I

LI , Cllapter 42.17 Public Officers .... A.~es ~.. . ..•, t':'!,.~

rnlle 42 RCW...., 101

Chapter 42.17

DISCLOSURE---CAMPAIGN FINANCES--

LOBBYING---RECORDS

Prompt responses required.

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.

Effective date--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 of Washington:

(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 of interest between the public trust and private interest.

(4) That our representative form of government is

founded on a belief that those entrusted with the offices

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

those officials deal honestly and fairly with the people.

(5) That public confidence in government at all levels

is essential and must be promoted by all possible means.

(6) That public confidence in government at all levels

can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and decisions.

(7) That the concept of attempting to increase financial participation of individual contributors in political

campaigns is encouraged by the passage of the Revenue

Act of \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--Unidentified contributions.

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 political committees.

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 BY PUBLIC TREASURERS

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

PUBLIC RECORDS

Duty to publish procedures.

Documents and indues to be: made public.

Facilities for copying--Availability of public records.

Times for inspection and copying.

Protection of public records-Public access.

Charges for copying.

Certain personal and other records exempt.

Certain records obtained by colleges. universities. libraries or archives Cllempt.

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).

Local elected officials. time for filing statements.

Concealing identity of source of 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,

1·

I

I·

, .,

, ; I,
I " Disclosure .~.

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 concerning

the 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 of all information

respecting the financing of political campaigns and lobbying, and the financial affairs of elected officials and

candidates, and full access to public records so as to assure continuing public confidence of fairness of elections

and governmental processes, and so as to assure that the

public interest will be fully protected. In promoting such

complete disclosure, however. this chapter shall be enforced so as to insure that the information disclosed will

not be misused for arbitrary and capricious purposes and

to insure that all persons reporting under this chapter :

will be protected from harassment and unfounded allegations based on information they have freely disclosed.

[1975 1st ex.s, c 294 § 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

voters of the state or any municipal corporation, 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

prior to 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

to seek election 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 who

sells the service of communicating messages or producing printed material for broadcast or distribution to the

general public or segments of the general public whether

through the use of newspapers, magazines, television and

radio stations. billboard companies, direct mail advertising companies, printing companies. or otherwise.

(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 or

other payments made by a governmental entity to reimburse a public official for expenses incurred while such

official 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 than

full 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 by

volunteer 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 are

contributions; however, the amount of any such contribution may be reduced for the purpose of complying

with the reporting requirements of this chapter, by the

actual cost of consumables furnished in connection with

the purchase of 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,

mile 42 RCW-. III
-'I . III ., I TItle 41 Rt.: \)Y: Public Officen and A '-'--'~ies f I , t

. I . I L,

1 I

i I

: i

I

i

i

I'

: I'

..

,

41.17.010

That an election in which the qualifications for voting

include other than those requirements set forth in Article VI. section I (Amendment 63) of the Constitution of

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

(13) "Election campaign" means any campaign in

support of or in opposition to a candidate for election to

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

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

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

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

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

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

of anything of value in exchange for goods. services,

property. facilities. or anything of value for the purpose

.of assisting. benefiting, or honoring any public official or

candidate, or assisting in furthering or opposing any

election campaign. For the purposes of this chapter.

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

shall not include the partial or complete repayment by a

candidate or political committee of the principal of a

loan. the receipt of which loan has been properly reported, 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 or

proposed 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 by

the legislature of the state of Washington. or the adoption or rejection of any rule. standard. rate. or other

legislative enactment of any state agency under the state

administrative procedure 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.

£ntlt 41 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 advertising

displays. newspaper ads. billboards, signs, brochures. articles. tabloids. flyers, letters, radio or television presentations. or other means of mass communication, used for

the purpose of appealing. directly or indirectly. for votes

or for financial or other support in any election

campaign.

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

a candidate or an individual dealing with his own funds

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

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

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

or other state political subdivision elective office.

(26) "Public record" includes any writing containing

information relating to the conduct of government or the

performance of any governmental or proprietary function prepared. owned. used. or retained by any 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 of that committee or candidate subsequent to the election for which

the contributions were received. and which are in excess.

of the amount necessary to pay remaining debts incurred

by the committee or candidate prior to that election. In

the case of a continuing political committee. "surplus

funds" mean those contributions remaining in the possession or control of the committee 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).)

EffKtiYf date--1977 n.s. e 313; "This 1977 amendatory act shall

take effect on January I. 1978." 11977 cu. 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 of the 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.)