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Lobbyist Instructions

This information is designed to provide the disclosure requirements and filing information that lobbyists need to know.  The contents have been distilled from the requirements set out in RCW 42.17A and Title 390 WAC, as well as the Public Disclosure Commission's declaratory orders and interpretations. Care has been taken to make the instructions accurate and concise.  Nevertheless, the instructions do not take the place of local, state, or federal laws.  Please contact the Public Disclosure Commission staff if you need additional information or have questions.

Basic Information

Introduction

With the approval of Initiative 276 In 1972, the people of Washington State declared that lobbying expenditures must be fully disclosed if secrecy in government is to be avoided and public confidence in the fairness of governmental processes is to be enhanced.  A 2008 survey of registered voters conducted by a University of Washington graduate student found that the policy objectives of I-276 were still important with the most important issues being who is paying lobbyists and having access to that information.

The law seeks to place on the public record the identity of those who lobby state government, their employers and the nature, magnitude and intensity of the effort devoted to lobbying reflected through expenditures.  The focus is on money.  Citizens who petition their state government – through personal contact, telephone calls, letters and e-mails without payment of any kind and without spending funds to benefit public officials are not subject to the law.  Persons who are paid to lobby are generally subject to registration, as are those who make lobbying-related expenditures.  The Public Disclosure Commission does not regulate federal or local government lobbying.

For those lobbyists who must register and report under the law, the key to complying is in keeping detailed records of all funds received and spent for lobbying.  Once registered, lobbyists file monthly reports of their activity until their registration expires or is terminated.  A report must be filed even if the lobbyist did not lobby and therefore has no activity to disclose for a particular month.  

Definitions - RCW 42.17A.005

Lobby & Lobbying:

Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or otherwise legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW.

Neither lobby nor lobbying includes an association’s or other organization’s act of communicating with the members of that association or organization. 

Legislation:

Bills resolutions, motions, amendments, nomination, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.

Lobbying the Legislature -

Most people realize that contacting state lawmakers with a request to support or oppose specific legislation is a reportable activity. But under state law, there are additional kinds of lobbying that are reportable. Since "legislation" includes "any other matter that may be the subject of action" by the Legislature, lobbying can include contacts about potential legislation as well as efforts to educate legislators about an issue and the organization's role in it. What's more, efforts to inform, sway, convince or otherwise influence the action or inaction of legislative staff are lobbying. Staff recommendations regarding legislation play a significant role in the legislative process, and contacts with and expenditures on legislative staffers are reportable. 

Lobbying State Agencies -

Lobbying state agencies is sometimes overlooked as being reportable.  Many agencies have authority to set rates, establish standards to regulate industries and occupations and adopt rules that become part of the Washington Administrative Code (WAC).  Attempting to influence state agencies with respect to the “legislative” functions – setting rules, rates or standards – is lobbying and must be reported.

 

Lobbying Records & Retention

Retention:

Keep all accounts, bills, receipts, books, papers, and other documents that substantiate lobbyist reports for five years.  However, if the lobbyist is required, as part of his or her employment agreement, to turn all records over to the employer, the employer must keep them for five years.  RCW 42.17A.655.

Record Keeping:

The financial reports required from lobbyists and employers mandate that complete, accurate, and detailed records be maintained.  The type of information that needs to be reported is often both greater and different from that found in most financial accounting systems or required by the Internal Revenue Service.  For these reasons, a careful study should be made of the reporting requirements of the Public Disclosure Law to ensure that the record keeping system used will enable both the lobbyist and employer to prepare and substantiate the expense reports.

Given the variety of lobbyists, lobbyist employers and the resources available to them, it is not feasible to suggest a uniform bookkeeping system.  Lobbyists and employers must examine their own planned activities and devise a system that is compatible with their other financial accounting requirements, while still satisfying the reporting requirements of the disclosure law.  The PDC has compiled these hints and suggestions to assist lobbyists with record keeping:

  • Report all compensation and expenses on an accrual basis.  That is, report them for the month in which they were earned or incurred, not necessarily when received or paid.
  • A lobbyist’s report covers a calendar month and a lobbyist employer’s report covers a calendar year.  Books should be established, expense accounts submitted and, where possible, arrangements made with vendors for billing to cover a similar period.
  • Records substantiating reports must be kept for five years from when the report is filed.
  • Separate accounts, subsidiary ledgers or a similar system to segregate or identify expenses for lobbying from other expenses should be established.  A separate bank account and separate credit cards for lobbying-related purchases is recommended as well as labeling lobbying expenses on expense vouchers (or creating a separate voucher with just lobbying expenses).
  • Keep receipts for all purchases.  Annotate receipts with the date of purchase, purpose, and persons in the party.
  • Keep a record of time spent lobbying.  This is especially important for the lobbyist who performs other duties for the employer and the lobbyist who has more than one employer.
  • Assign one person the duty of gathering financial data for lobbying reports.
  • Personnel officers and purchasing agents (as well as the accounting department) of lobbyists and their employers must be alert to the requirement to report employment or business relationships with elected officials, state employees, their families, and firms in which those individuals are officers, directors or major stockholders.  Many lobbyists and employers include a question on employment applications to assist them in determining whether a relationship will be subsequently reportable.  The PDC publishes an annual List of Elected Officials that identifies state officials and the companies with which they are associated.

For special or unusual lobbying activities, involve the accountant or other person completing the expenditure reports during the planning stage.  In this way, any record keeping and reporting problems can be anticipated and remedied more easily.  The PDC staff can often offer suggestions or the lobbyist could request a reporting modification from the Commission.

Penalties for Noncompliance

The intent of the Public Disclosure Law cannot be satisfied unless reports are filed timely and accurately.

The Commission’s general policy for late reports is:

First time in a calendar year – the Commission will issue a warning letter.

