RCW 42.17A.555
Use of public office or agency facilities in campaigns
—
Prohibition
—
Exceptions.
(Effective until January 1, 2026. Recodified as RCW 29B.45.010
.)
No elective official nor any employee of his or her 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 a 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. However, this does not apply to the following activities:
(1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;
(2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry;
(3) Activities which are part of the normal and regular conduct of the office or agency.
(4) This section does not apply to any person who is a state officer or state employee as defined in RCW 42.52.010
.
[
2010 c 204 s 701
;
2006 c 215 s 2
;
1979 ex.s. c 265 s 2
; 1975-'76 2nd ex.s. c 112 s 6;
1973 c 1 s 13
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.130
.]
NOTES:
Finding
—
Intent
—
2006 c 215:
"(1) The legislature finds that the public benefits from an open and inclusive discussion of proposed ballot measures by local elected leaders, and that for twenty-five years these discussions have included the opportunity for elected boards, councils, and commissions of special purpose districts to vote in open public meetings in order to express their support of, or opposition to, ballot propositions affecting their jurisdictions.
(2) The legislature intends to affirm and clarify the state's long-standing policy of promoting informed public discussion and understanding of ballot propositions by allowing elected boards, councils, and commissions of special purpose districts to adopt resolutions supporting or opposing ballot propositions." [
2006 c 215 s 1
.]
Disposition of violations before January 1, 1995:
"Any violations occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not 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 s 226
.]
*Reviser's note:
RCW 42.17.130
was recodified as RCW 42.17A.555
pursuant to 2010 c 204 s 1102, effective January 1, 2012.
RCW 42.17A.560
Time limit for state official to solicit or accept contributions.
(Effective until January 1, 2026. Recodified as RCW 29B.45.020
.)
(1) During the period beginning on the thirtieth day before the date a regular legislative session convenes and continuing through the date 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 a person employed by or acting on behalf of a state official or state legislator may solicit or accept contributions to a public office fund, to a candidate or authorized committee, or to retire a campaign debt. Contributions received through the mail after the thirtieth day before a regular legislative session may be accepted if the contribution is postmarked prior to the thirtieth day before the session.
(2) This section does not apply to activities authorized in RCW 43.07.370
.
[
2006 c 348 s 5
;
2006 c 344 s 31
;
2003 c 164 s 3
;
1993 c 2 s 11
(Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.710
.]
NOTES:
Reviser's note:
This section was amended by 2006 c 344 s 31 and by 2006 c 348 s 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2006 c 344 ss 1-16 and 18-40:
See note following RCW 29A.04.311
.
RCW 42.17A.565
Solicitation of contributions by public officials or employees.
(Effective until January 1, 2026. Recodified as RCW 29B.45.030
.)
(1) No state or local official or state or local official's agent may knowingly solicit, directly or indirectly, a contribution to a candidate for public office, political party, or political committee from an employee in the state or local official's agency.
(2) No state or local official or public employee may provide an advantage or disadvantage to an employee or applicant for employment in the classified civil service concerning the applicant's or employee's:
(a) Employment;
(b) Conditions of employment; or
(c) Application for employment,
based on the employee's or applicant's contribution or promise to contribute or failure to make a contribution or contribute to a political party or political committee.
[
1995 c 397 s 24
;
1993 c 2 s 15
(Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.750
.]
RCW 42.17A.570
Public accounts of governmental entities held by financial institutions
—
Statements and reports
—
Contents
—
Filing.
(Effective until January 1, 2026. Recodified as RCW 29B.45.040
.)
After January 1st and before April 15th of each calendar year, the state treasurer, each county, public utility district, and port district treasurer, and each treasurer of an incorporated city or town whose population exceeds one thousand shall file with the commission:
(1) A statement under oath that no public funds under that treasurer's control were invested in any institution where the treasurer or, in the case of a county, a member of the county finance committee, held during the reporting period an office, directorship, partnership interest, or ownership interest; or
(2) A report disclosing for the previous calendar year: (a) The name and address of each financial institution in which the treasurer or, in the case of a county, a member of the county finance committee, held during the reporting period an office, directorship, partnership interest, or ownership interest which holds or has held during the reporting period public accounts of the governmental entity for which the treasurer is responsible; (b) the aggregate sum of time and demand deposits held in each such financial institution on December 31; and (c) the highest balance held at any time during such reporting period. The state treasurer shall disclose the highest balance information only upon a public records request under chapter
42.56
RCW. The statement or report required by this section shall be filed either with the statement required under RCW 42.17A.700
or separately.
[
2010 c 204 s 702
;
2005 c 274 s 282
;
1983 c 213 s 1
;
1981 c 102 s 1
; 1975-'76 2nd ex.s. c 112 s 10. Formerly RCW 42.17.245
.]
RCW 42.17A.575
Public service announcements.
(Effective until January 1, 2026. Recodified as RCW 29B.45.050
.)
No state elected official or municipal officer may speak or appear in a public service announcement that is broadcast, shown, or distributed in any form whatsoever during the period beginning January 1st and continuing through the general election if that official or officer is a candidate. If the official or officer does not control the broadcast, showing, or distribution of a public service announcement in which he or she speaks or appears, then the official or officer shall contractually limit the use of the public service announcement to be consistent with this section prior to participating in the public service announcement. This section does not apply to public service announcements that are part of the regular duties of the office that only mention or visually display the office or office seal or logo and do not mention or visually display the name of the official or officer in the announcement.
[
2010 c 204 s 703
.]
RCW 42.17A.600
Registration of lobbyists.
(Effective until January 1, 2026. Recodified as RCW 29B.50.010
.)
(1) Before lobbying, or within thirty days after being employed as a lobbyist, whichever occurs first, unless exempt under RCW 42.17A.610, a lobbyist shall register by filing with the commission a lobbyist registration statement, in such detail as the commission shall prescribe, that includes the following information:
(a) The lobbyist's name, permanent business address, electronic contact information, and any temporary residential and business addresses in Thurston county during the legislative session;
(b) The name, address and occupation or business of the lobbyist's employer;
(c) The duration of the lobbyist's employment;
(d) The compensation to be received for lobbying, the amount to be paid for expenses, and what expenses are to be reimbursed;
(e) Whether the lobbyist is employed solely as a lobbyist or whether the lobbyist is a regular employee performing services for the lobbyist's employer which include but are not limited to the influencing of legislation;
(f) The general subject or subjects to be lobbied;
(g) A written authorization from each of the lobbyist's employers confirming such employment;
(h) The name, address, and electronic contact information 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;
(j) An attestation that the lobbyist has read and completed a training course provided under RCW 44.04.390
regarding the legislative code of conduct and any policies related to appropriate conduct adopted by the senate or the house of representatives.
(2) Any lobbyist who receives or is to receive compensation from more than one person for lobbying shall file a separate notice of representation for each person. However, if two or more persons are jointly paying or contributing to the payment of the lobbyist, the lobbyist may file a single statement detailing the name, business address, and occupation of each person paying or contributing and the respective amounts to be paid or contributed.
(3) Whenever a change, modification, or termination of the lobbyist's employment occurs, the lobbyist shall file with the commission an amended registration statement within one week of the change, modification, or termination.
(4) Each registered lobbyist shall file a new registration statement, revised as appropriate, on the second Monday in January of each odd-numbered year. Failure to do so terminates the lobbyist's registration.
[
2019 c 469 s 2
;
2019 c 428 s 29
;
2010 c 204 s 801
;
1987 c 201 s 1
;
1982 c 147 s 10
;
1973 c 1 s 15
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.150
.]
NOTES:
Reviser's note:
*(1) The dollar amounts in this section may have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17A.125
. For current dollar amounts, see WAC 390-20-150.
(2) This section was amended by 2019 c 428 s 29 and by 2019 c 469 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2019 c 469 ss 2 and 3:
"Sections 2 and 3 of this act take effect December 31, 2019." [
2019 c 469 s 5
.]
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
RCW 42.17A.603
Code of conduct
—
Verification
—
Penalty.
(Effective until January 1, 2026. Recodified as RCW 29B.50.020
.)
