• Chapter 42.17 RCW

DISCLOSURE-CAMPAIGN FINANCES-LOBBYINGRECORDS

REPORTING OF PUBLIC OFFICIALS' FINANCIAL AFFAIRS

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

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42.17.110

42.17.120

42.17.125

42.17.128

42.17.130

42.17.131

42.17.132

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

42.17.220

42.17.230

REPORTING BY PUBLIC TREASURERS

42.17.245 Public accounts of governmental entities held by financial

institutioas-s-Statements and reports-c-Contents-e-Filing.

Public office fund-What constitutes. restrictions on u~­

Reponing of-Disposal of remaining funds.

PUBLIC RECORDS

Duty to publish procedures.

Construction.

Invasion of privacy, when.

Disclaimer of public liability.

Documents and indexes 10 be made public.

Public information access policy task force.

Facilities for copying-Availability of public records.

Times for inspection and copying.

Protection of public records-Public access.

Destruction of information relating to employee misconduct.

ADMINISTRAnON AND ENFORCEMENT

Public disclosure commission-Established-MembershipCompensation. travel expenses.

Commission-Duties.

Audits and investigations.

Electronic access to commission documents.

Commission-Additional powers.

Reports filed with county elections official-Rules governing.

Secretary of state. attorney general-Duric.~.

Civil remedies and sanctions.

Violations-Determination by commission-Issuance and

enforcement of order-Hearing-Referral-Judicial

review-e-Peution for order of enforcement.

Procedure upon petition for enforcement of order of commission-Court's order of enforcement.

Enforcement.

Suspension. reapplication of reponing requirements in small

political subdivisions.

42.17.243

42.17.250

42.17.251

42.17.255

42.17.258

42.17.260

42.17.261

42.17.270

42.17.280

42.17.290

42.17.295

42.17.300

42.17.310

42.17.311

Charges for copying.

Certain personal and other records exempt.

Duty to disclose or withhold information~herwise provided.

42.17.312 Medical records-Health care information.

42.17.313 Application for license under chapter 31.45 RCW-Certain

infonnation exempt.

42.17.314 Electrical utility records, request by law enforcement agency.

42.17.315 Certain records obtained by colleges, universities. libraries.

or archives exempt.

42.17.316 Certain records of impaired physician program exempt.

42.17.317 Information on commercial fertilizer distribution exempt.

42.17.318 Information on concealed pistol licenses exempt.

42.17.319 Certain records of investment opponunities office exempt.

42.17.31901 Identity of child victims of sexual assault exempt.

42.17.31902 Infant mortality review.

42.17.320 Prompt responses required.

42.17.325 Review of agency denial.

42.17.330 Coon protection of public records.

42.17.340 Judicial review of agency actions.

42.17.348 Explanatory pamphlet.

42.17.350

42.17.360

42.17.365

42.17.367

42.17.370

42.17.375

42.17.380

42.17.390

42.17.395

42.17.400

42.17.405

42.17.397

Declaration of policy.

Definitions.

Additional definitions.

CAMPAIGN FINANCING

Applicability-Exceptions. '

Obligation of political committeesto file statement of organization.

Treasurer-Depositories.

Deposit of contributions-Investment of campaign funds.

qualifications-Unidentified contributions-Cash contributions.

Filing and reponing by continuing political committee.

Fund-raising activities-Alternative reponing method.

Expenditures-Authorization of and restrictions on.

Candidates' and treasurers' duty to report contributions and

expenditures.

Contents of report.

Disposal of surplus funds.

Special reports-Independent campaign expenditures.

Special reports, late contributions or totals over five hundred

dollars-Certain late contributions prohibited.

Commercial advertisers-s-Documents and books of account

open for public inspection-Delivery of copies to commission upon request.

Identification of contributions and communications.

Personal use of contributions-When permitted.

Use of public funds for political purposes.

Forbids use of public office or agency facilities in campaigns.

Exemption from RCW 42.17.130.

Restrictions on mailings by incumbents.

Earmarked contributions.

LOBBYIST REPORTING

Registration of lobbyists.

Photograph and informauon-Booklet-Publication.

Exemption from registration.

Reporting by lobbyists.

Notification to person named in report. .

Special reports-Late contributions or tocals over fi~e hundred dollars.

Reports by employers of registered lobbyists, other persons.

Legislative activities of Slate 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.

Employment of unregistered persons.

Lobbyists' duties, restrictions.

Elected and appointed officials, candidates. and appointees-Repons of financial affairs and gifts.

"Executive Slate officer" defined.

Contents of report.

Reporting gifts.

Concealing identity of source of payment prohibitedException.

Sections

42.17.010

42.17.020

42.17.021

42.17.2401

42.17.241

42.17.2415

42.17.242

42.17.240

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(1994) (0. 42.17--p. I)
Chapter 42.17 Dlsdosure-CampalpJl1nances-LobbyiDg-Records

TECHNICAL PROVISIONS

42.17.900 Effective date-1973 c 1.

42.17.910 Severability-1973 c 1.

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

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

42.17.920 Construction-1973 c 1.

42.17.930 Chapter, section headings not pan of law.

42.17.940 Repealer-1973 c 1.

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

42.17.950 Captions.

42.17.955 Short title-1993 c 2.

Basic health plan records: RCW 70.47.150.

Information held private CJJU1 confidential-s-Requests for disclosure: RCW

50.13.015.

Materials specifically authorized to be prinud CJJU1 distributed by secretary

ofstate: RCW 43.07.140.

Providing factual information on boundary changes: RCW 35.21.890.

RCW 42.17.010 Declaration of policy. It is hereby

declared by the sovereign people to be the public policy of

the state of Washington:

(I) 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 representati ve form of government is

founded on a belief that those entrusted with the offices of

government have nothing to fear frotn full public disclosure

reh. 42.17-p. 1)

42.17.410

42.17.420

42.17.430

42.17.440

42.17.450

42.17.505

42.17.510

42.17.520

42.17.530

42.17.S40

42.17.550

42.17.610

42.17.620

42.17.630

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

Umiullion on actions.

Date of mailing deemed dateof receipt-Exception.

Certification of reports.

. Statements and repons public records.

Duty to preserve S18lements and reports,

POLmCAL ADVERTISING

Defmitions.

Identification of sponsor-Exemptions.

Picture of candidate.

False political advenising.

Responsibility for compliance.

Independent expenditure disclosure.

CAMPAIGN CONTRIBUTION UMITATIONS

Findings.

Intent.

Definitions.

Umits specified.

Attribution and aggregation of family contributions.

Attribution of contributions by controlled entities.

Attribution of contributions generally-"Earmarking."

Limitations on employers or labor organizations.

Changing monetary limits.

Contributions before December 3, 1992.

Time limit for state official to solicit or accept contributions.

Restriction on loans.

Contributions on behalf of another.

Certain contributions required to be by wrinen instrument.

Solicitation of contributions by government employees.

Agency shop fees as contributions.

Solicitation for endorsement fees.

Reimbursement for contributions. .

Prohibition -on use of contributions for a different office.

of their financial and business holdings, provided those

officials deal honestly and fairly with the people.

(5) That public confidence in government at all levelsO

is essential and must be promoted by all possible means.

(6) That public confidence in government at all levels

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

decisions.

(7) That the concept of attempting to increase financial

participation of individual contributors in political campaigns

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

the Congress of the United States, and in consequence

thereof. it is desirable to have implementing legislation at the

state level.

(8) That the concepts of disclosure and limitation of

election campaign financing are established by the passage

of the Federal Election Campaign Act of 1971 by the

Congress of the United States, and in consequence thereof it

is desirable to have implementing legislation at the state

level.

(9) That small contributions by individual contributors

are to be encouraged. and that not requiring the reponing 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 the0

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 Ist ex.s. c 294 § I; 1973 c I

§ I (Initiative Measure No. 276. approved November 7,

1972).]

RCW 42.17.020 Defmitlons. (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, 0

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

(1994)
Dtsdosure-Campalgn .Flnan~LobbylnI"=R~rds. __

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proposition proposed to be submitted to the voters of the.

state or any municipal corporation. political subdivision, or

other voting constituency from and after the time when the

proposition has been initially filed with the appropriate

election officer of that constituency prior to its circulation

for signatures.

(3) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.

(4) 'Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee,

pursuant to RCW 42.17.050. to perform the duties specified

in that section.

(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 42.17.241,

the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to

reimburse a public official for expenses incurred while the

official is engaged in the official.business of the governmental entity.

,(9) "Continuing political committee" means a political

committee that is an organization of continuing existence not

established in anticipation of any particular election campaign.

(10) "Contribution" includes a loan, gift, deposit.

subscription. forgiveness of indebtedness, donation, advance.

pledge. payment. transfer of funds between political committees, or transfer of anything of value. including personal and

professional services for less than full consideration. but

does not include interest on moneys deposited in a political

committee's account, ordinary home hospitality and the

rendering of personal services of the sort commonly performed by volunteer campaign workers. or incidental

expenses personally incurred by volunteer campaign workers

not in excess of fifty dollars personally paid for by the

worker. Volunteer services, for the purposes of this chapter,

means services or labor for which the individual is not

compensated by 'any person. For the purposes of this

chapter. contributions other than money or its equivalents

shall be deemed to have a money value equivalent to the fair

market value of the contribution. Sums paid for tickets to

fund-raising events such as dinners and parties are contributions; however. the amount of any such contribution may be

reduced for the purpose of complying with the reporting

requirements of this chapter, by the actual cost of

(1994)

consumables furnished in connection with the purchase of

the tickets. and only the excess over the actual cost of the

consumables shall be deemed a contribution.

(11) "Elected official" means any person elected at a

general or special election to any public office, and any

person appointed to fill a vacancy in any such office.

(12) "Election" includes any primary. general. or special

election for public office and any election in which a ballot

proposition is submitted to the voters: PROVIDED. That an

election in which the qualifications for voting include other

than those requirements set forth in Article VI. section 1

(Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this

chapter.

(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 reponed

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 reponed.

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

report in RCW 42.17.080(2).

(16) "Gift," for the purposes of RCW 42.17.170. and'

42.17.2415, means a rendering of anything of value in return

for which reasonable consideration is not given and received

and includes a rendering of money. property, services.

discount. loan forgiveness. payment of indebtedness. or

reimbursements from or payments by persons (other than the

federal government, or the state of Washington or any

agency or political subdivision thereof) for travel or anything

else of value. The term "reasonable consideration" refers to

the approximate range of consideration that exists in transactions not involving donative intent. However, the value of

the gift of partaking ill a single hosted reception shall be

determined by dividing the total amount of the cost of

conducting the reception by the total number of persons

partaking in the reception. "Gift" for the purposes,of RCW

42.17.170 and 42.17.2415 does not include:

(a) A gift, other than a gift of partaking in a hosted

reception, with a value of fifty dollars or less;

(b) The gift of partaking in a hosted reception if the

value of the gift is one hundred dollars or less;

(c) A contribution that is required to be reponed under

RCW 42.17.090 or *42.17.243;

(d) Informational material that is transferred for the

purpose of informing the recipient about matters pertaining

to official business of the governmental entity of which the

leb. 42.17-p. 3)

":i
42.17.020 Disclosure--CampaJgn Ftnances-~bbytna-Records

recipient is an official or officer, and that is not intended to

confer on that recipient any commercial, proprietary.

financial. economic. or monetary advantage, or the avoidance

of any commercial. proprietary. financial. economic. or

monetary disadvantage;

(e) A gift that is not used and that. within thirty days

after receipt. is returned to the donor or delivered to a

charitable organization. However. this exclusion from the

definition does not apply if the recipient of the gift delivers

the gift to a charitable organization and claims the delivery

as a charitable contribution for tax purposes;

(f) A gift given under circumstances where it is clear

beyond any doubt that the gift was not made as part of any

design to gain or maintain influence in the governmental

entity of which the recipient is an officer or official or with

respect to any legislative matter or matters of that governmental entity; or

(g) A gift given prior to September 29. 1991.

(17) "Immediate family" includes the spouse. dependent

children. and other dependent relatives. if living in the

household.

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

amendments. nominations, and 'other matters pending or

proposed in either house of the state legislature. and includes

any other matter that may be the subject of action by either

house or any committee of the legislature and all bills and

resolutions that. having passed both houses, are pending

approval by the governor.

(19) "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. stand..rd, rate, or other legislative

enactment of any state agency under the state Administrative

Procedure Act. chapter 34.05 RCW. Neither "lobby" nor

"lobbying" includes an association's or other organization's

act of communicating with the members of that association

or organization.

(20)"Lobbyist" includes any person who lobbies either

in his own or another's behalf.

(21) "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.

(22) "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.

(23) "Person in interest" means the person who is the

subject of a record or any representative designated by that

person. except that if that person is under a legal disability,

the term "person in interest" means and includes the parent

or duly appointed legal representative.

(24) "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.

(25) "Political committee" means any person (except a

candidate or an individual dealing with his own funds or

propenyl having the expectation of receiving contributions

[eb. 4:U7-p. 4)

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

candidate or any ballot proposition.

(26) "Public office" means any federal. state. county. -

city. town. school district, port district, special district. 0Ci'\

other state political subdivision elective office. )

(27) "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.

(28) "Surplus funds" mean. in the case of a political

committee or candidate, the balance of contributions that

remain in the possession or control of that committee or

candidate subsequent to the election for which the contributions were received, and that are in excess of the amount

necessary to pay remaining debts incurred by the committee

or candidate prior to that election. In the case of a continuing political comminee,·"surplus funds" mean thosecontributions remaining in the'possession or control of thecommittee

that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW

42.17.065.

(29) "Writing" means handwriting. typewriting. printing.

photostating. photographing. and every other means of

recording any form of communication or representation.

including. but not limited to. letters. words. pictures. sounds.

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

magnetic or paper tapes, photographic films and prints.

motion picture, film and video recordings. magnetic or

punched cards, discs. drums, diskettes, sound recordings. and

other documents including existing data compilations fromO

which information may be obtained or translated.

As used in this chapter. thesingular shall take the plural

and any gender, the other, as the context requires. [1992 c

139 § I; 1991 sp.s. c 18 § 1; .1990 c 139 § 2. Prior: 1989

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

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

1 § 2 (Initiative Measure No. 276. approved November 7.

1972).]

-Reviser's note: RCW 42.17.243 was repealed by 1993 c 2 § 35

(lnitiarive Measure No. 134).

Lqislat,ive intent-l990 e 139: "The provisions of this act which

repeal the reponing requirements established by chapter 423. Laws of 1987

for registered lobbyists and employers of lobbyists are DO( intended to alter.

expand. or restrict whatsoever the definition of "lobby" or "lobbying"

contained in RCW 42.17.020 as it existed prior 10 theenactment of ch:lpter

423. Laws of 1987." [1990 c 139 1.1

ED'ective clate-l989 c 280: "This act shall take effect January I.'

1990." [1989 c 280 § 14.1

Effective date-l989 c 175: See noee following RCW 34.05.010.

Effective date-1m eu. c 313: "This 1977 amendatory act shall

take effect on January I. 1978." [1977 ex.s. c 313 9.1

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

amendatory act. or iu application to any person or circumstance is beld

invalid. the remainder of the act. or the application of the provision to Olber

persons or circurnsunces is not affected." [1977 ex.s. c 313 8.1

RCW 42.17.021 Additional definitions. Unless the

context clearly requires otherwise. the definitions in this

section apply throughout this chapter. .---....

(l) "Benefit" means a commercial, proprietary, financial,U'

economic, or monetary advantage. or the avoidance of a

(1994)
Dlsdosure-Campalgn Flnances-Lobbylng-Records

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commercial, proprietary, financial, economic. or monetary

disadvantage.

(2) "Gift" means a rendering of money, property.

services. discount. loan forgiveness. payment of indebtedness. reimbursements from or payments by persons, other

than the state of Washington or an agency or political

subdivision thereof, for travel or anything else of value in

excess of fifty dollars in return for which legal consideration

of equal or greater value is not given and received but does

not include:

(a) A contribution that is required to be reported under

RCW 42.17.090 or *42.17.243;

(b) Informational material that is transferred for the

purpose of informing the recipient about matters pertaining

to official agency business. and that is not intended to

financially benefit that recipient;

(c) A symbolic presentation that is not intended to

financially benefit the recipient;

(d) An honorarium that is required to be reported under

this chapter;

(e) Hosting in the form of entertainment. meals. or

refreshments. the value of which does not exceed fifty

dollars. furnished in connection with official appearances,

official ceremonies. and occasions where official agency

business is discussed;

(f) Gifts that are not used and that. within thirty days

after receipt, are returned to the donor or delivered to a

charitable organization without being claimed as a charitable

contribution for tax purposes;

(g) Intrafamily gifts; or

(h) Gifts received in the normal course of private

business or social interaction that are not related to public

policy decisions or agency actions. [1993 c 2 § 30 (Initiative Measure No. 134. approved November 3, 1992).)

-Reviser's note: RCW 42.17.243 was repealed by 1993 c 2 § 3S

(Initiative Measure No. 134).

CAMPAIGN FINANCING

RCW 42.17.030 Applicability-Exceptions. The

provisions of this chapter relating to the financing of election

campaigns shall apply in all election campaigns other than

(I) for precinct committee officer; (2) for a federal elective

office; and (3) for an office of a political subdivision of the

state that does not encompass a whole county and that

contains fewer than five thousand registered voters as of the

date of the most recent general election in the subdivision.

unless required by RCW 42.17.405(2) through (5). [1987 c

295 § 18; 1986 c 12 § I; 1985 c 367 § 2; 1977 ex.s. c 313

§ 2; 1973 c I § 3 (Initiative Measure No. 276. approved

November 7. 1972).)

EfTectlve date-Severability-l977 eu. c 313: See notes following

RCW 42.17.020.

Cemetery district commissioners tumpt from chapter: RCW 68.52.140,

68.52.220.

RCW 42.17.040 Obligation of political committees

to file statement of organization. (l) Every political

committee, within two weeks after its organization or, within

two weeks after the date when it first has the expectation of

receiving contributions or making expenditures in any

(1994)

42.17.021

election campaign. whichever is earlier. shall file a statement

of organization with the commission and with the county

auditor or elections officer of the county in which the

candidate resides, or in the case of any other political

committee. the county in which the treasurer resides. A

political committee organized within the last three weeks

before an election and having the expectation of receiving

contributions or making expenditures during and for that

election campaign shall file a statement of organization

within three business days after its organization or when it

first has the expectation of receiving contributions or making

expenditures in the election campaign.

(2) The statement of organization shall include but not

be limited to:

(a) The name and address of the committee;

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

committees or other persons. and the nature of the relationship or affiliation;

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

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

responsible leaders;

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

(e) A statement whether the committee is a continuing

one;

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

candidate whom the committee is supporting or opposing.

and, if the committee is supporting the entire ticket of any

party. the name of the party; '"

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

whether the committee is in favor of or opposed to.such .

proposition; ..

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

accordance with RCW 42.17.095, in the event of dissolution: ,

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

which the committee will make available for public inspection its books of account and all reports filed in accordance

with RCW 42.17.080; and

G> Such other information as the commission may by

regulation prescribe. in keeping with the policies and

purposes of this chapter.

(3) Any material change in information previously

submitted in a statement of organization shall be reported to

the commission and to the appropriate county elections

officer within the ten days following the change. [1989 c

280 § 2; 1982 c 147 § 1; 1977 ex.s. c 336 § 1; 1975 1st

ex.s. c 294 § 3; 1973 c 1 § 4 (Initiative Measure No. 276•.

approved November 7, 1972).)

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

Severability-1977 es.s, e 336: "If any provision of this 1977

amendatory act. or its application 10 any person or circumstance is held

invalid. the remainder of the ect, or theapplication of the provision to other

persons or circumstances is not affected.· [1977 ex.s, c 336 § 8.) For

codification of 1m ex.s. c 336, see Codification Tables. Volwne O.

Effective dal~lm c I: See RCW 42.17.900.

RCW 42.17.050 Treasurer-Depositories. (I) Each

candidate. within two weeks after becoming a candidate. and

each political committee. at the time it is required to file a

statement of organization, shall designate and file with the

commission and the appropriate county elections officer the

names and addresses of:

[eb. 41.17-p. 5)
42.17.050

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

candidate, to serve as a treasurer; and

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

association. or credit union doing business in this state to

serve as depository and the name of th~ account or accounts

maintained in it.

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

may appoint as many deputy treasurers as is considered

necessary and may designate not more than one additional

depository in each other county in which the campaign is

conducted. The candidate or political committee shall file

the names and addresses of the deputy treasurers and

additional depositories with the commission and the appropriate county elections officer.

(3) A candidate may not knowingly establish. use.

direct. or control more than one political committee for the

purpose of supporting that candidate during a particular

election campaign. This does not prohibit: (a) In addition

to a candidate's having his or her own political committee,

the candidate's participation in a political committee established to support a slate of candidates which includes the

candidate; or (b) joint fund-raising efforts by candidates

when a separate political committee is established for that

purpose and all contributions are disbursed to and accounted

for on a pro rata basis by the benefiting candidates.

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

time remove a treasurer or deputy treasurer or change a

designated depository.

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

change of a treasurer, deputy treasurer. or depository. the

candidate or political committee shall designate and file with

the commission and the appropriate county elections officer

the name and address of any successor.

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

deemed to be in compliance with the provisions of this

chapter until his name and address is filed with the commission and the appropriate county elections officer. [1989 c

280 § 3; 1985 c 367 § 3; 1982 c 147 § 2; 1973 c 1 § 5

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

Effective dale-1989 c 280: See note foUowing RCW 42.17.020.

RCW 42.17.060 Deposit of contributionsInvestment of campaign funds, qualificationsUnidentified contributions--Casb contributions. (1) All

monetary contributions received by a candidate or political

committee shall be deposited by the treasurer or deputy

treasurer in a depository in an account established and

designated for that purpose. Such deposits shall be made

within five business days of receipt of the contribution.