Second time in a calendar year – an enforcement hearing is scheduled and the lobbyist is given the opportunity to avoid the hearing by filing the report and paying a $100 penalty.

Third time in a calendar year – an enforcement hearing is scheduled.

Notwithstanding the general policy, an enforcement hearing may be set on the first or second time in the year that a habitually late-filing lobbyist does not file on time.

When the Commission finds a lobbyist in violation of any of the statutory provisions, it may assess a penalty up to $10,000 per violation, unless the parties stipulate otherwise. The Commission also has authority to refer certain violations for criminal prosecution.  In addition, the Commission may revoke or suspend a lobbyist’s registration or refer the matter to the Washington State Attorney General for appropriate action.  The civil remedies and sanctions available to the court are set out in RCW 42.17A.750.

Requests for Reporting Modifications

The Public Disclosure Commission may suspend or modify the reporting requirements of anyone subject to the Act if it decides that the law works a “manifestly unreasonable hardship” on the filer and the modification “will not frustrate the purposes” of the disclosure law. 

If you believe your situation meets these two statutory tests and you can provide convincing arguments to that effect, you may ask the Commission for a reporting modification. 

To apply for a modification, submit a letter or an email (pdc@pdc.wa.gov) that makes clear: 

  • the reasons why reporting the required information would cause a hardship,
  • how a modification would relieve the hardship, and
  • why granting your request would not “frustrate the purposes” of the disclosure law. 

Send your lobbyist report, as complete as possible, with your letter. 

A hearing will be scheduled to consider your request.  It’s best if you attend the hearing, but your presence is not required.

Prohibitions & Restrictions

Lobbyist Employers

It is illegal for any person or entity to pay or agree to pay any consideration to a person for lobbying unless that person is registered as a lobbyist with the PDC.  RCW 42.17A.655.

Lobbyists

A lobbyist must register with the PDC within 30 days of contracting to lobby or before lobbying begins, whichever occurs first.

A lobbyist required to register may not:

  1. Engage in any activity as a lobbyist before registering;
  2. Knowingly deceive or attempt to deceive any legislator as to any fact pertaining to any pending or proposed legislation;
  3. Cause or influence the introduction of any bill or amendment for the purpose of afterwards being employed to secure its defeat;
  4. Knowingly represent an interest adverse to any of his/her employers without first obtaining the employer’s written consent and after full disclosure of the adverse interest;
  5. Exercise any undue influence, extortion, or unlawful retaliation upon any legislator by because of the legislator’s position or vote on any pending or proposed legislation;
  6. Enter into an agreement, arrangement, or understanding that all or a portion of the person’s compensation is contingent upon the success of any attempt to influence legislation.  RCW 42.17A.655

Registration

Who Must Register

Persons, including individuals and entities who lobby or are employed as lobbyists – either full or part-time – must register and report their income and expenditures unless exempt under one or more of the provisions listed below.

A lobbyist may be:

  • a regular employee of a company or organization who devotes all or a fraction of his or her time to lobbying;
  • an individual with one or more client-employers;
  • a law firm whose partners or employees undertake protecting the legislative interests of its clients;
  • a lobbying firm that employs several agents to further the objectives of many client-employers;
  • a person who agrees to carry an organization’s banner to Olympia without payment except for travel and living expenses. 

All of these types of lobbyists must register unless they meet one of the statutory exemptions discussed below. 

Exemptions

Persons who attempt to influence the passage or defeat of legislation and/or the adoption or rejection of administrative rules are exempt from registering as lobbyists if they meet one or more of the following criteria:

  1. Limit lobbying activities to appearances before public sessions of legislative committees or public hearings of state agencies;
  2. At the request of a state agency, participate in that agency’s efforts to reach consensus on possible rulemaking under RCW 34.05.310(2).  Once notice of a proposed rule has been published, efforts to influence actions on that proposed rule are no longer exempt.
  3. Are working members of the print or broadcast media preparing news reports, feature articles or editorial comment;
  4. Lobby without compensation or “other consideration” for acting as a lobbyist, provided no expenditures are made for or on behalf of the people being lobbied.  A person who is reimbursed for lobbying expenses is receiving “other consideration” and is required to register regardless of whether the person is receiving other payment for his or her services.  WAC 390-05-220 defines “other consideration” as payment for services, reimbursement or payment of expenses, promise or delivery of goods or services or granting of benefits or privileges that have a tangible and identifiable value.
  5. Restrict their lobbying to no more than four days (or parts of four days) during any three consecutive months, and the total expenditures during that period for or on behalf of any member of the legislature, state elected officials, state public officers, or employees in connection with lobbying do not exceed $35.  (This exemption can be used in addition to an initial lobbying effort limited to public appearances.  See #1 above.)

Individuals who only monitor legislation and/or observe committee hearings and legislative floor debate do not need to register or report their activities.

Citizens who – on their own time and without payment or other consideration – write letters make phone calls, send e-mails, or have personal visits with officials in order to express their views on issues have no registration or reporting obligations so long as they do not spend money on whomever they are lobbying for such things as meals, drinks, or other entertainment, gifts, travel, or contributions.

When to Register

A lobbyist must file a registration form (PDC Form L-1) within 30 days of being employed to lobby or before lobbying, whichever comes first.  A lobbyist is required to file a separate L-1 for each employer.  If any of the information on an L-1 changes once it is filed, the L-1 needs to be amended within one week of the change occurring.  The registration must be filed electronically.

Creating Account in Electronic System

Creating a User Account in the Electronic Application

Someone who will be filing reports for lobbyists and/or lobbyist employers must get access to the electronic filing system. This is done by first setting up a user account. The current system is not specific to a single lobbyist/firm or lobbyist employer. This means that individuals who are filing for more than one lobbyist/firm and/or lobbyist employer may do so through ONE user account. If the user has already set up a user account, please proceed to one of the next steps to either set up a new lobbyist/firm or to link an existing lobbyist/firm or employer.