(1) A lobbyist who is registered under RCW 42.17A.600
before December 31, 2019, is required to update the lobbyist's registration materials to include the attestation required by RCW 42.17A.600
(1)(j) by December 31, 2019.
(2) The commission shall revoke the registration of any lobbyist registered under RCW 42.17A.600
who does not comply with subsection (1) of this section.
(3) The commission may not impose any other penalty on a lobbyist registered under RCW 42.17A.600
for failure to comply with subsection (1) of this section.
(4) The commission shall collaborate with the chief clerk of the house of representatives and the secretary of the senate to develop a process to verify that lobbyists who submit an attestation under RCW 42.17A.600
(1)(j) have completed the training course provided under RCW 44.04.390
.
[
2019 c 469 s 4
.]
RCW 42.17A.605
Photograph and information
—
Publication.
(Effective until January 1, 2026. Recodified as RCW 29B.50.030
.)
Each lobbyist shall at the time the lobbyist registers submit electronically to the commission a recent photograph of the lobbyist of a size and format as determined by rule of the commission, together with the name of the lobbyist's employer, the length of the lobbyist's employment as a lobbyist before the legislature, a brief biographical description, and any other information the lobbyist may wish to submit not to exceed fifty words in length. The photograph, information, and attestation submitted under RCW 42.17A.600
(1)(j) shall be published by the commission on its website.
[
2019 c 469 s 3
;
2019 c 428 s 30
;
2010 c 204 s 802
;
1995 c 397 s 6
;
1985 c 367 s 8
;
1982 c 147 s 11
;
1975 1st ex.s. c 294 s 21
. Formerly RCW 42.17.155
.]
NOTES:
Reviser's note:
This section was amended by 2019 c 428 s 30 and by 2019 c 469 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2019 c 469 ss 2 and 3:
See note following RCW 42.17A.600
.
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
RCW 42.17A.610
Exemption from registration and reporting.
(Effective until January 1, 2026. Recodified as RCW 29B.50.040
.)
The following persons and activities are exempt from registration and reporting under RCW 42.17A.600, 42.17A.615, and
42.17A.640
:
(1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or public hearings of state agencies;
(2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW 34.05.310
(2);
(3) News or feature reporting activities and editorial comment by working members of the press, radio, digital media, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, digital platform, or television station;
(4) Persons who lobby without compensation or other consideration for acting as a lobbyist, if the person makes no expenditure for or on behalf of any member of the legislature or elected official or public officer or employee of the state of Washington in connection with such lobbying. The exemption contained in this subsection is intended to permit and encourage citizens of this state to lobby any legislator, public official, or state agency without incurring any registration or reporting obligation provided they do not exceed the limits stated above. Any person exempt under this subsection (4) may at the person's option register and report under this chapter;
(5) Persons who restrict their lobbying activities to no more than four days or parts of four days during any three-month period and whose total expenditures during such three-month period for or on behalf of any one 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. The commission shall adopt rules to require disclosure by persons exempt under this subsection or their employers or entities which sponsor or coordinate the lobbying activities of such persons if it determines that such regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this subsection (5) may at the person's option register and report under this chapter;
(6) The governor;
(7) The lieutenant governor;
(8) Except as provided by RCW 42.17A.635
(1), members of the legislature;
(9) Except as provided by RCW 42.17A.635
(1), persons employed by the legislature for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties;
(10) Elected officials, and officers and employees of any agency reporting under RCW 42.17A.635
(5).
[
2019 c 428 s 31
;
2010 c 204 s 803
;
1998 c 55 s 3
;
1995 c 397 s 32
;
1982 c 147 s 12
;
1977 ex.s. c 313 s 4
;
1975 1st ex.s. c 294 s 9
;
1973 c 1 s 16
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.160
.]
NOTES:
*Reviser's note:
The dollar amounts in this section may have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17A.125
. For current dollar amounts, see WAC 390-20-150.
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
Effective date
—
Severability
—
1977 ex.s. c 313:
See notes following RCW 42.17A.005
.
RCW 42.17A.615
Reporting by lobbyists
—
Rules.
(Effective until January 1, 2026. Recodified as RCW 29B.50.050
.)
(1) Any lobbyist registered under RCW 42.17A.600
and any person who lobbies shall file electronically with the commission monthly reports of the lobbyist's or person's lobbying activities. The reports shall be made in the form and manner prescribed by the commission and must be signed by the lobbyist. The monthly report shall be filed within fifteen days after the last day of the calendar month covered by the report.
(2) The monthly report shall contain:
(a) The totals of all expenditures for lobbying activities made or incurred by the lobbyist or on behalf of the lobbyist by the lobbyist's employer during the period covered by the report. Expenditure 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 taking part in the entertainment, along with the dollar amount attributable to each person, including the lobbyist's portion.
(b) In the case of a lobbyist employed by more than one employer, the proportionate amount of expenditures in each category incurred on behalf of each of the lobbyist's employers.
(c) An itemized listing of each contribution of money or of tangible or intangible personal property, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, to any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.
(d) The subject matter of proposed legislation or other legislative activity or rule making under chapter
34.05
RCW, the state administrative procedure act, and the state agency considering the same, which the lobbyist has been engaged in supporting or opposing during the reporting period, unless exempt under RCW 42.17A.610
(2).
(e) A listing of each payment for an item specified in RCW 42.52.150
(7) in excess of $100 and each item specified in RCW 42.52.150
(1)(c) (iv) and (vi) made to a state elected official, state officer, or state employee. Each item shall be identified by recipient, date, and approximate value of the item.
(f) The total expenditures paid or incurred during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise, for (i) political advertising as defined in RCW 42.17A.005
; and (ii) public relations, telemarketing, polling, or similar activities if the activities, directly or indirectly, are intended, designed, or calculated to influence legislation or the adoption or rejection of a rule, standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.
(3) Lobbyists are not required to report the following:
(a) Unreimbursed personal living and travel expenses not incurred directly for lobbying;
(b) Any expenses incurred for the lobbyist's own living accommodations;
(c) Any expenses incurred for the lobbyist's own travel to and from hearings of the legislature;
(d) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.
(4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section. Lobbyist reports are subject to audit by the commission.
[
2025 c 377 s 23
;
2019 c 428 s 32
;
2010 c 204 s 804
;
1995 c 397 s 33
;
1991 sp.s. c 18 s 2
;
1990 c 139 s 3
;
1989 c 175 s 90
;
1987 c 423 s 1
;
1985 c 367 s 9
;
1982 c 147 s 13
;
1977 ex.s. c 313 s 5
;
1975 1st ex.s. c 294 s 10
;
1973 c 1 s 17
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.170
.]
NOTES:
*Reviser's note:
The dollar amount in this section may have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17A.125
. For current dollar amounts, see WAC 390-20-150.
Expiration date
—
2025 c 377 ss 1, 9, 13, 21, 23, 25, and 27:
See note following RCW 42.52.010
.
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
Effective date
—
1995 c 397 s 33:
"Section 33 of this act takes effect September 1, 1995." [
1995 c 397 s 36
.]
Legislative intent
—
1990 c 139:
See note following RCW 42.17A.005
.
Effective date
—
1989 c 175:
See note following RCW 34.05.010
.
Effective date
—
Severability
—
1977 ex.s. c 313:
See notes following RCW 42.17A.005
.
RCW 42.17A.620
Notification to person named in report.
(Effective until January 1, 2026. Recodified as RCW 29B.50.060
.)
(1) When a listing or a report of contributions is made to the commission under RCW 42.17A.615
(2)(c), a copy of the listing or report must be given to the candidate, elected official, professional employee 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.
(2) If a state elected official or a member of the official's immediate family is identified by a lobbyist in a lobbyist report as having received from the lobbyist an item specified in RCW 42.52.150
(7) or
42.52.150
(1)(c) (iv) or (vi) [RCW 42.52.150
(7) or (1)(c) (iv) or (vi)], the lobbyist shall transmit to the official a copy of the completed form used to identify the item in the report at the same time the report is filed with the commission.