(2) Political committees which support or oppose more

than one candidate or ballot proposition. or exist for more

than one purpose, may maintain multiple separate bank

accounts within the same designated depository for such

purpose: PROVIDED, 'That each such account shall bear the

same name followed by an appropriate designation which

accurately identifies its separate purpose: AND PROVIDED

FURTHER, That transfers of funds which must be reported

under *RCW 42.17.090(l)(d) may not be made from more

than one such account.

(3) Nothing in this section prohibits a candidate or

political committee from investing funds on hand in a

.reb. 4%.17-p. 6]

depository in bonds, certificates. tax-exempt securities. or

savings accounts or other similar instruments in financial

institutions or mutual funds other than the depository:

county

PROVIDED.

elections

That

officer

the

is

commission

notified in writing of

and the appropriate

the initiationO

and the termination of the investment: PROVIDED RJR·

THER. That the principal of such investment when terminat-.

ed together with all interest, dividends. and income derived

from the investment are deposited in the depository in the

account from which the investment was made and properly

reported to the commission and the appropriate county

elections officer prior to any further disposition or expenditure thereof.

(4) Accumulated unidentified contributions. other than

those made .by persons wbose names must be maintained on

a separate and private list by a political committee's treasurer puisuant to RCW 42. 17.090(1)(b). which total in excess

of one percent of the total accumulated contributions

received in the current calendar year or three hundred dollars

(whichever is more). may not be deposited. used. or expend··

ed, but shall be returned to the donor. if his identity can be

ascertained. If the donor cannot be ascertained. thecontribution shall escheat to the state. and shall be paid to the state

treasurer for deposit in the state general fund.

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

. may not be accepted unless a receipt, signed by the contributor and by the candidate. treasurer, or deputy treasurer. is

prepared and made a part of the campaign's or political

committee's financial records. [1989 c 280 § 4; 1987 c 268

§ I; 1985 c 367 § 4; 1982 c 147 § 3; 1977 ex.s. c 313 § 3:

1975 1st ex.s. c 294 § 4; 1973 c I § 6 (Initiative Measureo

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

. *Revlser's DOte: RCW 42.17.090 was amended by 1989 c 280 § 9.

and the previous subsection (I)(d) was redesignated as subsection (\ )(e).

Effective dale-1989 e 280: See note following RCW 42.17.020.

Effective date-SeverabWIy-l9'n eu. e 313: See DOleSfollowing

RCW 42.17.020.

RCW 42.17.065 FDing and reporting by continuing

political committee. (1) In addition to the provisions of this

section. a continuing political comminee 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 thecounty

in which the committee maintains its office or headquarters

and if there is no such office or headquarters then in the

county in which the committee treasurer resides a report on

the tenth day of the month detailing its activities for the

preceding calendar month in which the committee has

received a contribution or made an expenditure: PROVIDED. That such report shall only be filed if either the total

contributions received or total expenditures made since the

last such report exceed two hundred dollars..The report

shall be on a form supplied by the commission and shall

include the following information:

(a) The information required by RCW 42.17.090;

(b) Each expenditure made to retire previously accumu-0

lated debts of the committee; identified by recipient, amount,

and date of payments;

(1994)
. Dlsdosu~mpa1gn Flnances-Lobbytna-Records

•

•

•

indirectly or contingently and the date and amount of each

such loan, promissory note, or security instrument;

(d) All other contributions not otherwise listed or

exempted;

(e) The name and address of each candidate or political

committee to which any transfer of funds was made, together

with the amounts and dates of such transfers:

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

expenditure was made in the aggregate amount of more than

fifty dollars during the period covered by this report. and the

amount. date, and purpose of each such expenditure. A

candidate for state executive or state legislative office or the

political committee of such a candidate shall report this

information for an expenditure under one of the following

categories, whichever is appropriate: (i) Expenditures for the

election of the candidate; (ii) expenditures for nonreimbursed

public office-related expenses; (iii) expenditures required to

be reported under (e) of this subsection; or (iv) expenditures

of surplus funds and other expenditures. The report of such

a candidate or committee shall contain a separate total of

expenditures for each category and a total sum of all

expenditures. Other candidates and political committees

need not report information regarding expenditures under the

categories listed in (i) through (iv) of this subsection or

under similar such categories unless required to do so by the

commission by rule. The report of such an other candidate

or committee shall also contain the total sum of all expenditures;

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

expenditure was made directly or indirectly to compensate

the person for soliciting or procuring signatures on an

initiative or referendum petition, the amount of such compensation to each such person. and the total of the expenditures made for this purpose. Such expenditures shall be

. reported under this subsection (l leg) whether the expenditures are or are not also required to be reported under (f) of

this subsection;

(h) The narrie and address of any person and the amount

owed for any debt. obligation, note, unpaid loan, or other

liability in the amount of more than two hundred fifty dollars

or in the amount of more than fifty dollars that has been

outstanding for over thirty days;

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

(j) The disposition made in accordance with RCW

42.17.095 of any surplus funds;

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

commission by rule in conformance with the policies and

purposes of this chapter; and

(I) Funds received from a political committee not

otherwise required to report under this chapter (a

"nonreporting committee"). Such funds shall be forfeited to

the state of Washington unless the nonreporting committee

has filed or within ten days following such receipt files with

the commission a statement disclosing: {i) Its name and

address; (ii) the purposes of the nonreporting committee;' (iii)

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

officers. the names, addresses, and titles of its responsible

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

each candidate in the state of Washington whom the

nonreporting committee is supporting, and, if such committee

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

(1994)

". 42.17.090

party; (v) the ballot proposition supported or opposed in the

state of Washington. if any. and whether such committee is

in favor of or opposed to such proposition; (vi) the name and

address of each person residing in the state of Washington

or corporation which has a place of business in the state of

Washington who has made one or more contributions in the

aggregate of more thantwenty-five dollars to the

nonreporting committee during the current calendar year.

together with the money value and date of such contributions; (vii) the name and address of each person in the state

of Washington to whom an expenditure was made by the

nonreporting committee on behalf of a candidate or political

committee in the aggregate amount of more than fifty

dollars, the amount, date. and purpose of such expenditure.

and the total sum of such expenditures; (viii) such other

information as the commission may prescribe by rule, in

keeping with the policies and purposes of this chapter. A

nonreportirrg committee incurring an obligation to file

additional reports in a calendar year may satisfy the obligation by filing 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 § 7; 19TI ex.s. c 336 § 2; 1975·'76 2nd ex.s. c

112 § 3; 1975 1st ex.s, c 294 § 7; 1973 c 1 § 9 (Initiative

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

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

RCW29.79.500.:

Effective date-l989 e 280: .See note following RCW 42.1.7.020.

Severability-1m elLS. C 336: See note following RCW42H:7.040.

Appearance offairness doctrine-s-Applicauon to candidates !o';public

offic~-Compaigncontributions; RCW 42.36.040. 42.J6.05Q:'-

RCW 42.17.095 Disposal of surplus funds. The

surplus funds of a candidate, or of a political committee '.

supporting or opposing a candidate. may only be disposed of

in anyone or more of the following ways:

(l) Return the surplus to a contributor in an amount not

to exceed that contributor's' original contribution;

(2) Transfer the surplus to the candidate's personal

account as reimbursement for lost earnings incurred as a

result of that candidate's election campaign. Such lost

earnings shall be verifiable as unpaid salary or, when the.

candidate is not salaried, as an amount not to exceed income

received by the candidate for services rendered during an

appropriate, corresponding time period. All lost earnings

incurred shall be documented and a record thereof shall be

maintained by the candidate or the candidate's political

committee. The committee shall include a copy of such

record when its expenditure for such reimbursement is

reported pursuant to RCW 42.17.090;

(3) Transfer the surplus to a political party or to a

caucus of the state legislature;

(4) Donate the surplus to a charitable organization

registered in accordance with chapter 19.09 RCW;

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

in the general fund: or

(6) Hold the surplus in the campaign depository or

depositories designated in accordance with RCW 42.17.050

for possible use in a future election campaign for the same

office last sought by the candidate and report any such

reb. 42.17". 9J
42.17.095 Dlsclosure-Campalgn Flnan~Lobb~Reeords

disposition in accordance with RCW 42.17.090: PROVIDED, lbat if the candidate subsequently announces or publicly

files for office, infonnation as appropriate is reported to the

commission in accordance with RCW 42.17.040 through

42.17.090. Ifa subsequent office is not sought the surplus

held shall be disposed of in accordance with the requirements of this section.

(7) No candidate or authorized committee may transfer

funds to any other candidate or other political committee.

[1993 c 2 § 20 (Initiative Measure No. 134, approved

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

Snerability-l977 eu. e 336: See DOle following RCW 42.17.040.

RCW 42.17.100 Special reports-Independent

campaign expenditures. (1) For the purposes of this

section the term "independent campaign expenditure" means

any expenditure that is made in support of or in opposition

to any candidate or ballot proposition and is not otherwise

required to be reponed pursuant to RCW 42.. 17.060,

42.17.080, or 42.17.090.

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

independent campaign expenditure that by itself or when

added to all other such independent campaign expenditures

made during the same election campaign by the same person

equals one hundred dollars or more, or within five days after

the date of making an independent campaign expenditure for

which no reasonable estimate of monetary value is practicable, whichever occurs first, the person who made the

independent campaign expenditure shall file with the

commission and the county elections officer of the.county of

residence for the candidate supported or opposed by the

independent campaign 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

campaign expenditures made during the campaign prior to

and including such date.

(3) At the following intervals each person who is

required to file an initial report pursuant to subsection (2) of

this section shall file with the commission and the county

elections officer of the county of residence for the candidate

supported or opposed by the independent campaign expenditure (or in the case of an expenditure made in support of or

in opposition to a ballot proposition, the county of residence

for the person making the expenditure) a further report of the

independent campaign expenditures made since the date of

the last report:

(a) On the twenty-first day and the seventh day preceding the date on which the election is held; and

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

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

reports are required to be filed pursuant to this .section.

However, the further reports required by this subsection (3)

shall only be filed if the reporting person has made an

independent campaign expenditure since the date of the last

previous repon filed.

The report filed pursuant to paragraph (a) of this

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

such final report the duties of the reporting person shall

reb. 41.17-p. 101

cease, and there shall be no obligation to make any further

reports.

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

certified as correct by the reporting person.

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

this section shall disclose for the period beginning at the end

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

of an initial report, beginning at the time of the first independent campaign expenditure, and ending not more than

one business day before the date the report is due:

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

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

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

and purpose of each such expenditure. If no reasonable

estimate of the monetary value of a particular independent

campaign expenditure is practicable, it is sufficient to report

instead a precise description of services, property, or rights

furnished through the expenditure and where appropriate to

attach a copy of the item produced or distributed by the

expenditure; .

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

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

commission by rule in conformance with the policies and

purposes of this chapter. [1989 c 280 § 10; ]985 c 367 § 6;

1982 c 147 § 9; 1975-'76 2nd ex.s. c ] 12 § 4; 1973 c 1 § 10

(Initiative Measure No. 276, approved November 7, ]972).]

ElI'ectlve dale-l989 e 280: See note following RCW 42.17.020.

RCW 42.17.105 Special reports, late contributiOnsO·

or totals over five hundred dollars-Certaln late eontributions prohibited. (l)Campaign treasurers shall prepare

and deliver to the commission a special report regarding any

contribution or aggregate of contributions which: Exceeds

five hundred dollars; is from a single person or entity; and

is received during a special reporting period.

Any political committee making a contribution or an

aggregate of contributions to a single entity which exceeds

five hundred dollars shall also prepare and deliver to the

commission the special report if the contribution or aggregate of contributions is made during a special reporting

period.

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

section:

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

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

by the last report required by RCW 42.17.080 and 42.17.090

to be filed before a primary and concluding on the end of

the day before that primary; and (ii) the interval composed

of the twenty-one days preceding a general election; and

(b) An aggregate of contributions includes only those

contributions received from a single entity during anyone

special reporting period or made by the contributing political

committee to a single entity during anyone special reporting

period.

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

this section for one or. more contributions received from a

single entity during a special reponing period, the treasurer0

shall also file a special report under this section for each

subsequent contribution of any size which is received from

(1994)
Dlsdosure-CampatpFlnance& Lobbylug-Records-

•

•

•

(c) Such other information as the commission shall by

rule prescribe.

(3) If a continuing political committee shall make a

contribution in support of or in opposition to a candidate or

ballot proposition within sixty days prior to the date on

which such candidate or ballot proposition will be voted

upon. such continuing political committee shall report

pursuant to RCW 42.17.080.

(4) A continuing political committee shall file reports as

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

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

the duties of the campaign treasurer shall cease and there

shall be no obligation to make any further reports.

(5) The campaign treasurer shall maintain books of

account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt

or expenditure. During the eight days immediately preceding

the date of any election, for which the committee has

received any contributions or made any expenditures, the

books of account shall be kept current within one business

day and shall be open for public inspection for at least two

consecutive hours Monday through Friday, excluding legal

holidays. between 8:00 a.m. and 8:00 p.m., as specified in

the committee's statement of organization filed pursuant to

RCW 42.17.040. at the principal campaign headquarters or,

if there is no campaign headquarters. at the address of the

campaign treasurer or such other place as may be authorized

by the commission.

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

certified as correct by the campaign treasurer.

(7) The campaign treasurer shall preserve books of

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

campaign or political committee for not less than five

calendar years following the year during which the transaction occurred. [1989 c 280 § 5; 1982 c 147 § 4; 1975 1st

ex.s. c 294 § 5.]

Effective date-1989 e 280: See Dote following RCW 42.17.020.

RCW 42.17.067 Fund-raislng activities-Alternative

reporting method. (1) Fund-raising activities which meet

the standards of subsection (2) of this section may be

reponed in accordance with the provisions of this section in

lieu of reporting in accordance with RCW 42.17.080.

(2) Standards:

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

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

approximation of the fair market value of each item or

service sold at the activity; or

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

or operated in accordance with the provisions of chapter 9.46

RCW; or

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

beverages is no more than twenty-five dollars; or

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

entertainment event where the price of admission is no more

than twenty-five dollars: or

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

market value of items donated by any person for sale is no

more than fifty dollars; and

(1994)

(b) No person responsible for receiving money at such

activity knowingly accepts payments from a single person at

or from such an activity to the candidate or committee

aggregating more than fifty dollars unless the name and

address of the person making such payment together with the

amount paid to the candidate or committee are disclosed in

the report filed pursuant to subsection (6) of this section; and

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

of the commission to prevent frustration of the purposes of

this chapter.

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

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

deposited within five business days of receipt by the treasurer or deputy treasurer in the depository.

(4) At·the time reports are required under RCW

42.17.080, the treasurer or deputy treasurer making the

deposit shall file with the commission and the appropriate

county elections officer a report of the fund-raising activity

which shall contain the following information:

(a) The date of the activity;

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

used in the activity; and

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

of whom paid no more than fifty dollars.

(5) The treasurer or deputy treasurer shall certify the

report is correct.

(6) The treasurer shall report pursuant to RCW

42.17.080 and' 42.17.090: (a) The name and address and the

amount contributed of each person who contributes goods or

services with a fair market value of more than fifty dollars

to a fund-raising activity reported under subsection (4) of

this section, and (b) the name and address of each person

whose identity can be ascertained. and the amount paid: from

whom were knowingly received payments 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.] .

Effective dateo-lm c 280: See note following RCW 42.17.020.

RCW 42.17.070 Expenditures-Authorization of

and restrictions on. No expenditures may be made or

incurred by any candidate or political committee except on

the authority of the treasurer or the candidate, and a record

of all such expenditures shall be maintained by the treasurer.

No expenditure of more than fifty dollars may be made

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

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

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

c 280 § 7; 1985 c 367 § 5; 1973 c 1 § 7 (Initiative Measure

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

Effective dateo-l989 c 280: See note following RCW 42.17.020.

RCW 42.17.080 Candidates' and treasurers' duty

to report contributions and expenditures. (1) On the day

the treasurer is designated. each candidate or political

committee shall file with the commission and the county

auditor or elections officer of the county in which the

candidate resides. or in the case of a political committee, the

county in which the treasurer resides. in addition to any

statement of organization required under RCW 42.17.040 or

(Cb. 41.17-1to 7)

.' . t •.';
42.17.oso Dlsdosure Campaign F1nan~Lobbylq-.-Records .__ __ ___ __.

42.17.050, a report of all contributions received andexpenditures made prior to that date, if any.

(2) At the following intervals each treasurer shall file

with the commission and the county auditor or elections

officer of the county in which the candidate resides, or in the

case of a political committee, the county in which the

committee maintains its office or headquarters, and if there

is no office or headquaners then in thecounty in which the

treasurer resides. a report containing the information required

by RCW 42.17.090:

(a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and

(b) On the tenth day of the first month after the election: PROVIDED, That this report shall not be required

following a primary election from:

(i) A candidate whose name will appear on the subsequent general election ballot; or

(ii) Any continuing political committee; and

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

reports are required to be filed under this section: PROVIDED. That such report shall only be filed if the committee has

received a contribution or made an expenditure in the

preceding calendar month and either the total contributions

received or total expenditures made since the last such report

exceed two hundred dollars.

When there is no outstanding debt or obligation, and the

campaign fund is closed. and the campaign is concluded in

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

committee has ceased to function and has dissolved. the

treasurer shall file a final report. Upon submitting a final

report, the duties of the treasurer shall cease and there shall

be no obligation to make any further reports.

The report filed twenty-one days before the election

shall report all contributions received and expenditures made

as of the end of the fifth business day 'before the date of the

report. The report filed seven days before the election shall

report all contributions received and expenditures made as of

the end of the one business day before the date of the report.

Reports filed on the tenth day of the month shall report all

contributions received and expenditures made from the

closing date of the last report filed through the last day of

the month preceding the date of the current report.

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

month preceding the date on which the special or general

election is held and ending on the date of that election, the

treasurer shall file with the commission and the appropriate

county elections officer a report of each contribution

received during that period at the time that contribution is

deposited pursuant to RCW 42.17.060(1). The report shall

contain the name of each person contributing the funds so

deposited and the amount contributed by each person.

However, contributions of no more than twenty-five dollars

from anyone person may be deposited without identifying

the contributor. A copy of the report shall be retained by

the treasurer for his records. In the event of deposits made

by a deputy treasurer, the copy shall be forwarded to the

treasurer to be retained by him for his records. Each report

shall be certified as correct by the treasurer or deputy

treasurer making the deposit.

(4) The treasurer or candidate shall maintain books of

account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt

leb. 42.17~. 8]

or expenditure. Owing the eight days immediately preceding

the date of the election the books of account shall be kept

current within one business day and shall be open for public (~)

inspection for at least two consecutive hours Monday

through Friday, excluding legal holidays, between 8:00 a.m.

and 8:00 p.m.. as specified in the committee's statement of

organization filed pursuant to RCW 42.17.040, at the

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

address of the treasurer or such other place as may be

authorized by the commission. The treasurer or candidate

shall preserve books of account, bills, receipts. and all other

financial records of the campaign or political committee for

not less than five calendar years following the year during

which the transaction occurred.

(5) All reports filed pursuant to subsections (I) or (2) of

this section shall be certified as correct by the candidate and

the treasurer.

(6) Copies of all reports filed pursuant to this section

shall be readily available for public inspection for at least

two consecutive hours Monday through Friday, excluding

legal holidays, between 8:00 a.m. and 8:00 p.m., as specified

in the committee's statement of organization filed pursuant

to RCW 42.17.040, at the principal headquaners or, if there

is no headquarters, at the address of the treasurer or such

other place as may be authorized by the commission. [1989

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

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

November 7, 1972).J

Effective date-l989 e 280: See note following RCW 42.17.020.

RCW 42.17.090 Contents of report. (1) Each report0

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

following:

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

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

one or more contributions during the period, together with

the money value and date of such contributions and the

aggregate value of all contributions received from each such

person during the campaign or in the case of a continuing

political committee, the current calendar year: PROVIDED,

That pledges in the aggregate of less than one hundred

dollars from anyone person need not be reported: PRO-'

VIDED FURTHER, That the income which results from a

fund-raising activity conducted in accordance with RCW

42.17.067 may be reported as one lump sum. with the

exception of that portion of such income which was received

from persons whose names and addresses are required to be

included in the report required by RCW 42.17.067: PROVIDED FURTHER, That contributions of no more than

twenty-five dollars in the aggregate from anyone person

during the election campaign may be reported as one lump

sum so long as the campaign treasurer maintains a separate

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

such contributor: PROVIDED FURTHER. That the money

value of contributions of postage shall be the face value of

such postage; -

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

to be used by or for the benefit of the candidate or political

committee made by any person, together with the names and 0

addresses of the lender and each person liable directly,

(1994)
•

•

•

that entity during the special reporting period. If a political

committee files a special report under this section for a

contribution or contributions made to a single entity during

a special reporting period. the political committee shall also

file a special report for each subsequent contribution of any

size which is made to that entity during the special reporting

period.

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

the special report required by this section shall be delivered

in written form. including but not limited to mailgram.

telegram. or nightletter. The special report required of a

contribution recipient by subsection (l) of this section shall

be delivered to the commission within forty-eight hours of

the time. or on the first working day after: The contribution

exceeding five hundred dollars is received by the candidate

or treasurer; the aggregate received by the candidate or

treasurer first 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 (l) of

this section or RCW 42.17.175 shall be delivered to the

commission. and the candidate or political committee to

whom the contribution or contributions are made. within

twenty-four hours of the time. or on the first working day

after: The contribution is made; the aggregate of contributions made first exceeds five hundred dollars; or the subsequent contribution that must be reported under subsection (2)

of this section is made.

(4) The special report may be transmitted orally by

telephone to the commission to satisfy the delivery period

required by subsection (3) of this section if the written form

of the report is also mailed to the commission and postmarked within the delivery period established in subsection

(3) of this section. .