  1. At the home page of the PDC website, pdc.wa.gov, go to the Quick Links in the green band at upper right and click on File Online.
  2. When the next page displays, click on Lobbyist and Lobbyist Employers (L1, L2, and L3)
  3. If this is the first time accessing the electronic filing system, please take a few minutes to watch the video about how to setup your account.
  4. At the next page, click on the Create a new account located at left.
  5. In the User account page, complete the following:
  • Username
  • Email address (This must be a valid email address. All correspondence from the filing system will be sent to this address. The email is not made public and will only be used to activate the account, get a new password or to receive news or notifications by email).
  • Account Name: Full legal name (of user)
  • Telephone number (of user)
  • Address (of user)
  • Put a check mark in the I certify box
  • Click Create account
  1. An email will now be sent with additional instructions to complete the user account setup.
  2. Login to your email provider at the email address you provided above. In your In-box look for an email from PDC with the subject PDC new account information.
  3. Open the email where you will find a message that reads “Use the link below to access your account for the first time and set your password. This link can only be used once”. You MUST use the link provided within 24 hours of receiving the initial email. Click on the link provided.
  4. At the next page entitled Reset Password, click the Log in icon.
  5. A password for the new user account must now be entered in the Password field and again in the Confirm password field.
  6. Click the Save icon. The user account is now setup and will take the user to their home page where linking may be done to existing accounts, new lobbyists/firms may be added and new lobbyist employers may be added.

Completing the Registration

Completing the Registration (Hired directly by the client (employer) )

The lobbyist/firm must complete a separate registration for each employer (client)

  1. Login to the Lobbyist Electronic Filing system using your user account.
  2. Under Lobbyists I File For, choose the name of the lobbyist/firm who the registration will be filed for.
  3. In the next field which shows the name of the lobbyist/firm, choose Add employment registration from the Lobbyist Menu.
  4. In Step 1: Add employment contract, choose the following: Hired directly by the client (employer). If the lobbyist is subcontracting from another lobbyist/firm, please see separate instructions.
  5. In Step 2: Choose employer, enter the name of the employer you want to register in the search field. As you type the employer name, results will appear below. Choose from that list. Caution: if the name of the employer does not appear, try doing a broader search. For example, if the name of the employer is WASHINGTON WIDGET COALITION, try WIDGET or WA WIDGET. If you cannot find the name of the employer, please contact the PDC for verification that the employer does not exist in our system. If you have verified that the employer does not exist currently in our system, you must use the Invite Employer option located at the top of Step 2. Until the employer registers in our system, you will not be able to continue with the registration process. Once this is completed by the employer, repeat all steps listed above and continue.
  6. In the next screen, complete the following sections;
  • Compensation
  • Description of Employment
  • Expenses and Reimbursement
  • Lobbying Length and Exemptions
  • Employment Period
  • Are you exempt?
  • Employment Period Date
  • Employer Areas of Interest
  • Certify
  • Submit to PDC
  1. The registration has now been submitted but will only be valid once the employer “approves” it. The employer will receive an email to the address we have on record requesting their approval of the submission. We highly advise that lobbyists contact the employer directly to ensure that the approval is completed.
  2. Once the employer approves the registration, the lobbyist will see the period the registration is valid listed beside the employer’s name in the Employers section.

Completing the Registration (Subcontracting (hired by another lobbyist/firm) )

The lobbyist/firm must complete a separate registration for each employer (client)

  1. Login to the Lobbyist Electronic Filing system using your user account.
  2. Under Lobbyists I File For, choose the name of the lobbyist/firm who the registration will be filed for.
  3. In the next field which shows the name of the lobbyist/firm, choose Add employment registration from the Lobbyist Menu.
  4. In Step 1: Add employment contract, choose the following: Subcontracting (hired by another lobbyist/firm). If the lobbyist is hired directly by the client (employer), please see separate instructions.
  5. In Step 2: Select the lobbyist who hired you; enter the name of the lobbyist/firm in the search field. As you type the lobbyist/firm name, results will appear below. Choose from that list. If the name does not appear in the list, please contact the PDC for assistance.
  6. In Step 3: Choose employer; the subcontracting lobbyist will select the client from the list of the principal lobbyist’s employers displayed. A separate registration is required if the subcontract lobbyist is representing more than one employer of the principal lobbyist. If the name of the employer is not displayed in this list, it is because the principal lobbyist has not submitted a registration for the employer. If this is the case, please stop and contact the principal lobbyist, requesting the registration to be completed. Once this is done, the subcontracting lobbyist may proceed with the registration. In the next screen, complete the following sections;
  • Compensation
  • Description of Employment
  • Expenses and Reimbursement
  • Lobbying Length and Exemptions
  • Employment Period
  • Are you exempt?
  • Employment Period Date
  • Employer Areas of Interest
  • Certify
  • Submit to PDC
  1. The registration has now been submitted but will only be valid once the principal lobbyist/firm “approves” it. The principal lobbyist/firm will receive an email to the address we have on record requesting their approval of the submission. We highly advise that subcontract lobbyists contact the principal lobbyist/firm directly to ensure that the approval is completed.
  2. Once the principal lobbyist/firm approves the registration, the subcontract lobbyist will see the period the registration is valid listed beside the employer’s (principal lobbyist) name in the Employment via Subcontract section.

Terminating, Suspending and Reinstating Registrations

Registrations filed October 1, 2018, or later expire in January 2021, unless the lobbyist or lobbyist employer terminates the registration on an earlier date.

A lobbyist should terminate an employer’s registration when the lobbying functions have ended. Terminations must be done by amending the registration in the electronic system. 

