washington - Lobbyists.info

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WASHINGTON
Indirect (Grassroots)
Lobbying
Local
Lobbying
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Direct
Lobbying
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The Washington Public Disclosure Commission has enforcement authority over lobbyists and lobbying
activities. Lobbying activity is governed by the Public Disclosure Law (ch. 42.17 of the Revised Code
of Washington.)
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Legislative Branch Executive Branch
Covered
Covered
Lobbyists
Register
Principals
Register
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Washington Lobbying at a Glance
I. What is the Definition of Lobbying?
Washington state lobbying law regulates direct and indirect attempts to influence the legislative and executive branches of state government.
Lobbying is defined as attempting to influence the passage or defeat of any legislation or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under
the Administrative Procedure Act.1
Legislation includes bills, resolutions, motions, amendments, nominations, and any other matters that
are pending, proposed or which may be subject to action by the state legislature. Legislation also includes all bills and resolutions that are pending approval by the governor.2
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Wash. Rev. Code § 42.17A.005(31) (2012).
Wash. Rev. Code § 42.17A.005(29) (2012).
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The State Lobbying Compliance Handbook: A Practitioner’s Guide
II. Who Must Register?
Lobbyists must register with the Public Disclosure Commission.3 The registration must occur before
engaging in any lobbying activity, or within thirty (30) days of being employed as a lobbyist, whichever
comes first.4 Registrations expire on the second Monday of January in each odd-numbered year.5
The term lobbyist is defined as any person who lobbies on behalf of another or on his/her own behalf.6
A lobbyist employer is the person who compensates a lobbyist for acting as a lobbyist and on whose
behalf the lobbyist lobbies.7
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The lobbyist must submit written authorization from each of the lobbyist’s employers confirming the
engagement.8
When a lobbyist is employed by an entity whose members include, or when the entity’s lobbyist lobbies
for, business, groups, associations or organizations, the lobbyist must include in his registration documents the name and address of each member of the lobbyist’s client who has paid the client more than
$500 in the past two years or which owes $500 in the current year. This applies to lobbyists whose employers are businesses or trade associations.9
At the time of filing a registration, a lobbyist must submit a recent photograph of himself with the name
of the lobbyist’s employer, the duration of the lobbyist’s employment and a brief biographical description and any other information the lobbyists wishes to submit, limited to fifty words. This information
will be published biennially by the Commission for distribution to legislators and the public.10
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The name address, business or occupation of the sponsor and the name, address, and title of
persons responsible for managing the sponsor’s affairs;
All persons involved in organizing and managing the campaign, including those individuals and
firms hired to assist the campaign, must have their name, address, business or occupation and
compensation paid disclosed;
Names and addresses of those who contribute in the aggregate more than $25 to the campaign; and,
All expenditures made on behalf of the campaign during the reporting period must be disclosed
and divided into the following categories:
{ Contributions;
{ Entertainment, including food and refreshments;
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A sponsor of a grassroots lobbying campaign is neither a registered lobbyist nor a candidate, but is a
person or an entity who presents a program to the public exceeding $1000 in aggregate expenditures
in a three month period or $500 in a one month period which is intended primarily to influence legislation.11 A sponsor of a grassroots lobbying campaign must register within 30 days of qualifying as a
sponsor.12 The registration must show:
Wash. Rev. Code § 42.17A.600(1) (2012).
Wash. Rev. Code § 42.17A.600(1) (2012).
Wash. Rev. Code § 42.17A.600(4) (2012).
Wash. Rev. Code § 42.17A.005(31) (2012).
Wash. Rev. Code § 42.17A.005(32) (2012).
Wash. Rev. Code § 42.17A.600(1)(g) (2012).
Wash. Rev. Code § 42.17A.600(1)(i) (2012).
Wash. Rev. Code § 42.17A.605 (2012).
Wash. Rev. Code § 42.17A.640(1) (2012).
Wash. Rev. Code § 42.17A.640(2) (2012).