(5) The special report shall include at least:

(a) The amount of the contribution or contributions;

(b) The date or dates of receipt;

(c) The name and address of the donor;

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

(e) Any other information the commission may by rule

require.

(6) Contributions reported under this section shall also

be reported as required by other provisions of this chapter.

(7) The commission shall publish daily a summary of

the special reports made under this section and RCW

42.17.175.

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

make. or for any candidate or political committee to accept

from anyone person. contributions reportable under RCW

42.17.090 in the aggregate exceeding fifty thousand dollars

for any campaign for state-wide office or exceeding five

thousand dollars for any other campaign subject to the

provisions of this chapter within twenty-one days of a

general election. This subsection does not apply to contributions made by. or accepted from. a major Washington state

political party as defined in RCW 29.01.090.

(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. [1991 c 157 § 1; 1989 c 280

§ 11; 1986 c 228 § 2; 1985 c 359 § 1; 1983 c 176 § I.]

(1994)

.42.17.105

EtrectJve datt-l989 c 280: Sec noce Iollowing RCW 42.17.020.

RCW 42.17.110 Commercial advertlsersDocuments and books of account open for public Inspection-Delivery of copies to commission upon request. (1)

Each commercial advertiser who has accepted or provided

political advertising during the election campaign shall

maintain open for public inspection during the campaign and

for a period of no less than three years after the date of the

applicable election. during normal business hours. documents

and books of account which shall specify:

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

accepted political advertising;

(b) The exact nature and extent of the advertising

services rendered; and

(c) The consideration and the manner of paying that

consideration for such services.

(2) Each commercial advertiser which must comply with

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

upon its request. copies of such information as must be

maintained open for public inspection pursuant to subsection

(1) of this section. [1975·'76 2nd ex.s. c 112 § 5; 1973 c 1

§ 11 (Initiative Measure No. 276. approved November 7.

1972).]

RCW 42.17.120 Identification of contributions and

communications. No contribution shall be made and no

expenditure shall be incurred. directly or indirectly. in a

fictitious name. anonymously. or by one person through an

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

conceal the identity of the source of the contribution .or in

any other manner so as to effect concealment. [1975' 1st

ex.s. c 294 § 8; 1973 c I § 12 (Initiative Measure No! 276.

approved November 7. 1972).]

RCW 42.17.125 Personal use of contributions- . '

When permitted. Contributions received and reported in

accordance with RCW 42.17.060 through 42.17.090 may

only be transferred to the personal account of a candidate, or

of a treasurer or other individual or expended for such

individual's personal use under the following circumstances:

(I) Reimbursement for or loans to cover lost earnings

incurred as a result of campaigning or services performed for

the committee. Such lost earnings shall be verifiable as

unpaid salary. or when the individual is not salaried. as an

amount not to exceed income received by the individual for

services rendered during an appropriate. corresponding time

period. All lost earnings incurred shall be documented and

a record thereof shall be maintained by the individual or the

individual's political committee. The committee shall

include a copy of such record when its expenditure for such

reimbursement is reported pursuant to RCW 42.17.090.

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

campaign and postelection campaign related expenses made

by the individual. To receive reimbursement from the

political committee. the individual shalI provide the committee with written documentation as to the amount. date. and

description of each expense. and the committee shall include

a copy of such infonnation when its expenditure for such

reimbursement is reported pursuant to RCW 42.17.090.

[eb. 41.17-p. 111

. , ~. ','.
42.17.115 Disdosure-Campaign Flnances-Lobby~Reconls

(3) Repayment of loans made by the individual to

political committees. which repayment shall be reported

pursuant to RCW 42.17.090. However. contributions may

not be used to reimburse a candidate for loans totaling more

than three thousand dollars made by the candidate to the

candidate's own authorized committee or campaign. [1993

c 2 § 21 (Initiative Measure No. 134. approved November 3,

1992); 1989 c 280 § 12; 1985 c 367 § 7; 1977 ex.s. c 336 §

6.]

Effective date-1989 e 180: See note following RCW 42.17.020.

Severablllty-l977 ex.S. c 336: Secnote following RCW 42.17.040.

RCW 42.17.128 Use of public funds for political

purposes. Public funds. whether derived through taxes, fees.

penalties, or any other sources, shall not be used to finance

political campaigns for state or local office. [1993 c 2 § 24

(Initiative Measure No. 134, approved November 3. 1992).]

RCW 42.17.130 Forbids use of public office or

agency facilities in campaigns. No elective official nor any'

employee of his office nor any person appointed to or

employed by any public office or agency may use or

authorize the use of any of the facilities of a public office or

agency, directly or indirectly, for the purpose of assisting a

campaign for election of any person to any office or for the

promotion of or opposition to any ballot proposition.

Facilities of public office or agency include, but are not

limited to. use of stationery, postage, machines, and equipment,use of employees of the office or agency during

working hours. vehicles; office space. publications of the

office or agency, and.clientele lists of persons served by the

office.or agency: PROVIDED, That the foregoing provis.ions of this section shall not apply to the following activities:

(l) 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,

~rder, or ordinance, or to support or oppose a ballot proposi-

~Ion 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) .statement by an elected official in support of or

In opposinon to any ballot proposition at an open press

conference or in response to a specific inquiry;

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

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

1975-'76 2nd ex.s. c 112 § 6; 1973 c I § 13 (Initiative

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

Dtspesltion of violations before January I, 1995: •Any violations

occumng pnor 10 January 1. 1995, of any of the following laws shall be

disposed of as if chapter 154, Laws of 1994 werenot enacted and such laws

continued in full force and effect: RCW 42.17.130. chapter 42.18 RCW.

chapter 42.21 RCW. and chapter 42.22 RCW: [1994 c 154 § 226.)

RCW 42.17,131 Exemption from RCW 42.17.130.

(Effective January 1, 1995.) 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.J

Parts and captions not 1aw-FJrectlve date-SeverabWty-l994 e

154: See RCW 42.52.902. 42.52.904. and 42.52.905. '

[eh. 41.l7-p. 12)

RCW 42.17.132, Restrictions on maUlngs by incumbents. During the twelve-month period preceding the

expiration of a state legislator's term in office. no incumbent

to that office may mail to a constituent at public expense :r'\

letter, newsletter, brochure. or other piece of literature tha~ is not in direct response to that constituent's request for a

response or for information. However. one mailing mailed

within thirty days after the start of a regular legislative

session and. one mailing mailed within sixty days after the

end of a regular legislative session of identical newsletters to

constituents are permitted. A violation of this section

constitutes use of the facilities of a public office for the

purpose of assisting a campaign under RCW 42.17.130.

The house of representatives and senate shall specifical-

. Iy limit expenditures per member for the total cost of

mailings. including but not limited to production costs.

printing costs, and postage. [1993 c 2 § 2S (Initiative

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

RCW 42.17.135 Earmarked contributions. A

candidate or political committee receiving a contribution

earmarked for the benefit of another candidate or political

committee shall: .

(l ) Report the contribution as required in RCW

42.17.080 and 42.17.090;

(2) Complete a report, entitled "Earmarked contributions," on a form prescribed by the commission by rule,

which identifies the name and address of the person who

made the contribution, the candidate or political committee

for whose benefit the contribution is earmarked. the amount

of the contribution. and the date on which the contribution0 was received; and

(3) Notify the commission and the candidate or political

committee for whose benefit the contribution is earmarked

regarding the receipt of the contribution by mailing or

delivering to the commission and to the candidate or

committee a copy of the ''Earmarked contributions" report,

Such notice shall be given within two working days of

receipt of the contribution.

, A candidate or political committee receiving notification

of an earmarked contribution under subsection (3) of this

section shall report the contribution. once the contribution is

received by the candidate or committee, in the same manner

as the receipt of any other contribution is disclosed in reports

required by RCW 42.17.080 and 42.17.090. [1989 c 280 §

13; 1986 c 228 § 3.]

Effective date-1989 e 180: See note following RCW 42.17.020.

LOBBYIST REPORTING

RCW 42.17.150 Registration oflobbyists. (l)

Before doing any lobbying, or within thirty days afterbeing

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 Thurston0

county during the legislative session;

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

lobbyist's employer;

(1994)
Dlsdosure-CampaigD FlDances-Lobbying-Records

•

•

•

(c) The duration of his employment;

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

be paid for expenses. and what expenses are to be reimbursed;

(e) Whether the person from whom he receives said

compensation employs him solely as a lobbyist or whether

he is a regular employee performing services for his employer which include but are not limited to the influencing of

legislation;

(f) The general subject or subjects of his legislative

interest;

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

employers confirming such employment;

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

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

documents required to be kept under this chapter;

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

not limited to, business and trade associations) whose

members include, or which as a representative entity

undertakes lobbying activities for, businesses. groups,

associations. or organizations, the name and address of each

member of such entity or person represented by such entity

whose fees. dues, payments. or other consideration paid to

such entity during either of the prior two years have exceeded five hundred dollars or who is obligated to or has agreed

to pay fees. dues, payments, or other consideration exceeding

five hundred dollars to such entity during the current year.

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

lobbyist shall file a separate notice of representation with

respect to each such person; except that where a lobbyist

whose fee for acting as such in respect to the same legislation or type of legislation is, or is to be. paid or contributed

to by more than one person then such lobbyist may file a

single statement. in which he shall detail the name. business

address and occupation of each person so paying or contributing. and the amount of the respective payments or contributions made by each such person.

(3) Whenever a change. modification. or termination of

the lobbyist's employment occurs, the lobbyist shall. within

one week of such change. modification or termination.

furnish full information regarding thesame by filing with the

commission an amended registration statement.

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

registration statement. revised as appropriate, on the second

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

to do so shall terminate his registration. [1987 c 20 I § I;

1982 c 147 § 10; 1973 c I § 15 (Initiative Measure No. 276,

approved November 7. 1972).)

RCW 42.17.155 Photograph and informationBooklet-Publication. Each lobbyist shall at the time he

registers submit tc. the commission a recent photograph of

himself of a size and format as determined by rule of the

commission. together with the name of the lobbyist's

employer. the length of his employment as a lobbyist before

the legislature. a brief biographical description. and any other

information he may wish to submit not to exceed fifty words

in length. Such photograph and information shall be

published at least annually in a booklet form by the commis-

(1994)

sion for distribution to legislators and the public. [1985 c

367 § 8; 1982 c 147 § 11; 1975 lst ex.s. c 294 § 21.]

RCW 42.17.160 Exemption from registration. The

following persons and activities shall be exempt from

registration and reporting under RCW 42.17.150. 42.17.170,

and 42.17.200:

(I) Persons who limit their lobbying activities to

appearing before public sessions of committees of the

legislature, or public hearings of state agencies;

(2) News or feature reporting activities and editorial

comment by working members of the press. radio. or

television and the publication or dissemination thereof by a

newspaper. book publisher. regularly published periodical.

radio station, or television station;

(3) Persons who lobby without compensation or other

consideration for acting as a lobbyist: PROVIDED. Such

person makes no expenditure for or on behalf of any

member of the legislature or elected official or public officer

or employee of the state of Washington in connection with

such lobbying. The exemption contained in this subsection

is intended to permit and encourage citizens of this state to

lobby any legislator, public official. or state agency without

incurring any registration or reporting obligation provided

they do not exceed the limits stated above. Any person

exempt under this subsection (3) may at his option register

and report under this chapter;

(4) Persons who restrict their lobbying activities to no

more than four days or parts thereof during any three-month

period and whose total expenditures during such three-month

period for or on behalf of anyone or more members of the

legislature or state elected officials or public officers or

employees of the state of Washington in connection.with

such lobbying do not exceed twenty-five [dollars]: PROVIDED, That the commission shall promulgate regulations

to require disclosure by persons exempt under this subsection

or their employers or entities which sponsor or coordinate

the lobbying activities of such persons if it determines that

such regulations are necessary to prevent frustration of the

purposes of this chapter. Any person exempt under this

subsection (4) may at his option register and report under

this chapter;

(5) The governor;

(6) The lieutenant governor;

(7) Except as provided by RCW 42. 17.190(I). members

of the legislature;

(8) Except as provided by RCW 42.17.190(1), persons

employed by the legislature for the purpose of aiding in the

preparation or enactment of legislation or the performance of

legislative duties;

(9) Elected officials. and officers and employees of any

agency reporting under RCW 42.17.190(4) as now or

hereafter amended. (1982 c 147 § 12; 1977 ex.s. c 313 § 4;

1975 lst ex.s. c 294 § 9; 1973 c I § 16 (Initiative Measure

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

Effective date-SeverabiJity-l977 exs, e 313: See DOleS following

RCW 42.17.020.

RCW 42.17.170 Reporting by lobbyists. (1) Any

lobbyist registered under RCW 42.17.150 and any person

who lobbies shall file with the commission periodic reports

(Cb. 41.17-p. 131
42.17.170

of his activities signed by the lobbyist. The reports shall be

made in the form and manner prescribed by the commission.

They shall be due monthly and shall be filed within fifteen

days after the last day of the calendar month covered by the

report.

(2) Each such monthly periodic report shall contain:

(a) The totals of all expenditures for lobbying activities

made or incurred by such lobbyist or on behalf of such

lobbyist by the lobbyist's employer during the period

covered by the report. Such totals for lobbying activities

shall be segregated according to financial category, including

compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses

or services. Each individual expenditure of more than

twenty-five dollars for entertainment shall be identified by

date, place, amount, and the names of all persons in the

group partaking in or of such entertainment including any

portion thereof attributable to the lobbyist's participation

therein, without allocating any portion of such expenditure

to individual participants. However, if the expenditure for

:! single hosted reception is more than one hundred dollars

per person partaking therein. the report shall specify the per

person amount. which shall be determined by dividing the

total amount of the expenditure by the total number of

persons partaking in the reception.

Notwithstanding the foregoing, lobbyists are not

required to report the following:

(i) Unreimbursed personal living and travel expenses not

incurred directly for lobbying;

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

accommodations;

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

and from hearings of the legislature;

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

expenses. including rent and salaries and wages paid for staff

and secretarial assistance.

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

employer, the proportionate amount of such expenditures in

each category incurred on behalfof each of his employers.

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

nature of a contribution of money or of tangible or intangible

personal property to any candidate, elected official, or officer

or employee of any agency, or any political committee

supporting or opposing any ballot proposition. or for or on

behalf of any candidate. elected official, or officer or

employee of any agency. or any political committee supporting or opposing any ballot proposition. All contributions

made to. or for the benefit of, any candidate, elected official.

or officer or employee of any agency, or any political

committee supporting or opposing any ballot proposition

shall be identified by date. amount. and the name of the

candidate, elected official, or officer or employee of any

agency, or any political committee supporting or opposing

any ballot proposition receiving, or to be benefited by each

such contribution.

(d) The subject matter of proposed legislation or other

legislative activity or rule-making under chapter 34.05 RCW,

the state Administrative Procedure Act. and the state agency

considering the same, which the lobbyist has been engaged

in supporting or opposing during the reporting period.

(e) Such other information relevant to lobbying activities

____ asthe.commission shall by rule prescribe. Information

leb.41.17-p. 14]

supporting such activities as are required to be reponed is

subject to audit by the commission.

(f) A listing of each gift. as defined in RCW 42.17.0200

made to a state elected official or executive state officer 0

to a member of the immediate family of such an official or

officer. Such a gift shall be separately identified by the date

it was given. the approximate value of the gift. and the name

of the recipient. However. for a hosted reception where the

average per person amount is reported under (a) of this

subsection, the approximate value for the gift of partaking in

the event is such average per person amount. The commission shall adopt forms to be used for reponing the giving of

gifts under this subsection (2)(f). The forms shall be

designed to permit a lobbyist to report on a separate form for

each recipient the reportable gifts given to that recipient

during the reporting period or. alternatively. to report on one

form all reportable gifts given by the lobbyist during the

-reporting period.

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

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

a report as having received from the lobbyist a gift, as

defined in RCW 42.17.020, the lobbyist shall transmit to the

official a copy of the completed form used to identify the

gift in the report at the same time the report is filed with the

commission. [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. c294 § 10; 1973 c 1 §

17 (Initiative Measure No. 276, approved November 7.

1972).]

LegbIative InteDt-l990 e 139: See nocc foUowing RCW42.17.020.

Effectivedate-l989 e 175: See note following RCW34.?S.OIO-n

Effectivedate-SeverabU.ity-l977 tlLL e 313: See notes followin ,,--)

RCW 42.17.020.

RCW 42.17.172 Notification to person named in

report. When a listing or a report of contributions is made

to the commission under RCW 42.17.170(2)(c). a copy of

the listing or report must be given to the candidate, elected

official, professional staff member of the legislature. or

officer or employee of an agency, or a political committee

supporting or opposing a ballot proposition named in the

listing or report. [1993 c 2 § 32 (Initiative Measure No.

134, approved November 3, 1992).]

RCW 42.17.175 Special reports-Late contributions

or totals over five hundred dollars. Any lobbyist registered under RCW 42.17.150. any person who lobbies, and

any lobbyist's employer making a contribution or an aggregate of contributions to a single entity that exceeds five

hundred dollars during a special reporting period before a

primary or general election, as such period is specified in

RCW 42.17.105(1), shall file one or more special reportsfor

the contribution or aggregate of contributions and for

subsequent contributions made during that period under the

same circumstances and to the same extent that a contributing political committee must file such a report ·or reports

under RCW 42.17.105. 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. [19910

c 157 § 2; 1985 c 359 § 2.]

.(1994)
[Cb. 41.17--t»- 151

. Disdosure-Campalgn Flnanc:es-Lobb~Reconts_.

•

•

•

RCW 42.17.180 Reports by employen of registered

lobbyists, other persons. (1) Every employer of a lobbyist

registered under this chapter during the preceding calendar

year and every person other than an individual that made

contributions aggregating to more than ten thousand dollars

or independent expenditures aggregating to more than five

hundred dollars during the preceding calendar year shall file

with the commission on or before the last day of February

of each year a statement disclosing for the preceding

calendar year the following information:

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

of each candidate for state office who was elected to the

office and any member of the immediate family of those

persons to whom the person reporting has paid any compensation in the amount of five hundred dollars or more during

the preceding calendar year for personal employment or

professional services. including professional services rendered by a corporation. partnership. joint venture. association. union. or other entity in which the person holds any

office. directorship. or any general partnership interest. or an

ownership interest of ten percent or more. the value of the

compensation in accordance with the reporting provisions set

out in RCW 42.17.241(2). and the consideration given or

performed in exchange for the compensation.

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

candidate for state office. or members of his immediate

family to whom the person reporting made expenditures.

directly or indirectly. either through a lobbyist or otherwise.

the amount of the expenditures and the purpose for the

expenditures. For the purposes of this subsection. the term

expenditure shall not include any expenditure made by the

employer in the ordinary course of business if the expenditure is not made for the purpose of influencing. honoring. or

benefiting the elected official. successful candidate. or

member of his immediate family. as an elected official or

candidate.

(c) The total expenditures made by the person reporting

for lobbying purposes, whether through or on behalf of a

registered lobbyist or otherwise.

(d) All contributions made to a political committee

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

political committee supporting or opposing a state-wide

ballot proposition. Such contributions shall be identified by

the name and the address of the recipient and the aggregate

amount contributed to each such recipient.

(e) The name and address of each registered lobbyist

employed by the person reporting and the total expenditures

made by such person for each such lobbyist for lobbying

purposes.

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

candidates for state offices supported or opposed by independent expenditures of the person reporting and the amount of

each such expenditure.

(g) The identifying proposition number and a brief

description of any state-wide 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.

(2Xa) Except as provided in (b) of this subsection. an

employer of a lobbyist registered under this chapter shall file

a special report with the commission if the employer makes

(1994)

___. 41.17.180

a contribution or contributions aggregating more than one

hundred dollars in a calendar month to anyone of the

following: A candidate. elected official, officer or employee

of an agency. or political committee. The report shall

identify the date and amount of each such contribution and

the name of the candidate, elected official, agency officer or

employee, or political committee receiving the contribution

or to be benefited by the contribution. The report shall be

filed on a form prescribed by the commission and shall be

filed within fifteen days after the last day of the calendar

month during which the contribution was made.

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

to a contribution which is made through a registered lobbyist

and reportable under RCW 42.17.170. [1993 c 2 § 27

(Initiative Measure No. 134, approved November 3, 1992);

1990 c 139 § 4; 1987 c 423 § 2; 1984 c 34 § 6; 1975 1st

ex.s. c 294 § II; 1973 c 1 § 18 (Initiative Measure No. 276,

approved November 7, 1972).]

Legislative Intent-l990 c 139: See noee following RCW 42.17.020.

RCW 42.17.190 Legislative activities of state

agencies, other units of government, elective officials,

employees. (1) Every legislator and every committee of the

legislature shall file with the commission quarterly reports

listing the names, addresses, and salaries of all persons

employed by the person or committee making the filing for

the purpose of aiding in the preparation or enactment of

legislation or the performance of legislative duties of such

legislator or committee during the preceding quarter. The

reports shall be made in the form and the manner prescribed

by the commission and shall be filed between the first, and

tenth days of each calendar quarter: PROVIDED, That.the

information required by this subsection may be supplied.

insofar as it is available, by the chief clerk of the house of

representatives or by the secretary of the senate on a form

prepared by the commission.

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

or otherwise expressly authorized by law, no public funds

may be used directly or indirectly for lobbying: PROVIDED, This does not prevent officers or employees of an

agency from communicating with a member of the legislature on the request of that member; or communicating to the

legislature. through the proper official channels, requests for

legislative action or appropriations which are deemed

necessary for the efficient conduct of the public business or

actually made in the proper performance of their official

duties: PROVIDED FURTHER, That this subsection does

not apply to the legislative branch.