Lobbyist employers may terminate the registration by submitting a written statement identifying which lobbyist is being terminated and as of what date.

A lobbyist must file an L-2 for the last month or portion thereof for which they were registered.  For example, if lobbying activities conclude on May 23, an L-2 covering May 1 to May 23 would be filed on or before June 15 and must include the termination notice.

A lobbyist may temporarily suspend a registration by amending the registration to indicate the months in which no lobbying will be done for a specific period of time, no lobbying expenditures will be made during the time specified and no compensation will be earned for lobbying.  During the period of the suspension, no monthly L-2 reports are required.  A lobbyist who has suspended a registration reinstates it by amending the registration. 

Types of Lobbyist

Employee Lobbyist

It is not unusual for businesses and organizations to assign one of their regular employees the task of lobbying.  Registration and reporting by these lobbyists are required.  On the L-2 Monthly Expenditure report, an employee lobbyist will prorate his or her gross pay according to the amount of time spent lobbying in order to arrive at the amount of compensation for lobbying that is required to be reported.  Some months may show little or no activity, others may reflect nearly full-time lobbying work.

Reports Required

L-1, L-2


Contract Lobbyist

A person who provides lobbying services on a contract basis is a contract lobbyist.  These lobbyists are not employees of the client-employers on whose behalf they work.  Contract lobbyists may have one or more lobbying employers.  These lobbyists may receive a fee plus expenses or simply a flat fee.  Contract lobbyists must register and report for all employers, unless activity for a given employer falls within one of the exemptions.  Contract lobbyists may also be consultants, public relations experts or the like.  Payments received for non-lobbying related activity such as consulting are not reportable.

Reports Required

L-1, L-2


Subcontracting

A lobbyist – usually a contract lobbyist – may decide to subcontract out some of his or her lobbying duties to another lobbyist.  The latter is the subcontract lobbyist.  The principal lobbyist is the lobbyist employer.  Both must register and report. The principal lobbyist must be registered for an employer before the subcontracting lobbyist can complete their registration.

Principal Lobbyist who Subcontracts

The principal lobbyist discloses payments to the subcontractor on the L-2.

Reports Required

L-1, L-2

Subcontractor

File the L-1 listing the principal lobbyist and client as the employer.  The subcontractor will file L-2 Monthly Expenditure reports disclosing any payments received from the principal lobbyist and any expenditures made

Reports Required

L-1, L-2


Lobbying Firms & Other Lobbying Entities Employing Multiple Lobbyists

Some businesses are formed strictly to provide lobbying services to clients.  Other law firms, public relations firms and consultant businesses provide lobbying services as part of their overall package of services.  For registration and reporting purposes, each is considered a lobbying firm.  The lobbying firm files a registration statement for each client-employer, listing the names of the firm’s partners or employees who will conduct the actual lobbying on the L-1.  The monthly L-2 report will show the amount of compensation received by the firm from each client for all lobbying services, as well as the combined expenses of the individuals who did the lobbying for that client.

Reports Required

L-1, L-2

Note:  The firm’s partners or employees (agents) doing the actual lobbying are listed on the L-1 (these individuals do not file separate L-1 forms, although an agent entry must be completed for each).  The firm is expected to file one combined L-2 report showing the compensation earned and expenditures made by all lobbying agents; if the firm fails to file accurate and timely L-2s, the responsibility rests with the agents.


Volunteer Lobbyist

This is a person who lobbies, but satisfies one of the exemptions and is not required to register or report.  Occasionally, the lobbyist elects to register anyway.  Volunteer lobbyists who choose to register and report should choose Yes in the area of the registration that asks "Are you exempt from filing monthly reports for any of the months you are employed?" section of the L-1 registration, so that it is clear that no monthly L-2 reports are required. Monthly expense reports will be required for any months not checked in this section.

Reports Required

L-1 (Optional)

Note:  Exempt from registering and reporting; if lobbyist chooses to register, and has completed the area of the registration "Are you exempt from filing monthly reports for any of the months you are employed?" section of the L-1 registration so that it is clear that no monthly L-2 reports are required.   Monthly expense reports will be required for any months not checked in this section.


Unsalaried Lobbyist

One type of unsalaried lobbyist is a person who lobbies without compensation except for reimbursement of travel and personal expenses.  It would not be unusual for a neighborhood association or other locally-based citizens group to have such a lobbyist.

This unsalaried lobbyist is required to register but does not need to file monthly L-2 reports if the payments received are for non-reportable expenses. The "Are you exempt from filing monthly reports for any of the months you are employed?" section of the L-1 registration must be completed, so that it is clear that no monthly L-2 reports are required. Monthly expense reports will be required for any months not checked in this section.

If an unsalaried lobbyist plans on making reportable expenses – for things such as gifts, entertainment, contributions or providing travel for legislators or other state employees – the lobbyist must register and file monthly L-2 reports, even though many of the reports may show zero expenditure activity.

Another type of unsalaried lobbyist is a person who takes vacation or leave time from their job to lobby and are only reimbursed for lobbying-related expenses by the group or organization on whose behalf they lobby.  Persons who receive compensation for the time they spend lobbying – meaning they lobby on company time but do not receive special or premium pay for the time spent lobbying  – are, in fact, being paid to lobby and are considered salaried or paid lobbyists.

Reports Required

L-1 

Note:  Many unsalaried lobbyists need to register because they received “other consideration” for lobbying; if no reportable expenditures will be made, however, they do not need to file L-2 reports as long as the "Are you exempt from filing monthly reports for any of the months you are employed?" section of the L-1 registration has been completed, so that it is clear that no monthly L-2 reports are required. Monthly expense reports will be required for any months not checked in this section.

