FROM: Doug Ellis, Director of Public Outreach

DATE: December 14, 2004

SUBJECT: Lobbying by Public Agencies
As you no doubt are aware, state and local agencies that lobby the State Legislature (and local agencies that lobby state agencies) must file quarterly L-5 reports with the Public Disclosure Commission (PDC) showing the costs associated with this activity. The L-5 disclosing reportable lobbying expenditures incurred during October through December, 2004, must be mailed or hand-carried to PDC by Monday, January 31, 2005.

The instruction manual and blank forms covering public agency lobbying can be accessed on our web site at www.pdc.wa.gov under Filer Assistance.

Please note that the statute governing lobbying by state and local agencies is very restrictive. In fact, the law prohibits using public funds directly or indirectly to influence the passage or defeat of legislation (including any matter that may be the subject of action before the legislature), unless express authority exists elsewhere in law or unless the lobbying activity is restricted to:

Communicating with legislators at the member's request;
Requesting necessary legislative action or appropriations through proper official channels;
Providing information to legislators or staff on matters pertaining to official agency business; or
Advocating the official position or interests of the agency.

These restrictions mean that public funds may not be used for grass roots lobbying or any other method of indirect lobbying.

The law also prohibits spending public funds as a direct or indirect gift or campaign contribution to any elected official or officer or employee of any agency. The applicable statutory definition of gift is very broad and includes food, beverages or entertainment.

If you have questions, please contact me or call a political finance specialist at (360) 753-1111 or toll free 1-877-601-2828.