(3) Any agency, not otherwise expressly authorized by

law. may expend public funds for lobbying, but such

lobbying activity shall be limited to (a) providing information or communicating on matters pertaining to official

agency business to any elected official or officer or employee of any agency or (b) advocating the official position or

interests of the agency to any elected official or officer or

employee of any agency: PROVIDED. That public funds

may not be expended as a direct or indirect gift or campaign

contribution to any elected official or officer or employee of

any agency. For the purposes of this subsection. the term

"gift" means a voluntary transfer of any thing of value

without consideration of equal or greater value, but does not
42.17.190 Disclosure Campall" Flnances-Lobb)ing-Records _. _

include informational material transferred for the sole

purpose of informing the recipient about matters pertaining

to official agency business: PROVIDED FURTHER. That

this section does not permit the printing of a state publication which has been otherwise prohibited by law.

(4) No elective official or any employee of his or her

office or any person appointed to or employed by any public

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

facilities of a public office or agency. directly or indirectly.

in any effort to support or oppose an initiative to the

legislature. "Facilities of a public office or agency" has the

same meaning as in RCW 42.17.130. The provisions of this

subsection shall not apply to the following activities:

(a) Action taken at an open public meeting by members

of an elected legislative body to express a collective decision. or to actually vote upon a motion. proposal. resolution.

order. or ordinance. or to support or oppose an initiative to

the legislature so long as (i) any required notice of the

meeting includes the title and number of the initiative to the

legislature. and (ii) members of the legislative body or

members of the public are afforded an approximately equal

opportunity for the expression of an opposing view;

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

in opposition to any initiative to the legislature at an open

press conference or in response to a specific inquiry;

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

conduct of the office or agency.

(5) Each state agency. county. city. town. municipal

corporation. quasi-municipal corporation. or special purpose

district which expends public funds for lobbying shall file

with tbe commission. except as exempted by (d) of this.

subsection. quarterly statements providing the following

information for the quarter just completed:

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

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

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

general description of the nature of the lobbying. and the

proportionate amount of time spent on the lobbying;

(c) A listing of expenditures incurred by the agency for

lobbying including but not limited to travel. consultant or

other special contractual services. and brochures and other

publications, the principal purpose of which is to influence

legislation;

(d) For purposes of this subsection the term "lobbying"

does not include:

(i) Requests for appropriations by a state agency to the

office of financial management pursuant to chapter 43.88

RCW nor requests by the office of financial management to

the legislature for appropriations other than its own agency

budget requests;

(ii) Recommendations or reports to the legislature in

response to a legislative request expressly requesting or

directing a specific study. recommendation. or report by an

agency on a particular subject;

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

state agency as required by law;

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

local agencies;

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

reb. 42.11-p. 16)

(A) Telephone conversations or preparation of written

correspondence;

(B) In-person lobbying on behalf of an agency of nn

more than four days or pans thereof during any three-men

period by officers or employees of that agency and in-person

lobbying. by any elected official of such agency on behalf of

such agency or in connection with the powers. duties. or

compensation of such official: PROVIDED. That the total

expenditures of nonpublic funds made in connection with

such lobbying for or on behalf of anyone or more members

of the legislature or state elected officials or public officers

or employees of the state of Washington do not exceed

fifteen dollars for any three-month period: PROVIDED

FURTHER. That the exemption under this subsection is in

addition to the exemption provided in (A) of this subsection;

(C) Preparation or adoption of policy positions.

The statements shall be in the form and the manner

prescribed by the commission and shall be filed within one

month after the end of the quarter covered by the report.

(6) In lieu of reporting under subsection (5) of this

section any county. city, town. municipal corporation. quasi

municipal corporation. or special purpose district may

determine and so notify the public disclosure commission.

. that elected officials. officers. or employees who on behalf

of any such local agency engage in lobbying reportable

under subsection (5) of this section shall register and report

such reportable lobbying in the same manner as a lobbyist

who is required to register and report under RCW 42.17.150

and 42.17.170. Each such local agency shall report as a

lobbyist employer pursuant to RCW 42.17.180.

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

elected official or officer or employee of an agency fro~~U

complying with other provisions of this chapter. if such

elected official. officer, or employee is not otherwise

exempted.

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

agency and certain local agencies to report the identities of

those persons who lobby on behalf of the agency for

compensation. together with certain separately identifiable

and measurable expenditures of an agency's funds for that

purpose. This section shall be reasonably construed to

accomplish that purpose and not to require any agency to

report any of its general overhead cost or any other costs

which relate only indirectly or incidentally to lobbying or

which are equally attributable to or inseparable from

nonlobbying activities of the agency.

The public disclosure commission may adopt rules

clarifying and implementing this legislative interpretation and

policy. [1986 c 239 § I; 1979 ex.s. c 265 § I; 1977 ex.s. c

313 § 6; 1975 1st ex.s. c 294 § 12; 1973 c I § 19 (Initiative

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

ElfectiYe clate--Severabillty-l977 ex.s. e 313: SecnOtes following

RCW 42.17.020.

RCW 42.17.200 Grass roots lobbying campaigns.

(I) Any person who has made expenditures. not reported by

a registered lobbyist under RCW 42.17.170 or by a candidate

or political committee under RCW 42.17.065 or 42. I 7.080..

exceeding five hundred dollars in the aggregate within anyG

three-month period or exceeding two hundred dollars in the

aggregate within anyone-month period in presenting a

program addressed to the public. a substantial portion of

(1994)
Dlsdosure-Campalp.FlnaDc:es-Lobb~Records .

•

•

•

which is intended. designed. or calculated primarily to

influence legislation shall be required to register and report.

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

a grass roots lobbying campaign.

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

grass roots lobbying campaign. the sponsor shall register by

filing with the commission a registration statement, in such

detail as the commission shall prescribe. showing:

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

occupation. and. if the sponsor is not an individual. the

names. addresses, and titles of the controlling persons

responsible for managing the sponsor's affairs;

(b) The names. addresses. and business or occupation of

all persons organizing and managing the campaign. or hired

to assist the campaign. including any public relations or

advertising firms participating in the campaign, and the

terms of compensation for all such persons;

(c) The names and addresses of each person contributing

twenty-five dollars or more to the campaign. and the

" aggregate amount contributed; .

(d) The purpose of the campaign, including the specific

legislation. rules, rates. standards. or proposals that are the

subject matter of the campaign;

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

date on behalf of the campaign. which totals shall be

segregated according to financial category, including but not

limited to the following: Advertising. segregated by media,

and in the case of large expenditures (as provided by rule of

the commission), by outlet; contributions; entertainment.

including food and refreshments; office expenses including

rent and the salaries and wages paid for staff and secretarial

assistance, or the proportionate amount thereof paid or

incurred for lobbying campaign activities; consultants; and

printing and mailing expenses.

(3) Every sponsor who has registered under this section

shall file monthly reports with the commission. which

reports shall be filed by the tenth day of the month for the

activity during the preceding month. The reports shaIl

update the information contained in the sponsor's registration

statement and in prior reports and shall show contributions

received and totals of expenditures made during the month,

in the same manner as provided for in the registration

statement.

(4) When the campaign has been terminated. the sponsor

shall file a notice of termination with the final monthly

report. which notice shall state the totals of all contributions

and expenditures made on behalf of the campaign. in the

same manner as provided for in the registration statement.

[1990 c 139 § 5; 1985c 367 § 10; 1973 c I § 20 (Initiative

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

Legislative intent-l990 c: 139: See nOle following RCW 42.17.020.

RCW"42.17.210 Employment of legislators, board

or commission members, or state employees--Statement,

contents and riling. If any person registered or required to

be registered as a lobbyist under this chapter employs. or if

any employer of any person registered or required to be

registered as a lobbyist under this chapter, employs any

member of the legislature, or any member of any state board

or commission. or any employee of the legislature. or any

full-time state employee. if such new employee shall remain

(1994)

in the partiai employ of the state or any agency thereof. then

the new employer shall file a statement under oath with the

commission setting out the nature of the employment. the

name of the person to be paid thereunder. and the amount of

payor consideration to be paid thereunder. The statement

shall be filed within fifteen days after the commencement of

such employment. [1973 c I § 21 (Initiative Measure No.

276. approved November 7. 1972).]

RCW 42.17.220 Employment of unregistered

persons. It shall be a violation of this chapter for any

person to employ for payor any consideration, or payor

agree to pay any consideration to. a person to lobby who is

not registered under this chapter except upon condition that

such person register as a lobbyist as provided by this

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

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

approved November 7. 1972).]

RCW 42.17.230 Lobbyists' duties, restrictions. A

person required to register as a lobbyist under this chapter

shall also have the following obligations. the violation of

which shall constitute cause for revocation of his registration.

and may subject such person. and such person's employer.

if such employer aids. abets. ratifies, or confirms any such

act. to other civil liabilities. as provided by this chapter:

(1) Such persons shall obtain and preserve all accounts,

bills. receipts, books, papers. and documents necessary to

substantiate the financial reports required to be made under

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

of the tiling of the statement containing such items, which

accounts, bills. receipts. books, papers. and documents shall

be made available for inspection by the commission at any

time: PROVIDED. That if a lobbyist is required under the

terms of his employment contract to tum any records over to

his employer, responsibility for the preservation of such

records under this subsection shall rest with such employer.

(2) In addition. a person required to register as a

lobbyist shall not:

(a) Engage in any activity as a lobbyist before registering as such;

(b) Knowingly deceive or attempt to deceive any

legislator as to any fact pertaining to any pending or proposed legislation;

(c) Cause or influence the introduction of any bill or

amendment thereto for the purpose of thereafter being

employed to secure its defeat;

(d) Knowingly represent an interest adverse to any of

his employers without ftrst obtaining such employer's written

consent thereto after full disclosure to such employer of such

adverse interest;

(e) Exercise any undue influence. extortion, or unlawful

retaliation upon any legislator by reason of such legislator's

position with respect to. or his vote upon. any pending or

proposed legislation;

(f) Enter into any agreement, arrangement, or understanding according to which his or her compensation. or any

portion thereof, is or will be contingent upon the success of

any attempt to influence legislation. [1987 c 201 § 2; 1982

c 147 § 14; 1973 c 1 § 23 (Initiative Measure No. 276.

approved November 7. 1972).]

Ieb. 42.17-p. 17)
C)

RCW 41.17.2401 "Executive state orocer" defined.

For the purposes of RCW 42.17.240. the term "executive

state officer" includes: r

(I) The chief administrative law judge. the director of ( J

agriculture. the administrator of the office of marine safety.

the administrator of the Washington basic health plan. the

director of the department of services for the blind. the

director of the state system of community and technical

colleges. the -director of community development. the

secretary of corrections. the director of ecology. the comrrussioner of employinent security. the chairman of the energy

facility site' evaluation council. the director of the energy

office. the secretary of the state finance committee. the

director of financial management. the director of fish and

wildlife. the executive secretary of the forest practices

appeals board, the director of the gambling commission. the

director of general administration. the secretary of health, the

administrator of the Washington state health care authority.

the executive secretary of the health care facilities authority,

the executive secretary of the higher education facilities

authority. the executive secretary of the horse racing commission. the executive secretary of the human rights commission. the executive secretary of the indeterminate sentence

review board. the director of the department of information

services. the director of the interagency committee for

outdoor recreation. the executive director of the state

investment board. the director of labor and industries, the

director of licensing. the director of the lottery commission.

the director of the office of minority and women's business

enterprises. the director of parks and recreation. the director

of personnel. the executivedirector of the public disclosure 0

commission. the director of retirement systems. the director

of revenue. the secretary of social and health services. the

chief of the Washington state patrol. the executive secretary

of the board of tax appeals. the -director of trade and

economic development. the secretary of transportation. the

secretary of the utilities and transportation commission. the

director of veterans affairs. the president of each of the

regional and state universities and the president of The

Evergreen State College. each district and each campus

president of each state community college;

(2) Each professional staff member of the office of the

governor;

(3) Each professional staff member of the legislature:

and

(4) Central Washington University board of trustees.

board of trustees of each community college. each member

of the state board for community and technical colleges.

state convention and trade center board of directors. committee for deferred compensation. Eastern Washington University board of trustees. Washington economic development

finance authority. The Evergreen State College board of

trustees, forest practices appeals board. forest practices

board. gambling commission. Washington health care

facilities authority. each member of the Washington health

services commission. higher education coordinating board.

higher education facilities authority. horse racing commission. state housing finance commission. human rights

commission. indeterminate sentence review board. board of

industrial insurance appeals, information services board.

interagency committee for outdoor recreation. state investment board. liquor control board. lottery commission. marine

(1994)

Disdosure-Campalp Flnances-Lobbylna-Records

REPORTING OF PUBLIC OFFICIALS' flNANCIAL

AFFAIRS

42.17.240

RCW 42.17.240 Elected and appointed officials,

candidates, and appointees-Reports of financial affaJn

and gifts. (I) Every elected official and every executive

state officer shall after January lst and before April 15th of

each year file with the commission a statement of financial

affairs for the preceding calendar year. However. any local

elected official whose term of office expires immediately

after December 31st shall file the statement required to be

filed by this section for the year that ended on that December 31st. In addition to and in conjunction with the statement of financial affairs. every official and officer shall file

a statement describing any gifts received during the preceding calendar year.

(2) Every candidate shall within two weeks of becoming

a candidate file with the commission a statement of financial

affairs for the preceding twelve months.

(3) Every person appointed to a vacancy in an elective

office or executive state officer position shall within two

weeks of being so appointed file with the commission a

statement of financial affairs for the preceding twelve

months.

(4) A statement of a candidate or appointee filed during

the period from January lst to April 15th shall cover the

period from January lst of the preceding calendar year to the

time of candidacy or appointment if the filing of the statement would relieve the individual of a prior obligation to file

a statement covering the entire preceding calendar year.

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

once in any calendar year.

(6) Each statement of financial affairs filed under this

section shall be sworn as to its truth and accuracy.

(7) For the purposes of this section. the term "executive

state officer" includes those listed in RCW 42.17.2401.

(8) This section does not apply to incumbents or

candidates for a federal office or the office of precinct

r:·mmittee officer. [1993 c 2 § 31 (Initiative Measure No.

l}~. approved November 3. 1992); 1989 c 158 § I; 1987 c

295 § 19. Prior: 1984 c 125 § 14; 1984 c 34 § I; 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 lSI § 73; prior: 1975-

'76 2nd ex.s. c 112 § 7; 1975-'76 2nd ex.s. c 104 § I (Ref.

Bill No. '36); 1975 1st ex.s. c 294 § 13; 1973 c I § 24

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

Temporary exemption: "Persons identified as executive officers

under RCW 42.17.2401(4). who were appointed to their positions before

July 23. 1989. and who were not required to file a statement of financial

affairs at the time of their appointment. are exempt from the requirements

of RCW 42.17.240 until they are reappointed to such positions." [1989 c

158 § 4.]

Severability-Headings-Ell'edive date-l984 e 125: See RCW

43.63A.901 through 43.63A.903.

Severability-Effective dates-l983 e 161: See RCW 43.180.903

and 43.180.904.

Severability-1982 e 10: See note following RCW 6.13.080.

Severability-1981 e 311: See RCW 41.64.910.

Effective dates-SeverabiJity-1981 c 67: See noces foUawing RCW

34.12.010.

Cemetery district commissioners eumpt from chapter: RCW 68.52./40.

68.52.220.

[eh. 42.17-p. 18]
Disclosure-Campalp Finances-Lobbying-Records

•

•

•

oversight board. "oil and gas conservation committee.

Pacific Northwest electric power and conservation planning

council. parks and recreation commission. personnel appeals

board. board of pilotage commissioners. pollution control

hearings board. public disclosure commission. public pension

commission. shorelines hearing board. public employees'

benefits board. board of tax appeals. transportation commission. University of Washington board of regents. utilities and

transportation commission. Washington state maritime

commission. Washington personnel resources board. Washington public power supply system executive board. Washington State University board of regents. Western Washington University board of trustees, and fish and wildlife

commission. [1993 sp.s. c 2 § 18; 1993 c 492 § 488; 1993

c 281 § 43; 1991 c 200 § 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.J

Reviser's note: (I) This section was amended by 1993 c 281 § 43.

1993 c 492 § 488. and by 1993 sp.s. c 2 § 18. effective July I. 1994. each

without reference to the other. All amendments are incorporated in the

publication of this section pursuant to RCW 1.12.025(2). For rule of

construction. see RCW 1.12.025(1).

·(2) Powers. duties. and functions of the department of community

development and the department of trade andeconomic development were

transferred to the department of community. trade. and economic development by 1993 c 280. effective July I. 1994.

"(3) The duties of the oil and gas conservation committee were

transferred to the department of natural resources by 1994 1st sp.s, c 9.

Effective date-I993 sp.s. c 2 II 1-6, 8-59, and 61·79: See RCW

43.300.900.

Severability-I993 sp.s. e 2: See RCW 43.300.901.

Findings-lntent-I993 c 492: See notes following RCW 43.72.005.

Short title-Severability-Savings-Captiom not Iaw-Reservatioo

of legislative power-Effective dates-I993 e 492: See RCW 43.72.910

through 43.72.915.

Effective date-I993 c 281: See note following RCW 41.06.022.

FBective dates-Sevenbility-I991 c 200: See RCW 90.56.901 and

90.56.904.

Effective date-Severablllty-1989 1st ex.s. e 9: See RCW

43.70.910 and43.70.920.

Reporl-Severability-1989 c 279: See RCW 43.163.900 and

43.163.901. . .

Alphabetization-1989 c 158 I 2: "When section 2 of this act is

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

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

agencies in the above section have been arranged according to the first

distinctive word of each agency's name..

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

and 43.105.902.

RCW 42.17.241 Contents of report. (1) The

statement of financial affairs required by RCW 42.17.240

shall disclose for the reporting individual and each member

of his immediate family:

(a) Occupation. name of employer. and business

address; and

(b) Each bank or savings account or insurance policy in

which any such person or persons owned a direct financial

interest that exceeded five thousand dollars at any time

during the reporting period; each other item of intangible

personal property in which any such person or persons

owned a direct financial interest. the value of which exceeded five hundred dollars during the reporting period: the

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

(1994)

42.17.2401

highest value of each such direct financial interest during the

reporting period; and

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

value of five hundred dollars or more was owed: the original

amount of each debt to each such creditor: the amount of

each debt owed to each creditor as of the date of filing; the

terms of repayment of each such debt; and the security

given. if any. for each such debt: PROVIDED. Tbat debts

arising out of a "retail installment transaction" as defined in

chapter 63.14 RCW (Retail Installment Sales Act) need not

be reported; and

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

position held as trustee; and

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

standard has been prepared. promoted. or opposed for current

or deferred compensation: PROVIDED. That for the

purposes ofthis subsection. "compensation" does not include

payments made to the person reporting by the governmental

entity for which such person serves as an elected official or

state executive officer or professional staff member for his

service in office; the description of such actual or proposed

legislation. rules, rates, or standards; and the amount of

current or deferred compensation paid or promised to be

paid; and

(f) The name and address of each governmental entity.

corporation, partnership. joint venture. sole proprietorship.

association, union, or other business or commercial entity

from whom compensation has been received in any form of

a total value of five hundred dollars or more; the value of

the compensation; and the consideration given or performed

in exchange for the compensation; and

(g) The name of any corporation. partnership. joint

venture. association, union, or other entity in which is held

any office. directorship, or any. general partnership interest,

or an ownership interest of ten percent or more; the name or

title of that office. directorship. or partnership; the nature of

ownership interest; and with respect to each such entity: (i)

With respect to a governmental unit in which the official

seeks or holds any office or position. if the entity has

received compensation in any form during the preceding

twelvemonths from the governmental unit. the value of the

compensation and the consideration given or performed in

exchange for the compensation; (ii) the name of each

governmental unit. corporation. partnership. joint venture.

sole proprietorship. association. union. or other business or

commercial entity from which the entity has received

compensation in any form in the amount of two thousand

five hundred dollars or more during the preceding twelve

months and the consideration given or performed in exchange for the compensation: PROVIDED, That the term

"compensation" for purposes of this subsection (I )(g)(ii)

does not include payment for water and other utility services

at rates approved by the Washington state utilities and

transportation commission or the legislative authority of the

public entity providing the service: PROVIDED. FURTHER. That with respect to any bank or commercial lending

institution in which is held any office, directorship. partnership interest, or ownership interest. it shall only be necessary

to report either the name. address, and occupation of every

director and officer of the bank or commercia) lending

institution and the average monthly balance of each account

held during the preceding twelve months by the bank or

[Cb. 42.J7~ 191
42.17.241 Disdosu~mpaign Flnances-LobbJlug-Recorda.-·-- _.-..---.----

commercial lending institution from the governmental entity

for which the individual is an official or candidate or

professional staff member, or all interest paid by a borrower

on loans from and all interest paid to a depositor by the bank

or commercial lending institution if the interest exceeds six

hundred dollars: and

(h) A list, including legal or other sufficient descriptions

as prescribed by the commission, of all real property in the

state of Washington. the assessed valuation of which exceeds

two thousand five hundred dollars in which any direct

financial interest was acquired during the preceding calendar

year. and a statement of the amount and nature of the

financial interest and of the consideration given in exchange

for that interest; and

(i) A list. including legal or other sufficient descriptions

as prescribed by the commission. of all real property in the

state of Washington. the assessed valuation of which exceeds

two thousand five hundred dollars in which any direct

fimncial interest was divested during the preceding calendar

v: ar. and a statement of the amount and nature of the

nsideration received in exchange for that interest. and the

.arne and address of the person furnishing the consideration:

and

U) A list. including legal or other sufficient descriptions

as prescribed by the commission. of all real property in the

state of Washington. the assessed valuation of which exceeds

two thousand five hundred dollars in which a direct financial

interest was held: PROVIDED. That if a description of the

property has been included in a report previously filed, the

property may be listed, for purposes of this provision. by

reference to the previously .filed report; and

(k) A list. including legal or other sufficient descriptions

as prescribed by the commission. of all real property in the ,

state of Washington. the assessed valuation of which exceeds

five thousand dollars. in which a corporation. partnership.

firm. enterprise. or other entity had a direct financial interest.

in which corporation. partnership. firm. or enterprise a ten

percent or greater ownership interest was held; and

(I) Such other information as the commission may deem

necessary in order to properly carry out the purposes and

policies of this chapter. as the commission shall prescribe by

rule.