 


Self-Employed Lobbyist

This is a lobbyist who will be pursuing their own agenda with the legislature or state agencies.  There is no “employer of lobbyist.”  The lobbyist is working on his or her own behalf.  Frequently, self-employed lobbyists fall under one of the exemptions outlined above.  However, if the lobbyist is not exempt (because, for example, they spend money to entertain a legislator), then they must register, showing him or herself as the lobbyist employer.  If the person makes or plans to make reportable expenses, then monthly L-2 filing is also required. 

If a person lobbies on behalf of one’s own business, then the person registers and reports as a lobbyist showing the business as the lobbyist employer.  That business will then file an annual L-3 lobbyist employer report.

Reports Required

L-1, L-2, L-3

Note:  If a self-employed lobbyist will not make reportable lobbying expenditures (e.g., contributions or entertainment expenses), no registration or reporting is required.  Those who choose to register should complete the area of the registration "Are you exempt from filing monthly reports for any of the months you are employed?" section of the L-1 registration, so that it is clear that no monthly L-2 reports are required. Monthly expense reports will be required for any months not checked in this section.

 


Casual Lobbyist

Persons who limit their lobbying to no more than four days (or parts of four days) in three consecutive months and who spend no more than $35 in the aggregate on one or more public officials or employees during those three months are casual lobbyists.  Frequently, these are the in-house specialists (actual employees of the lobbyist employer) who visit with legislators or other officials to lend their particular expertise to the discussion.  Casual lobbyists do not need to register or report.  (Casual lobbyists are advised to keep track of the time they spend lobbying and any expenditures they make in the event they end up registering and reporting because they are about to exceed the four-day limit.  Note that any fraction of time spent lobbying on a given day counts as one of the four days.)

No Reports Required


Intern Lobbyist

This is a person who, out of personal interest or for college credit, wants to learn the lobbying ropes.  Generally, no or minimal payment is received and, whatever payment is received, comes from the lobbyist who agrees to tutor the intern and not from the lobbyist employer.

An intern whose only activities are to monitor legislation, keep vote tallies, and/or observe hearings and floor debate does not register and report.  However, if an intern receives compensation or other consideration for actual lobbying, the intern must register showing the principal lobbyist as the employer.  Both the intern and the principal lobbyist will file monthly L-2 reports.  If the intern is paid for lobbying, the principal lobbyist will report these payments on the L-2.

Reports Required from Intern Who Lobbies

L-1, L-2

No Reports Required if Intern Does Not Lobby


Public Agency Lobbyist

Many state and local governmental agencies designate one or more employees of the agency as their lobbyists.  These employees are not required to register and report on L-1 and L-2 forms.  Instead, public agencies file quarterly reports (on PDC Form L-5) if they engage in reportable lobbying activity.

Some public agencies contract with private sector lobbyists.  These contract lobbyists must register on the L-1 form and file L-2 reports for these public agency employers.  The agencies do not file an annual Employer’s Lobbying Expenses Report (Form L-3), but rather include payments to or on behalf of the contract lobbyists on their quarterly L-5 reports.

Reports Required of Contractor

L-1, L-2

Reports Required if Public Employees Lobby

L-5 (A quarterly report required from public agencies who contract for lobbying services or whose employees lobby on behalf  of the agency.)  The agency employee does not have an individual filing requirement.

 

Receptions, Entertainment and Other Lobbying Activities

Details such as who benefited and how much money was spent on each must typically be disclosed for receptions, entertainment, and other special actives listed below.  Click the link below to learn what records must be kept and when to notify the recipients of how much money was spent.

Receptions

Lobbyists disclose reception costs on the L-2.  Identify the reception date, sponsor’s name, total cost, attendees’ names, and, in some cases, a per person cost calculated by dividing the number expected to attend into the total cost.  Additionally, if the per person food and beverage cost exceeds $50, notify elected officials and professional staff who attend so that they can fulfill their disclosure requirements.  The per person food and beverage cost is also calculated using the number of people expected to attend.

Always include the list of attendees when itemizing a reception, even if the reception meets the criteria set out in WAC 390-20-020A.  The Commission has said that submitting the reception’s sign-in sheet is sufficient.  (Lobbyists may email to pdc@pdc.wa.gov an attachment, such as a sign-in sheet, and ask that it be appended to a particular report.)

Receptions hosted by an employer of multiple lobbyists:

Only the principal lobbyist for the employer will disclose the reception as explained above. 

Receptions hosted by multiple lobbyist employers:

The principal lobbyist for each employer discloses the employer’s portion. Not all of these lobbyists are required to list the reception attendees and, when necessary, the per person cost.  Only one is required to include those details and the others will reference the lobbyist’s report that contains the attendees’ names.  If the reception does not meet the criteria explained above and the per person cost for food and beverage exceeds $50, one of the principal lobbyists must provide the food and beverage cost to elected officials and professional staff who attend.  (Calculate the food and beverage cost by dividing the full food & beverage costs by the expected number of attendees.  Use the full food & beverage costs regardless of how much each of the lobbyist employers paid.)  Each lobbyist employer who paid a portion should be listed as the “Source of Gift” on the L-2 memo report.

Receptions hosted by organizations who do not employ lobbyists:

Hosting even just a one-time event intended to influence the passage or defeat of legislation will trigger the registration and disclosure requirements, unless the organization is exempt because it spends less than $35.  The principal organizer will register as the lobbyist and disclose the lobbying-related expenditures on an L-2.  The registration may be terminated once all of the lobbying-related expenditures have been disclosed and the organization is certain that it will not engage in any other lobbying through the end of the registration cycle.

Recent and Related Developments: 

Effective January 11, 2015, WAC 390-20-020A eliminates the per person cost disclosure requirement and relieves attendees of disclosing food and beverage costs exceeding $50 for a reception to which the entire legislature, all members of a chamber, or any of the two largest caucuses recognized in each chamber are invited so long as the reception is:

  • Sponsored by a person other than a lobbyist [the sponsor may be a lobbyist employer],
  • Attended by individuals other than legislators, lobbyists, and lobbyist employers,
  • A social event, and
  • Does not include a sit-down meal.

