldwhen 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 enteredunder this section within one year from the date of the entry ofthe order; and (11) Revise, at least once every five years·but no more often than every two years, the monetary reporting thresholds and reporting codevalues ofthis chapter. The revisions shall be only for thepurpose ofrecognizing economic changes as reflectedby 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 Decemberpreceding 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 equallyaffect all thresholds within eachcategory. Revisions shall be adopted as rules under chapter 34.05 RCW. The first revision authorizedbythis subsection shall reflect economic changes from the time of the last legislative enactment affecting the respective code or threshold through December 1985; (12) Develop andprovide 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, approvedNovember 7, 1972).]

NOTES:

*Reviser'snote: The dollaramounts inthis sectionhavebeen adjusted for inflationbyrule of the commission adopted underthe authority of subsection (11) of this section. For current dollar amounts, see chapter 390-16 ofthe WashingtonAdministrative Code (WAC)

. Findings--Severability--Effective date--1994 c 40: See notes following RCW42.17.367.

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

RCW42.17.375 Reports filedwith 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, anddisclosing ofthose 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 orpolitical committees andbYO 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 formor instruction from the commission. (2) The attorney general, through his office, shall supply such assistance as the commissionmayrequire inorderto carryout its responsibilities underthis chapter. The commissionmay'employ attorneys who are neither the attorney general nor an assistant attorneygeneral to carryout any function of the attorneygeneral prescribed inthis chapter. [1982 c 35 § 196; 1975 1stex.s. c 294
§ 26; 1973 c 1 § 38 (Initiative Measure No. 276, approvedNovember 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 ormore of the following civil remedies and sanctions maybe imposedby court

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order in addition to any otherremedies providedby law:

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. i RCW (10/30/0 10:15)' [ 72 ]

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• (1) Ifthe court finds that the violation of any provision of this chapter by any candidate or political committee probably affected the outcome of any election, the result of said election
maybe heldvoid 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 andreports 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 entitywho violates RCW 42.17.640 maybe 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 orreport within the time requiredby this chaptermaybe subject to a civil penaltyof ten dollars perday for eachday 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, approvedNovember 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 commissiorlmay (a) determine whether an actual violation of this chapterhas 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 si.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 orother 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 assessedbythe commissionmay exceed one thousand dollars, and in
any case where multiple violations are involved in a single

RCW (10/30/0 10:15) [ 73 

### Jcomplaint orhearing, the maximum aggregate penalty maynot exceed
two thousand five hundred dollars. (5) An order issuedby the commissionunderthis section shall be subject to judicial review under the Administrative Procedure Act, chapter 34.05 RCW. Ifthe commission's orderis not satisfied 

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andnopetition for review is filed within thirty days as provided inRCW 34.05.542, the commissionmaypetition a court of competent jurisdictionofany county inwhich a petition for review couldbe filed underthat section, for an orderofenforcement. Proceedings in connectionwiththe commission's petition shall be in accordance withRCW42.17.397. [1989 c 175 § 91; 1985 c 367 § 12; 1982 c 147
§ 16; 1975-'76 2nd ex.s. c 112 § 12.]

NOTES:

*Reviser'snote: RCW42.17.390 was amendedby 1993 c 2 § 28, changing subsection (1)(b), (c), (d), and (e) to subsections (2), (3), (4), and (5)

.

Effectivedate--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 petitioneda court ofcompetentjurisdiction for enforcement of any order it has issuedpursuant to this chapter: (1) Acopy of the petition shall be servedby certifiedmail 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 enforcedby 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 answerdiscloses novalid reasonwhy 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 applicationby the respondent, the court may,. after hearing and for good cause, alter, amend, revise, suspend, orpostpone all orpart ofthe commission'S order. In any

case where the order is not enforcedby 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 orderofenforcement, 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 2ndex.s.
e 112 § 13.]

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.- NOTES:

Effectivedate--1989 c 175: Seenote followingRCW 34.05.010.