(2) Where an amount is required to be reported under

subsection (I). paragraphs (a) through (k) of this section. it

shall be sufficient to comply with the requirement to report

whether the amount is less than one thousand dollars, at least

one thousand dollars but less than five thousand dollars. at

least five thousand dollars but less than ten thousand dollars.

at least ten thousand dollars but less than twenty-five

thousand dollars. or twenty-five. thousand dollars or more.

An amount of stock may be reported by number of shares

instead of by market value. No provision of this subsection

may be interpreted to prevent any person from filing more

information or more detailed information than required.

[1984 c 34 § 3: 1979 ex.s. c 126 § 42.]

Purpose-I979 n.s. c: 126: See RCW 29.04.170(1).

RCW 42.17.2415 Reporting gilts. At the same time

that an elected official or executive state officer must file a

statement of financial affairs under RCW 42.17.240(1). the

official or officer shall file a statement identifying each gift.

[eh. 41.17-p. 201

as defined in RCW 42.17.020. which was received by the

official or officer or by a member of his or her immediate

family during the previous calendar year. The statement! "<,

shall apply to that portion of the previous calendar r~a/u

during which the official or officer held an office or position

for which a statement of financial affairs is required under

RCW 42.17.240. The statement shall identify the nature of

the gift, the date it was received, and the n~ of thedon?r.

The commission may adopt a form for reporung the receipt

of gifts under this section or may incorporate that reporting

into the form or forms adopted by the commission for the

statement of financial affairs. [l991 sp.s. c 18 § 3.]

RCW 42.17.242 Concealing identity of source of

payment prohibited-Exception. No payment shall be

made to any person required to report under RCW 42.17.240

and no payment shall be accepted by any such person.

directly or indirectly. in a fictitious name. anonymously. or

by one person through an agent. relative. or other person in

such a manner as to conceal the identity of thesource of the

payment or in any other manner so as to effect concealment

except that the commission may issue categorical and

specific exemptions to the reporting of the actual source

when there is an undisclosed principal for recognized

legitimate business purposes. [1977 ex.s. c 336 § 4.]

Sevel'1lblllty-l977 u.s. c: 336: See note foUowing RCW 42.17.040.

RCW 42.17.243 Public office fund-What constitutes, restrictions on use-Reporting of-Disposal of

remaining funds. r:

Reviser's Dote: RCW 42.17.243 was repealed by 1993 c: 2 § 350

(InitiativeMeasure No. 134). without cognizance of its ameodmem by 1991

sp.s. c 18 § 4. II has been dec:odified for publication purposes punuant 10

RCW 1.12.025.

REPORTING BY PUBUC TREASURERS

RCW 42.17.245 Public accounts of governmental

entities held by financial Institutions-Statements and

reports-Contents-FUing. After January Ist and before

April 15th of each calendar year. the state treasurer. each

county. public utility district. and port district treasurer. and

each treasurer of an incorporated city or town whose

population exceeds one thousand shall file with the commission:

(I) A statement under oath that no public funds under

that treasurer's control were invested in any institution where

the treasurer or. in the case of a county. a member of the

county finance committee, held during the reporting period

an office. directorship. partnership interest. or ownership

interest: or

(2) A report disclosing for the previous calendar year:

(a) The name and address of each financial institution in

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 _

of

for which the

time and demand

treasurer

deposits

is responsible;

held in

(b)

each

the

such financial.

aggregate sum U

institution on December 31;'and (c) thehighest balance held

(19M)
Disdosure-Campalgn Flnan~LobbyinR-Records

•

•

•

at any time during such reponing period: PROVIDED, That

the state treasurer shall disclose the highest balance information only upon request under RCW 42.17.250 through

42.17.330. The statement or report required by this section

shall be filed either with the statement required under RCW

42.17.240 or separately. [1983 c 213 § 1; 1981 c 102 § 1;

1975-'76 2nd ex.s. c 112 § 10.]

PUBLIC RECORDS

RCW 42.17.250 Duty to publish procedures. (1)

Each state agency shall separately state and currently publish

in the Washington Administrative Code and each local

agency shall prominently display and make available for

inspection and copying at the central office of such local

agency. for guidance of the public: .

(a) Descriptions of its central and field organization and

the established places at which. the employees from whom,

and the methods whereby, the public may obtain information. make submittals or requests, or obtain copies of agency

decisions;

(b) Statements of the general course and method by

which its operations are channeled and determined, including

the nature and requirements of all formal and informal

procedures available;

(c) Rules of procedure;

(d) Substantive rules of general applicability adopted as

authorized by law, and statements of general policy or

interpretations of general applicability formulated and

adopted by the agency; and

(e) Each amendment or revision to, or repeal of any of

the foregoing.

(2) Except to the extent that he has actual and timely

notice of the terms thereof, a person may not in any manner

be required to resort to, or be adversely affected by, a matter

required to be published or displayed and not so published

or displayed. [1973 c 1 § 25 (Initiative Measure No. 276,

approved November 7. 1972).]

RCW 42.17.251 Construction. The people of this

state do not yield their sovereignty to the agencies that serve

them. The people, in delegating authority, do not give their

public servants the right to decide what is good for the

people to know and what is not good for them to know. The

people insist on remaining informed so that they may

maintain control over the instruments that they have created.

The public records subdivision of this chapter shall be

liberally construed and its exemptions narrowly construed to

promote this public policy. [1992 c 139 § 2.)

RCW 42.17.255 Invasion or privacy, when. A

person's "right to privacy," "right of privacy," "privacy," or

"personal privacy," as these terms are used inthis chapter,

is invaded or violated only if disclosure of information about

the person: (1) Would be highly offensive to a reasonable

person, and (2) is not of legitimate concern to the public.

The provisions of this chapter dealing with the right to

privacy in certain public records do not create any right of

privacy beyond those rights that are specified in this chapter

as express exemptions from the public's right to inspect,

examine, or copy public records. [1987 c 403 § 2.)

(1994)

lotent-1987 c 403: "The legislature intends to restore the law

relating to the release of public records largely to that which existed prior

to the Washington Supreme Coun decision in "In Rt Roster" lOS Wn.2d

606(1986). The intent or this legis1ation is to maIce clear that: (\) Absent

statutory provisions to the coottat)'. agencies possessing recordsshould in

responding to requests ror disclosure not make any distinctions in releasing

or not releasing records based upon the identity or the person or agency

which requested the records. and (2) agencies having public records should

rely only upon SlalUtOry exemptions or prohibitions for rerusaJ to provide

public records. Further. to avoid unnecessary confusion. "privacy" as used

in RCW42.17.255 is intended 10 have the same meaning as the definition

given that word by the Supreme Coon in "Hearst \'. Hoppe: 90 Wn.2d 123.

us (1978)." il987 c 403 § 1.1

Severablllty-1987 c 403: "If any provision or this act or its

application to any person or circumstance is held invalid. the remainder or

the act or the application of the provision to other persons or circumstances

is DOC affected." [1987 c 403 § 7.1

RCW 42.17.258 Disclaimer or public liability. No

public agency, public official, public employee, or custodian

shall be liable. nor shall a cause of action exist. for any loss

or damage based upon the release of a public record if the

public agency, public official, public employee, or custodian

acted in good faith in attempting to comply with the provisions of this chapter. [1992 c 139 § 11.)

RCW 42.17.260 Documents and indexes to be made

public. (l) Each agency, in accordance with published

rules, shall make available for public inspection and copying

all public records, unless the record falls within the specific

exemptions of subsection (6) of this section, RCW

42.17.310,42.17.315, or other statute which exempts or

prohibits disclosure of specific information or records. To.

the extent required to prevent an unreasonable invasion>of

personal privacy interests protected by RCW 42.17.3 10:and

42.17.315, an agency shall delete identifying details, in a

manner consistent with RCW 42.17.310 and 42.17.315 when

it makes available or publishes any public record; however,

in each case. the justification for the deletion shall be

explained fully in writing.

(2) For informational purposes, each agency shall

publish and maintain a current list containing every law.

other than those listed in this chapter, that the agency

believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an

exemption shall not affect the efficacy of any exemption.

(3) Each local agency shall maintain and make available

for public inspection and copying a current index providing

identifying information as to the following records issued,

adopted, or promulgated after January I, 1973:

(a) Final opinions, including concurring and dissenting

opinions, as well as orders, made in the adjudication of

cases;

(b) Those statements of policy and interpretations of

policy, statute, and the Constitution which have been adopted

by the agency;

(c) Administrative staff manuals and instructions to staff

that affect a member of the public;

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

planning decisions;

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

reports and' studies, scientific reports and studies, and any

other factual information derived from tests, studies, reports.

[eb. 42.17-p. 11)
41.17.260 Disdosure-Campalgn FInane:a-LobbyiD~Records

or surveys, whether conducted by public employees or

others; and

(f) Correspondence. and materials referred to therein, by

and with the agency relating to any regulatory, supervisory,

or enforcement responsibilities of the agency, whereby the

agency determines, or opines upon. or is asked to determine·

or opine upon. the rights of the state. the public. a subdivision of state government. or of any private party.

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

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

event:

(a) Issue and publish a formal order specifying the

reasons why and the extent to which compliance would

unduly burden or interfere with agency operations; and

(b) Make available for public inspection and copying all

indexes maintained for agency use.

(5) Each state agency shall. by rule. establish and

implement a system of indexing for the identification and

locauon of the following records:

(a) All records issued before July 1; 1990. for which the

<~ncy has maintained an index;

(b) Final orders entered after June. 30. 1990, that are

issued in adjudicative proceedings as defined in RCW

34.05.010(1) and that contain an analysis or decision of

substantial importance to the agency in carrying out its

duties:

(c) Declaratory orders entered after June 30, 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(8) that were entered after June 30, 1990; and

(e) Policy statements as defined in RCW 34.05.010(14)

that were entered after June 30, 1990.

Rules establishing systems of indexing shall include, but not

be limited to, requirements for .the form and content of the

index, its location and availability to the public, and the

schedule for revising or updating the index. State agencies

that have maintained indexes for records issued before July

I, 1990. shall continue to make such indexes available for

public inspection and copying. Information in such indexes

may be incorporated into indexes prepared pursuant to this

subsection. State agencies may satisfy the requirements of

this subsection by making available to the public indexes

prepared by other parties but actually used by the agency in

its operations. State agencies shall make indexes available

for public inspection and copying. State agencies may

charge a fee to cover the actual costs of providing individual

mailed copies of indexes.

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

precedent by an agency against a party other than an agency

and it may be invoked by the agency for any other purpose

only if-

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

public; or

(b) Parties affected have timely notice (actual or

constructive) of the terms thereof.

(7) This chapter shall not be construed as giving

authority to any agency to give, sell or provide access to lists

of individuals requested for commercial purposes, and

agencies shall not do so unless specifically authorized or

directed-by-law: -f>ROVIDED,_HOWEYER, Thatljsts o(

leb. 42.17-p. 12J

applicants for professional licenses and of professional

licensees shall be made available to those professional

associations or educational organizations recognized by their0

professional licensing or examination board, upon payment i

of a reasonable charge therefor: PROVIDED FURTHER.

That such recognition may be refused only for a good cause

pursuant to a hearing under the provisions of chapter 34.05

RCW. the Administrative Procedure Act. [1992 c 139 § 3;

1989 c 175 § 36; 1987 c 403 § 3; 1975 lst ex.s. c 294 § 14:

1973 c 1 § 26 (Initiative Measure No. 276. approved

November 7, 1972).]

Effective dat__1989 e 175: Sec: nOle following RCW 34.05.010.

Intent-8everablllty-1987 e 403:. See notes following RCW

42.17.255.

EJ:emptionfor registered trade_s: RCW 19.81J.065.

RCW 41.17.261 Public information access policy

task force. A public information access policy task force is

hereby created. The task force shall be composed of: The

state librarian or the librarian's designee; the director of the

department of information services or the director's designee;

four members who are representatives of state and local

governmental agencies. appointed by the governor; five

representatives of the general public who have experience

accessing information electronically or have particular

interest in the policies that should govern access to information from public agencies, appointed by the governor; two

members of the house of representatives, one from each

political party, appointed by the speaker of the house of

representatives; two members of the senate, one from each

political party. appointed by the president of the senate; and.0

at the option of the chief justice of the state's supreme court,

one representative of the state's judicial: branch appointed by

the chief justice. The state librarian or the librarian's

designee and the director of information services or the

director's designee shall serve as the cochairs of the task

force. The department of information services and the state

library shall provide staff support for the task force.

The purpose of the task force is to identify specific

means of encouraging and establishing widespread. public.

electronic access to the public records held by state government and by local governments. For the purposes of the

task force's study and recommendations, providing such

access to the public does not include providing the type of

services beyond access, and beyond providing assistance

with that access, that would be provided by a vendor for

commercial purposes, including but not limited to providing

such services by means of a geographic information system.

The task force shall cease to exist on June 30, 1996.

[1994 c 40 § 4.]

Recommendations: "(1) By December I, 1994. the task force shall

provide its initial recommendations to the legislature and the governor

regarding: Protecting the privacy of the citizenry and complying with

stalutory IIOIIdiscIosure RqUimnenls while providing to the public electronic

access to records; the stalus and availability of records for eleclronic access;

and the availability of various means of electronically linking individual

Citizens to the records they seek. 1be initial repon shall identify implementation strategies for records found to be immediately available for such

access.

(2) By December I, 1995. the task force shall provide its final0

recommendations to the legislature and governor. The recommendauons

shall be consislCDtwith the recommendations providedunder subsection (I )

of this section and shall include an implementation strategy for providing

widespread. public. dectronic ICCIe$S to the public records held by state and

-(l994f
•

•

•

local governmental entities. deadlines for implementation. and findings as

to costs.

(3) Nothing in this section or RCW 42.17.261 precludes records from

being made available to the public electronically prior to the dates

established for the initial and fmal reports of the task force: [1994 c 40 §

S.l

Flndings-Senrabllity-Etrective date-1994 c 40: See notes

following RCW 42.17.367.

RCW 42.17.270 FacUlties for copying-AvaUability

of public records. (Effective until January I, 1995.)

Public records shall be available for inspection and copying.

and agencies shall. upon request for identifiable public

records. make them promptly available to any person.

Agencies shall not distinguish among persons requesting

records. and such persons shall not be required to provide

information as to the purpose for the request except to

establish whether inspection and copying would violate

*RCW 42.17.260(5) or other statute which exempts or

prohibits disclosure of specific information or records to

certain persons. Agency facilities shall be made availableto

any person for the copying of public records except when

and to the extent that this would unreasonably disrupt the

operations of the agency. Agencies shall honor requests

received by mail for identifiable public records unless

exempted by provisions of this chapter. [1987 c 403 § 4;

1975 1st ex.s. c 294 § 15; 1973 c I § 27 (Initiative Measure

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

-Reviser's note: RCW 42.17.260 was amended by 1989 c 175 § 36,

and the previous subsection (5) was renumbered as subsection (6). RCW

42.17.260 was subsequently amended by 1992 c 139 § 3, and the previous

subsection (5) is now subsection (7).

Intent-Severabllity-19B7 e 403: See notes following RCW

42.17.255.

RCW 42.17.280 Times for inspection and copying.

Public records shall be available for inspection and copying

during the customary office hours of the agency: PROVIDED; That if the agency does not have customary office hours

of at least thirty hours per week, the public records shall be

available from nine o'clock a.m. to noon and from one

o'clock p.m. to four o'clock p.m. Monday through Friday.

excluding legal holidays, unless the person making the

request and the agency or its representative agree on a

different time. [1973 c I § 28 (Initiative Measure No. 276,

approved November ?' 1972).]

RCW 42.17.290 Protection of public recordsPublic access. Agencies shall adopt and enforce reasonable

rules and regulations. consonant with the intent of this

chapter to provide full public access to public records, to

protect public records from damage or disorganization. and

to prevent excessiveinterference with other essential

functions of the agency. Such rules and regulations shall

provide for the fullest assistance to inquirers and the most

timely possible action on requests for information. Nothing

in this section shall relieve agencies from honoring requests

received by mail for copies of identifiable public records.

If a public record request is made at a time when such

record exists but is scheduled for destruction in the near

future, the agency shall retain possession of the record. and

may not destroy or erase the record until the request is

resolved. [1992 c 139 § 4; 1975 lst ex.s. c 294 § 16; 1973

(1994)

c 1 § 29 (Initiative Measure No. 276, approved November 7,

1972).)

RCW 42.17.295 Deslnlction of information relating

to employee misconduct. Nothing in this chapter prevents

an agency from destroying information relating to employee

misconduct or alleged misconduct in accordance with RCW

41.06.450, to the extent necessary to ensure fairness to the

employee. [1982 c 208 § 13.)

SevenbUlty-1981 e 108: See RCW 42.40.900.

RCW 42.17.300 Charges for copying. No fee shall

be charged for the inspection of public records. Agencies

may impose a reasonable charge for providing copies of

public records and for the use by any person of agency

equipment to copy public records, which charges shall not

exceed the amount necessary to reimburse the agency for its

actual costs incident to such copying. [1973 c 1 § 30

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

RCW 42.17.310 Certain Personal and other records

exempt. (l) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for

students in public schools, patients or clients of public

institutions or public health agencies. or welfare recipients.

(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to

the extent that disclosure would violate their right to privacy.

(c) Information required of any taxpayer in connection

with the assessment or collection of any tax if the disclosure

of the information to other persons would (i) be prohibited

to such persons by RCW 82.32.330 or (iijviolate the

taxpayer's right to privacy or result in unfair competitive

disadvantage to the taxpayer.

(d) Specific intelligence information and specific

investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with

the responsibility to discipline members of any profession.

the nondisclosure of which is essential to effective law

enforcement or for the protection of any person's right to

privacy.

(e) Information revealing the identity of persons who are

witnesses to or victims of crime or who me 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 thecomplainant, victim or

witness indicates a desire for disclosure or nondisclosure,

such desire shall govern. However, all complaints filed with

the public disclosure commission about any elected official

or candidate for public office must be made in writing and

signed by the complainant under oath.

(f) Test questions, scoring keys, and other examination

data used to administer a license, employment, or academic

exantination. .

(g) Except as provided by chapter 8.26 RCW, the

contents of real estate appraisals, made for or by any agency

relative to the acquisition or sale of property, until the

project or prospective sale is abandoned or until such time

as all of the property has been acquired or the property to

(0. 41.17-p. 13)
42.17.310 Dlsclosure-CampaJgn Flnanc:es-Lobbylne-Records ... _.

which the sale appraisal relates is sold. but in no event shall

disclosure be denied for more than three years after the

appraisal.

(h) Valuable formulae. designs. drawings. and research

data obtained by any agency within five years of the request

for disclosure when disclosure would produce private gain

and public loss.

(i) Preliminary drafts. notes. recommendations. and

intra-agency memorandums in which opinions are expressed

or policies formulated or recommended except that a specific

record shall not be exempt when publicly cited by an agency

in connection with any agency action.

G) Records which are relevant to a controversy to which

an agency is a party but which records would not be

available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(k) Records. maps. or other information identifying the

location of archaeological sites in order to avoid the looting

or depredation of such sites.

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

to maintain control of library materials. or to gain access to

information. which discloses or could be used to disclose the

identity of a library user.

(rn) Financial information supplied by or on behalf of a

person. firm. or corporation for the purpose of qualifying to

submit a bid or proposal for (i) a ferry system construction

or repair contract as required by RCW 47.60.680 through

47.60.750 or (ii) highway construction or improvement as

required by RCW 47.28.070.

(n) Railroad company contracts filed prior to July 28.

1991, with the utilities and transportation commission under

*RCW 81.34.070. except that the summaries of the contracts

are open to public inspection and copying as otherwise

provided by this chapter.

(0) Financial and commercial information and records

supplied by private persons pertaining to export services

provided pursuant to chapter 43.\63 RCW and chapter 53.31

RCW. .

(p) Financial disclosures filed .by private vocational

schools under chapter 28C.I0 RCW.

(q) Records filed with the utilities and transportation

commission or attorney general under RCW 80.04.095 that

a court has determined are confidential under RCW

80.04.095.

(r) Financial and commercial information and records

supplied by businesses or individuals during application for

loans or program services provided by chapters 43.163.

43.\60.43.330. and 43.168 RCW. or during application for

economic development loans or program services provided

by any local agency.

(s) Membership lists or lists of members or owners of

interests of units in timeshare projects. subdivisions. camping

resorts. condominiums. land developments. or commoninterest communities affiliated with such projects. regulated

by the department of licensing. in the files or possession of

the department.

(t) All applications for public employment. including the

names of applicants. resumes. and other related materials

submitted with respect to an applicant.

(u) The residential addresses and residential telephone

numbers of employees or volunteers of a public agency

which ar:e held_by~e~.genc~ ~perso~~e!_~~~~~ ~np~ol:

[eb. 41.17-p. 24].

ment or volunteer rosters. or mailing lists of employees or

volunteers.

(v) The residential addresses and residential telephone

numbers of the customers of a public utility contained in theO.

records or lists held by the public utility of which they are

customers.

(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. credentialing, investigatory. disciplinary.

and examination organizations; (ii) the current residential

address and current residential telephone number of a health

care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests

that this information be withheld from public inspection and

copying. provides to thedepartment an accurate alternate

or business address and business telephone number. On or

after January 1, 1995. the current residential address and

residential telephone number of a health care provider

governed under RCW 18.130.\40 maintained in the files of

the department shall automatically be withheld from public

inspection and copying if the provider has provided the

department with an accurate alternative or business address

and telephone number.

(x) Information obtained by the board of pharmacy as

provided in RCW 69.45.090.