Always include the list of attendees when itemizing a reception, even if the reception meets the criteria set out in WAC 390-20-020A.  The Commission has said that submitting the reception’s sign-in sheet is sufficient.  Lobbyists can attach the sheet in the electronic filing system for the L-2, in the Itemized Entertainment section.

Entertainment

Lobbyists disclose entertainment costs on the L-2.  If more than $50 is spent for the occasion, itemize the entertainment.  When itemizing, describe the entertainment and disclose the sponsor’s name, total cost for the occasion, and the names of who participated along with the amount spent on each.  Related costs, such as tax and tip, should be disclosed but need not be part of the per person cost. 

Whenever the bill for a lobbying entertainment occasion amounts to over $50, you must itemize the event, unless all officials, employees and their family members present fully pay their own way and none of the amount paid by the lobbyist is attributable to any guest.

See the Legislative Ethics Board’s Rule 5 – Infrequent Meals, effective January 1, 2015, if the entertainment includes providing a meal to a legislator.

Note:  The Public Disclosure Commission has determined that entertainment expenses must be reported at full value.  This means that if the actual cost of an official's meal is $60 and the official pays $10 so that the lobbyist pays just $50, the lobbyist discloses $60 and gives an L-2 memo to the official showing a $60 meal.  An L-2 memo report is not provided to an official who pays his or her entire share.

Involving Association Members in Lobbying Effort

Some lobbyists who have associations as lobbying clients arrange to have members of the association entertain legislators from the member’s district.  For example, a contract lobbyist for the Widget Manufacturing Association arranges for an association member to take his state senator to lunch or dinner to discuss pending legislation.  The association member uses his own funds to pay for this entertainment.

If the association member spends more than $35 on this entertainment (including his own meal), this expenditure needs to be reported as a lobbying expense.  In lieu of the association member registering and reporting, the contract lobbyist may include the expense, along with an explanation, on his or her L-2 report as an “Entertainment” expense.

If the association member spends more than $50 on the legislator (or a combination of the official and the official’s family members), the contract lobbyist must also send to the official a copy of the L-2 disclosing the expense or an L-2 Memo Report.

If the contract lobbyist in this example chooses not to report the lobbying expenditures of association members, or the lobbyist was not involved in arranging the entertainment of legislators by association members and is unaware that this activity is occurring, each association member who spends more than $35 in connection with lobbying activities must register and report as a lobbyist.

If the association member is not reimbursed by the association for lobbying expenditures, the member will register as a “self-employed” lobbyist.  Monthly L-2 reports are required until he or she terminates the registration.

 

One-Time Group Activities (rallies, organized lobby days, etc.)

A large group of people decides to visit Olympia to lobby on a particular issue.  For example, a delegation from a local chamber of commerce charters a bus, travels to Olympia to rally on the capitol steps, meet with legislators and host a legislative reception.  In lieu of each member of the delegation registering as a lobbyist for this brief visit, the group leader may register on an L-1 prior to the actual lobbying taking place and report the expenses of all members of the group on an L-2 form.  The L-2 is due on the 15th of the month following the one in which the lobbying occurred.  Generally, this person will terminate their registration after completing the L-2 report that discloses the expenditures for the trip by amending the registration.

Field Trips and Excursions

Expenditures by the lobbyist or lobbyist employer for field trips or other excursions provided to elected and appointed officials must be disclosed on the L-2 report.  Notify the individuals of the cost of travel provided to them so that so that they can fulfill their annual reporting requirement.

Political Advertising Expenses

Also see Reporting Independent Expenditures & Electioneering Communications

Expenditures by the lobbyist or lobbyist employer for political advertising supporting or opposing a state or local candidate or ballot measure must be disclosed on the L-2 report.  For example, if a lobbyist or lobbyist employer – alone or in conjunction with others – pays for a direct mail piece supporting a candidate, all of the lobbyist’s or employer’s costs associated with developing, producing and distributing the political ad must be reported on lines 8 and 17 of the L-2.

Expenditures for political ads are reportable on the L-2 (in addition to any campaign reporting that is required), whether the ad constitutes an independent expenditure or qualifies as a contribution to a candidate or ballot measure committee.  However, a monetary contribution from a lobbyist or lobbyist employer to a candidate or political committee that the recipient in turn decides to spend on political advertising is not reportable by the lobbyist as a political advertising expense, but is still reportable as a contribution.

Independent Expenditure Ads & Electioneering Communications

Independent expenditures and electioneering communications are important because they are a constitutionally protected form of speech and, unlike contributions, not subject to limit.  As long as an expenditure does not constitute a contribution as defined in RCW 42.17A.005(16)(a) and WAC 390-05-210, the person making it is free to spend as much or as little as he or she likes.

Definitions

Independent Expenditure

  • Costs at least $1,000 (either alone or in conjunction with other ads by the same sponsor benefitting the same candidate);
  • Supports or opposes a clearly identified candidate for state or local office;
  • Is paid for by someone other than a candidate, a candidate’s committee or agent; and
  • Is paid for by some individual or entity who undertakes the advertising without having received the benefitting candidate’s encouragement or approval or without collaborating with the candidate or the candidate’s agent. 

Be aware that if an expenditure meets the statutory definition of contribution, it is subject to limit and it is not an independent expenditure

Electioneering Communication

  • Clearly identifies at least one candidate for state, local, or judicial office;
  • Appears within 60 days of an election in the jurisdiction where the candidate seeks election;
  • Is in one or more of the following media – radio, television, postal mailing, billboard, newspaper, or periodical,
  • Either alone, or in combination with other communications by the sponsor identifying the candidate, has a fair market value of $1,000 or more, and
  • Is paid for by some individual or entity who undertakes the advertising without having received the benefiting candidate’s encouragement or approval or without collaborating with the candidate or the candidate’s agent.

