PUBLIC RECORDS - INITIATIVE NO. 276
PUBLIC RECORDS ‑- INITIATIVE NO. 276 1. RCW 42.17.270 requires agencies to make identifiable public records promptly available to the public. To compel with this requirement, agencies should act reasonably expeditiously in light of all the circumstances. 2. RCW 42.17.300 provides that no fee shall be charged for the inspection of public records. This statute prohibits any agency from imposing a charge for searching for and retrieving public records. 3. RCW 42.17.300 permits agencies to impose a reasonable charge for providing copies of public records. This includes actual costs directly incident to copying.
INITIATIVE NO. 276 - LIMITATIONS ON ELECTORAL CAMPAIGN EXPENDITURES
INITIATIVE NO. 276 ‑- LIMITATIONS ON ELECTORAL CAMPAIGN EXPENDITURES (1) The provisions of § 14 (2) of Initiative No. 276 setting limits upon campaign expenditures in connection with ballot propositions apply to excess property tax levy campaigns in all school districts including those having less than 5,000 registered voters. (2) Section 14 (2) of Initiative No. 276 does not limit the total amounts which may be expended by all political committees either in support of, or in opposition to, a school district's excess levy proposition; instead, it separately limits the combined expenditures of all such committees working for the proposition and those of all such committees working against it. (3) The limitation set forth in § 14 (2) of Initiative No.276 for less than state‑wide ballot propositions is based upon the number of voters registered in the constituency in which the election is being held ‑ without regard to the number of voters actually voting on the proposition in question.
INITIATIVE NO. 276 - ELECTIONS - REGULATION OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
INITIATIVE NO. 276 ‑- ELECTIONS ‑- REGULATION OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Elections to which Initiative No. 276 is applicable; meaning of terms; restrictions upon anonymous contributions; reporting requirements for candidates and political committees; reporting requirements for commercial advertisers; procedures for obtaining relief from reporting requirements; use of public facilities in electoral campaigns.
INITIATIVE NO. 276 - SCHOOL DISTRICTS - USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS - LEGISLATURE - ELECTIONS
INITIATIVE NO. 276 ‑- SCHOOL DISTRICTS ‑- USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS ‑- LEGISLATURE ‑- ELECTIONS It is not a violation of § 13 of Initiative No. 276 (RCW 42.17.130 for the board of directors of a school district to allow the facilities of that district to be used by others on a nondiscriminatory basis for the conduct of meetings at which members of the legislature, or others, appear and speak either in favor of, or in opposition to pending ballot proposals or candidates for election to public office.
ELECTIONS - INITIATIVE NO. 276 - FILING FEES AS REPORTABLE EXPENDITURES UNDER INITIATIVE NO. 276
ELECTIONS ‑- INITIATIVE NO. 276 ‑- FILING FEES AS REPORTABLE EXPENDITURES UNDER INITIATIVE NO. 276 A candidate for elective office who is required to pay a filing fee under RCW 29.18.050 must treat that fee as an expenditure under the campaign expenditure reporting requirements of Initiative No. 276.
INITIATIVE NO. 276 - COUNTIES - CITIES AND TOWNS - POLICE RECORDS
ACCESS TO POLICE RECORDS UNDER THE INITIATIVE A discussion of the extent to which the provisions of RCW 42.17.310(1)(d) and (e) prohibit public access to police records.
ELECTIONS - INITIATIVE NO. 276 - CAMPAIGN FINANCING
APPLICABILITY OF INITIATIVE No. 276 TO CANDIDATES FOR FEDERAL OFFICE RCW 42.17.030-42.17.120 and RCW 42.17.240 are inapplicable to candidates seeking election to United States Senate or House of Representatives because of the federal preemption contained in Public Law 93-443.
INITIATIVE NO. 276 - COMMUNITY COLLEGES
USE OF COMMUNITY COLLEGE FACILITIES IN CONNECTION WITH POLITICAL CAMPAIGNS Lawfulness of the expenditure of funds or use of facilities by a community college for the purpose of conducting a campaign for the support of or opposition to a political campaign or issue; legal status of certain political science course in practical politics as offered by North Seattle Community College; use by students of work product of such course; constitutional ability of the legislature to regulate or prohibit the conduct of a given course of study by a community college.
ELECTIONS - INITIATIVE NO. 276 - CAMPAIGN FINANCING
APPLICABILITY OF INITIATIVE NO. 276 TO CANDIDATES FOR FEDERAL OFFICE(1) Although it remains unclear that RCW 42.17.240 is now unenforceable with respect to candidates seeking election to the United States Senate or House of Representatives, in view of the legal opinion of federal counsel on this question the attorney general will, if requested, present the matter before the courts for adjudication; to the foregoing extent only, AGLO 1976 No. 27 [[to Graham E. Johnson, Administrator, Public Disclosure Commission on April 5, 1976 an Informal Opinion, AIR-76527]]is withdrawn.