(y) Information obtained by the board of pharmacy or

the department of health and its representatives as provided

in RCW 69.41.044.69.41.280. and 18.64.420. 0

(z) Financial information. business plans. examination

reports. and any information produced or obtained in

evaluating or examining a business and industrial development corporation organized or seeking certification under

chapter 31.24 RCW.

(18) Financial and commercial information supplied to

the state investment board by any person when the information relates to the investment of public trust or retirement

funds and when disclosure would result in loss to such funds

or in private loss to the providers of this information.

(bb) Financial and valuable trade information under

RCW 51.36.120.

(cc) Client records maintained by an agency that is a

domestic violence program as defined in RCW 70.123.020

or 70.123.075 or a rape crisis center as defined in RCW

70.125.030.

(dd) Information that identifies a person who. while an

agency employee: (i) Seeks advice. under an informal

process established by the employing agency. in order to

ascertain his or her rights in connection with a possible

unfair practice under chapter 49.60 RCW against the person;

and (ii) requests his or her identity or any identifying

information not be disclosed. .

(ee) Investigative records compiled by an employing

agency conducting a current investigation of a possible

unfair practice under chapter 49.60 RCW or of a possible

violation of other federal. state. or local laws prohibiting

discrimination in employment. . 0

(ff) Business related information protected from public

inspection and copying under RCW 15.86.110.

(1994)
Dlsdosure-Campalgn·Financ:e5-Lobbylng-Records

•

•

•

(gg) Financial. commercial, operations. and technical

and research information and data submitted to or obtained

by the clean Washington center in applications for. or

delivery of. program services under chapter 70.95H RCW.

(2) Except for information described in subsection

(I )(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the

exemptions of this section are inapplicable to the extent that

information. the disclosure of which would violate personal'

privacy or vital governmental interests, can be deleted from

the specific records sought. No exemption may be construed

to permit the nondisclosure of statistical information not

descriptive of any readily identifiable .person or persons.

(3) Inspection or copying of any specific records exempt

under the provisions of this section may be permitted if the

superior court in the county in which the record is maintained finds. after a hearing with notice thereof to every

person in interest and the agency, that the exemption of such

records is clearly unnecessary to protect any individual's

right of privacy or any vital governmental function.

(4) Agency responses refusing. in whole or in part,

inspection of any public record shall include a statement of

the specific exemption authorizing the withholding of the

record (or part) and a brief explanation of how the exemption applies to the record withheld. [1994 c 233 § 2; 1994

c 182 § l. 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 § I; prior: 1989 1st

ex.s. c 9 § 407; 1989 c 352 § 7; 1989 c 279 § 23; 1989 c

238 § I; 1989 c 205 § 20; 1989 c 189 § 3; 1989 c II § 12;

prior: 1987 c 411 § 10; 1987 c 404 § I; 1987 c 370 § 16;

1987 c 337 § I; 1987 c 107 § 2; prior: 1986 c 299 § 25;

1986 c 276 § 7; 1985 c 414 § 8; 1984 c 143 § 21; 1983 c

133 § 10; 1982 c 64 § I; 1977 ex.s. c 314 § 13; 1975-'76

2nd ex.s, c 82 § 5; 1975 1st ex.s. c 294 § 17; 1973 c 1 § 31

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

Reviser's note: (I) This section was amended by 1994 c 182 § I and

by 1994 c 233 § 2. each without reference to the other. Bod! amendments

are incorporated in the publication of this section pursuant to RCW

1.12.025(2). For rule of construction. see RCW 1.12.025(1).

-(2) RCW 81.34.070 was repealed by 1991 c 49 § I.

Effective date-1994 c 233: See note following RCW 70.123.075.

Effective date-19M c 182: "This act shall takeeffect July I. 1994.-

[1994 c 182 § 2.]

Effective date-1993 c 360: See note following RCW 18.130.085.

Effective date-Severability-1993 c 280: See RCW 43.330.902

and 43.330.903.

Finding-I991 c 301: See note following RCW 10.99.020.

Effective date-1991 c 87: See note following RCW 18.64.350.

Effective dates-I991 c 23: See RCW 40.24.900.

Effective dates-1990 2nd ex.s, c 1: See note following RCW

84.52.010.

Severability-1990 2nd ex.s, e 1: See note following RCW

82.14.300.

Effective date-Severabllity-1989 lst ex.s. e 9: See RCW

43.70.910 and 43.70.920.

Report-Severability-1989 c 279: See RCW 43.163.900 and

43.163.901.

Severability-I989 c 11: See note following RCW 9A.S6.220.

SeverabWty-l987 c 411: See RCW 69.45.900.

Severability-El1'ective date-l9ll6 e 299: See RCW 28C.IO.900

and 28C.IO.902.

(1994)

-41.17.310

SnerabUIt)'-I986 e 276: See RCW 53.31.901.

~ie Mallh plan records: RCW 70.47.150.

Exemptionsfrom public itasptction

aecolUl/ing records ofSIHcialinquiry judgt: RCW 10.29.090.

bill drafting servic« of cod« reviser's offiet: RCM' 1.08.027. 44.68.060.

urtifiealt submintd b)' physically or _n/QI~' disabltd person sulcing a

driver's license: RCW 46.20.041.

commercialfertilizers, salts TtpONS: RCW 15.54.362.

criminal records: Chapltr 10.97 RCW.

joint ltgislalivt servic« center, information: RCW 44.68.060.

mtdical qlUJlity assuranct commission. reports rtquirtd to IN filed with:

RCW 18.71.0195.

organized eri_

advisory board files: RCW 10.29.030.

invtSligatiw infonnation: RCW 43.43.856.

salary and/ringt benefil survty information: RCW 41.06.160.

RCW 42,17.311 Duty to disclose or withhold

information-Otberwise provided. Nothing in RCW

42.17.310(1} (t) through (v) shall affect a positive duty of an

agency to disclose or a positive duty to withhold information

which duty to disclose or withhold is contained in any other

law. [1991 c 23 § 11; 1990 c 256 § 2; 1987 c 404 § 3.]

EO"ective dates-I991 c 23: See RCW 40.24.900.

RCW 42.17.312 Medical records-s-Healtheare

information. Chapter 70.02 RCW applies to public inspection and copying of health care information of patients.

[1991 c 335 § 902.J

AppUcatioD and construetion-Sbort title--Severabwty--Captiom

not 18,,-1991 c 335: See RCW 70.02.901 through 70.02.904. -;

RCW 42.17.313 Application for license un"ler

cbapter 31.45 RCW-Certain information exe~iipt.

Information in an application for licensing under RCW

31.45.030 regarding the personal residential addressrtelephone number of the applicant. or financial statement is

exempt from disclosure under this chapter. [1991 c 355 §

22.J

Effective date. implementation-I991 c 355: See RCW 31.45.900.

RCW 42.17.314 Electrical utility records. request

by law enforcement agency. A law enforcement authority

may not request inspection or copying of records of any

person. which belong to a public utility district or a municipally owned electrical utility, unless the authority provides

the public utility district or municipally owned electrical

utility with a written statement in which the authority states

that it suspects that the particular person to whom the

records pertain has committed a crime and the authority has

a reasonable belief that the records could determine or help

determine whether the suspicion might be true. Information

obtained in violation of this rule is inadmissible in any

criminal proceeding. [1987 c 403 § 6.J

Intent-Severability-1987 e 403: See notes following RCW

42.17,255.

RCW 42.17.315 Certain records' obtained by

colleges, universities, libraries, or arcbives exempt.

Notwithstanding the provisions of RCW 42.17.260 through

42.17.340, as now or hereafter amended, no state college,

university, library, or archive shall be required by chapter

42.17 RCW to make available for public inspection and

[eb. 4~17--p. %5)
41.17.315 . Dlsdosure-Campalgn Flnances-LobbyiD~Records_._.

copying any records or documents obtained by said college.

university. library. or archive through or concerning any gift.

grant. conveyance. bequest. or devise. the terms of which

restrict or regulate public access to such records or documents: PROVIDED. That this section shall not apply to any

public records as defined in RCW 40.14.010. [1975 lst ex.s,

c 294 § 22.)

RCW 42.17.316 Certain records of Impaired

physician program exempt, The disclosure requirements

of this chapter shall not apply to records of the committee

obtained in an action under RCW 18.71.300 through

18.71.340. [1994 1st sp.s. c 9 § 726; 1987 c 416 § 7.]

Severability-Headings and captions not law-Effective date--

1994 1st sp.s. c 9: See RCW 18.79.900 through 18.79.902. .

Efrective date--1987 e 416: Sec Dote following RCW 18.71.300.

RCW 42.17.317 Infonnation on commerdal fertilizer distribution exempL Information provided under RCW

15.54.362 is exempt from disclosure under this chapter.

[1987 c 45 § 15.]

Construction-Severability-l987 c 45: See notes following RCW

15.54.270.

RCW 42.17.318 Information on concealed pistol

licenses exempt. The license applications under RCW

9.41.070 are exempt from the disclosure requirements of this

chapter. Copies of license applications or information on the

applications may be released to law enforcement or corrections agencies. [1988 c 219 § 2.)

RCW 42.17.319 Certain records of investment

opportunities' office exempt. Notwithstanding the provisions of RCW 42.17.260 through 42.17.340. no financial or

proprietary information supplied by investors or entrepreneurs under chapter 43.330 RCW shall be made available to

the public, [1993 c 280 § 36; 1989 c 312 § 7.]

Effective dale-Severablllty-I993 e 280: See RCW 43.330.902

and 43.330.903.

Severabilily-I989 c 312: See note following RCW 4331.403.

RCW 42.17.31901 Identity of chiJd victims of sexual

assault exempt, Infoimation 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 child victim's name. address. location.

photograph. and in cases in 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.)

Findings-Intenl-5everability-I992 c 188: See notes following

RCW 7.69A.020.

RCW 42.17.31902 Infant mortality review. Notwithstanding the provisions of RCW 42.1.7.250 through

42.17.340. no local health department may be required under

this chapter to make available for public inspection or

copying any records or documents obtained. prepared, or

maintained by the local health department for the purposes

of an infant mortality review conducted by the department

pursuant to RC\y 79·Q5.l70. nlis_sec_ti_on_s!UU!!1~t app]rto_

ICb. 41.17-p. 161

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.) C

RCW 42.17.320 Prompt responses required.

Responses to requests for public records shall be made

promptly by agencies. Within five business days of receiving a public record request. an agency must respond by

either (1) providing the record; (2) acknowledging that the

agency has received the request and providing a reasonable

estimate of the time the agency will require to respond to the

request; or (3) denying the public record request Additional

time required to respond to a request may be based upon the

need to clarify the intent of the request, to locate and

assemble the information requested. to notify third persons

or agencies affected by the request, or to determine whether

any of the information requested is exempt and that a denial

should be made as to all OJ' part of the request. In acknowledging receipt of a public record request that is unclear. an

agency may ask the requestor to clarify what information the

requestor is seeking. If the requestor fails to clarify the

request, the agency need not respond to it. Denials of

requests must be accompanied by a written statement of the

specific reasons therefor. Agencies shall establish mechanisms for the most prompt possible review of decisions

denying inspection, and such review shall be deemed

completed at the end of the second business day following

the denial of inspection and shall constitute final agency

action for the purposes of judicial review. [1992 c 139 § 6;

1975 lst ex.s. c 294 § 18; 1973 c 1 § 32 (Initiative Measure

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

RCW 42.17.325 Review of agency denial Whenever

a state agencyconcludes that a public record is exempt from

disclosure and denies a person opportunity to inspect or copy

a public record for that reason, the person may request the

attorney general to review the matter. The attorney general

shall provide the person with his or her written opinion on

whether the record is exempt.

Nothing in this section shall be deemed to establish an

attorney-client relationship between the attorney general and

a person making a request under this section. [1992 c 139

§ 10.]

RCW 42.17.330 Court protection of public records.

The examination of any specific public record may be

enjoined if, upon motion and affidavit by an agency or its

representative or a person who is named in the record or to

whom the record specifically pertains, the superior 'court for

the county in which the movant resides or in which the

record is maintained, finds that such examination would

clearly not be in the public interest and would substantially

and irreparably damage any person, or would substantially

and irreparably damage vital governmental functions. An

agency has the option of notifying persons named in the

record or to whom a record specifically pertains. that release

of a record has been requested. However. this option does

. not exist where the agency is required by law to provid,.~

such notice'. [1992 c 139 § 7; 1975 1st ex.s. c 294 § I( )

1973 c 1 § 33 (Initiative Measure No. 276, approved":"

November 7, 1972).]

(1994)
Dlsclosure-CampalgD FlDances---Lobbytnc--Rec:ords

•

•

•

RCW 42.17.340 Judicial review of agency actions.

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

opportunity to inspect or copy a public record by an agency,

the superior court in the county in which a record is maintained may require the responsible agency to show cause

why it has refused to allow inspection or copying of a

specific public record or class of records. The burden of

proof shall be on the agency to establish that refusal to

permit public inspection and copying is in accordance with

a statute that exempts or prohibits disclosure in whole or in

part of specific information or records.

(2) Upon the motion of any person who believes that an

agency has not made a reasonable estimate of the time that

the agency requires to respond to a public record request, the

superior court in the county in which a record is maintained

may require the responsible agency to 'show that the estimate

it provided is reasonable. The burden of proof shall be on

the agency to show that the estimate it provided is reasonable.

(3) Judicial review of all agency actions taken or

challenged under RCW 42.17.250 through 42.17.320 shall be

de novo. Courts shall take into account the policy of this

chapter that free and open examination of public records is

in the public interest. even though such examination may

cause inconvenience or embarrassment to public officials or

others. Courts may examine any record in camera in any

proceeding brought under this section. The court may

conduct a hearing based solely on affidavits.

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

action in the courts seeking the right to inspect or copy any

public record or the right to receive a response to a public

record request within a reasonable amount of time shall be

awarded all costs. including reasonable attorney fees,

incurred in connection with such legal action. In addition,

it shall be within the discretion of the court to award such

person an amount not less than five dollars and not to

exceed one hundred dollars for each day that he was denied

the right to inspect or copy said public record. [1992 c 139

§ 8; 1987 c 403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c I §

34 (Initiative Measure No. 276. approved November 7,

1972).]

Intenl-Severabilily-1987 c 403: See notes following RCW

42.17.255.

RCW 42.17.348 Explanatory pamphlet. The

attorney general's office shall publish, and update when

appropriate. a pamphlet. written in plain language, explaining

the provisions of the public records subdivision of this

chapter. [1992 c 139 § 9.]

ADMINISTRATION AND ENFORCEMENT

RCW 42.17.350 Public disclosure commissionEstablished-Membership-Compensation, travel

expenses. There is hereby established a "public disclosure

commission" which shall be composed of five members who

shall be appointed by the governor. with the consent of the

senate. All appointees shall be persons of the highest

integrity and qualifications. No more than three members

shall have an identification with the same political party.

The original members shall be appointed within sixty days

(1994)

after January I, 1973. The term of each member shall be

five years except that the original five members shall serve

initial terms of one, two. three, four. and five years, respectively. as designated by the governor. No member of the

commission, during his .tenure, shall (I) hold or campaign

for elective office; (2) be an officer of any political party or

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

contributions, in support of or in opposition to any candidate

or proposition; (4) participate in any way in any election

campaign; or (5) lobby or employ or assist a lobbyist:

PROVIDED. That a member or the staff of the commission

may lobby to the limited extent permitted by RCW

42.17.190 on matters directly affecting this chapter. No

member shall be eligible for appointment to more than one

full term. A vacancy on the commission shall be filled

within thirty days of the vacancy by the governor. with the

consent of the senate, and the appointee shall serve for the

remaining term of his predecessor. A vacancy shall not

impair the powers of the remaining members to exercise all

of the powers of the commission. Three members of the

commission shall constitute a quorum. The commission

shall elect its own chairman and adopt its own rules of

procedure in the manner provided in chapter 34.05: RCW.

Any member of the commission may be removed. by the

governor. but only upon grounds of neglect of duty or

misconduct in office. ,

Members shall be compensated in accordance with

RCW 43.03.250 and in addition shall be reimbursed for

travel expenses incurred while engaged in the business of the

commission as provided in RCW 43.03.050 and 43.03.P60.

The compensation provided pursuant to this section shall not

be considered salary for purposes of the provisionsRkany

retirement system created pursuant to the general laws'o[ this

state. [1984 c 287 § 74; 1982 c 147 § 15; 1975-'7~.,2nd

ex.s. c 112 § 8; 1975-'76 2nd ex.s. c 34 § 93; 1975 lst.ex.s.

c 294 § 23; 1973 c 1 § 35 (Initiative Measure N6. <276,

approved November 7, 1972).] , .

Legislative Ondlngs--SeverabUity-Effec:t!ve date-1984 e 287:

See notes following RCW 43.03.220.

Effective dat~everability-197S-'76 2nd ex.s. c 34: See notes

following RCW 2.08.115.

RCW 42.17.360 Commission-Duties. The commission shall:

(I) Develop and provide forms for the reports and

statements required to be made under this chapter:

(2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for

use by persons required to make reports and statements

under this chapter;

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

reports and statements;

(4) Investigate whether properly completed statements

and reports have been filed within the times required by this

chapter;

(5) Upon complaint or upon its own motion, investigate

and report apparent violations of this chapter to the appropriate law enforcement authorities;

(6) Prepare and publish an annual report to the governor

as to the effectiveness of this chapter and its enforcement by

appropriate law enforcement authorities; and

[Cb•.41.17-p. 271

',"
42.17.360 Disdosure-CampaJgn Flnanc:es-Lobbytne-Recordl

(7) Enforce this chapter according to the powers granted

it by law. [1973 c I § 36 (Initiative Measure No. 276,

approved November 7, 1972).)

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 regarding the degree of compliance with the provisions of this chapter by all required filers. [1993 c 2 § 29

(Initiative Measure No. 134. approved November 3. 1992).]

RCW 42.17.367 Electronic access to commission

documents. By January 1, 1995, the public disclosure

.commission shall design a program for electronic access to

public documents filed with the commission. The program

may include on-line access to the commission's magic and

electronic bulletin board systems. providing information for

the internet system, fax-request service, automated telephone

service, electronic filing of reports, and other service

delivery options. Documents available in the program shall

include, but are not limited to. public documents filed with

the public disclosure commission. including, but not limited

to, commission meeting schedules. financial affairs reports.

contribution reports. expenditure reports. and giftreports,

Implementation of the program is contingent on the availability of funds. [1994 c 40 § 2.]

Findings-1994 e 40: "The legislature finds that government

information is a strategic resoun:e and needs to be managed as such and that

broad public access to nonrestricted public information and records must be

guaranteed. The legislature further finds that reengmeering government

processes along with capitalizing on advancements made in digital

technology can build greater efficiencies in government service delivery.

The legislature further finds that providing citizen electronic access to

presently available public documents will allow increased citizen involvement in state policies and empower citizens to participate in state policy

decision making." [1994 c 40 § J.]

Severabllity-1994 e 40: "If any provision of this act or its

application to any person or circumstance is held invalid. theremainder of

the act or the application of the provision to other persons or circumstances

is nOl affected." ll994 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 Slate

government and its existing public institutions. and shall take effect

immediately [March 21. 1994]." [1994 c 40 § 7.]

RCW 42.17.370 Commission-Additional powers.

The commission is empowered to:

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

administrative rules to carry out the policies and purposes of

this chapter, which rules shall be adopted under chapter

34.05 RCW;

(2) Appoint and set, within the limits established by the

committee on agency officials' salaries under RCW

43.03.028, the compensation of an executive director who

shall perform such duties and have such powers as the

commission may prescribe and delegate to implement and

enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or

rescind rules nor shall it delegate authority to determine

whether an actual violation of this chapter has occurred or to

assess penalties for such violations;

(3) Prepare. and publish such reports and technical

studies as in its judgment will tend to promote the purposes

of this chapter, includingreP9rts_l!-"~ sta.~stic~ C~:"~~~lling

lCb. 4%.17-p. 28]

campaign financing. lobbying. financial interests of elected

officials. and enforcement of this chapter;

(4) Make from time to time. on its own motion. aud"<-...

and field investigations:. (

(5) Make public the time and date of any formal heariia6J

set to determine whether a violation has occurred. the

question or questions to be considered; and the results

thereof;

(6) Administer oaths and affirmations, issue subpoenas.

and compel attendance. take evidence and require the

production of any books. papers. correspondence, memorandums, or other records relevant or material for the purpose

of any investigation authorized under this chapter, or any

other proceeding under this chapter;

(7) Adopt and promulgate a code of fair campaign

practices;

(8) Relieve. by rule. candidates or political committees

of obligations to comply with the provisions of this chapter

relating to election campaigns. if they have not received

contributions nor made expenditures in connection with any

election campaign of more than one thousand dollars:

(9) Adopt rules prescribing reasonable requirements for

keeping accounts of and reporting on a quarterly basis costs

incurred by state agencies, counties, cities. and other

municipalities and political subdivisions in preparing.

publishing. and distributing legislative information. The

term "legislative information." for the purposes of this

subsection. means books. pamphlets. reports. and other

materials prepared. published. or distributed at substantial

cost. a substantial purpose of which IS to influence the

passage or defeat of any legislation. The state auditor in ~:~

regular examination of each agency under chapter 43( ~~

RCW shall review the rules. accounts. and reports and make......

appropriate findings. comments, and recommendations in his

examination reports concerning those agencies;

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

majority of the membership of the commission. suspend or

modify any of the reporting requirements of this chapter in

a particular case if it finds that literal application of this

chapter works a manifestly unreasonable hardship and if it

also finds that the suspension or modification will not

frustrate the purposes of the chapter. The commission shall

find that a manifestly unreasonable hardship exists if

reporting the name of an entity required to be reponed under

RCW 42.17.241 (I )(g)(ii) would be likely to adversely affect

the competitive position of any entity in which the person

filing the report or any member of his immediate family

holds any office. directorship, general partnership interest. or

an ownership interest of ten percent or more. Any suspension or modification shall be only to the extent necessary to

substantially relieve the hardship. The commission shall act

to suspend or modify any reponing requirements only if it

determines that- facts exist that are clear and convincing

proof of the findings required under this section. Any

citizen has standing to bring an action in Thurston county

superior court to contest the propriety of any order entered

under this section within one year from the date of the entry

of the order; and

(11) Revise. at least once every five years but no mor~

often than every two years. the monetary reporting thres10 olds and reporting code values of this chapter. TIle revisions

shall be only for the purpose of recognizing economic -- -~------ ----_._---- - - --. - -- (1994)--
Dlsdosure-Campaign Finances-Lobbying-Records

•

•

•

changes as reflected by an inflationary index recommended

by the office of financial management. The revisions shall

be guided by the change in the index for the period commencing with the month of December preceding the last

revision and concluding with the month of December

preceding the month the revision is adopted. As to each of

the three general categories of this chapter (reports of

campaign finance. reports of lobbyist activity. and reports of

the financial affairs of elected and appointed officials), the

revisions shall equally affect all thresholds within each

category. Revisions shall be adopted as rules under chapter

34.05 RCW. The first revision authorized by this subsection

shall reflect economic changes from the time of the last

legislative enactment affecting the respective code or

threshold through December 1985;

(12) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission.

