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### , Cllapter42.17 

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## rnlle42RCW...., 101 Chapter42.17
DISCLOSURE---CAMPAIGN FINANCES-- LOBBYING---RECORDS Prompt responsesrequired. Court protection of public records. Judicial review of agency actions. 42.17.320 42.17.330 42.17.340

ADMINISTRATION AND ENFORCEMENT 42.17.350 Public disclosure commission--Established-- Membe:rship---Compensation. travel expenses. Commission--Duties. Commission--Additional powers. Secretary of state, attorney general--Duties. Civil remedies anJ sanctions. Civil penalty for untimely riling--Payment--

Wah·er--Enforcement. Violations--Determination by commission--Issuance and enforcement of order-·-Hc:aring--Referral--Judicial review--Petition for order of enforcement. Procedure upon petition for enforcement of order of

commission--Court's order of enforcement. Enforcement. Limitation on actions. Date of mailing deemed date of receipt. Certi fication of reports. Statements and reports public records. Duty to preserve statements and reports. Effectivedate--1973 c I. Severability--1973 c I. Severability--1975 1st ex.s, c 294. Severability--1975-'76 2nd ex.s. c 112. Construction--1973 c I. Chapter. section hc:adings not part of law. Repc:aler--1973 c I. Construction--1975-'76 2nd ex.s. c 112. 42.17.360 42.17.370 42.17.380 42.17.390 42.17.392

42.17.395

42.17.397

42.17.400 42.17.410 42.17.420 42.17.430 42.17.440 42.17.450 42.17.900 42.17.910 42.17.911 42.17.912 42.17.920 42.\ 7.930 42.17.940 42.17.945

42.17.010 Declaration of policy. It is hereby declared by the sovereign people to be the public policy of the
state ofWashington: (l) That political campaign and lobbying contributions and expenditures be fully disclosed to the public and that secrecy is to be avoided. (2) That the people have the right to expect from their elected representatives at all levels of government the utmost of integrity, honesty, and fairness in their dealings. (3) That the people shall be assured that the private financial dealings of their public officials, and of candidates for those offices. present no conflict ofinterest between the public trust and private interest. (4) That our representative form of government is founded on a beliefthat those entrusted with the offices ofgovernment have nothing to fear from full public disclosure oftheir financial and business holdings, provided those officials deal honestly and fairly with the people. (5) That public confidence in government at all levels is essential and must be promoted by all possible means. (6) That public confidence in government at all levels can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and decisions. (7) That the concept of attempting to increase financial participation of individual contributors in political campaigns is encouraged by the passage of the Revenue Act of \97\ by the Congress of the United States, and in consequence thereof, it is desirable to have implementing legislation at the state level. (8) That the concepts of disclosure and limitation of election campaign financing are established by the passage of the Federal Election Campaign Act of 1971 

### by

(1981 Ed.) Declaration of policy. Definitions.

CAMPAIGN FINANCING Applicability. Obligation of political committees to file statement of

organization. Campaign trc:asurer--Depositories. Deposit of contributions--Statement of campaign

trc:asurer--Investmc:nt of campaign funds. qualifications--Unidentifiedcontributions. Filing and reporting by continuing political committee. Fund-raising activities-Reporting by political commiUc:c:s in lieu of reporting under RCW 42.17.060--- Standards--Deposits--Statements. Authorization of expenditures and restrictions thereon. Candidates' and treasurers' duty to report. Contents of report. Disposalof surplus funds. Special reports--Independent campaign expendi-:

tures---Contributions to politicalcommittees. Commercial advertisers--Documents and books of

account to be: open for public inspection--Delivery of copies to commission upon request. Identification of contributions and communications. Candidate's personal use of contributions--When

permitted. Forbids usc: of public office or agency facilities in

campaigns, Campaign expenditure limitations.

REPORTING BYPUBLIC TREASURERS

Public accounts of governmental entities held by financial institutions--Reports--Contents-Filing.

PUBLIC RECORDS Duty to publishprocedures. Documents and indues to be: made public. Facilities forcopying--Availability of public records. Times for inspection and copying. Protection of publicrecords-Public access. Charges for copying. Certain personal and other records exempt. Certain recordsobtained by colleges. universities. librariesor archivesCllempt. 42.17.065 42.17.067 42.17.030 42.17.040

41.17.050 42.17.060 Sections
42.17.010 42.17.020

42.17.070 42.17.080 42.17.090 42.\7.095 42.17.\00

42.\7.110

42.17.120 42.\7.\25

42.17.250 42.17.260 42.17.270 42.17.280 42.17.290 42.17.300 42.17.310 42.17.315 42.17.245 42.17.130

42.17.140

42.17.240

42.17.243 42.17.160 42.17.170 42.17.180 42.17.190 LOBBYIST REPORTING Registration of lobbyists. Photograph and information--Booklet--Publication--Lobbyists' booklet revolving fund. Exemption from registration. Reporting by lobbyists. Reports by employers of registered lobbyists. Legislative activities of state agencies and other units of

government. Grass roots lobbying campaigns. Employment of legislators. attaches. or state employc:c:s---Statement. contents and filing. 42.17.220 Employment of unregistered persons. 42.17.230 Duties of lobbyists.