[
2025 c 377 s 25
;
2010 c 204 s 805
;
1993 c 2 s 32
(Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.172
.]
NOTES:
Expiration date
—
2025 c 377 ss 1, 9, 13, 21, 23, 25, and 27:
See note following RCW 42.52.010
.
RCW 42.17A.625
Special reports
—
Lobbyists
—
Late contributions or large totals.
(Effective until January 1, 2026. Recodified as RCW 29B.50.070
.)
Any lobbyist registered under RCW 42.17A.600, any person who lobbies, and any lobbyist's employer making a contribution or an aggregate of contributions to a single entity that is one thousand dollars or more during a special reporting period, as specified in RCW 42.17A.265, before a primary or general election shall file one or more special reports in the same manner and to the same extent that a contributing political committee must file under RCW 42.17A.265
.
[
2010 c 204 s 806
;
2001 c 54 s 3
;
1991 c 157 s 2
;
1985 c 359 s 2
. Formerly RCW 42.17.175
.]
NOTES:
Effective date
—
2001 c 54:
See note following RCW 42.17A.260
.
RCW 42.17A.630
Reports by employers of registered lobbyists, other persons.
(Effective until January 1, 2026. Recodified as RCW 29B.50.080
.)
(1) Every employer of a lobbyist registered under this chapter during the preceding calendar year and every person other than an individual who made contributions aggregating to more than *sixteen thousand dollars or independent expenditures aggregating to more than *eight 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 eight 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 42.17A.710
(3), 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 the official's or candidate's 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, "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 statewide 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 the person reporting for each 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 statewide ballot proposition supported or opposed by expenditures not reported under (d) of this subsection and the amount of each such expenditure.
(h) Any other information the commission prescribes by rule.
(2)(a) Except as provided in (b) of this subsection, an employer of a lobbyist registered under this chapter shall file a special report with the commission if the employer makes a contribution or contributions aggregating more than one hundred dollars in a calendar month to any one 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 that is made through a registered lobbyist and reportable under RCW 42.17A.425
.
[
2019 c 428 s 33
;
2010 c 204 s 807
;
1993 c 2 s 27
(Initiative Measure No. 134, approved November 3, 1992);
1990 c 139 s 4
;
1987 c 423 s 2
;
1984 c 34 s 6
;
1975 1st ex.s. c 294 s 11
;
1973 c 1 s 18
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.180
.]
NOTES:
*Reviser's note:
The dollar amounts in this section may have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17A.125
. For current dollar amounts, see WAC 390-05-400 and 390-20-150.
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
Legislative intent
—
1990 c 139:
See note following RCW 42.17A.005
.
RCW 42.17A.635
Legislative activities of state agencies, other units of government, elective officials, employees.
(Effective until January 1, 2026. Recodified as RCW 29B.50.090
.)
(1) The house of representatives and the senate shall report annually: The total budget; the portion of the total attributed to staff; and the number of full-time and part-time staff positions by assignment, with dollar figures as well as number of positions.
(2) Unless authorized by subsection (3) of this section or otherwise expressly authorized by law, no public funds may be used directly or indirectly for lobbying. However, 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 that are deemed necessary for the efficient conduct of the public business or actually made in the proper performance of their official duties. 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. 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, "gift" means a voluntary transfer of any thing of value without consideration of equal or greater value, but does not include informational material transferred for the sole purpose of informing the recipient about matters pertaining to official agency business. This section does not permit the printing of a state publication that 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 42.17A.555
and
42.52.180
. The provisions of this subsection shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose an initiative to the legislature so long as (i) any required notice of the meeting includes the title and number of the initiative to the legislature, and (ii) members of the legislative body or members of the public are afforded an 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 that are part of the normal and regular conduct of the office or agency;
(d) Activities conducted regarding an initiative to the legislature that would be permitted under RCW 42.17A.555
and
42.52.180
if conducted regarding other ballot measures.
(5) Each state agency, county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district that expends public funds for lobbying shall file with the commission, except as exempted by (d) of this subsection, quarterly statements providing the following information for the quarter just completed:
(a) The name of the agency filing the statement;
(b) The name, title, and job description and salary of each elected official, officer, or employee who lobbied, a general description of the nature of the lobbying, and the proportionate amount of time spent on the lobbying;
(c) A listing of expenditures incurred by the agency for lobbying including but not limited to travel, consultant or other special contractual services, and brochures and other publications, the principal purpose of which is to influence legislation;
(d) For purposes of this subsection, "lobbying" does not include:
(i) Requests for appropriations by a state agency to the office of financial management pursuant to chapter
43.88
RCW nor requests by the office of financial management to the legislature for appropriations other than its own agency budget requests;
(ii) Recommendations or reports to the legislature in response to a legislative request expressly requesting or directing a specific study, recommendation, or report by an agency on a particular subject;
(iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a state agency as required by law;
(iv) Requests, recommendations, or other communication between or within state agencies or between or within local agencies;
(v) Any other lobbying to the extent that it includes:
(A) Telephone conversations or preparation of written correspondence;
(B) In-person lobbying on behalf of an agency of no more than four days or parts thereof during any three-month period by officers or employees of that agency and in-person lobbying by any elected official of such agency on behalf of such agency or in connection with the powers, duties, or compensation of such official. The total expenditures of nonpublic funds made in connection with such lobbying for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington may not exceed fifteen dollars for any three-month period. The exemption under this subsection (5)(d)(v)(B) is in addition to the exemption provided in (d)(v)(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 42.17A.600
and
42.17A.615
. Each such local agency shall report as a lobbyist employer pursuant to RCW 42.17A.630
.
(7) The provisions of this section do not relieve any elected official or officer or employee of an agency from complying with other provisions of this chapter, if such elected official, officer, or employee is not otherwise exempted.
(8) The purpose of this section is to require each state agency and certain local agencies to report the identities of those persons who lobby on behalf of the agency for compensation, together with certain separately identifiable and measurable expenditures of an agency's funds for that purpose. This section shall be reasonably construed to accomplish that purpose and not to require any agency to report any of its general overhead cost or any other costs that relate only indirectly or incidentally to lobbying or that 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.
[
2010 c 204 s 808
;
1995 c 397 s 7
;
1986 c 239 s 1
;
1979 ex.s. c 265 s 1
;
1977 ex.s. c 313 s 6
;
1975 1st ex.s. c 294 s 12
;
1973 c 1 s 19
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.190
.]
NOTES:
Effective date
—
Severability
—
1977 ex.s. c 313:
See notes following RCW 42.17A.005
.
RCW 42.17A.640
Grass roots lobbying campaigns.
(Effective until January 1, 2026. Recodified as RCW 29B.50.100
.)
(1) Any person who has made expenditures, not reported by a registered lobbyist under RCW 42.17A.615
or by a candidate or political committee under RCW 42.17A.225
or
42.17A.235, exceeding *one thousand dollars in the aggregate within any three-month period or exceeding *five hundred dollars in the aggregate within any one-month period in presenting a campaign to the public, a substantial portion of which is intended, designed, or calculated primarily to solicit, urge, or encourage the public to influence legislation, shall register and report, as provided in subsection (2) of this section, as a sponsor of a grass roots lobbying campaign.
(2)(a) The sponsor shall register by filing with the commission a registration statement:
(i) Within 24 hours of the initial presentation of the campaign to the public during the period:
(A) Beginning on the 30th day before a regular legislative session convenes and continuing through the date of final adjournment of that session; or
(B) Beginning on the date that a special legislative session has been called or 30 days before the special legislative session is scheduled to convene, whichever is later, and continuing through the date of final adjournment of that session; or
(ii) Within five business days of the initial presentation of the campaign to the public during any other period.