INITIATIVE NO. 276 - PUBLIC RECORDS
DEPARTMENT OF REVENUE'S ACCESS TO CERTAIN LIQUOR CONTROL BOARD RECORDS Read in the light of Initiative No. 276, RCW 66.16.090 does not now prohibit the liquor control board or its employees from disclosing the identity of, or permitting examination of its records regarding liquor sales to, purchasers of liquor for resale by the drink under RCW 66.24.420-66.24.450; the contents of those records may properly be disclosed to the department of revenue in response to an administrative subpoena issued pursuant to RCW 82.32.110 and such action will not be violative of the protective provisions of RCW 42.17.260.
INITIATIVE NO. 276 - COUNTIES - CITIES AND TOWNS - POLICE RECORDS
ACCESS TO POLICE RECORDS UNDER THE INITIATIVE(1) Under the provisions of RCW 42.17.260 ‑ 42.17.310, a determination that certain records in the custody of a city police department do, or do not, contain specific intelligence information or the identity of persons who file complaints with investigative, law enforcement, or penology agencies will not, by and of itself, establish whether the records involved may legally be disclosed to the news media or other members of the public; instead, in each case a further determination must be made, on the basis of the facts of the particular case, whether disclosure will violate an individual's right of personal privacy or a vital governmental interest.
INITIATIVE NO. 276 - PUBLIC RECORDS
ACCESS TO LISTS OF INDIVIDUALS (1) If the welcome service requests the name of individuals who are identified as new to the area on public records, and receives such names in list form, it is requesting a list of individuals for a commercial purpose under RCW 42.17.260(5) with the consequence that a public agency without specific authority by law to provide the list is precluded from doing so by that section. (2) The answer to the first question is not modified in any way by the conclusions that (a) the agency would probably be required to make the same information available to raw (nonlist) ‑ form‑-of AGLO 1973 § 113 [[to George Sellar, State Senator on December 12, 1973, an Informal Opinion, AIR-73613]], and (b) the most economical, practical, and indeed perhaps only way to make the information available is in list form.
INITIATIVE NO. 276 - OFFICES AND OFFICERS - LEGISLATORS
FINANCIAL DISCLOSURE (1) If a state legislator receives compensation for preparing, supporting or opposing particular legislation he is required to report that compensation under RCW 42.17.240(1)(e). (2) The person making the payments thus referred to is required to report those payments as a lobbyist under RCW 42.17.170(2)(a). (3) Funds received by a legislative candidate during his electoral campaign are to be reported as contributions under RCW 42.17.08-42.17.090 where paid with the understanding that the funds are to "cover" the candidate's time spent as such.
INITIATIVE NO. 276 - ELECTIONS
APPLICABILITY TO NEGATIVE POLITICAL COMMITTEES A "political committee", within the meaning of Initiative No. 276, is not merely an organization which is formed for the purpose of supporting particular candidates for public office but, in addition, as defined in RCW 42.17.020(22), the term also includes an organization which receives contributions or makes expenditures in opposition to any candidate or ballot proposition.
INITIATIVE NO. 276 - ADMINISTRATIVE CODE - OFFICES AND OFFICERS - STATE
WOMEN'S COUNCIL (1) The term "state agency" as used in RCW 42.17.250 includes, in addition to all of the various statutory state boards and commissions, such nonstatutory boards as the Washington state women's council. (2) While the descriptive rule contemplated by RCW 34.04.020 (2), the state administrative procedures act, is among the items covered by RCW 42.17.250, it is not the only thing which state agencies are required to publish by reason of that section of Initiative No. 276.
INITIATIVE NO. 276 - LEGISLATURE - BUDGET
SUBMISSION OF BUDGET REQUEST TO LEGISLATURE (1) When requested by a committee or member of the legislature, a state agency may disclose to that committee or member information relating to programming, revenue, spending or other fiscal matters involving that agency. (2) The authorized means for state agencies to communicate their budget requests to the legislature in the absence of such a request by a committee or member of the legislature is through certain procedures set forth in the state budget and accounting act.
INITIATIVE NO. 276 - OFFICERS AND OFFICERS - REPORTS OF FINANCIAL INTEREST - PUBLIC RECORDS
INITIATIVE NO. 276 ‑- OFFICERS AND OFFICERS ‑- REPORTS OF FINANCIAL INTEREST ‑- PUBLIC RECORDS (1) Section 24 (1) (e) of Initiative No. 276 is applicable to the prosecuting attorney of a county with respect to his preparation of legislation for his county. (2) In order to comply with the reporting requirements of § 24 (1) (f) of Initiative No. 276, in the case of a prosecuting attorney, it will be sufficient simply to include that during the reporting period the individual performed the duties and functions of prosecuting attorney of his county in return for his statutory compensation. (3) Section 26 (1) of Initiative No. 276 requires each county to adopt rules governing the availability for public inspection and copying of its public records.