REPORTING OF ELECTED OFFICIALS FINANCIAL AFFAIRS 42.17.240 Elected and appointed officials reports of financial affairs (as amended by 1981 c 311).Elected and appointed officials reports of financial afrairs (as amended by 1981 c 67). Localelected officials. time for filingstatements. Concealing identity ofsourceof payment prohibited--

Exception. Public office fund--What constitutes. restrictions on

use--Reporting of--Disposal of remaining funds. 42.17.200 42.17.210

42.17.241 42.17.242 42.17.150 42.17.155 i, 

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### the Congress of the United States. and in consequence thereof it is desirable to have implementing legislation at the state level.(9) That small contributions by individual contributors are to be

### encouraged. and that not requiring the reporting of small contributions may tend to encourage such contributions. (10) That the public's right to know of the financing of political campaigns and lobbying and the

### financial affairs of elected officials and candidates far outweighs any right that these matters remain secret and private. (II) That, mindful of the right of individuals to privacy and of the desirability of the efficient administration of government. full access to information concerningthe conduct of government on every level must be assured as a fundamental and necessary precondition to the sound governance of a free society.

The provisions of this chapter shall be 

### liberally construed to promote complete disclosure ofall informationrespecting the financing of political campaigns and lobbying, and the financial affairs of elected officials andcandidates, and full access to public records so as to assure continuing public confidence of fairness of elections and governmental processes, and so as to assure that the public interest will be fully protected. In promoting such complete disclosure, however. this chapter shall be enforced so as to insure that the information disclosed will not be misused forarbitrary and capricious purposes and to insure that all persons reporting under this chapter : will be protected from harassment and unfounded allegations based on information they have freely disclosed. [1975 1st ex.s, c 294 § 

### I; 1973 c I § 

### I (Initiative Measure No. 276 § 

### I).]

42.17.020 Definitions. (1) 

### "Agency" includes all state agencies and all local agencies. "State agency" includes every state office. department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation. or special
purpose district. or any office, department, division, bureau, board. commission, or agency thereof. or other local public agency.(2) "Ballot proposition" means any "measure" as defined by RCW 29.01.110. or any initiative. recall. or referendum proposition proposed to be submitted to the
votersof the state or any municipalcorporation, political subdivision or other voting constituency from and after the time when such proposition has been initialIy filed with the appropriate election officer of that constituency priorto its circulation for signatures.

(3) "Campaign depository" means a bank designated by

### a candidate or political committee pursuant to RCW 42.17.050.

(4) "Campaign treasurer" and "deputy campaign treasurer" mean the individuals appointed by a candidate or political committee. pursuant to RCW 42.17-

.050, to perform the duties specified in that section.

(5) "Candidate" means any individual who seeks election to public office. An individual shall be deemed
toseekelection when he first: (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his candidacy for office; or (b) Announces publicly or files for office. (6) "Commercial advertiser" means any person whosells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television andradio stations. billboard companies, direct mail advertising companies, printing companies. or otherwise.(7) "Commission" means the agency established under RCW 42.17.350. (8) "Compensation" unless the context requires a narrower meaning. includes payment in any form for real or personal property or services of any kind: 

### Provided, That for the purpose of compliance with RCW 42.17.240, as now or hereafter amended. the term "compensation" shall not include per diem allowances orother payments made by a governmental entity to reimburse a public official for expenses incurred while suchofficial is engaged in the official business of such governmental entity.(9) "Continuing political committee" means a political committee which is an organization of continuing existence not established in anticipation of any particular election. (10) "Contribution" includes a loan. gift, deposit, subscription, forgiveness of indebtedness. donation, advance, pledge. payment. transfer of funds between political committees. or transfer of anything of value, including personal and professional services for less thanfull consideration, but does not include interest on moneys deposited in a political committee's account, ordinary home hospitality and the rendering of "part time" personal services of the sort commonly performed byvolunteer campaign workers or incidental expenses personally incurred by volunteer campaign workers not in excess of twenty-five dollars personally paid for by such worker. "Part time" services, for the purposes of this chapter, means services in addition to regular full time employment, or, in the case of an unemployed person,services not in excess of twenty hours per week. excluding weekends. For the purposes of this chapter. contributions other than money or its equivalents shall be 