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Office expenses including rent and salaries;
Consultants; and
Printing and mailing expenses.13
III. Are There Any Exemptions?
The following individuals and activities are exempt from registration and reporting:
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Persons whose lobbying activity is limited to appearing before public sessions or hearings of the
legislature and/or state agencies;
Activities by lobbyists and persons whose participation has been solicited by an agency under
the negotiated rulemaking or pilot program rules of Wash. Rev. Code § 34.05.310(2);
News or feature reporting activities and editorial comment by members of the media;
Persons who lobby without compensation or consideration, if the person does not make an
expenditure for or on behalf of a member of the legislature or public official in connection with
lobbying;
Persons whose lobbying is limited to no more than four days (or partial days) during a three
month period and whose total expenditures for or on behalf of a member of the legislature or
public official in connection with lobbying during the three month period do not exceed $25; or
Certain other enumerated public officials or employees.14
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IV. What Reports Must Be Filed?
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Washington’s lobbying disclosure scheme has several different types of reports by various types of entities. Lobbyists are required to file monthly lobbying disclosure reports, which are due on the 15th of
each month.15 Clients file an annual report.16 Public bodies that engage in lobbying report quarterly,
while entities engaged in a grassroots lobbying campaign file on the 10th of each month.17 In addition,
reports of campaign contributions are also required of some entities.
Report Deadlines
Coverage Period
10th of each month- Grassroots lobbying report
Prior month
15th of each month- Lobbyist report
Prior month
February 28- Employer annual report
Prior year
Quarterly- Public body reports
Prior calendar quarter
Information reported on the lobbyist reports includes:
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Totals of all expenditures for lobbying activities categorized as compensation, food and refreshments, living accommodations, advertising, travel, contributions, and other;
Expenditures in excess of $25 for entertainment identified by date, place, amount, and the
names of all persons taking part, along with the amount attributable to each person;
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§ 42.17A.640(2) (2012).
§ 42.17A.610 (2012).
§ 42.17A.615(1) (2012).
§ 42.17A.630(1) (2012).
§§ 42.17A.635; 42.17A.640 (2012).
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An itemized list of each contribution of money or of personal property to 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, including amounts contributed by the lobbyist
personally and those which the lobbyist transmits or delivers to the recipient including the date,
amount, and name of recipient/ beneficiary;
Subject matter of lobbying;
Expenditures for food and beverage in excess of $50 on a single occasion;
Expenditures for travel by a public official associated with a speaking engagement in one’s official capacity or an educational seminar or program;
Expenditures for political advertising; and
Expenditures for public relations, telemarketing, or polling activity that is intended to influence
covered legislative or administrative action.18
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Lobbyists who are employed by more than one employer must allocate expenditures between their clients.19
Notice must be provided to anyone who will be identified on a lobbyist’s report as having received a
contribution, food or beverage, or travel expenses.20
If a lobbyist makes aggregate campaign contributions of more than $1,000 to a single entity during the
pre-election periods, he must file a report of those contributions with the Commission.21
The employer annual report is required of any lobbyist employer, and any other entity that made contributions in excess of $16,000 or independent expenditures in excess of $800 during the prior year.22
The report is due on the last day of February.23 The report must include:
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Name of any elected state official, candidate, or their immediate family to whom the reporting
person paid compensation of $800 or more for personal employment or professional services
and the services provided for such compensation;
The name of each elected state official, candidate or their immediate family member to whom the
reporting person made expenditures, including the amount and purpose of such expenditures;
The total expenditures made for lobbying;
All contributions to political committees either for or against a candidate for state office or for
a ballot proposition;
All registered lobbyists employed by the client and the lobbyists’ name, address and total
expenditures made by the client for lobbying purposes;
The identification of any candidate for state office supported or opposed by independent
expenditures of the person reporting and the amount of each expenditure; and
The identification of any statewide ballot proposition supported or opposed and the amount of
each expenditure.24
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Unless reported by a lobbyist, an employer who makes contributions of more than $100 in any calendar month must file a special report with the Commission by the 15th day of the succeeding month.25
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42.17A.615(2) (2012).