(b) The registration must show, in such detail as the commission shall prescribe:
(i) The sponsor's name, address, and business or occupation and employer, and, if the sponsor is not an individual, the names, addresses, and titles of the controlling persons responsible for managing the sponsor's affairs;
(ii) The names, addresses, and business or occupation and employer 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;
(iii) Each source of funding for the campaign of $25 or more, including:
(A) General treasury funds. The name and address of each business, union, group, association, or other organization using general treasury funds for the campaign; however, if such entity undertakes a special solicitation of its members or other persons for the campaign, or it otherwise receives funds for the campaign, that entity shall report pursuant to (b)(ii) of this subsection; and
(B) Special solicitations and other funds. The name, address, and, for individuals, occupation and employer, of a person whose funds were used to pay for the campaign, along with the amount;
(iv) The purpose of the campaign, including the specific legislation, rules, rates, standards, or proposals that are the subject matter of the campaign;
(v) The totals of all expenditures made or incurred to date on behalf of the campaign 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 paid or incurred for lobbying campaign activities; consultants; and printing and mailing expenses; and
(vi) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter.
(3) Every sponsor who has registered under this section shall file monthly reports with the commission by the tenth day of the month for the activity during the preceding month. The reports shall 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. The final report 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.
(5)(a) Any advertising or other mass communication produced as part of a campaign must include the following disclosures:
(i) All written communications shall include the sponsor's name and address. All radio and television communications shall include the sponsor's name. The use of an assumed name for the sponsor is unlawful;
(ii) If the sponsor is a political committee established, maintained, or controlled directly, or indirectly through the formation of one or more political committees, by an individual, corporation, union, association, or other entity, the communication must include the full name of that individual or entity; and
(iii) If the communication costs $1,000 or more, the communication must include:
(A) The statement "Top Five Contributors," followed by a listing of the names of each of the five largest sources of funding of $1,000 or more, as reported under subsection (2)(b) of this section, during the 12-month period preceding the date on which the advertisement is initially to be published or otherwise presented to the public; and
(B) If one of the "Top Five Contributors" listed includes a political committee, the statement "Top Three Donors to PAC Contributors," followed by a listing of the names of the three individuals or entities other than political committees making the largest aggregate contributions to political committees using the same methodology as provided in RCW 42.17A.350
(2).
(b) Abbreviations may be used to describe entities required to be listed under (a) of this subsection if the full name of the entity has been clearly spoken previously during the communication. The information required by (a) of this subsection shall:
(i) In a written communication:
(A) Appear on the first page or fold of the written advertisement or communication in at least 10-point type, or in type at least 10 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; and
(C) Be set apart from any other printed matter. No text may be before, after, or immediately adjacent to the information required by (a) of this subsection; or
(ii) In a communication transmitted via television or another medium that includes a visual image or audio:
(A) Be clearly spoken; or
(B) Appear in print and be visible for at least four seconds, appear in letters greater than four percent of the visual screen height on a solid black background on the entire bottom one-third of the television or visual display screen, or bottom one-fourth of the screen if the sponsor does not have or is otherwise not required to list its top five contributors, and have a reasonable color contrast with the background.
(6) The commission is authorized to adopt rules, as needed, to prevent ways to circumvent the purposes of the required disclosures in this section or otherwise in conformance with the policies and purposes of this chapter.
[
2023 c 413 s 1
;
2010 c 204 s 809
;
1990 c 139 s 5
;
1985 c 367 s 10
;
1973 c 1 s 20
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.200
.]
NOTES:
*Reviser's note:
The dollar amounts in this section may have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17A.125
. For current dollar amounts, see WAC 390-20-150.
Legislative intent
—
1990 c 139:
See note following RCW 42.17A.005
.
RCW 42.17A.645
Employment of legislators, board or commission members, or state employees
—
Statement, contents.
(Effective until January 1, 2026. Recodified as RCW 29B.50.110
.)
If any person registered or required to be registered as a lobbyist, or any employer of any person registered or required to be registered as a lobbyist, employs a member or an employee of the legislature, a member of a state board or commission, or a full-time state employee, and that new employee remains in the partial employ of the state, the new employer must file within fifteen days after employment a statement with the commission, signed under oath, setting out the nature of the employment, the name of the person employed, and the amount of pay or consideration.
[
2010 c 204 s 810
;
1973 c 1 s 21
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.210
.]
RCW 42.17A.650
Employment of unregistered persons.
(Effective until January 1, 2026. Recodified as RCW 29B.50.120
.)
It is a violation of this chapter for any person to employ for pay or any consideration, or pay or agree to pay any consideration to, a person to lobby who is not registered under this chapter except upon the condition that such a person must register as a lobbyist as provided by this chapter.
[
2010 c 204 s 811
;
1973 c 1 s 22
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.220
.]
RCW 42.17A.655
Lobbyists' duties, restrictions
—
Penalties for violations.
(Effective until January 1, 2026. Recodified as RCW 29B.50.130
.)
(1) A person required to register as a lobbyist under RCW 42.17A.600
shall substantiate financial reports required to be made under this chapter with accounts, bills, receipts, books, papers, and other necessary documents and records. All such documents must be obtained and preserved for a period of at least five years from the date of filing the statement containing such items and shall be made available for inspection by the commission at any time. If the terms of the lobbyist's employment contract require that these records be turned over to the lobbyist's employer, responsibility for the preservation and inspection of these records under this subsection shall be with such employer.
(2) A person required to register as a lobbyist under RCW 42.17A.600
shall not:
(a) Engage in any lobbying activity before registering as a lobbyist;
(b) Knowingly deceive or attempt to deceive a legislator regarding the facts pertaining to any pending or proposed legislation;
(c) Cause or influence the introduction of a bill or amendment to that bill for the purpose of later being employed to secure its defeat;
(d) Knowingly represent an interest adverse to the lobbyist's employer without full disclosure of the adverse interest to the employer and obtaining the employer's written consent;
(e) Exercise any undue influence, extortion, or unlawful retaliation upon any legislator due to the legislator's position or vote on any pending or proposed legislation;
(f) Enter into any agreement, arrangement, or understanding in which any portion of the lobbyist's compensation is or will be contingent upon the lobbyist's success in influencing legislation.
(3) A violation by a lobbyist of this section shall be cause for revocation of the lobbyist's registration, and may subject the lobbyist and the lobbyist's employer, if the employer aids, abets, ratifies, or confirms the violation, to other civil liabilities as provided by this chapter.
[
2019 c 428 s 34
;
2010 c 204 s 812
;
1987 c 201 s 2
;
1982 c 147 s 14
;
1973 c 1 s 23
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.230
.]
NOTES:
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
RCW 42.17A.700
Elected officials, executive state officers, candidates, and appointees
—
Statement of financial affairs.
(Effective until January 1, 2026. Recodified as RCW 29B.55.010
.)
(1) After January 1st and before April 15th of each year, every elected official and every executive state officer who served for any portion of the preceding year shall electronically file with the commission a statement of financial affairs for the preceding calendar year or for that portion of the year served. Any official or officer in office for any period of time in a calendar year, but not in office as of January 1st of the following year, may electronically file either within sixty days of leaving office or during the January 1st through April 15th reporting period of that following year. Such filing must include information for the portion of the current calendar year for which the official or officer was in office.
(2) Within two weeks of becoming a candidate, every candidate shall file with the commission a statement of financial affairs for the preceding twelve months.
(3) Within two weeks of appointment, every person appointed to a vacancy in an elective office or executive state officer position during the months of January through November shall file with the commission a statement of financial affairs for the preceding twelve months, except as provided in subsection (4) of this section. For appointments made in December, the appointee must file the statement of financial affairs between January 1st and January 15th of the immediate following year for the preceding twelve-month period ending on December 31st.
(4) A statement of a candidate or appointee filed during the period from January 1st to April 15th shall cover the period from January 1st of the preceding calendar year to the time of candidacy or appointment if the filing of the statement would relieve the individual of a prior obligation to file a statement covering the entire preceding calendar year.
(5) No individual may be required to file more than once in any calendar year.
(6) Each statement of financial affairs filed under this section shall be sworn as to its truth and accuracy.
(7) Every elected official and every executive state officer shall file with their statement of financial affairs a statement certifying that they have read and are familiar with RCW 42.17A.555
or
42.52.180, whichever is applicable.
(8) For the purposes of this section, the term "executive state officer" includes those listed in RCW 42.17A.705
.