Reporting

A lobbyist or lobbyist employer who sponsors an electioneering communication or an independent expenditure ad that appears within 21 days of an election must file PDC form C-6 in addition to the lobbyist/lobbyist employer reports.  See the PDC’s Political Advertising Brochure and Electioneering Communications supplement for more information

Public Relations, Telemarketing, and Polling

Lobbyists are required to report expenditures made by them or their lobbyist employers for public relations, telemarketing, polling, or similar expenses if the expenses were in any way intended, designed or calculated to influence legislation, including the adoption of any rule, rate or standard by a state agency.

At present, the PDC is relying on the following dictionary definitions:

"Public relations" means the method and activities employed in persuading the public to understand and regard favorably a person, business or institution.

"Telemarketing"  means selling or advertising by telephone

"Polling" means selling or advertising by telephone.

The following types of expenditures are among those that are reportable if they are directly or indirectly intended, designed or calculated to influence legislation or rulemaking.

  • expenditures for market research done in-house or through a vendor;
  • expenditures for the development, production, and distribution of advertising to enhance the lobbyist employer’s image;
  • an association’s expenses to poll the general public or a segment of the general public about a matter that may be the subject of legislation;
  • costs associated with producing press releases, op-ed pieces or other articles designed to sway public opinion about possible tax increases; and
  • costs associated with contacting editorial boards regarding the need for certain statutory changes.

However, expenditures by an association or other organization to communicate with its own members are not reportable

Making Campaign Contributions

Look up contribution amounts that may be given to candidates, political party committees, and caucus campaign committees.

Limits Explained

Each lobbyist employer has a separate contribution limit unless the employer: 

  1. controls a political committee as described in RCW 42.17A.455;
  2. is affiliated with another entity for limit purposes under RCW 42.17A.455 and WAC 390-16-309;
  3. exerts “direction or control” over another person’s contribution as set out in RCW 42.17A.460;
  4. received “direction or control” from another person with respect to a contribution; or
  5. is prohibited from contributing to state office candidates under RCW 42.17A.460. 

Each lobbying firm is entitled to a separate limit provided it 1) does business in Washington, 2) is not affiliated with another entity, and 3) neither exerts nor receives “direction or control” with respect to a contribution subject to limits. 

In addition, each lobbyist has his or her own personal contribution limit for each state office candidate, so long as the lobbyist does not exercise direction or control over someone else’s contributions.  With the exception of the last three weeks before the general election, an individual lobbyist has no limit on contributions given to caucus and party committees. 

Intermediary:  An individual who transmits a contribution on behalf of anyone – except his or her employer, immediate family member, and/or association to which he or belongs – becomes an intermediary and must disclose to the recipient his or her full name, street address, occupation, name of employer and, if self-employed, place of business and the same information for the contributor.  (For example, if a lobbyist delivers a contribution from a PAC that is not the lobbyist’s employer – even though the PAC may be affiliated with the employer – the lobbyist is an intermediary and must supply the recipient with the information noted above.) 

Direction or Control of Another’s Contribution:  If an intermediary or conduit for a contribution originating from another source exercised any “direction or control” over the choice of the recipient candidate or state official, the contribution is considered to be by both the original contributor and the conduit or intermediary.  The Commission has determined that a lobbyist has exercised “direction or control” over an employer’s contribution if the lobbyist:

  1. officially decides who is to receive a contribution from the employer or the employer’s political committee; or
  2. has the ability to execute or authorize payment of a contribution by the employer or the employer’s PAC.

WAC 390-20-148.  A lobbyist who merely recommends who the employer should contribute to is not exercising “direction or control” over the contribution. 

Affiliated Entities:  Some entities are “affiliated” with others for purposes of sharing a contribution limit.  For instance, the following entities share a limit:  parent corporations and their subsidiaries; corporate branches and divisions; and international, national, state, and local affiliates of the same union or other membership organization.  See RCW 42.17A.455 and WAC 390-16-309. 

Bundling:  Only individuals may be intermediaries for contributions to candidates and political committees.  All lobbyists may transmit contributions from their employers.  However, a lobbyist employer that is a business, union, association, PAC or other entity is prohibited from collecting contributions from two or more sources and transmitting those contributions to the intended recipient.

Post-Election Deadlines for Making Candidate Contributions

Primary Election:  Contributions given to a candidate subject to limits with respect to the primary election may not be made after the primary, unless the candidate lost the election and has debt to retire.  These candidates can continue to accept primary election contributions for 30 days after the election or until the debt is retired, whichever comes first. 

General Election:  General election contributions must be made on or before December 31 of the election year.  Washington State has a “freeze period” which starts 30 days before a regular session, which typically falls in the middle of December.  During the freeze, state office holders, including legislators, are prohibited from soliciting or accepting campaign contributions.  At the start of each December, the Commission will post on its website information about the session freeze.  A newly elected legislator or statewide official who is not already holding a state office is not subject to the freeze until sworn into office.  The newly elected official is allowed to continue accepting contributions once the freeze starts until the end of the cycle or until sworn in, whichever happens first.

Prohibited Contributions

The following entities may NOT contribute to candidates for state office:

  1. corporations and business entities not doing business in Washington state;
  2. labor unions with fewer than ten members who reside in Washington state; and
  3. political committees that, during the 180 days prior to making a contribution, have not received contributions of $10 or more from at least 10 persons registered to vote in Washington state.