RCW42.17.400 Enforcement. (1) The attorney general and the prosecuting authorities ofpolitical subdivisions ofthis 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 inRCW 42.17.390. (2) The attorney general and the prosecuting authorities of political subdivisions ofthis statemay investigate orcause to be investigated the activities of any person who there is reason to believe is orhas been acting inviolation ofthis chapter, andmay require any suchpersonorany otherperson reasonablybelieved to have information concerning the activities of suchperson to appear at a time andplace designated in the county in which suchperson resides or is found, to give such information under oath and to produce all accounts, bills, receipts, books, paper and documents whichmay be relevant ormaterial to any investigation authorized under this chapter. (3) Whenthe attorneygeneral or the prosecuting authority of anypolitical subdivisionofthis state requires the attendance of any person to obtain such information or the production of the accounts, bills, receipts, books, papers, and documents whichmay be relevant ormaterial to any investigation authorizedunder this chapter, he shall issue an order setting forth the time when and the placewhere attendance is required and shall cause the same to be delivered to or sent by registeredmail 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 ofthe attorneygeneral

or said prosecuting authority, obedience to the order may be enforcedbyany superiorcourtjudge in the countywhere the person receiving itresides or is found, in the same manner as though the orderwere a subpoena. The court, after hearing, for good cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend, revise, suspend, orpostpone all or any part of its provisions. In any case where the order is not enforcedbythe court according to its terms, the reasons for the court's actions shall be clearly statedinwriting, and suchaction shall be subject to reviewbythe appellate courts bycertiorari or other appropriate proceeding. (4) Anypersonwho has notified the attorney general and the prosecuting attorney in the county in which the violation occurred inwriting that there is reason to believe that some-provisionof this chapteris being orhas beenviolatedmayhimselfbring in the

name ofthe state anyofthe 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 saidpersonwill commence a citizen's action within
ten days upontheir 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 reimbursedbythe state ofWashington forcosts 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 courtmay orderthepersoncommencing the action to.payall costs oftrial andreasonable attorney's fees incurredby the defendant. (5) In any action brought under this section, the court may awardto 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 suchan actionbrought against a lobbyist, the judgment may be awardedagainst the lobbyist, andthe lobbyist's employeror employers joined as defendants, jointly, severally, or both. If the defendantprevails, he shall be awardedall costsoftrial, and may be awardeda reasonable attorney's fee tobe fixedbythe court tobepaidbythe state ofWashington. [1975 1stex.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) ofthis 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 exemptpolitical subdivision fromwhicha "petitionfordisclosure" containing the valid signatures offifteen'percent ofthenumberof registered voters, as of the date of the most recent general election in the political subdivision, is filed with the commission. The commission shall byruleprescribe the formofthe petition. Afterthe signatures are gathered, thepetition 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 inthepolitical subdivision to file the initiallyrequired 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. Acopyofthe 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 ordereveryknown affectedperson inthepolitical 

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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 issuedby it pursuant to subsection (2) or (3) ofthis sectionwhen, at least fouryears after issuing the order, the commission is presented a petitionor 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 actionofan agencypetitioningthe commissionto void the exemption inRCW 42.17.030(3} shall not be consideredunless it has been filed with the commission: (a) In the case of a ballot measure, at least sixty days before the date of any electioninwhichcampaign finance reporting is to be required; (b) Inthe case ofa candidate, at least sixtydays before the first dayonwhich a personmay file a declaration ofcandidacy for anyelection inwhichcampaign**~inance** reporting is tobe required. (6) Anypersonexempted from reporting under this chaptermay at his orheroption 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 theprovisions ofthis chaptermust be commencedwithin five years after the date when the violation occurred. [1982 c 147 § 18; 1973 c 1 § 41 (Initiative MeasureNo. 276, approvedNovember 7, 1972).]

RCW 42.17.420 Date of :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 shownbythepostoffice cancellationmarkon the envelope is the date of mailing. The provisions of this section do not apply to reports required to be deliveredunder RCW 42.17.105 and 42.17.175. (2) When a report is filedelectronicallywiththe commission, it is deemedtohave beenreceived on the file transfer date. The commission shall notify the filer ofreceipt of the electronically filed report. Suchnotificationmay be sentbymail, facsimile, or electronic mail. If the notification of receipt of the electronically filed report is not receivedbythe 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 maybe used forpurposes 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, bothbythepersonpreparing it andbythepersononwhose behalf it is filed. [1973 c 1 § 43 (Initiative Measure No. 276, approvedNovember 7, 1972).)