(9) This section does not apply to incumbents or candidates for a federal office or the office of precinct committee officer.
[
2019 c 428 s 35
;
2010 c 204 s 901
;
1995 c 397 s 8
;
1993 c 2 s 31
(Initiative Measure No. 134, approved November 3, 1992);
1989 c 158 s 1
;
1987 c 295 s 19
. Prior:
1984 c 125 s 14
;
1984 c 34 s 1
;
1983 c 161 s 27
;
1982 c 10 s 9
; prior:
1981 c 311 s 20
;
1981 c 67 s 15
;
1979 ex.s. c 265 s 3
;
1979 c 151 s 73
; prior: 1975-'76 2nd ex.s. c 112 s 7; 1975-'76 2nd ex.s. c 104 s 1 (Ref. Bill No. 36);
1975 1st ex.s. c 294 s 13
;
1973 c 1 s 24
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.240
.]
NOTES:
Effective date
—
2019 c 428 ss 35 and 36:
"Sections 35 and 36 of this act take effect January 1, 2020." [
2019 c 428 s 43
.]
Finding
—
Intent
—
2019 c 428:
See note following RCW 42.17A.160
.
Effective dates
—
1983 c 161:
See RCW 43.180.904
.
Severability
—
1982 c 10:
See note following RCW 6.13.080
.
Effective dates
—
Severability
—
1981 c 67:
See notes following RCW 34.12.010
.
Cemetery district commissioners exempt from chapter: RCW 68.52.140, 68.52.220
.
RCW 42.17A.705
"Executive state officer" defined.
(Effective until January 1, 2026. Recodified as RCW 29B.55.020
.)
For the purposes of RCW 42.17A.700, "executive state officer" includes:
(1) The chief administrative law judge, the director of agriculture, the director of the department of services for the blind, the secretary of children, youth, and families, the director of the state system of community and technical colleges, the director of commerce, the director of Washington technology solutions, the secretary of corrections, the director of ecology, the commissioner of employment security, the chair of the energy facility site evaluation council, the director of enterprise services, 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 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 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 executive director of the public disclosure commission, the executive director of the Puget Sound partnership, the director of the recreation and conservation office, 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 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, and 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, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, Eastern Washington University board of trustees, Washington economic development finance authority, Washington energy northwest executive board, The Evergreen State College board of trustees, executive ethics board, fish and wildlife commission, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, student achievement council, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, state investment board, commission on judicial conduct, legislative ethics board, life sciences discovery fund authority board of trustees, state liquor and cannabis board, lottery commission, Pacific Northwest electric power and conservation planning council, parks and recreation commission, Washington personnel resources board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public employees' benefits board, recreation and conservation funding board, salmon recovery funding board, shorelines hearings board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington State University board of regents, and Western Washington University board of trustees.
[
2024 c 54 s 40
;
2017 3rd sp.s. c 6 s 111
. Prior:
2015 3rd sp.s. c 1 s 406
;
2015 3rd sp.s. c 1 s 317
;
2012 c 229 s 582
;
2011 1st sp.s. c 43 s 109
;
2010 c 204 s 902
;
2009 c 565 s 24
; prior:
2007 c 341 s 48
;
2007 c 241 s 2
;
2007 c 15 s 1
;
2006 c 265 s 113
;
2005 c 424 s 17
; prior:
2001 c 36 s 1
;
2001 c 9 s 1
;
1996 c 186 s 504
; prior:
1995 c 399 s 60
;
1995 c 397 s 10
; prior:
1993 sp.s. c 2 s 18
;
1993 c 492 s 488
;
1993 c 281 s 43
;
1991 c 200 s 404
;
1991 c 3 s 293
; prior:
1989 1st ex.s. c 9 s 812
;
1989 c 279 s 22
;
1989 c 158 s 2
;
1988 c 36 s 13
;
1987 c 504 s 14
;
1985 c 6 s 8
;
1984 c 34 s 2
. Formerly RCW 42.17.2401
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Effective date
—
2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602:
See note following RCW 43.105.007
.
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Effective date
—
2011 1st sp.s. c 43 s 109:
"Section 109 of this act takes effect January 1, 2012." [
2011 1st sp.s. c 43 s 111
.]
Purpose
—
2011 1st sp.s. c 43:
See note following RCW 43.19.003
.
Alphabetization
—
2010 c 204 s 902:
"When RCW 42.17A.705
is codified, the code reviser shall arrange the names of the agencies in each subsection in alphabetical order, arranged according to the first distinctive word of each agency's name." [
2010 c 204 s 1101
.]
Effective date
—
2007 c 341:
See RCW 90.71.907
.
Intent
—
Effective date
—
2007 c 241:
See notes following RCW 79A.25.005
.
Effective date
—
2006 c 265:
See RCW 43.216.902
.
Findings
—
Intent
—
Part headings not law
—
Effective date
—
1996 c 186:
See notes following RCW 43.330.904
.
Effective date
—
1993 sp.s. c 2 ss 1-6, 8-59, and 61-79:
See RCW 43.300.900
.
Findings
—
Intent
—
1993 c 492:
See notes following RCW 43.20.050
.
Short title
—
Savings
—
Reservation of legislative power
—
Effective dates
—
1993 c 492:
See RCW 43.72.910
through
43.72.915
.
Effective date
—
1993 c 281:
See note following RCW 41.06.022
.
Effective dates
—
1991 c 200:
See RCW 90.56.901
.
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
Alphabetization
—
1989 c 158 s 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 s 3
.] The names of the agencies in the above section have been arranged according to the first distinctive word of each agency's name.
RCW 42.17A.710
Statement of financial affairs
—
Contents.
(Effective until January 1, 2026. Recodified as RCW 29B.55.030
.)
(1) The statement of financial affairs required by RCW 42.17A.700
shall disclose the following information for the reporting individual and each member of the reporting individual's immediate family:
(a) Occupation, name of employer, and business address;
(b) Each bank account, savings account, and insurance policy in which a direct financial interest was held that exceeds *twenty thousand dollars at any time during the reporting period; each other item of intangible personal property in which a direct financial interest was held that exceeds *two thousand dollars during the reporting period; the name, address, and nature of the entity; and the nature and highest value of each direct financial interest during the reporting period;
(c) The name and address of each creditor to whom the value of *two thousand dollars or more was owed; the original amount of each debt to each creditor; the amount of each debt owed to each creditor as of the date of filing; the terms of repayment of each debt; and the security given, if any, for each such debt. Debts arising from a "retail installment transaction" as defined in chapter
63.14
RCW (retail installment sales act) need not be reported;
(d) Every public or private office, directorship, and position held as trustee; except that an elected official or executive state officer need not report the elected official's or executive state officer's service on a governmental board, commission, association, or functional equivalent, when such service is part of the elected official's or executive state officer's official duties;
(e) All persons for whom any legislation, rule, rate, or standard has been prepared, promoted, or opposed for current or deferred compensation. For the purposes of this subsection, "compensation" does not include payments made to the person reporting by the governmental entity for which the person serves as an elected official or state executive officer or professional staff member for the person's 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;
(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 *two thousand dollars or more; the value of the compensation; and the consideration given or performed in exchange for the compensation;
(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: (i) With respect to a governmental unit in which the official seeks or holds any office or position, if the entity has received compensation in any form during the preceding twelve months from the governmental unit, the value of the compensation and the consideration given or performed in exchange for the compensation; and (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 *ten thousand dollars or more during the preceding twelve months and the consideration given or performed in exchange for the compensation. As used in (g)(ii) of this subsection, "compensation" 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. With respect to any bank or commercial lending institution in which is held any office, directorship, partnership interest, or ownership interest, it shall only be necessary to report either the name, address, and occupation of every director and officer of the bank or commercial lending institution and the average monthly balance of each account held during the preceding twelve months by the bank or commercial lending institution from the governmental entity for which the individual is an official or candidate or professional staff member, or all interest paid by a borrower on loans from and all interest paid to a depositor by the bank or commercial lending institution if the interest exceeds *two thousand four hundred dollars;
(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 *ten thousand 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;
(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 *ten thousand dollars in which any direct financial interest was divested during the preceding calendar year, and a statement of the amount and nature of the consideration received in exchange for that interest, and the name and address of the person furnishing the consideration;
(j) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds *ten thousand dollars in which a direct financial interest was held. If a description of the property has been included in a report previously filed, the property may be listed, for purposes of this subsection (1)(j), by reference to the previously filed report;
(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 *twenty 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;
(l) A list of each occasion, specifying date, donor, and amount, at which food and beverage in excess of $100 was accepted under RCW 42.52.150
(7);
(m) A list of each occasion, specifying date, donor, and amount, at which items specified in RCW 42.52.150
(1)(c) (iv) and (vi) were accepted; and
(n) Such other information as the commission may deem necessary in order to properly carry out the purposes and policies of this chapter, as the commission shall prescribe by rule.