Implementation of the program is contingent on the availability of funds. [1994 c 40 § 3; 1986 c 155 § 11; 1985 c

367 § II; 1984 c 34 § 7; 1977 ex.s. c 336 § 7; 1975 1st

ex.s. c 294 § 25; 1973 c 1'§ 37 (Initiative Measure No. 276,

approved November 7. 1972).]

Flndings-5everabllity-Effectlve date-1994 c 40: See Dotes

following RCW 42.17.367.

Contingent effective date-SeverabiJity-1986 c ISS:' See notes

following RCW 43.03.300.

Severability-l977 ex.s. e 336: See note following RCW 42.17.040.

RCW 42.17.375 Reports moo with county elections

offlctal-c-Rules governing. With regard to the reports

required by this chapter to be filed with a county auditor or

county elections official. the commission shall adopt rules

governing the arrangement. handling, indexing. and disclosing of those reports by the county auditor or county elections

official. The rules shall ensure ease of access by the public

to the reports and shall include. but not be limited to.

requirements for indexing the reports by the names of candidates or political committees and by 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. (l) The office of the secretary of state shall be

designated as a place where the public may file papers or

correspond with the commission and receive any form or

instruction from the commission.

(2) The attorney general. through his office. shall supply

such assistance as the commission may require in order to

carry out its responsibilities under this chapter. The commission may employ attorneys who are neither the attorney

general nor an assistant attorney general to carry out any

function of the attorney general prescribed in this chapter.

[1982 c 35 § 196: 1975 1st ex.s. c 294 § 26; 1973 c 1 § 38

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

Intent-5everabillty-Efl'ective dates-Application-1m e 35:

See notes following RCW 43.07.1.60..

RCW 42.17.390 Civil remedies and sanctions. One

or more of the following civil remedies and sanctions may

(1994)

be imposed by court order in addition to any other remedies

provided by law:

( I) If the court finds that the violation of any provision

of this chapter by any candidate or political committee

probably affected the outcome of any election. the result of

said election may be held void and a special election held

within sixty days of such finding. Any action to void an

election shall be commenced within one year of the date of

the election in question. It is intended that this remedy be

imposed freely in all appropriate cases to protect the right of

the electorate to an informed and knowledgeable vote.

(2) If any lobbyist or sponsor of any grass roots

lobbying campaign violates any of the provisions of this

chapter, his registration may be revoked or suspended and he

may be enjoined from receiving compensation or making

expenditures for lobbying: PROVIDED. HOWEVER. That

imposition of such sanction shall not excuse said lobbyist

from filing statements and reports required by this chapter.

(3) Any person who violates any of the provisions of

this chapter may be subject to a civil penalty of not more

than ten thousand dollars for each such violation. However.

a person or entity who violates RCW 42.17.640 may be

subject to a civil penalty of ten thousand dollars or-three

times the amount of the contribution illegally made or

accepted. whichever is greater.

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

statement or report within the time required by this chapter

may be subject to a civil penalty of ten dollars per day for

each day each such delinquency continues.;..

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

expenditure may be subject to a civil penalty equivalent to

the amount he failed to report.:,!t;,

(6) The court may enjoin any person to preventt'the

doing of any act herein prohibited. or to compel the performance of any act required herein. [1993 c 2 § 28 (Initiative

Measure No. 134, approved November 3. 1992); 1973 ct §

39 (Initiative Measure No. 276. approved November 7.

1972).]

RCW 42.17.395 Violations-Determination by

commission-Issuance and enforcement of orderHearing-Referral-Jodicial review-Petition for order

of enforcement. (1) The commission may (a) determine

whether an actual violation of this chapter has occurred; and

(b) issue and enforce an appropriate order following such

determination.

(2) The commission, in cases where it chooses to

determine whether an actual violation of this chapter has

occurred. shall hold a hearing pursuant to the Administrative

Procedure Act, chapter 34.05 RCW. to make such determination. Any order that the commission issues under this

section shall be pursuant to such hearing.

(3) In lieu of holding a hearing or issuing an order

under this section, the commission may refer the matter to

the attorney general or other enforcement agency as provided

in RCW 42.17.360.

(4) The person against whom an order is directed under

this section shall be designated as the respondent. The order

may require the respondent to cease and desist from the

activity that constitutes a violation and in addition, or

alternatively, may impose one or more of the remedies

lCa. 42.17-p. 19]

:1

»r-

;.,
41.17.395 Dlsdosu~mpa1gD Finances. Lobb~ecords .

RCW 42.17.400 Enforcement. (1) 'J'he attorney

general and the prosecuting authorities of political subdivisions of this state may bring civil actions in the name of tb..~,

state for any appropriate civil remedy, including but r[ J

limited to the special remedies provided in RCW 42.17.390.

(2) The attorney general and the prosecuting authorities

of political subdivisions of this state may investigate or

cause to be investigated the activities of any person who

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

of this chapter, and may require any such person or any

other person reasonably believed to have information

concerning the activities of such person to appear at a time

and place designated in the county in which such person

resides or is found, to give such information under oath and

to produce all accounts, bills, receipts, books, paper and

documents which may be relevant or material to any

investigation authorized under this chapter.

(3) When the attorney general or the prosecuting

authority of any political subdivision of this state requires

the attendance of any person to obtain such information or

the production of the accounts, bills, receipts, books, papers,

and documents which may be relevant or material to any

investigation authorized under this chapter. he shall issue an

order setting forth the time when and the place where

attendance is required and shall cause the same to be

delivered to or sent by registered mail to the person at least

fourteen days before the date fixed for attendance. Such

order shall have the same force, and effect as a subpoena,

shall be effective state-wide, arid, upon application of the

attorney general or said prosecuting authority, obedience to

the order may be enforced by any superior court judge in u,\

county where-the person receiving it resides or is found. U~

the same manner as though theorder were a subpoena. The

court. after hearing, for good cause, and upon application of

any person aggrieved by the order, shall have the right to

alter. amend, revise, suspend, or postpone all or any part of

its provisions. In any case where the order is not enforced

by the court according to its terms, the reasons for the

court's actions shall be clearly stated in writing, and such

action shall be subject to review by the appellate courts by

certiorari or other appropriate proceeding.

(4) Any person who has notified the attorney general

and the prosecuting attorney in the county in which the

violation occurred in writing that there is reason to believe

that some provision of this chapter is being or has been

violated may himself bring in the name of the state any of

the actions (hereinafter referred to as a citizen's action)

authorized under this chapter. This citizen action may be

brought only if the attorney general and the prosecuting

attorney have failed to commence an action hereunder within

forty-five days after such notice and such person has

thereafter further notified the attorney general and prosecuting attorney that said person will commence a citizen's

action within ten days upon their failure so to do, and the

attorney general and the prosecuting attorney have in fact

failed to bring such action within ten days of receipt of said

second notice. If the person who brings the citizen's action

prevails, the judgment awarded shall escheat to the state, but

he shall be entitled to be reimbursed by the state of Wasl>\

ington for costs and attorney's fees he has incurre~J

PROVIDED, That in the case of a citizen's action which is

. ~. _.!tis!D!.s.se(ta.JId. ..\lV.~ic:h..!!t.e co'!..rt .11150.fi.llds.~ll~ br.o_ugh!.

(1994)

provided in *RCW42.17.390(1) (b), (c), (d), or (e):

PROVIDED, That no individual penalty assessed by the

commission may exceed one thousand dollars, and in any

case where multiple violations are involved in a single

complaint or hearing, the maximum aggregate penalty may

not exceed two thousand five hundred dollars.

(5) An order issued by the commission under this

section shall be subject to judicial review under the Administrati ve Procedure Act, chapter 34.05 RCW. If the

commission's order is not satisfied and no petition for

review is filed within thirty days as provided in RCW

34.05.542, the commission may petition a court of competent

jurisdiction of any county in which a petition for review

could be filed under that section, for an order of enforcement. Proceedings in connection with the commission's

petition shall be in accordance with RCW 42.17.397. [1989

c 175 § 91; 1985 c 367 § 12; 1982 c 147 § 16; 1975-'76

2nd ex.s, c 112 § 12.]

-Reviser's note: RCW 42.17.390 was amended by 1993 c 2 § 28,

and subsection (1) (b), (c), (d), or (e) was changed to subsection (2), (3),

(4). or (5).

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

RCW 42.17.397 Procedure upon petition for

enforcement of order of commission-Court's order of

enforcement. The following procedure shall apply in all

cases where the commission has petitioned a court of

competent jurisdiction for enforcement of any order it has

issued pursuant to this chapter:

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

mail directed to the respondent at· his last known address.

The court shall issue an order directing the respondent to

appear at a time designated in the order, not less than five

days from the date thereof, and show cause why the

commission's order should not be enforced according to its

terms.

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

court if the respondent does not appear, or if the respondent

appears and the court finds, pursuant to a hearing held for

that purpose:

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

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

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

reason why the commission's order should not be enforced

or that the respondent had an appropriate remedy by review

under RCW 34.05.570(3) and failed to avail himself of that

remedy without valid excuse.

(3) Upon appropriate application by the respondent. the

court may, after hearing and for good cause, alter, amend.

revise. suspend, or postpone all or part of the commission's

order. In any case where the order is not enforced by the

court according to its terms, the reasons for the court's

actions shall be clearly stated in writing, and such action

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

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

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

(5) Notwithstanding RCW 34.05.578 through 34.05.590.

this section is the exclusive method for enforcing an order of

the commission. [1989 c 175 § 92; 1982 c 147 § 17; 1975-

'76 2nd ex.s. c 112 § 13.]

Effective date-1989c: 175: .SceJlOCe fonawing RCW.34.05.010.

[eb. 41.17-p. 30]
Disdosure-Campalp Flnances--.-Lobbylng-Records _ -_

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without reasonable cause. the court may order the person

commencing the action to pay all costs of trial and reasonable attorney's fees incurred by the defendant.

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

may award to the state all costs of investigation and trial.

including a reasonable attorney's fee to be fixed by the

court. If the violation is found to have been intentional. the

amount of the judgment, which shall for this purpose include

the costs. may be trebled as punitive damages. If damages

or trebled damages are awarded in such an action brought

against a lobbyist. the judgment may be awarded against the

lobbyist. and the lobbyist's employer or employers joined as

defendants. jointly. severally. or both. If the defendant

prevails. he shall be awarded all costs of trial. and may be

awarded a reasonable attorney's fee to be fixed by the court

. to be paid by the state of Washington. [1975 1st ex.s. c 294

§ 27; 1973 c 1 § 40 (Initiative Measure No. 276, approved

November 7. 1972).]

RCW 42.17.405 Suspension, reapplication of

reporting requirements in small political subdivisions.

(1) Except as provided in subsections (2) and (3) of this

section. the reporting provisions of this chapter do not apply

to candidates. elected officials, and agencies in political

subdivisions with less than one thousand registered voters as

of thedate of the most recent general election in the jurisdiction. to political committees formed to support or oppose

candidates or ballot propositions in such political subdivisions. or to persons making independent expenditures in

support of or opposition to such ballot propositions.

(2) The reporting provisions of this chapter apply in any

exempt political subdivision from which a "petition for

disclosure" containing the valid signatures of fifteen percent

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

recent general election in the political subdivision. is filed

with the commission. The commission shall by rule prescribe the form of the petition. After the signatures are

gathered. the petition shall be presented to the auditor or

elections officer of the county. or counties, in which the

political subdivision is located. The auditor or elections

officer shall verify the signatures and certify to the commission that the petition contains no less than the required

number of valid signatures. The commission. upon receipt

of a valid petition. shall order every known affected person

in the political subdivision to file the initially required

statement and reports within fourteen days of the date of the

order.

(3) The reporting provisions of this chapter apply in any

exempt political subdivision that by ordinance, resolution. or

other official action has petitioned the commission to make

. the provisions applicable to elected officials and candidates

of the exempt political subdivision. A copy of the action

shall besent to the commission. If the commission finds the

petition to be a valid action of the appropriate governing

body or authority. the commission shall order every known

affected person in the political subdivision to file the initially

required statement and reports within fourteen days of the

date of the order.

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

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

least four years after issuing the order. the commission is

(1994)

__42.17.400.

presented a petition or official action so requesting from the

affected political subdivision. Such petition or official action

shall meet the respective requirements of subsection (2) or

(3) of this section.

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

official action of an agency petitioning the commission to

void the exemption in RCW 42.17.030(3) shall not be

considered unless it has been filed with the commission:

(a) In the case of a ballot measure. at least sixty days

before the date of any election in which campaign finance

reporting is to be required;

(b) In the case of a candidate. at least sixty days before

the first day on which a person may file a declaration of

candidacy for any election in which campaign finance

reporting is to be required.

(6) Any person exempted from reporting under this

chapter may at his or her option file the statement and

reports. [1986 c 12 § 3; 1985 c 367 § 13; 1982 c 60 § 1.)

RCW 42.17.410 Limitation on actions. Any action

brought under the provisions of this chapter must be commenced within five years after the date when the violation

occurred. [1982 c 147 § 18; 1973 c 1 § 41 (Initiative

Measure No. 276. approved November 7. 1972).) -,'

RCW 42.17.420 Date of mailing deemed date of

receipt-Exception. When any application. report.· statement. notice. or payment required to be made under the

provisions of this chapter has been deposited posrpaid-in the

United States mail properly addressed. it shall be deemed-to

have been received on the date of mailing. It shatl;'be

presumed that the date shown by the post office cancellation

mark on the envelope is the date of mailing. The provisions

of this section do not apply to reports required to be.deliveredunderRCW42.17.105. [1983c 176§2; 1973c l'§42

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

RCW 42.17.430 Certification of reports. Every

report and statement required to be filed under this chapter

shall identify the person preparing it. and shall be certified

as complete and correct. both by the person preparing it and

by the person on whose behalf it is filed. [1973 c 1 § 43

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

RCW 42.17.440 Statements and reports public

records. All statements and reports filed under this chapter

shall be public records ofthe agency where they are filed.

and shall be available for public inspection and copying

during normal business hours at the expense of the person

requesting copies. provided that the charge for such copies

shall not exceed actual cost to the agency. [1973 c 1 § 44

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

RCW 42.17.450 Duty to preserve statements and

reports. Persons with whom statements or reports or copies

of statements or reports are required to be filed under this

chapter shall preserve them for not less than six years. The

commission. however. shall preserve such statements or

reports for not less than ten years. [1973 c 1 § 45 (Initiative

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

(eb. 41.17~. JI)
41.17.505 DIsdosure-CampaJp FlDances Lobbyiaa-Records --

CAMPAIGN CONTRIBUTION UMITATIONS

RCW 41.17.520 Pidnre of candIdate. At least one

picture of the candidate used in any political advertising

shall have been taken within the last five years and shallr\ no smaller than the largest picture of the same candida,,-----)

used in the same advertisement. (1984 c 216 § 2.]

RCW 41.17.540 Responsibility for compliance. (1)

EXCept as provided in subsection (2) of this section, the

responsibility for compliance with RCW 42.17.510 through

42.17.530 sball rest with the sponsor of the political advertising and not with the broadcasting station or other medium.

(2) If a broadcasting station or other medium changes

the content of a political advertisement, the station or

medium shall be responsible for any failure of the advertise!~

ment to comply with RCW 42.17.510 through 42.17.530 tru:1

results from that change. [1984 c 216 § 4.J ~,l

RCW 41.17.530 False political 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;

(b) Political advertising that falsely represents that a

candidate is the incumbent for theoffice sought when in fact

the candidate is not the incumbent;

(c) Political advertising that makes either directly or

indirectly, a false claim stating or implying the support or

endorsement of any person or organization when in fact the

candidate does not have such support or endorsement.

(2) Any violation of this section shall be proven by

clear and convincing evidence. [1988 c 199 § 2; 1984 c 216

§ 3.]

RCW 42.17.550 Independent expenditure disclosure. A person or entity other than a party organization

making an independent expenditure by mailing one thousand

or more identical or nearly identical cumulative pieces of

political advertising in a single calendar year shall, within

two working days after the date of the mailing. file a

statement disclosing the number of pieces in the mailing and

an example of the mailed political advertising with the

election officer of the county or residence for the candidate

supported or opposed by the independent campaign expenditure or. in the case of an expenditure made in support of or

in opposition to a ballot proposition. the county of residence

for the person making the expenditure. [1993 c 2 § 23

(Initiative Measure No. 134, approved November 3, 1992).]

RCW 41.17.610 Flndings. The people of the state of

Washington find and declare that:

(1) The financial strength of certain individuals or

organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates.

(2) Rapidly increasing political campaign costs have led

many candidates to raise, larger percentages of money fromr

special interests with a specific financial stake in matters )

before state government. This has caused the public>...·'

perception that decisions of elected officials are being

-_ _Jmproperly'_imlu~l!ced bLmOl!e.!arY.~ntri!>':l~~~'__ .

POLITICALADVERTISING

RCW 41.17.505 DeftnJtions. The definitions set forth

in this section apply throughout RCW 42.17.510 through

42.]7.540.

(I) "Actual malice" means to act with knowledge of

falsity or with reckless disregard as to truth or falsity.

(2) "Sponsor" means the candidate. political committee.

or person paying for the advertisement. If a person acts as

an agent for another or is reimbursed by another for the

payment. the original source of the payment is the sponsor.

(3) "Incumbent" means a person who is in present

possession of.an elected office. [1988 c 199 § 1.]

RCW 42.17.510 Identification of sponsorExemptions. (1) All written political advertising. whether

relating to candidates or ballot propositions. shaIl include the

sponsor's name and address. All radio and television

political advertising. whether relating to candidates or ballot

propositions, shall include the sponsor's name. The use of

an assumed name shall be unlawful. The party with which

a candidate files shall be clearly identified in political

advertising for partisan office.

(2) In addition to the materials required by subsection

(I) 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 "NOTICE TO VOTERS (Required by

law): This advertisement is not authorized or approved by

any candidate. It is paid for by (name. address, city, state)."

If the advertisement is undertaken by a nonindividual, then

the following notation must also be included: "Top Five

Contributors;" followed by a listing of the names of the five

persons or entities making the largest contributions reportable under this chapter during the twelve-month period -

before the date of the advertisement.

(3) The statements and listings of contributors required

by subsections (1) and (2) of this section shall:

(a) Appear on each 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 in a printed or drawn box set apart from any

other printed matter; and

(d) Be clearly spoken on any broadcast advertisement.

(4) Political yard signs are exempt from the requirement

of subsections (I) and (2) of this section that the name and

address of the sponsor of political advertising be listed on

the advertising. In addition, the public disclosure commission shall. by rule, exempt from the identification requirements of subsections (1) and (2) of this section forms of

political advertising such as campaign buttons, balloons,

pens, pencils. sky-writing, inscriptions, and other forms of

advertising where identification is impractical.

(5) For the purposes of this section, "yard sign" means

any outdoor sign with dimensions no greater than eight feet

by four feet. [1993 c 2 § 22 (Initiative Measure No. 134.

approved November 3, 1992); 1984 c 216 § 1.]

Advertising rates for political candidm~s: RCW 65./6.095.

leh. 41.17-p. 31) (1994)
Dlsdosure-Campalan FlDan~Lo.bbylng-R~rds

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(3) Candidates are raising less money in small contributions from individuals and more money from special interests. This has created the public perception that individuals

have an insignificant role to play in the political process.

[1993 c 2 § I (Initiative Measure No. 134. approved November 3. 1992).]

RCW 42.17.620 Intent. By limiting campaign

contributions. the people intend to:

(I) Ensure that individuals and interest groups have fair

and equal opportunity to influence elective and governmental

processes;

(2) Reduce the influence of large organizational contributors; and

(3) Restore public trust in governmental institutions and

.'the electoral process, [1993 C2 § 2 (Initiative Measure No.

134. approved November 3, 1992).]

RCW 42.17.630 Dermitions. The definitions of RCW

42.17.020 apply to RCW 42.17.640 through 42.17.790

except as modified by this section. Unless the context

clearly requires otherwise. the definitions in this section

apply throughout RCW 42.17.640 through 42.17.790.

(1) "Authorized committee" means the political committee authorized by a candidate, or by the state official against

whom recal1 charges have been filed, to accept contributions

or make expenditures on behalf of the candidate or state

official.

(2) "Bona fide political party" means:

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

nomination with the secretary of state under chapter 29.24

RCW; or

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

major political party. as defined in RCW 29.01.090, which

is the body authorized by the charter or bylaws of the party

to exercise authority on behalf of the state party; or

(c) The county central committee or legislative district

committee of a major political party. .