42.17A.615(2)(b) (2012).
42.17A.620 (2012).
42.17A.625 (2012).
42.17A.630(1) (2012).
42.17A.630(1) (2012).
42.17A.630(1) (2012).
42.17A.630(2)(a) (2012).
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Public bodies that engage in lobbying activity, including a state agency, county, city, town, municipal
corporation, quasi-municipal corporation, or special purpose district using public funds for lobbying
have the option of reporting lobbying activities on a separate quarterly report.26 (Note that this applies
only to employee lobbyists, and contract lobbyists must still file traditional lobbying reports). The alternative report must include the following information for the preceding quarter:
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Name of agency;
Each official or employee who lobbied, their title, job description, salary and name and a general description of the lobbying to be done and the proportionate amount spent; and
A list of all lobbying expenditures including travel, consultant or contractual services and publications the purpose of which is to influence legislation.27
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A sponsor of a grassroots lobbying campaign must report their activities by the 10th of each month.28
The report must include an updated listing on the information contained in the registration, as well as a
list of all contributions received and the total amount of expenditures made during the covered month.29
V. What are the Gift Rules?
As a general rule in Washington, no public official or employee may receive or accept, directly or indirectly, anything of economic value (including gifts), if the receipt of such gift could be reasonably expected
to influence the actions of the recipient or reward for action or inaction.30
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A gift is defined as anything of economic value for which no consideration is given.31
A gift does not include any of the following:
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Items from family members or friends where it is clear beyond a reasonable doubt that the gift
was not made as part of any design to gain or maintain influence in the agency of which the
recipient is an officer or employee;
Gifts that are customary for the recipients private business affairs and unrelated to the recipient’s performance of their official duties;
Gifts exchanged between public officials or events for coworkers where a state officer or employee is the host or sponsor;
Reasonable expenses paid by a governmental or nongovernmental entity in connection with a
speech, presentation, appearance, or trade mission made in an official capacity including reasonable payments for travel, lodging, and subsistence expenses incurred the day before through
the day after the event;
Gifts state officers and employees are permitted to accept under the law;
Payment of enrollment, course fees, and reasonable travel expenses for the cost of attending
seminars and educational programs that are sponsored by, for example, governmental or nonprofit professional associations (“reasonable expenses” include payments for travel, lodging,
and subsistence expenses incurred the day before through the day after the event);
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Wash. Rev. Code § 42.17A.635(5)-(6) (2012).
Wash. Rev. Code § 42.17A.635(5) (2012).
Wash. Rev. Code § 42.17A.640(3) (2012).
Wash. Rev. Code § 42.17A.640(3) (2012).
Wash. Rev. Code § 42.52.140 (2012).
Wash. Rev. Code § 42.52.010(10) (2012).
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Gifts the recipient either returned to the donor or gifts donated to a charitable organization
within thirty days of receipt;
Properly reported campaign contributions;
Discounts that are otherwise available to individual members of an employee group, occupation, or similar broad-base group; or
Awards, prizes, scholarships, that are given to honor academic or scientific achievement.32
In addition, with respect to gifts which are permissible, the general rule is that a state officer or state employee may not accept gifts, with an aggregate value in excess of $50 from a single source in a calendar
year or a single gift from multiple sources with a value in excess of $50.33 However, the following items
are exempt from the $50 limit:
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Unsolicited floral arrangements;
Pens and notepads and other items that when unsolicited are promotional and of nominal
value;
Plaques, trophies, desk items, wall mementos or similar items that are unsolicited and are given
as awards or tokens of appreciation;
Items received for the public official’s review and evaluation when they are unsolicited and the
public official does not have a personal interest in the eventual use of the item;
Informational material, publications or subscriptions related to the recipients’ performance of
their official duties;
Food and beverages consumed when a public official attends a hosted reception that is related
to his public duties;
Gifts or transfers of real or personal property without compensation that are deposited in the
international trade account;
Gifts or any transfer of real property without compensation that are accepted for the purpose
of promoting and expanding tourism;
Gifts or any transfer of real or personal property without compensation, solicited on behalf
of a national legislative association, official conferences of the national lieutenant governors’
association, or host committee for the purpose of hosting an official conference under specific
statutory criteria;
Costs associated with admission to, and the cost of food and beverages consumed at, events
sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
Unsolicited personal gifts from foreign or national dignitaries.34
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If acceptance of a meal is related to the performance of official duties and is in the ordinary course of
meals, then the public officer or public employee may accept food and beverage on infrequent occasions.