(2)(a) When judges, prosecutors, sheriffs, participants in the address confidentiality program under RCW 40.24.030, or their immediate family members are required to disclose real property that is the personal residence of the judge, prosecutor, sheriff, or address confidentiality program participant, the requirements of subsection (1)(h) through (k) of this section may be satisfied for that property by substituting:
(i) The city or town;
(ii) The type of residence, such as a single-family or multifamily residence, and the nature of ownership; and
(iii) Such other identifying information the commission prescribes by rule for the mailing address where the property is located.
(b) Nothing in this subsection relieves the judge, prosecutor, or sheriff of any other applicable obligations to disclose potential conflicts or to recuse oneself.
(3)(a) Where an amount is required to be reported under subsection (1)(a) through (m) of this section, it may be reported within a range as provided in (b) of this subsection.
(b)
Code A
Less than thirty thousand dollars;
Code B
At least thirty thousand dollars, but less than sixty thousand dollars;
Code C
At least sixty thousand dollars, but less than one hundred thousand dollars;
Code D
At least one hundred thousand dollars, but less than two hundred thousand dollars;
Code E
At least two hundred thousand dollars, but less than five hundred thousand dollars;
Code F
At least five hundred thousand dollars, but less than seven hundred and fifty thousand dollars;
Code G
At least seven hundred fifty thousand dollars, but less than one million dollars; or
Code H
One million dollars or more.
(c) 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.
(4) Items of value given to an official's or employee's spouse, domestic partner, or family member are attributable to the official or employee, except the item is not attributable if an independent business, family, or social relationship exists between the donor and the spouse, domestic partner, or family member.
[
2025 c 377 s 27
;
2023 c 462 s 502
;
2019 c 428 s 36
;
2010 c 204 s 903
;
2008 c 6 s 202
;
1995 c 397 s 9
;
1984 c 34 s 3
;
1979 ex.s. c 126 s 42
. Formerly RCW 42.17.241
.]
NOTES:
*Reviser's note:
The dollar amounts in this section may have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17A.125
. For current dollar amounts, see WAC 390-24-301.
Expiration date
—
2025 c 377 ss 1, 9, 13, 21, 23, 25, and 27:
See note following RCW 42.52.010
.
Effective date
—
2019 c 428 ss 35 and 36:
See note following RCW 42.17A.700
.
Finding
—
Intent
—
2019 c 428:
See note following RCW 42.17A.160
.
Part headings not law
—
Severability
—
2008 c 6:
See RCW 26.60.900
and
26.60.901
.
Purpose
—
1979 ex.s. c 126:
See RCW 29A.60.280
(1).
RCW 42.17A.715
Concealing identity of source of payment prohibited
—
Exception.
(Effective until January 1, 2026. Recodified as RCW 29B.55.040
.)
No payment shall be made to any person required to report under RCW 42.17A.700
and no payment shall be accepted by any such person, directly or indirectly, in a fictitious name, anonymously, or by one person through an agent, relative, or other person in such a manner as to conceal the identity of the source of the payment or in any other manner so as to effect concealment. 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.
[
2010 c 204 s 904
;
1977 ex.s. c 336 s 4
. Formerly RCW 42.17.242
.]
NOTES:
Severability
—
1977 ex.s. c 336:
See note following RCW 42.17A.205
.
RCW 42.17A.750
Civil remedies and sanctions
—
Referral for criminal prosecution.
(Effective until January 1, 2026. Recodified as RCW 29B.60.010
.)
(1) In addition to the penalties in subsection (2) of this section, and any other remedies provided by law, one or more of the following civil remedies and sanctions may be imposed by court order in addition to any other remedies provided by law:
(a) If the court finds that the violation of any provision of this chapter by any candidate, committee, or incidental committee probably affected the outcome of any election, the result of that election may be held void and a special election held within sixty days of the 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.
(b) If any lobbyist or sponsor of any grass roots lobbying campaign violates any of the provisions of this chapter, the lobbyist's or sponsor's registration may be revoked or suspended and the lobbyist or sponsor may be enjoined from receiving compensation or making expenditures for lobbying. The imposition of a sanction shall not excuse the lobbyist from filing statements and reports required by this chapter.
(c) A 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 violation. However, a person or entity who violates RCW 42.17A.405
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.
(d) When assessing a civil penalty, the court may consider the nature of the violation and any relevant circumstances, including the following factors:
(i) The respondent's compliance history, including whether the noncompliance was isolated or limited in nature, indicative of systematic or ongoing problems, or part of a pattern of violations by the respondent, resulted from a knowing or intentional effort to conceal, deceive or mislead, or from collusive behavior, or in the case of a political committee or other entity, part of a pattern of violations by the respondent's officers, staff, principal decision makers, consultants, or sponsoring organization;
(ii) The impact on the public, including whether the noncompliance deprived the public of timely or accurate information during a time-sensitive period or otherwise had a significant or material impact on the public;
(iii) Experience with campaign finance law and procedures or the financing, staffing, or size of the respondent's campaign or organization;
(iv) The amount of financial activity by the respondent during the statement period or election cycle;
(v) Whether the late or unreported activity was within three times the contribution limit per election, including in proportion to the total amount of expenditures by the respondent in the campaign or statement period;
(vi) Whether the respondent or any person benefited politically or economically from the noncompliance;
(vii) Whether there was a personal emergency or illness of the respondent or member of the respondent's immediate family;
(viii) Whether other emergencies such as fire, flood, or utility failure prevented filing;
(ix) Whether there was commission staff or equipment error, including technical problems at the commission that prevented or delayed electronic filing;
(x) The respondent's demonstrated good-faith uncertainty concerning commission staff guidance or instructions;
(xi) Whether the respondent is a first-time filer;
(xii) Good faith efforts to comply, including consultation with commission staff prior to initiation of enforcement action and cooperation with commission staff during enforcement action and a demonstrated wish to acknowledge and take responsibility for the violation;
(xiii) Penalties imposed in factually similar cases; and
(xiv) Other factors relevant to the particular case.
(e) A 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 delinquency continues.
(f) Each state agency director who knowingly fails to file statements required by RCW 42.17A.635
shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars per statement. These penalties are in addition to any other civil remedies or sanctions imposed on the agency.
(g) A person who fails to report a contribution or expenditure as required by this chapter may be subject to a civil penalty equivalent to the amount not reported as required.
(h) Any state agency official, officer, or employee who is responsible for or knowingly directs or expends public funds in violation of RCW 42.17A.635
(2) or (3) may be subject to personal liability in the form of a civil penalty in an amount that is at least equivalent to the amount of public funds expended in the violation.
(i) The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein.
(2) The commission may refer the following violations for criminal prosecution:
(a) A person who, with actual malice, violates a provision of this chapter is guilty of a misdemeanor under chapter
9.92
RCW;
(b) A person who, within a five-year period, with actual malice, violates three or more provisions of this chapter is guilty of a gross misdemeanor under chapter
9.92
RCW; and
(c) A person who, with actual malice, procures or offers any false or forged document to be filed, registered, or recorded with the commission under this chapter is guilty of a class C felony under chapter
9.94A
RCW.