(3) "Candidate" means an individual seeking nomination

for election or seeking election to a state office. An individual is deemed to be seeking nomination for election or

seeking election when the individual first:

(a) Announces publicly or files for the office;

. (b) Purchases commercial advertising space or broadcast

time to promote his or her candidacy;

(c) Receives contributions or makes expenditures for

facilities with intent to promote his or her candidacy for the

office; or

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

behalf of the individual any of the actions in (b) or (c) of

this subsection.

(4) "Caucus of the state legislature" means the caucus

of members of a major political party in the state house of

representatives or in the state senate.

(5)(a) "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.

(b) Subject to further definition by the commission,

"contribution" does not include the following:

(1994)

____ A~17~IO

(i) Interest on money deposited in a political

committee's account;

(ii) Ordinary home hospitality;

(iii) A contribution received by a candidate or political

committee that is returned to the contributor within five

business days of the date on which it is received by the

candidate or political committee; .

(iv) An' expenditure or contribution earmarked for voter

registration, for absentee ballot information. for precinct

caucuses. for get-out-the-vote campaigns. for precinct judges

o~ inspectors. for sample ballots, or for ballot counting. al1

Without promotion of or political advertising for individual

candidates;

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

regularly scheduled news medium that is of primary interest

to the general public, that is in a news medium controlled by

a person whose primary business is that news medium. and

that is not controlled by a candidate or political committee;

(vi) An expenditure by a political committee for its own

internal organization or fund raising without direct association with individual candidates;

(vii) An internal political communication primarily

limited to the contributors to a political party organization or

political action committee, or the officers. management staff.

and stockholders of a corporation or similar enterprise. or the

members of a labor organization or other membership

organization; "

(viii) The rendering of personal services of the;;soTt

commonly performed by volunteer campaign workers, or

incidental expenses personally incurred by volunteercampaign workers not in excess of fifty dollars personally ipaid

for by the worker. "Volunteer services," for the purposes-of

this section, means services or labor for which the individual

is not compensated by any person and that are performed

outside the individual's normal working hours; or'

(ix) Legal or accounting services rendered to or, on

behalf of;

(A) A political party or caucus of the state legislature if

the person paying for the services is the regular employer of

the person rendering such services; or I",

(B) A candidate or an authorized committee if the

person paying for the services is the regular employer of the

individual rendering the services and if the services are

solely for the purpose of ensuring compliance with state

election or public disclosure laws.

. (c) Contributions other than money or its equivalent are

deemed to have a monetary value equivalent to the fair

market value of the contribution.

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

dinners and parties are contributions, except for the actual

cost of the consumables furnished at the event.

. (e) An expenditure made by a person in cooperation,

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

of,~ candidate, a political committee, or their agents, is

consld~ to be a contribution to such candidate or political

committee.

(f) The financing by a person of the dissemination.

distribution. or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising

prepared by a candidate, a political committee, or its

authorized agent, is considered to be a contribution to the

candidate or political committee.

leb. 42.17~ 33]

"
42.17.630 "Dlsdosure-CampaJgn Flnances-Lobbyloa-Records - ------

(6) "Election" means a primary or a general or special

election in which a candidate is on the ballot.

(7) "Election cycle" means the period beginning on the

first day of December after the date of the last previous

general election for the office that the candidate seeks and

ending on November 30th after the next election for the

office. In the case of a special election to fill a vacancy in

an office. "election cycle" means the period beginning on the

day the vacancy occurs and ending on November 30th after

the special election.

(8) "General election" means the election that results in

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

a primary.

(9) "Immediate family" means a candidates's spouse.

and any child. stepchild, grandchild, parent, stepparent.

grandparent, brother, half brother, sister, or half sister of the

candidate and the spouse of any such person and any child,

stepchild, grandchild, parent, stepparent, grandparent.

brother, half brother. sister, or half sister of the candidate's

spouse and the spouse of any such person.

(10) "Independent expenditure" means an "expenditure"

as defined in RCW 42.17.020 that has each of the following

elements:

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

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

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

for that office, (iii) a person who has received the

candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for any

political advertising supporting that candidate or promoting

the defeat of any other candidate or candidates for that

office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the

expenditure pays in whole or in part for any 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 any

political advertising that either specifically names the

candidate supported or opposed, or clearly and beyond any

doubt identifies the candidate without using the candidate's

name; and

(c) The expenditure. alone or in conjunction with

another expenditure or other expenditures of the same person

in support of or opposition to that candidate. has a value of

five hundred dollars or more. A series of expenditures. each

of which is under five hundred dollars. constitutes one

independent expenditure if their cumulative value is five

hundred dollars or more.

(l1)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another

person unless the contribution is from the individual's

employer. immediate family, or an association to which the

individual belongs.

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

purpose of the committee that the treasurer or candidate

serves.

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

the fund raiser is compensated for fund-raising services at

the usual and customary rate.

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

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

event.

leb. 42.17-p. 341

(12) "Person" includes:

(a) An individual;

(b) ~~hip. limited partnership, public or privar"-'\

corporauon, or JOlDt venture; ,

(c) A nonprofit corporation, organization. or association. /

including but not limited to. a national. state. or local labor

union or collective bargaining organization and a national.

state, or local trade or professional association;

(d) A federal. state, or local governmental entity or

agency. however constituted;

(e) A candidate, committee. political committee. bona

fide political party, or executive committee thereof: and

(f) Any other organization or group of persons. however

organized.

(13) "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 which uses. in large

measure. the procedures established in chapter 29.18 or

29.21 RCW.

(14) "Recall campaign" means the period of time

beginning on the date of the filing of recall charges under

RCW 29.82.0 I5 and ending thirty days after the recall

election.

(15) "State legislative office" means the office of a

member of the state house of representatives and the office

of a member of the state senate.

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

office of governor, lieutenant governor. secretary of state.

attorney general, commissioner of public lands, insurance

commissioner. superintendent of public instruction. state

auditor. or state treasurer. . ['\

(17) "State official"means a person who holds a stat. /

office. (1993 c 2 § 3 (Initiative Measure No. 134, approved..· ....

November 3. 1992).]

RCW 42.17.640 Limits specified. (I) No person,

other than a bona fide political party or a caucus of the state

legislature. may make contributions to a candidate for a state

legislative office that in the aggregate exceed five hundred

dollars or to a candidate for a state office other than a state

legislative office that in the aggregate exceed one thousand

dollars for each election in which the candidate is on the'

ballot or appears as a write-in candidate. Contributions

made with respect to a primary may not be made after the

date of the primary. Contributions made with respect to a

general election may not be made after the final day of the

applicable election cycle.

(2) No person. other than a bona fide political party or

a caucus of. the state legislature, may make contributions to

a state official against whom recall charges have been filed.

or to a political committee having the expectation of making

expenditures in support of the recall of the state official.

during a recall campaign that in the aggregate exceed five

hundred dollars if for a state legislative office or one

thousand dollars if for a state office other than a state

legislative office.

(3)(a) NotWithstanding subsection (1) of this section. no

bona fide political party or caucus of the state legislature.c.,

may make centributions to a candidate during an electio( )

cycle that in the aggregate exceed (i) fifty cents multipliec "

by the number of eligible registered voters in the jurisdiction
[Ch. 42.17--p. 35]

Dlsdosure-Campaign.Flnances--.-Lobbying-Records.

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from which the candidate is elected if the contributor is a

caucus of the state legislature or the governing body of a

state organization, or (ii) twenty-five cents multiplied by the

number of registered voters in the jurisdiction from which

the candidate is elected if the contributor is a county central

committee or a legislative district committee.

(b) No candidate may accept contributions from a

county central committee or a legislative district committee

during an election cycle that when combined with contributions from other county central committees or legislative

district committees would in the aggregate exceed twentyfive cents times the number of registered voters in the

jurisdiction from which the candidate is elected.

(4)(a) Notwithstanding subsection (2) of this section, no

bona fide political party or caucus of the state legislature

may make contributions to a state official against whom

recall charges have been filed, or to a political committee

having the expectation of making expenditures in support of

the state official. during a recall campaign that in the

aggregate exceed (i) fifty cents multiplied by the number of

eligible registered voters in the jurisdiction entitled to recall

the state official if the contributor is a caucus of the state

legislature of [or] the governing body of a state organization.

or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is

elected if the contributor is a county central committee or a

legislative district committee.

(b) No state official against whom recall charges have

been filed, no authorized committee of the official. and no

political committee having the expectation of making

expenditures in support of the recall of a state official may

accept contributions from a county central committee or a

legislative district committee during an election cycle that

when combined with contributions from other county central

committees or legislative district committees would in the

aggregate exceed twenty-five cents multiplied by the number

of registered voters in the jurisdiction from which the

candidate is elected.

(5) Notwithstanding subsections (1) through (4) of this

section. no person other than an individual, bona fide

political party. or caucus of the state legislature may make

contributions reportable under this chapter to a caucus of the

state legislature that in the aggregate exceed five hundred

dollars in a calendar year or to a bona fide political party

that in the aggregate exceed two thousand five hundred

dollars in a calendar year. This subsection does not apply to

loans made in the ordinary course of business.

(6) For the purposes of RCW 42.17.640 through

42.17.790, a contribution to the authorized political committee of a candidate. or of a state official against whom recall

charges have been filed. is considered to be a contribution to

the candidate or state official.

(7) A contribution received within the twelve-month

period after a recall election concerning a state office is

considered to be a contribution during that recall campaign

if the contribution is used to pay a debt or obligation

incurred to influence the outcome of that recall campaign.

(8) The contributions allowed by subsection (2) of this

section are in addition to those allowed by subsection (1) of

this section. and the contributions allowed by subsection (4)

of this section are in addition to those allowed by subsection

(3) of this section.

(1994)

41.17.640

(9) RCW 42.17.640 through 42.17.790 apply to a

special election conducted to fill a vacancy in a state office.

However. the contributions made to a candidate or received

by a candidate for a primary or special election conducted to

fill such a vacancy shall not be counted toward any of the

limitations that apply to the candidate or to contributions

made to the candidate for any other primary or election.

(10) Notwithstanding the other subsections of this

section, no corporation or business entity not doing business

in Washington state. no labor union with fewer than ten

members who reside in Washington state. and no political

committee that has not received contributions of ten dollars

or more from at least ten persons registered to vote in

Washington state during the preceding one hundred eighty

days may make contributions reportable under this chapter

to a candidate. to a state official against whom recall charges

have been filed. or to a political committee having the

expectation of making expenditures in support of the recall

of the official. This subsection does not apply to loans made

in the ordinary course of business.

(11) Notwithstanding the other subsections of this

section. no county central committee or legislative district

committee may make contributions reportable under this

chapter to a candidate. state official against whom recall

charges have been filed. or political committee having the

expectation of making expenditures in support of the recall

of a state official if the county central committee or legislative district committee is 'outside of the jurisdiction entitled

to elect the candidate or recall the state official. \

(12) No person may accept contributions that exeee:d·the

contribution limitations provided in this section. [1993:c 2

§ 4 (Initiative Measure No. 134. approved Novem~:{ 3.

1992).] .

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 u~~der

eighteen years of age are considered contributions by..their

parents and are attributed proportionately to each pat-ent.

Fifty percent of the contributions are attributed to each

parent or. in the case of a single custodial parent. the total

amount is attributed to the parent. [1993 c 2 § 5 (Initiative

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

RCW 42.17.660 Attribution of contributions by

controUed entities. For purposes of this chapter:

(I) A contribution by a political committee with funds

that have al1 been contributed by one person who exercises

exclusive control over the distribution of the funds of the

political committee is a contribution by the controlling

person.

(2) Two or more entities are treated as a single entity if

one of the two or more entities is a subsidiary. branch. or

department of a corporation or a local unit. branch. or

affiliate of a trade association. labor union. or collective

bargaining association. All contributions made by a person

or political committee whose contribution or expenditure

activity is financed. maintained. or controlled by a trade

association. labor union. collective bargaining organization.

or the local unit of a trade association. labor union. or
collective bargaining organization are considered made by

the same person or entity. [1993 c 2 § 6 (Initiative Measure

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

RCW 42.17.670 Attribution of contributions

generally-"Earmarking." All contributions made by a

person or entity. either directly or indirectly. to a candidate.

to a state official against whom recall charges have been

filed. or to a political committee. are considered to be

contributions from that person or entity to the candidate.

state official. or political committee, as are contributions that

are in any way earmarked or otherwise directed through an

intermediary or conduit to the candidate. state official. or

political committee. For the purposes of this section.

"earmarked" means a designation. instruction, or encumbrance. whether direct or indirect, expressed or implied. or

oral or written, that is intended to result in or does result in

all or any part of a contribution being made to a certain

candidate or state official. If a conduit or intermediary

exercises any direction or control over the choice of the

recipient candidate or state official, the contribution is

considered to be by both the original contributor and the

conduit or intermediary. [1993 c 2 § 7 (Initiative Measure

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

42.17.660 Dlsdosure Campaign Flnances-Lobbyin~Records.._.__ . .__.

RCW 42.17.690 Changing monetary Umlts. At the

beginning of each even-numbered calendar year. the commission shall increase or decrease all dollar amounts in th~

chapter based on changes in economic conditions as reflec~

in the inflationary index used by the commission undeiJ

RCW 42.17.370. The new dollar amounts established by the

commission under this section shall be rounded off by the

commission to amounts as judged most convenient for public

understanding and so as to be within ten percent of the target

amount equal to the base amount provided in this chapter

multiplied by the increase in the inflationary index since

December 3. 1992. [1993 c 2 § 9 (Initiative Measure No.

134. approved November 3. 1992).]

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. Monetary contributions that

exceed the contribution limitations and that have not been

'spent by the recipient of the contribution by December 3.

1992, must be disposed of in accordance with RCW

42.17.095. [1993 c 2 § 10 (Initiative Measure No. 134,

approved November 3, 1992).]

RCW 42.17.680 Limitations on employers or labor

organizations. (1) No employer or labor organization may

increase the salary of an officer or employee, or give an

emolument to an officer. employee. or other person or entity,

with the intention that the increase in salary, or the emolument. or a part of it. be contributed or spent to support or

oppose a candidate, state official against whom recall

charges have been filed. political party, or political committee.

(2) No employer or labor organization may discriminate

against an officer or employee in the terms or conditions of

employment for (a) the failure to contribute to, (b) the

failure in any way to support or oppose, or (c) in any way

supporting or opposing a candidate. ballot proposition.

political party. or political committee.

(3) No employer or other person or entity responsible

for the disbursement of funds in payment of wages or

salaries may withhold or divert a portion of an employee's

wages or salaries for contributions to political committees or

for use as political contributions except upon the written

request of the employee. The request must be made on a

form prescribed by the commission informing the employee

of the prohibition against employer and labor organization

discrimination described in subsection (2) of this section.

The request is valid for no more than twelve months from

the date it is made by the employee.

(4) Each person or entity who withholds contributions

under subsection (3) of this section shall maintain open for

public inspection for a period of no less than three years.

during normal business hours. documents and books of

accounts that shall include a copy of each employee's

.request. the amounts and dates funds were actually withheld.

and the amounts and dates funds were transferred to a

political committee. Copies of such information shall be

delivered to the commission upon request. [1993 c 2 § 8

(Initiative Measure No. 134. approved November 3. 1992).]

[Cb. 41.17-p. 36)

RCW 42.17.710 Time limit for state official to

solidt or accept contributions. During the period beginning on the thirtieth day before the date a regular legislative

session convenes and continuing thirty days past thedate of

final adjournment, and during the period beginning on the

date a special legislative session convenes and continuing

through the date that session adjourns, no state official or r~

person employed by or acting on behalf of a state official 0\ /

state legislator may solicit or accept contributions to a public ..,./

office fund, to a candidate or authorized committee. or to

retire a campaign debt. [1993 c 2 § 11 (Initiative Measure

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

RCW 42.17.720 Restriction on loans. (1) A loan is

considered to be a contribution from the maker and' the

guarantor of the loan and is subject to the contribution

limitations of this chapter. ..:.

(2) A loan to a candidate or the candidate committee

must be by written agreement.

(3) The proceeds of a loan made to a candidate:

(a) By a commercial lending institution;

(b) Made in the regular course of business;

(c) On the same terms ordinarily available to members

of the public; and

(d) That is secured or guaranteed,

are not subject to the contribution limits of this chapter.

[1993 c 2 § 12 (Initiative Measure No. 134, approved

November 3, 1992).J

RCW 42.17.730 Contributions on behalf or 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"J-'

intermediary or agent of another person or entity. withouL

disclosing to the recipient of the contribution both his or her

full name, street address, occupation. name of employer, if

(1994)
Disdosure-Campaigo Finances-Lobbytng-Records

•

."

•

any, or place of business if self-employed, and the same

information for each contributor for whom the individual

serves as intermediary or agent. [1993 c 2 § 13 (Initiative

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

RCW 42.17.740 Certain contributions required to

be by written Instrument, (1) An individual may not make

a contribution of more than fifty dollars. other than an inkind contribution, except by a written instrument containing

the name of the donor and the name of the payee.

(2) A committee may not make a contribution. other

than in-kind. except by a written instrument containing the

name of the donor and the name of the payee. [1993 c 2 §

14 (Initiative Measure No. 134, approved November 3,

1992).J

RCW 42.17.750 Solicitation of contributions by

government employees. (1) No state official or state

official's agent may knowingly solicit, directly or indirectly.

a contribution from an employee in the state official's

agency.

(2) No state official or state employee may provide an

advantage or disadvantage to an employee or applicant for

employment in the classified civil service concerning the

applicant's or employee's:

(a) Employment;

(b) Conditions of employment; or

(c) Application for employment,

based on the employee's or applicant's contribution or

promise to contribute or failure to make a contribution or

contribute to a political party or committee. (1993 c 2 § 15

(Initiative Measure No. 134, approved November 3, 1992).J

RCW 42.17.760 Agency shop fees as contributions.

A labor organization may not use agency shop fees paid by

an individual who is not a member of the organization to

make contributions or expenditures to influence an election

or to operate a political committee, unless affirmatively

authorized by the individual. [1993 c 2 § 16 (Initiative

Measure No. 134. approved November 3. 1992).J

RCW 42.17.770 Solicitation for endorsement fees.

A person or entity may not solicit from a candidate. committee, political party, or other person or entity money or other

property as a condition or consideration for an endorsement,

article, or other communication in the news media promoting

or opposing a candidate, committee, or political party. [1993

c 2 § 17 (Initiative Measure No. 134, approved November 3,

1992).]

RCW 42.17.780 Reimbursement for contributions.

A person or entity may not, directly or indirectly, reimburse

another person or entity for a contribution to a candidate,

committee. or political party. [1993 c 2 § 18 (Initiative

Measure No. 134. approved November 3. 1992).J

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 committee may not use or

permit the use of contributions solicited for or received by

(1994)

the candidate 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 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 is a nominee or

is unopposed.

(2) With the written approval of the contributor, a

candidate committee may use or permit the use of contributions solicited for or received by the candidate committee

from that contributor to further the candidacy of the individual for an office other than the office designated on the

statement of organization. [1993 c 2 § 19 (Initiative

Measure No. 134, approved November 3. 1992).J

TECHNICAL PROVISIONS

RCW 42.17.900 Effective date-1973 c 1. The

effective date of this act shall be January 1. 1973. [1973 c

1 § 49 (Initiative Measure No. 276. approved November 7.

1972).J

RCW 42.17.910 Severability-1973 c 1. If any

provision of this act or its application to any person or

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

application of the provision to other persons or circumstances is not affected. [1973 c 1 § 46 (Initiative Measure. No.

276, approved November 7, 1972).J'·

RCW 42.17.911 SeverabUity-1975 lst ex.s. c~~94.

If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid" the

remainder of the act, or the application of the provision to

other persons or circumstances is not affected. [1975 1st

ex.s, c 294 § 29.J

.,.. ;t

RCW 42.17.912 Severability-197S.'76 2nd ex:s. c

112. If any provision of this 1976 amendatory act. or its

application to any person or circumstance is held invalid. the

remainder of the act, or the application of the provision to

other persons or circumstances is not affected. [1975-'76

2nd ex.s. c 112 § 16.]

RCW 42.17.920 Construction-1973 c 1. The

provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of

conflict between the provisions of this act and any other act,

the provisions of this act shall govern. [1973 c I § 47

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

RCW 42.17.930 Chapter, section headings not part

of law. Chapter and section captions or headings as used in

this act do not constitute any pan of the law. [1973 c 1 §

48 (Initiative Measure No. 276, approved November 7.

1972).]

RCW 42.17.940 Repealer-1973 c 1. Chapter 9,

Laws of 1965, as amended by section 9, chapter 150, Laws

of 1965 ex. sess., and RCW 29 .18.i40; and chapter 131,

[elL 41.17-p. 37]
4%.17.940 DIsclosure Campaign Fbumc:es-Lobbylng-Records e.

Laws of 1967 ex. sess. and RCW 44.64 [chapter 44.64

RCW]; and chapter 82. Laws of 1972 (42nd Leg. 2nd Ex.

Sess.) and Referendum Bill No. 24; and chapter 98. Laws of

1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 25

are each hereby repealed. [1973 c 1 § 50 (Initiative Measure

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

RCW 42.17.945 Construction-1975· t76 2nd ex.s.

c 112. The provisions of this 1976 amendatory act are.

intended to be remedial and shall be liberally construed. and

nothing in this 1976 amendatory act shall be construed to

limit the power of the commission under any other provision

of chapter' 42. 17 RCW. [1975·'76 2nd ex.s. c 112 § 15.]

RCW 4%.17.950 Captions. Section captions and part

headings used in this act do not constitute any part of the

law. [1993 c 2 § 34 (Initiative Measure No. 134. approved

November 3. 1992).]

RCW 42.17.955 Short title-I993 c 2. This act may

be known and cited as the Fair Campaign Practices Act.

[1993 c 2 § 36 (Initiative Measure No. 134. approved

November 3. 1992).]

leb. 42.17-p. 38]

c

o

(1994)