### deemed to have a money value equivalent to the fair market value of the contribution. Sums paid for tickets
to fund-raising events such as dinners .and parties arecontributions; however, the amount of any such contribution may be 

### reduced for the purpose of complying with the reporting requirements of this chapter, by the actual cost of consumables furnished in connection with the purchase of such tickets. and only the excess over actual cost of such consumables shall be deemed a contribution. (11) "Elected official" means any person elected at a general or special election to any public office. and any person appointed to fill a vacancy in any such office.(12) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: 

### Provided,

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### That an election in which the qualifications for votinginclude other than those requirements set forth in Article VI. section I (Amendment 63) of the Constitution ofthe state of Washington shall not be considered an election for purposes of this chapter. (13) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of. or in opposition to. a ballot proposition. (14) "Expenditure" includes a payment. contribution. subscription. distribution, loan, advance. deposit. or gift of money or anything of value, and includes a contract.promise. or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay. a payment or a transfer of anything of value in exchange for goods. services, property. facilities. or anything of value for the purpose .of assisting. benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter. agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of aloan. the receipt of which loan has been properly reported, or payment of service charges against a political committee's campaign account. (15) "Final report" means the report described as a final report in RCW 42.17.080(2). (16) "Immediate family" includes the**spouse~** 

### dependent children, and other dependent relatives. if living in the household. (17) "Legislation" means bills. resolutions. motions. amendments, nominations, and other matters pending orproposed in either house of the state legislature. and includes any other matter which may be 

### the subject of action by either house. or any committee of the legislature and all bills and resolutions which having passed both houses, are pending approval by the governor. (18) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation bythe legislature of the state of Washington. or the adoption or rejection of any rule. standard. rate. or other legislative enactment of any state agency under the state administrative procedure acts. chapter 34.04 RCW and chapter 288.19 RCW. (19) •Lobbyist" includes any person who shall lobby either in his own or another's behalf. (20) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he is compensated for acting as a lobbyist. (21) "Person" includes an individual. partnership. joint venture. public or private corporation. association, federal. state, or local governmental entity or agency however constituted. candidate. committee. political committee. political party. executive committee thereof. or any other organization or group of persons. however organized.

£ntlt41 RCW-p

### 111 (22) "Person in interest" means the person who is the subject of a record or any representative designated by said person. except that if such person be under a legal disability. the term "person in interest" shall mean and include the parent or duly appointed legal representative. (23) "Political advertising" includes any advertisingdisplays. newspaper ads. billboards, signs, brochures. articles. tabloids. flyers, letters, radio or television presentations. or other means of mass communication, used for the purpose of appealing. directly or indirectly. for votes or for financial or other support in any election campaign. (24) "Political committee" means any person (except

a candidate or an individual dealing with his own funds.or property) having the expectation of receiving contributions or making expenditures in support of. or opposition to. any candidate or any ballot proposition. (25) "Public office" means any federal. state. county• city. town. school district. port district. special district. or other state political subdivision elective office. (26) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared. owned. used. or retained by any state or local agency regardless of physical form or characteristics. (27) "Surplus funds" mean, in the case of a political committee or candidate. the balance of contributions which remain in the possession or control ofthat committee or candidate subsequent to the election for which the contributions were received. and which are inexcess. of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee. "surplus funds" mean those contributions remaining in the possession or control of the committee which are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065. (28) "Writing" means handwriting, typewriting. printing. photostating. photographing. and every other means of recording any form of communication or representation. including letters. words. pictures, sounds. or symbols. or combination thereof. and all papers. maps, magnetic or paper tapes. photographic films and prints, magnetic or punched cards. discs, drums, and other documents. As used in this chapter. the singular shall take the plural and any gender. the other. as the context requires. [1979 ex.s, c 50 § 

### I; 1977 ex.s, c 313 § 

### 1; 1975 1st ex.s, c 294 § 

### 2; 1973 c I § 

### 2 (Initiative Measure No. 276 § 2).)

EffKtiYfdate--1977 n.s. e 313; "This 1977 amendatory actshall take effect on January I. 1978." 11977cu. c 313 § 9.)**Se.~rability-1977** ex.s, e 313: 'If any provision of this 1977 amendatory act. or its application to any person or circumstance is held invalid, the remainder ofthe act, or the application of the provision to other persons or circumstances is not affected." 11977 ex.s. C 313 

### I 8.)

The foregoing annotations apply to the amendment of RCW 42.17· .020. 42.17.030, 42.17.060, 42.17.160. 42.17.170. and 42.17.190 and the repeal of RCW 42.17.195.

(198\ Ed.)