[
2019 c 428 s 37
;
2018 c 304 s 12
;
2013 c 166 s 1
;
2011 c 145 s 6
;
2010 c 204 s 1001
;
2006 c 315 s 2
;
1993 c 2 s 28
(Initiative Measure No. 134, approved November 3, 1992);
1973 c 1 s 39
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.390
.]
NOTES:
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
Finding
—
Intent
—
2018 c 304:
See note following RCW 42.17A.235
.
Effective date
—
2013 c 166:
See note following RCW 42.17A.055
.
Findings
—
Intent
—
Effective date
—
2011 c 145:
See notes following RCW 42.17A.005
.
Intent
—
2006 c 315:
"It is the intent of the legislature to increase the authority of the public disclosure commission to more effectively foster compliance with our state's public disclosure and fair campaign practices act. It is the intent of the legislature to make the agency's penalty authority for violations of this chapter more consistent with other agencies that enforce state ethics laws and more commensurate with the level of political spending in the state of Washington." [
2006 c 315 s 1
.]
Severability
—
2006 c 315:
"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." [
2006 c 315 s 4
.]
RCW 42.17A.755
Violations
—
Determination by commission
—
Penalties
—
Procedure.
(Effective until January 1, 2026. Recodified as RCW 29B.60.020
.)
(1) The commission may initiate or respond to a complaint, request a technical correction, or otherwise resolve matters of compliance with this chapter, in accordance with this section. If a complaint is filed with or initiated by the commission, the commission must:
(a) Dismiss the complaint or otherwise resolve the matter in accordance with subsection (2) of this section, as appropriate under the circumstances after conducting a preliminary review;
(b) Initiate an investigation to determine whether a violation has occurred, conduct hearings, and issue and enforce an appropriate order, in accordance with chapter
34.05
RCW and subsection (3) of this section; or
(c) Refer the matter to the attorney general, in accordance with subsection (4) of this section.
(2)(a) For complaints of remediable violations or requests for technical corrections, the commission may, by rule, delegate authority to its executive director to resolve these matters in accordance with subsection (1)(a) of this section, provided the executive director consistently applies such authority.
(b) The commission shall, by rule, develop additional processes by which a respondent may agree by stipulation to any allegations and pay a penalty subject to a schedule of violations and penalties, unless waived by the commission as provided for in this section. Any stipulation must be referred to the commission for review. If approved or modified by the commission, agreed to by the parties, and the respondent complies with all requirements set forth in the stipulation, the matter is then considered resolved and no further action or review is allowed.
(3) If the commission initiates an investigation, an initial hearing must be held within ninety days of the complaint being filed. Following an investigation, in cases where it chooses to determine whether a violation has occurred, the commission shall hold a hearing pursuant to the administrative procedure act, chapter
34.05
RCW. Any order that the commission issues under this section shall be pursuant to such a hearing.
(a) The person against whom an order is directed under this section shall be designated as the respondent. The order may require the respondent to cease and desist from the activity that constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in RCW 42.17A.750
(1) (b) through (h), or other requirements as the commission determines appropriate to effectuate the purposes of this chapter.
(b) The commission may assess a penalty in an amount not to exceed ten thousand dollars per violation, unless the parties stipulate otherwise. Any order that the commission issues under this section that imposes a financial penalty must be made pursuant to a hearing, held in accordance with the administrative procedure act, chapter
34.05
RCW.
(c) The commission has the authority to waive a penalty for a first-time violation. A second violation of the same requirement by the same person, regardless if the person or individual committed the violation for a different political committee or incidental committee, shall result in a penalty. Successive violations of the same requirement shall result in successively increased penalties. The commission may suspend any portion of an assessed penalty contingent on future compliance with this chapter. The commission must create a schedule to enhance penalties based on repeat violations by the person.
(d) Any order issued by the commission is subject to judicial review under the administrative procedure act, chapter
34.05
RCW. If the commission's order is not satisfied and no petition for review is filed within thirty days, the commission may petition a court of competent jurisdiction of any county in which a petition for review could be filed under that jurisdiction, for an order of enforcement. Proceedings in connection with the commission's petition shall be in accordance with RCW 42.17A.760
.
(4) In lieu of holding a hearing or issuing an order under this section, the commission may refer the matter to the attorney general consistent with this section, when the commission believes:
(a) Additional authority is needed to ensure full compliance with this chapter;
(b) An apparent violation potentially warrants a penalty greater than the commission's penalty authority; or
(c) The maximum penalty the commission is able to levy is not enough to address the severity of the violation.
(5) Prior to filing a citizen's action under RCW 42.17A.775, a person who has filed a complaint pursuant to this section must provide written notice to the attorney general if the commission does not, within 90 [ninety] days of the complaint being filed with the commission, take action pursuant to subsection (1) of this section. A person must simultaneously provide a copy of the written notice to the commission.
[
2019 c 428 s 38
;
2018 c 304 s 13
;
2011 c 145 s 7
;
2010 c 204 s 1002
;
2006 c 315 s 3
;
1989 c 175 s 91
;
1985 c 367 s 12
;
1982 c 147 s 16
; 1975-'76 2nd ex.s. c 112 s 12. Formerly RCW 42.17.395
.]
NOTES:
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
Finding
—
Intent
—
2018 c 304:
See note following RCW 42.17A.235
.
Findings
—
Intent
—
Effective date
—
2011 c 145:
See notes following RCW 42.17A.005
.
Intent
—
Severability
—
2006 c 315:
See notes following RCW 42.17A.750
.
Effective date
—
1989 c 175:
See note following RCW 34.05.010
.
RCW 42.17A.760
Procedure upon petition for enforcement of order of commission
—
Court's order of enforcement.
(Effective until January 1, 2026. Recodified as RCW 29B.60.030
.)
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 or her 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;
(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 or herself 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 the 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.
[
2010 c 204 s 1003
;
1989 c 175 s 92
;
1982 c 147 s 17
; 1975-'76 2nd ex.s. c 112 s 13. Formerly RCW 42.17.397
.]
NOTES:
Effective date
—
1989 c 175:
See note following RCW 34.05.010
.
RCW 42.17A.765
Enforcement
—
Attorney general.
(Effective until January 1, 2026. Recodified as RCW 29B.60.040
.)
(1)(a) The attorney general may bring civil actions in the name of the state for any appropriate civil remedy, including but not limited to the special remedies provided in RCW 42.17A.750
upon:
(i) Referral by the commission pursuant to RCW 42.17A.755
(4);
(ii) Receipt of a notice provided in accordance with RCW 42.17A.755
(5); or
(iii) Receipt of a notice of intent to commence a citizen's action, as provided under RCW 42.17A.775
(3).
(b) Within forty-five days of receiving a referral from the commission or notice of the commission's failure to take action provided in accordance with RCW 42.17A.755
(5), or within ten days of receiving a citizen's action notice, the attorney general must publish a decision whether to commence an action on the attorney general's office website. Publication of the decision within the forty-five day period, or ten-day period, whichever is applicable, shall preclude a citizen's action pursuant to RCW 42.17A.775
.
(c) The attorney general should use the enforcement powers in this section in a consistent manner that provides guidance in complying with the provisions of this chapter to candidates, political committees, or other individuals subject to the regulations of this chapter.
(2) The attorney general 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 requires the attendance of any person to obtain such information or produce the accounts, bills, receipts, books, papers, and documents that may be relevant or material to any investigation authorized under this chapter, the attorney general 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. The order shall have the same force and effect as a subpoena, shall be effective statewide, and, upon application of the attorney general, obedience to the order may be enforced by any superior court judge in the county where the person receiving it resides or is found, in the same manner as though the order were a subpoena. The court, after hearing, for good cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend, revise, suspend, or postpone all or any part of its provisions. In any case where the order is not enforced by the court according to its terms, the reasons for the court's actions shall be clearly stated in writing, and the action shall be subject to review by the appellate courts by certiorari or other appropriate proceeding.
[
2019 c 428 s 39
;
2018 c 304 s 14
;
2010 c 204 s 1004
;
2007 c 455 s 1
;
1975 1st ex.s. c 294 s 27
;
1973 c 1 s 40
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.400
.]