RCW 42.17.440 Statements and reports public records. All
statements and reports filed under this chapter shall be public records ofthe agencywhere 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 suchcopies 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 withwhomstatements orreports orcopies of statements or reports are required tobe filed under this chapter shall preserve them for not less than sixyears. The commission, however, shall preserve such statements or reports for not less than ten**years~**

[1973 c 1 § 45 (Initiative Measure No. 276, approvedNovember 7, 1972).)

" RCW 42.17.460 Access to reports--Legislative intent. It is the intent ofthe legislature to ensure that the commissionprovide the general public timely access to all contribution and expenditure reports submittedby candidates, continuingpolitical 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 chapter401, Laws of 1999, andthat the commissionfollow 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 ofreports, 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) Submittedusing 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 onthe commission's web site within sevenbusiness days of the commission's receipt of the report; and (b) Submittedin any format orusing any methodother 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 providedunderRCW42.17.420, 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 adoptedby the commission.

. (2) OnJanuary 1, 2001, or shortly thereafter, the commission shall revise these goals to reflect that all reports, copies of reports, orcopies ofthe 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) Submittedusing 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 sitewithin four business days ofthe commission's receipt of the report; and (b) Submitted in any format orusing 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 providedunderRCW 42.17.420, andon the commission's web site within seven business days of the actual physical receipt of the report, andnot the technical date of filing as provided under RCW 42.17.420, as specified in rule adoptedby the commission. (3) OnJanuary 1, 2002, or shortly thereafter, the commission shall revise these goals to reflect that all reports, copies of reports, orcopies ofthe 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) Submittedusing 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 orusing 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 inrule adoptedbythe 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, andmake 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 copyof the report, ora copyof the data orinformation 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 ofreports filed underRCW 42.17.105 and the time that**th~** report, a copy ofthe 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 copyofthe report, ora copyofthe 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 underRCW42.17.080 or42.17.105: (a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format viamodem or satellite; (d) electronic format via the Internet; and (e) any other format ormethod; (5) The percentage of continuing political committees that have used each of the following methods to file reports underRCW 42.17.065 or42.17.105: (a) Hardcopypaperformat;, (b) electronic format viadiskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or method; and (6) Thepercentage 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, or42.17.180: (a) Hardcopypaper format; (b) electronic format via diskette; (c) electronic format viamodemor satellite; (d) electronic format via the Internet; and (e) any other format ormethod. [1999 c 401 § 3.]

RCW42.17.465 Information technologyplan--Contents. (1) The commission shall develop an information technologyplan consistent withplans orportfolios 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 andperformance measures; (b) Astatement ofthe agency's mission, goals, andobjectives for information technology, including goals and objectives 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 technologyplan; (d) An implementation strategy to enhance electronic access to public records and information required to be filed with and disclosedby the commission. This implementation strategymust 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 agencyemployees, thepublic, andthe

news media in the effective use of agency technology; (iv) Ways to simplify and improve public access to information heldby 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 identifiedprojects. [1999 c 401 § 4.] 

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.' RCW42.17.467 Information technologyplan--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 technologyplan--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 ofbiennial 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 ofthe 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, andproprietary software. [1999 c 401 § 7.]

POLITICALADVERTISING

RCW42.17.505 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) IISponsorII means the candidate, political committee, or personpaying 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) IIIncumbentll means a personwho is inpresent possessionof

an elected office. [1988 c 199 § 1.]

RCW (10/30/0 10:15) [ 81 ]RCW42.17.510 Identification ofsponsor--Exemptions. (1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name and address. All radio and televisionpolitical advertising, whetherrelating 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 requiredby 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 Ifthe advertisement undertaken as an independent expenditure is undertaken by a nonindividual other than a party organization, then the following notationmust alsobe 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-monthperiodbefore 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 otherprinted matter; and (d) Be clearly spoken on anybroadcast 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, thepublic disclosure commission shall, by rule, exempt from the identificationrequirements of subsections (1) and (2) ofthis section forms ofpolitical 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 (InitiativeMeasureNo. 134, approvedNovember 3, 1992); 1984 c 216 § 1.]