If the meal exceeds $50 or any gift of food or beverage exceeds $50, that expense must be reported on
lobbying reports.35
Despite the exceptions above, a state officer or state employee of a regulatory agency or of an agency
that seeks to acquire goods or services who participates in those regulatory or contractual matters may
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42.52.010(10) (2012).
42.52.150(1) (2012).
42.52.150(2) (2012).
42.52.150(5) (2012).
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only receive and accept, directly or indirectly, the following items from a person regulated by the agency
or from a person who seeks to provide goods or services to the agency:
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Pens and notepads and other items that, when unsolicited, are promotional and only have
nominal value;
Plaques, trophies, desk items, wall mementos or similar items that are unsolicited and are given
as awards or tokens of appreciation;
Items received for the public official’s review and evaluation when they are unsolicited and the
public official does not have a personal interest in the eventual use of the items;
Informational material, publications or subscriptions when related to the recipients’ performance of their official duties;
Food and beverages when a public official attends a hosted reception that is related to his public duties;
Costs associated with attending events sponsored by or in conjunction with a civic, charitable,
governmental, or community organization; and
Those items excluded from the definition of gift (see above) except that the following are still
prohibited:
{
{
Reasonable expenses paid by a governmental or nongovernmental entity in connection with
a speech, presentation, appearance, or trade mission made in an official capacity.
Payment of enrollment, and course fees, and reasonable travel expenses for the cost of
attending seminars and educational programs that are sponsored by, for example, governmental or nonprofit professional associations; and
Floral arrangements.36
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{
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Wash. Rev. Code § 42.52.150(4) (2012).
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Washington Lobbyist Registration, Form L1
Washington Lobbyist Identification Form
Washington Lobbyist Monthly Expense Report, Form L2
Washington L-2 Memo Report
Washington Employer’s Lobbying Expenses, Form L3
Washington Lobbying by State and Local Government Agencies, Form L-5
Washington Grass Roots Lobbying, Form L-6
Washington Employers of State Legislators State Officers or State Employees, Form L7
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WASHINGTON FORMS
PUBLIC
1.
DISCLOSURE COMMISSION
711 CAPITOL WAY RM 206
PO BOX 40908
OLYMPIA WA 98504-0908
(360) 753-1111
TOLL FREE 1-877-601-2828
THIS SPACE FOR OFFICE USE
LOBBYIST REGISTRATION
(12/03)
Lobbyist Name
Business Telephone Numbers
Permanent Business Address
City
State
Zip
Employer’s name and address (person or group for which you lobby)
4.
Name and address of person having custody of accounts, receipts, books or other documents which substantiate
lobbyist reports. (Person responsible for producing the annual L3 report)
5.
What is your pay (compensation) for lobbying?
7.
$ _________
per ________
I am reimbursed for expenses.
I am not reimbursed for expenses.
)
Cell Phone
or Pager
(
)
E-Mail Address
Sole duty is lobbying
Lobbying is only a part
of other duties
Does employer pay any of your lobbying expenses directly?
If yes, explain which ones.
How long do you expect to lobby for this organization?
Permanent lobbyist
8.
(
Full time employee
Part time or temporary employee
Contractor, retainer or similar agreement
Unsalaried officer or member of group
Are you reimbursed for lobbying expenses? Explain which expenses.