NOTES:
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
Finding
—
Intent
—
2018 c 304:
See note following RCW 42.17A.235
.
RCW 42.17A.770
Limitation on actions.
(Effective until January 1, 2026. Recodified as RCW 29B.60.050
.)
Except as provided in RCW 42.17A.775
(4), any action brought under the provisions of this chapter must be commenced within five years after the date when the violation occurred.
[
2018 c 304 s 15
;
2011 c 60 s 26
;
2007 c 455 s 2
;
1982 c 147 s 18
;
1973 c 1 s 41
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.410
.]
NOTES:
Finding
—
Intent
—
2018 c 304:
See note following RCW 42.17A.235
.
RCW 42.17A.775
Citizen's action.
(Effective until January 1, 2026. Recodified as RCW 29B.60.060
.)
(1) A person who has reason to believe that a provision of this chapter is being or has been violated may bring a citizen's action in the name of the state, in accordance with the procedures of this section.
(2) A citizen's action may be brought and prosecuted only if the person first has filed a complaint with the commission and:
(a) The commission has not taken action authorized under RCW 42.17A.755
(1) within ninety days of the complaint being filed with the commission, and the person who initially filed the complaint with the commission provided written notice to the attorney general in accordance with RCW 42.17A.755
(5) and the attorney general has not commenced an action, or published a decision whether to commence action pursuant to RCW 42.17A.765
(1)(b), within forty-five days of receiving the notice;
(b) For matters referred to the attorney general within ninety days of the commission receiving the complaint, the attorney general has not commenced an action, or published a decision whether to commence an action pursuant to RCW 42.17A.765
(1)(b), within forty-five days of receiving referral from the commission; and
(c) The person who initially filed the complaint with the commission has provided notice of a citizen's action in accordance with subsection (3) of this section and the commission or the attorney general has not commenced action within the ten days provided under subsection (3) of this section.
(3) To initiate the citizen's action, after meeting the requirements under subsection (2) (a) and (b) of this section, a person must notify the attorney general and the commission that the person will commence a citizen's action within ten days if the commission does not take action authorized under RCW 42.17A.755
(1), or the attorney general does not commence an action or publish a decision whether to commence an action pursuant to RCW 42.17A.765
(1)(b). The attorney general and the commission must notify the other of its decision whether to commence an action.
(4) The citizen's action must be commenced within two years after the date when the alleged violation occurred and may not be commenced against a committee or incidental committee before the end of such period if the committee or incidental committee has received an acknowledgment of dissolution.
(5) If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but he or she shall be entitled to be reimbursed by the state for reasonable costs and reasonable attorneys' fees the person incurred. In the case of a citizen's action that is dismissed and that the court also finds was brought without reasonable cause, the court may order the person commencing the action to pay all trial costs and reasonable attorneys' fees incurred by the defendant.
[
2019 c 428 s 40
;
2018 c 304 s 16
.]
NOTES:
Effective date
—
Finding
—
Intent
—
2019 c 428:
See notes following RCW 42.17A.160
.
Finding
—
Intent
—
2018 c 304:
See note following RCW 42.17A.235
.
RCW 42.17A.780
Damages, costs, and attorneys' fees
—
Joint and several liability.
(Effective until January 1, 2026. Recodified as RCW 29B.60.070
.)
In any action brought under this chapter, the court may award to the commission all reasonable costs of investigation and trial, including reasonable attorneys' fees 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 or she shall be awarded all costs of trial and may be awarded reasonable attorneys' fees to be fixed by the court and paid by the state of Washington.
[
2018 c 304 s 17
.]
NOTES:
Finding
—
Intent
—
2018 c 304:
See note following RCW 42.17A.235
.
RCW 42.17A.785
Public disclosure transparency account.
(Effective until January 1, 2026. Recodified as RCW 29B.60.080
.)
The public disclosure transparency account is created in the state treasury. All receipts from penalties collected pursuant to enforcement actions or settlements under this chapter, including any fees or costs, must be deposited into the account. Moneys in the account may be spent only after appropriation. Moneys in the account may be used only for the implementation of chapter 304, Laws of 2018 and duties under this chapter, and may not be used to supplant general fund appropriations to the commission.
[
2018 c 304 s 18
.]
NOTES:
Finding
—
Intent
—
2018 c 304:
See note following RCW 42.17A.235
.
RCW 42.17A.900
Effective date
—
1973 c 1.
(Effective until January 1, 2026.)
The effective date of this act shall be January 1, 1973.
[
1973 c 1 s 49
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.900
.]
RCW 42.17A.904
Construction
—
1973 c 1.
(Effective until January 1, 2026.)
The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern.
[
1973 c 1 s 47
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.920
.]
RCW 42.17A.905
Chapter, section headings not part of law.
(Effective until January 1, 2026.)
Chapter and section captions or headings as used in this act do not constitute any part of the law.
[
1973 c 1 s 48
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.930
.]
RCW 42.17A.906
Repealer
—
1973 c 1.
(Effective until January 1, 2026.)
Chapter 9, Laws of 1965, as amended by section 9, chapter 150, Laws of 1965 ex. sess., and RCW 29.18.140
; and chapter 131, Laws of 1967 ex. sess. and RCW 44.64 [chapter
44.64
RCW]; and chapter 82, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 24; and chapter 98, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 25 are each hereby repealed.
[
1973 c 1 s 50
(Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.940
.]
RCW 42.17A.907
Construction
—
1975-'76 2nd ex.s. c 112.
(Effective until January 1, 2026.)
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 s 15. Formerly RCW 42.17.945
.]
NOTES:
*Reviser's note:
Provisions in chapter
42.17
RCW relating to campaign disclosure and contribution were recodified in chapter
42.17A
RCW by 2010 c 204, effective January 1, 2012.
RCW 42.17A.908
Captions.
(Effective until January 1, 2026.)
Section captions and part headings used in this act do not constitute any part of the law.
[
1993 c 2 s 34
(Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.950
.]
RCW 42.17A.909
Short title
—
1993 c 2.
(Effective until January 1, 2026.)
This act may be known and cited as the Fair Campaign Practices Act.
[
1993 c 2 s 36
(Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.955
.]
RCW 42.17A.910
Effective date
—
1995 c 397.
(Effective until January 1, 2026.)
Sections 1 through 32, 34, and 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.
[
1995 c 397 s 35
. Formerly RCW 42.17.960
.]
RCW 42.17A.911
Captions
—
1995 c 397.
(Effective until January 1, 2026.)
Captions as used in chapter 397, Laws of 1995 constitute no part of the law.
[
1995 c 397 s 37
. Formerly RCW 42.17.961
.]
RCW 42.17A.915
Effective dates
—
2005 c 445.
(Effective until January 1, 2026.)
Sections 6 and 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005. The remainder of this act takes effect January 1, 2006.
[
2005 c 445 s 17
. Formerly RCW 42.17.965
.]
RCW 42.17A.917
Effective date
—
2010 c 204 ss 505, 602, and 703.
(Effective until January 1, 2026.)
Sections 505, 602, and 703 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 25, 2010].
[
2010 c 204 s 1104
.]
RCW 42.17A.918
Effective date
—
2010 c 204.
(Effective until January 1, 2026.)
Sections 101 through 504, 506 through 601, 603 through 702, and 801 through 1103 of chapter 204, Laws of 2010 take effect January 1, 2012.
[
2010 1st sp.s. c 26 s 10
;
2010 c 204 s 1105
.]
RCW 42.17A.919
Effective date
—
2011 c 60.
(Effective until January 1, 2026.)
This act takes effect January 1, 2012.
[
2011 c 60 s 53
.]
RCW 42.17A.920
Local regulations not preempted
—
2020 c 152.
(Effective until January 1, 2026.)
Chapter 152, Laws of 2020 does not affect or modify the power of a local government to adopt an ordinance or regulation on matters governed by chapter 152, Laws of 2020.
[
2020 c 152 s 11
.]
NOTES:
Findings
—
2020 c 152:
See note following RCW 42.17A.417
.