NOTES: 

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Advertising rates for political candidates: RCW 65.16.095.

RCW42.17.520 Picture ofcandidate. 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.] 

# (J

RCW (10/30/0 10:15) [ 82 ]

# •

•

• 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) Anyviolation of this section shall be provenby clearand 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 ofmaterial 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 withRCW42.17.510 through 42.17.530 shall rest with the
sponsor ofthe political advertising and not with the broadcasting station or othermedium. (2) If a broadcasting station or other medium changes the·
content ofapolitical advertisement, the station ormedium shall be responsible for any failure of the advertisement to complywith
RCW 42.17.510 through 42.17.530 that results from that change. [1984 c 216 § 4.]

RCW42.17.550 Independent expenditure disclosure. Aperson

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 calendaryear shall, within two working days after the date ofthe mailing, file a statement disclosing the number of pieces in the mailing and an example ofthe mailedpolitical advertisingwith the election officer of the county or.residence for the candidate supported oropposedby the independent campaign expenditure or, in

RCW (10/30/0 10:15) [ 83 ]

### the case of an expenditure.made in support ofor inopposition to

a ballotproposition, the countyofresidence for thepersonmaking the expenditure. [1993c 2 § 

### 23 (Initiative Measure No. 134, approvedNovember 3, 1992).J

CAMPAIGN CONTRIBUTIONLIMITATIONS

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 shouldnotpermit themto exercise a disproportionate

or controlling influence on the election ofcandidates. (2) Rapidly increasingpolitical campaign costs have ledmany candidates to raise larger percentages of money from special interests with a specific financial stake inmatters 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 andmore 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, approvedNovember 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 opportunityto influence elective andgovernmentalprocesses; 

# 0'

(2) Reduce the influence oflarge organizational contributors; and (3) Restorepublic trust ingovernmental institutions andthe electoral process. [1993'c 2 § 

### 2 (Initiative Measure No. 134, approvedNovember 3, 1992).J

RCW 42.17.640 Limits specified--Exemptions. 

### (I) Noperson, 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 inwhich the candidate is on the ballot

or appears as a write-in candidate. Contributions made with respect to a primarymaynotbemade afterthe date oftheprimary. 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 ofmaking expenditures in support of the recall of the state official, during a recall campaignthat in the aggregate exceed *five hundred dollars iffor

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

# •

•

• (3)(a) Notwithstanding subsection (1) ofthis section, nobona 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 multipliedbythe numberofregisteredvoters in the jurisdiction from which the candidate is elected if the contributor is a countycentral committee ora 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 countycentral committees or legislative district committees would in the aggregate exceed *twenty-five cents times the number of registeredvoters in the jurisdiction from which the candidate is elected. (4) (a) Notwithstanding subsection (2) ofthis section, nobona fide political party or caucus political committee may make contributions to a state official against whomrecall 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 multipliedby the numberofregisteredvoters in the jurisdiction fromwhich the candidate is elected if the contributor is a county central committee or a legislative district committee. (b) No state official against whomrecall charges have been filed, no authorized committee of the official, and no political committee having the expectationofmaking expenditures in support of the recall of a state official may accept contributions from a countycentral committee ora legislative district committee during

an electioncycle that when combinedwith contributions from other countycentral committees or legislative district committees would in the aggregate exceed *twenty-fivecents muitipliedbythe number ofregisteredvoters in the jurisdiction fromwhich 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 reportableunderthis chapterto a caucus political committee that in the aggregate exceed *five hundreddollars ina calendaryear or to a bona fide political party that in the aggregate exceed *two thousand five hundreddollars in a calendaryear. 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 contributionto the authorizedpolitical committee ofa candidate,

orofa stateofficial againstwhomrecall 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 electionconcerning a state office is considered to be a contribution during that recall campaign ifthe 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 allowedby subsection (1) of section, and the contributions allowed by subsection (4) of section are in additionto those allowedby 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 primaryor 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 otherprimary or election. (11) Notwithstanding the other subsections ofthis 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, andnopolitical 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 expectationofmaking expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course ofbusiness. (12) Notwithstanding the other.subsections ofthis section, no county central committee orlegislative district committeemay make contributions reportable underthis chapterto a candidate, state official against whomrecall charges have been filed, orpolitical committee having the expectation ofmaking 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 orrecall 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 ofthis 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 sampleballots, orforballot counting, allwithout promotionoforpolitical 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, approvedNovember 3, 1992).1

NOTES:

*Reviser's note: The monetary amounts in this section have been adjustedfor inflationbyrule ofthe commissionadoptedunder the authority of RCW 42.17.690. For current dollar amounts, see chapter 390-05 ofthe WashingtonAdministration Code (WAC). 