Yes:
Yes:
No:
Temporary
Description of employment (check one or more boxes)
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)
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Other: Explain:
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Employer’s occupation, business or description of
purpose of organization
Temporary Thurston County address during legislative session
per ___________
(hour, day, month, year)
Permanent
E-Mail Address
2.
$ _________
L1
Only during legislative session
Other, Explain:
Is your employer a business or trade association or similar organization which lobbies on behalf of its members? If “yes,” attach a list showing the name and address of each
member who has paid the association fees, dues or other payments over $500 during either of the past two years or is expected to pay over $500 this year.
No
Yes. However, no member has paid, pays, or is expected to pay over $500.
Yes. The list is attached
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9. Does your employer have a connected, related or closely affiliated political action committee which will provide funds for you to make political contributions including purchase
tickets to fund raising events? If so, list the name of that political action committee.
No
Yes. Name of the committee is:
10. If lobbyist is a company, partnership or similar business entity which employs others to perform actual lobbying duties, list name of each person who will lobby. (See WAC 390-20143 and 144 for instructions.)
11. Areas of interest. Lobbying is most frequent before legislative committee
members or state agencies concerned with following subjects:
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SUBJECT
Agriculture
Business and consumer affairs
Constitutions and elections
Education
Energy and utilities
Environmental affairs - natural
resources - parks
Financial institutions and insurance
Fiscal
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SUBJECT
Higher education
Human services
Labor
Law and justice
Local government
State government
Transportation
Other – Specify:
CERTIFICATION: I hereby certify that the above is a true, complete and correct
statement.
12. LOBBYIST’S SIGNATURE
Remarks:
DATE
EMPLOYER’S AUTHORIZATION: Confirming the employment authority to lobby described
in this registration statement.
EMPLOYER’S SIGNATURE, NAME TYPED OR PRINTED, AND TITLE
DATE
NOT VALID UNLESS SIGNED BY BOTH
LOBBYIST IDENTIFICATION FORM
NAME:
BUSINESS ADDRESS:
PHONE:
OLYMPIA ADDRESS:
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EMPLOYERS’ NAMES:
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PHONE:
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YEAR FIRST EMPLOYED AS A LOBBYIST:
BIOGRAPHY:
INSTRUCTIONS
Attach this page to your L-1 registration.
Attach 2” X 2” passport type, black and white photo. Photo should be head and shoulders, full face, and taken within last 12
months.
Please write, lightly in pencil, name on back of photo before attaching.
Photos will not be returned.
Please see instruction booklet for example of biography. List all employers on this page if you have more than one
employer. If you later add additional employers, PDC will include them for you.
Please use typewriter to complete this page.
PDC FORM l-1, PAGE 2 (Rev. 3/91)
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PUBLIC
PO BOX 40908
(360) 753-1111
TOLL FREE 1-877-601-2828
L3
Employer’s
Lobbying Expenses
1/09
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THIS REPORT MUST BE FILED BY THE LAST DAY OF FEBRUARY. Include expenditures made and accrued during the previous calendar year for lobbying the
Washington State Legislature and/or any state agency. Complete all sections. Use “none” or “0” when applicable.
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(RUPRUH
PUBLIC
PO BOX 40908
(360) 753-1111
TOLL FREE 1-877-601-2828
PDC FORM
L-5
(Rev 1/12)
LOBBYING BY STATE AND LOCAL
GOVERNMENT AGENCIES
Instructions Are Printed On Reverse
Agency or Governmental Entity Name and Address
Date prepared
Report for calendar
quarter ending
County
Month
Year
PERSONS WHO LOBBIED THIS QUARTER
Annual salary
Job title
PL
E
Name
% of time spent lobbying
during quarter
$
General description of lobbying activities or objectives. (Include bill or WAC numbers, if any)
Check if person spent more than $15 of non-public funds in lobbying. See instructions on reverse.