LOBBYISTS - INITIATIVE NO. 276 - REGULATION OF
LOBBYISTS ‑- INITIATIVE NO. 276 ‑- REGULATION OF During the pendency of the temporary injunction entered by the Thurston County Superior Court in Fritz, et al. v. Gorton, et al., (1) Any lobbyist may elect to continue operating under the provisions of Initiative No. 276 during the period covered by the court's present order, in which case he will not be required to register or otherwise conduct himself as called for in Referendum Bill No. 24; or (2) Any such lobbyist may, instead, comply with the registration and reporting requirements of the referendum bill to the extent that they also cover his particular lobbying activities, in which case he will be excused from compliance with the initiative during the period covered by the court's order.
LOBBYIST - REPORTING - EXCEPTIONS - GRASS ROOTS LOBBYING - INITIATIVE NO. 276 - WHO MUST REPORT
LOBBYIST ‑- REPORTING ‑- EXCEPTIONS ‑- GRASS ROOTS LOBBYING ‑- INITIATIVE NO. 276 ‑- WHO MUST REPORT State agency lobbying under Initiative No. 276; exception of governor from reporting under § 19 (3); contents of reports required by other state offices.
INITIATIVE NO. 276 - AMENDMENT - VOTE OF TWO-THIRDS OF ALL OF THE MEMBERS ELECTED TO EACH HOUSE OF THE LEGISLATURE
INITIATIVE NO. 276 ‑- AMENDMENT ‑- VOTE OF TWO-THIRDS OF ALL OF THE MEMBERS ELECTED TO EACH HOUSE OF THE LEGISLATURE Senate Bill No. 2697, currently pending before the legislature, does constitute a proposed amendment to Initiative No. 276 so as to cause this bill to be subject to the restriction of Article II, § 41 (Amendment 26) of the state Constitution that no law approved by a majority of the electors voting thereon shall be subject to amendment during the first two years following its enactment except by a vote of two-thirds of all of the members elected to each house of the legislature.
INITIATIVE NO. 276 - REPORTING OF FINANCIAL INTERESTS - ELECTIVE OFFICES CITY OF SEATTLE - COMPLIANCE WITH CITY ORDINANCE
INITIATIVE NO. 276 ‑- REPORTING OF FINANCIAL INTERESTS ‑- ELECTIVE OFFICES CITY OF SEATTLE ‑- COMPLIANCE WITH CITY ORDINANCE (1) The provisions of Initiative No. 276 which require candidates for public office to make reports of their financial interests and of their campaign contributions and expenditures are applicable to election campaigns for the various elective offices of the city of Seattle even though certain of these matters are also currently regulated by an ordinance of that city. (2) The existing Seattle city ordinance relating to campaign financing, unless it is in conflict with Initiative No. 276 in some respect, must be deemed still to be of full force and effect ‑ along with the initiative ‑ insofar as any election campaigns which are regulated by its provisions are concerned.
INITIATIVE NO. 276 - LEGISLATURE - LOBBYING
ACTIVITIES OF CITIZENS ADVISORY COMMITTEE The members of a citizens advisory committee will only be required to register and report as lobbyists under Initiative No. 276 if (1) their activities are such as to constitute "lobbying" as defined in RCW 42.17.020(16), and (2) they are compensated in connection with those activities in a manner other than as employees of the legislature.
INITIATIVE NO. 276 - PUBLIC RECORDS - FEES - CORPORATIONS
INITIATIVE NO. 276 ‑- PUBLIC RECORDS ‑- FEES ‑- CORPORATIONS (1) The provisions of RCW 42.17.300 which relate to the charges that may be imposed for providing copies of certain "public records" under Initiative No. 276 do not supersede the preexisting fees for copies of UCC security transaction filings under RCW 62A.9-407 or of corporation papers under RCW 23A.40.030, RCW 24.03.410 and RCW 24.06.455 in any cases because those documents do not constitute "public records" within the meaning of that initiative.
(2) RCW 42.17.300 does not supersede the preexisting fees for copies of state records provided for in RCW 43.07.120 in those cases where the individual seeking such copies is asking for them as a matter of right under RCW 43.07.030(7), supra, rather than merely requesting to inspect them and then to be allowed to use the secretary of state's facilities to himself make the copies he desires.
INITIATIVE NO. 276 - RECORDS
PUBLIC UTILITY DISTRICTS It is not a violation of Initiative No. 276 for a public agency to allow its public records to be examined by others for the purpose of compiling lists of information contained in those records; however, the agency itself is prohibited by the initiative from making and selling or giving away those lists.
INITIATIVE NO. 276 - ELECTIONS - FUNDS - POLITICAL COMMITTEE
CONTRIBUTIONS An organization dealing with its own funds does not become a "political committee" under RCW 42.17.020(22), merely by making contributions of those funds to or in support of a candidate for public office or ballot proposition; such an organization, however, will constitute a political committee if it receives contributions from others which, with the actual or constructive knowledge of the contributors, are set aside to be used for the support of such candidates or proposition.