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c·



# ..

RCW (10/30/0 10:15) [ 86 ]

# •

•

• 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 ofage are consideredcontributions by theirparents andare attributedproportionately to each parent. Fifty percent of the contributions are attributed to eachparent 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. 

### Forpurposes of this chapter: (1) 

### Acontribution 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 contributionby the controllingperson. (2) Twoormore entities are treatedas a single entity ifone of the twoormore 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 bargainingorganization, orthe local unit of a trade association, laborunion, or collective bargaining organization are considered made by the same person or entity. [1993 c 2 § 

### 6 (Initiative Measure No. 134, approvedNovember 3, 1992).J

RCW 42.17.670 Attribution of contributions general1y-- "Earmarking." 

### All contributions madebya personorentity, either directlyorindirectly, to a candidate, to a state official against whomrecall 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 wayearmarkedorotherwise 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, whetherdirect or indirect, expressedor implied, or oral or written, that is intended to result in or does result in all oranypart ofa contributionbeingmade to a certaincandidate

or state official. If a conduit or intermediary exercises any directionorcontrol overthe choice ofthe recipient candidate or state official, the contribution is considered to be byboth the original contributorandthe conduit or intermediary. [1993 c 2 § 

### 7 (InitiativeMeasure No. 134, approvedNovember 3, 1992).J

RCW 42.17.680 Limitations on employers or labor organizations. 

### (1) Noemployerorlabor organizationmay 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, orthe emolument, or a part of it, be contributed or spent to support or oppose a candidate, state

RCW (10/30/0 10:15) [ 87 Jofficial against whom recall charges have been filed, political party, orpolitical committee. (2) Noemployeror labororganizationmaydiscriminate against

anofficeroremployee in the terms orconditions ofemployment 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) Noemployerorotherperson or entity responsible for the disbursement offunds inpayment ofwages or salaries maywithhold

or divert a portion of an employee's wages or salaries for contributions to political committees or for use as political contributions exceptuponthe writtenrequest 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 periodofno less than three years, during normal business hours, documents andbooks of accounts that shall include

a copyofeachemployee's request, the amounts anddates funds were actuallywithheld, and the amounts anddates 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, approvedNovember 3, 1992).J

RCW42.17.690 Changingmonetary limits. At the**beginn~ng** of each even-numberedcalendaryear, the commission shall increase or decrease all dollar amounts in this chapter based on changes in economic conditions as reflected in the inflationary indexusedby the commission under RCW 42.17.370. The new dollar· amounts establishedby the commissionunder 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 multipliedbythe 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 contributionbyDecember 3, 1992, must be disposedof in accordance with RCW 42.17.095. [1993 c 2 § 10 (Initiative Measure No. 134, approvedNovember 3, 1992).J

RCW 42.17.710. Time limit for state official to solicit or accept contributions. During theperiodbeginningonthe 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

# .-

•

• 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, orto retire a campaigndebt. [1993 c 2 § 11 (Initiative Measure No. 134, approvedNovember 3, 1992).J

RCW42.17.720 Restriction on loans. (1) Aloan 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) Aloan 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 ofbusiness; and (c) On the same terms ordinarily available to members of the public, are not subject to the contribution limits ofthis 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 ofemployer, ifany, orplace ofbusiness 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

RCW42.17.740 -Certaincontributions required tobebywritten instrument. (1) Apersonmay not make a contribution ofmore**th~n** *fifty dollars, other than an in-kind contribution, except by a written instrument containing the name ofthe donor andthe name of the payee. (2) Apolitical committee may not make a contribution, other than in-kind, except bya written instrument containing the name of the donor and the name ofthe payee. [1995 c 397 § 23; 1993 c 2 § 14 {Initiative Measure No. 134, approvedNovember 3, 1992).J

NOTES:

*Reviser's note: The dollar amounts in this sectionhave been adjusted for inflationbyrule 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 oremployees. (I) No state or local official or state or

RCW (10/30/0 10:15) [ 89 Jlocal 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 orpublic employee mayprovide 

# 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 orpromise to contribute or failure to make a contribution or contribute to a political party orpolitical committee. [1995 c 397 § 24; 1993 c 2 § 15 (Initiative Measure No. 134, approvedNovember 3, 1992).]