Name
Annual salary
Job title
during quarter
$
M
Name
Job title
Annual salary
during quarter
$
SA
EXPENDITURES FOR LOBBYING THIS QUARTER
Report only the separately identifiable and measurable expenditures incurred for lobbying purposes
Salaries Of Persons Who Lobbied (Include only portion of quarterly salary attributable to lobbying)
Travel (Include food, lodging, per diem payments and cost of transportation used)
Brochures And Other Publications Whose Principal Purpose Is To Influence Legislation
Consultants Or Other Contractual Services
Total This Quarter
Total To Date This Year
CERTIFICATION: I certify that to the best of my knowledge the above is a
true, complete and correct statement in accordance
with RCW 42.17A.635.
Name of employee completing report
Signature of agency head
Work telephone Number
$
$
$
$
$
$
Work E-mail
Attach additional sheets if more room is required
L-5
NONͲPUBLICFUNDSATTACHMENT
AgencyorGovernmentalEntityName
Report for calendar quarter ending
Month
Year
Expendituresover$15ofnonͲpublicfunds
NameofLobbyist:
SourceoffundsPersononWhomFundsSpent
PL
E
M
SA
Date
Purpose:
Date
Purpose:
Date
Purpose:
Date
Purpose:
Date
Purpose:
Date
Purpose:
Date
Purpose:
Date
Purpose:
Amount
Amount
Amount
Amount
Amount
Amount
Amount
Amount
L-5
SERVICESATTACHMENT
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
Date
Purpose
Name
Amount
M
SA
Year
PL
E
Month
L-5
TRAVELATTACHMENT
Month
Year
Name VendorName
Amount
Date
Purpose
Name VendorName
Amount
Date
Purpose
Name VendorName
Amount
Date
Purpose
Name Date
Purpose
Name Date
Purpose
Name Date
Purpose
Name Date
Purpose
Name Date
Purpose
Name Date
Purpose
Name Date
Purpose
Date
Purpose
PL
E
Date
Purpose
VendorName
Amount
VendorName
Amount
VendorName
Amount
VendorName
Amount
VendorName
Amount
VendorName
Amount
VendorName
Amount
Name VendorName
Amount
Name VendorName
Amount
SA
M
M
SA
PL
E
M
SA
PL
E
M
SA
PL
E
PUBLIC
PO BOX 40908
(360) 753-1111
TOLL FREE 1-877-601-2828
L7
TO BE FILED BY
EMPLOYERS OF STATE LEGISLATORS
STATE OFFICERS OR
STATE EMPLOYEES
1/12
EMPLOYER’S NAME AND BUSINESS ADDRESS
POSTMARK
AMENDS
REPLACES
DATE PREPARED:
PREVIOUS FILING
PREPARED (DATE)
PL
E
ITEM
1
THIS FORM
NAME OF PERSON BEING EMPLOYED
DATE RECEIVED
NATURE OF EMPLOYMENT BY REPORTING EMPLOYER
ITEM
3
AMOUNT AND NATURE OF PAY OR CONSIDERATION
ITEM
4
NATURE OF STATE OFFICE OR EMPLOYMENT
SA
M
ITEM
2
INSTRUCTIONS
WHO SHOULD FILE THIS FORM: Any person registered or required to be
registered as a lobbyist under this act or any employer of any person registered or
required to be registered as a lobbyist under this act, who employs a member of
the legislature, an employee of the legislature, a member of a state board or
commission, or a full time state employee, if that employee remains partially
employed by the state.
CERTIFICATION: I hereby certify under oath, that the above is a true,
complete and correct statement in accordance with RCW 42.17A.645.
SIGNATURE
FILING DEADLINE: Within 15 days after commencement of employment.
FORM TO BE SUBMITTED TO: Public Disclosure Commission.
TITLE
DATE
EXCERPT FROM PUBLIC DISCLOSURE LAW
RCW 42.17A.645 — Employment of legislators, board or commission members, or state employees -- Statement, contents.
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.

washington - Lobbyists.info

Transcription

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