RCW 42.17.760 Agency shop fees as contributions. A labor organizationmaynot use agency shop fees paidby 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).]

RCW42.17.770 Solicitationofendorsement fees. Apersonmay not solicit from a candidate for public office, political committee, political party, orotherpersonmoney orotherproperty

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, approvedNovember 3, 1992).]

RCW42.17.780 Reimbursement for contributions. Apersonmay not, directly or indirectly, reimburse another person for a contribution to a candidate forpublic office, political committee,

or political party. [1995 c 397 § 26; 1993 c 2 § 18 (Initiative Measure No. 134, approvedNovember 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 forpublic office orthe candidate's political committee may not use orpermit the use of contributions, whether

or not surplus, solicited for or received by the candidate for public office orthe 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 orthe candidate's political committeemayuse or

RCW (10/30/0 10:15) [ 90 ]

# •

•

• permit theuse ofcontributions, whether ornot surplus, solicited for or received by the candidate for public office or the candidate's political committee from that contributor to further the candidacyofthe individual for anoffice otherthanthe office designated on the statement of organization. If the contributor does not approve the use ofhis orher 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 contributionmust 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, approvedNovember 7, 1972).J

RCW 42.17.910 Severability--1973 c 1. If any provision of "this act or its application to anyperson or circumstance is held invalid, the remainder of the act, or the·application of the provision to otherpersons orcircumstances is not affected. [1973 c 1 § 46 {InitiativeMeasureNo. 276, approvedNovember 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 orcircumstance is held invalid, the remainder ofthe act,

or the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 294 § 29.]

RCW42.17.912 Severability--1975-'76 2nd ex.s. c 112. Ifany provision of this 1976 amendatory act, or its application to any person orcircumstance is held invalid, the remainderof 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

RCW42.17.920 Construction--1973 c 1. Theprovisions ofthis
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, approvedNovember 7, 1972).]

RCW 42.17.930 Chapter, section headings not part of law. Chapterand section captions orheadings.as used inthis act do not constitute anypart ofthe law. [1973 c 1 § 48 (InitiativeMeasure No. 276, approyedNovember7, 1972).]

RCW (10/30/0 10:15) [ 91 ]RCW 42.17.940 Repea1er--1973 c 1. Chapter 9, Laws of 1965,

as amendedby 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 [chapter44.64 RCW];.andchapter 82, Laws of 1972 (42ndLeg. 2ndEx. Sess.) andReferendumBill No. 24; and chapter 98, Laws of 1972 (42ndLeg. 2ndEx. Sess.) and ReferendumBill No. 25 are each hereby repealed. [1973 c 1 § 50 (Initiative Measure No. 276, approvedNovember 7, 1972).]

RCW 42.17.945 Construction--1975-'76 2nd ex.s. c 112. The provisions ofthis 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 commissionunder anyotherprovision of chapter 42.17 RCW. [1975- '76 2nd ex.s. c 112 § 15.]

RCW 42.17.950 Captions. Section captions andpart headings used in this act do not constitute any part of the law. [1993 c 2
§ 34 (Initiative Measure No. 134, approvedNovember 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, approvedNovember 3, 1992).]

RCW42.17.960 Effective date--1995 c 397. Sections 1 through 32, 34, and 37 of this act are necessary for the immediate preservationofthepublicpeace, 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.]

RCW42.17.962 Severabi1ity--1995 c 397. Ifanyprovisionof this act or its application to anyperson or circumstance is held invalid, the remainder of the act or the· application of the provision to otherpersons orcircumstances is not affected. [1995

c 397 § 38.]

/"

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RCW (10/30/0 10:15) [ 92 ]