Session Freeze (Time Period When Contributions May Not Be Made)

During a regular legislative session and the 30 days before it starts and during any special session, any legislator or state executive office holder (or person employed by or acting on behalf of one or more of these officials) is prohibited from soliciting or accepting contributions:

  • for any candidate for state or local office;
  • to a public office fund;
  • to retire a campaign debt; or
  • for a political committee, including a caucus political committee or party, if the contribution is used for the benefit of incumbent state officials or known candidates (WAC 390-17-400).

Further, since caucus political committees act on behalf of legislators, caucus committee personnel also are prohibited from soliciting or accepting contributions for the purposes mentioned above and further explained in WAC 390-17-400.

Other Contribution Restrictions

  • Written Instrument.  Monetary contributions exceeding $100 made by individuals, associations, unions, and businesses must be by written instrument.  Any monetary contribution given by a PAC must be by written instrument.
  • No reimbursement or salary increase.  No one may be reimbursed directly or indirectly by anyone else for a contribution to a candidate, political committee or political party.  (Lobbyists may not be reimbursed for contributions they make; if lobbyist employers want to make contributions, they must do so directly or provide a check for the lobbyist to deliver.)  Further, no employer may give an officer or employee a salary increase or bonus with the intention that all or part of it be spent to support or oppose a candidate, political party, or other committee.
  • General election timing provision.  During the last three weeks before the general election, no one may contribute more than $5,000 to a candidate who is not otherwise subject to contribution limits or to a political committee.  This timing provision does not apply to contributions made to ballot measure committees.

Reporting

Report compensation and expenses on an accrual basis.  That is, report them for the month in which each was incurred or earned, not necessarily when received.  (If reported amounts differ from what is actually received from the employer, file an amended report reflecting the correct amounts.) 

Completing the Monthly Expenditure Report (L2) Overview

Expenditure reports are due for all months in which the lobbyist/firm is registered, regardless of activity level.

  1. Login to the Lobbyist Electronic Filing system using your user account.
  2. Under Lobbyists I File For, choose the name of the lobbyist/firm who the expenditure report will be filed for.
  3. On the page for the lobbyist/firm, find the Lobbyist Menu and choose the New Monthly Filing option.
  4. On the following page, entitled Create a new L2 filing, you can select to bring forward data from a previous filing or you can start from scratch. Once you have indicated your choice, click the Submit icon to proceed. Caution – if you use the "bring forward option, , keep in mind that any activity which is date specific will cause problems when you attempt to submit the report. For example, if you bring forward activity such as entertainment or contributions from a previous report, it will have that activity with the date it appeared previously. The “bring forward” option works best when choosing information which is non-date specific such as compensation and sub-contract compensation.
  5. In the following screen there are a series of tabs listing different categories of lobbying activities. Review information on each tab where you will indicate, through a series of yes or no questions, whether you have reportable activity. If there is activity, continue on that tab to provide the requested information.
  6. Once you have completed all tabs and are ready to submit, click the Submit to PDC icon at the bottom of the screen. The report will now validate for errors or incomplete entries. If this happens, return to the tab in question to correct or enter the information and then re-submit. You will now see the report you have just completed listed under the heading Submitted Monthly Reports (L2) with the date and time submitted.

Completing the Monthly Expenditure Report (L2) Detailed Instructions

Identify the lobbyist

Report compensation and expenses on an accrual basis. That is, report them for the month in which each was incurred or earned, not necessarily when received. (if reporting amounts differ from what is actually received from the employer, file an amended report reflecting the correct amounts). Expenditure reports are due for all months in which the lobbyist/firm is registered, regardless of activity level.

  • Login to the Lobbyist Electronic Filing system using your user account.
  • Under Lobbyists I File For, choose the name of the lobbyist/firm who the expenditure report will be filed for.

Identify the reporting period

  • On the page for the lobbyist/firm, find the Lobbyist Menu and choose the New monthly filing option.
  • Choose your reporting period from the drop-down field
  • You can select to bring forward data from a previous filing or you can start from scratch. Once you have indicated your choice, click the submit icon to proceed. Caution – if you use the “bring forward” option, keep in mind that any activity which is date specific will cause problems when you attempt to submit the report. For example, if you bring forward activity such as entertainment or contributions from a previous report, it will have that activity with the date it appeared previously. The “bring forward” option works best when choosing information which is non-date specific such as compensation and sub-contract compensation.

The lobbyist (or person filing the report) will see a series of tabs on the monthly report page; Personal, Compensation, Entertainment, Contributions, Advertising, Other and Lobbying. The following information will be helpful in assisting the filer to complete the report.

Personal (expenses)

On this tab, report personal expenses for travel, food and refreshments. If you have nothing to report, select No in the question at the top.

Make sure to report expenses attributable to all employers. If the expense was not reimbursed by a client (Employer), select yourself as the source in the Employer drop-down.

Expenses that cannot fairly be allocated to a specific employer as well as those that come out of your own pocket are disclosed in the Sum non-reimbursable personal expenses incurred by the lobbyist field.

Report nonexempt personal expenses incurred for lobbying activities during the month, whether or not these expenses were reimbursed.

Generally, this will include those expenses you incur for food, beverages, and travel when you make a special trip to meet with legislators or other state officials or employees, or when you make a trip to lobby a state agency.

Personal expenses incurred with respect to "hearings of the legislature" are exempt from reporting, as are all lodging expenses whether in Olympia or elsewhere.

Personal expenses exempt from reporting:

  • unreimbursed personal living and travel expenses, unless they are directly for lobbying;
  • expenses for personal living accommodations (e.g., your home or rented/leased accommodations, including hotel rooms);
  • personal travel expenses to hearings of the legislature* (e.g., meals, beverages, mileage, transportation, vehicle rentals, laundry, parking, toiletry purchase);
  • telephone and facsimile expenses;
  • office expenses, including rent;
  • support staff expenses, including salaries, unless the staff member lobbies; and
  • expenses to produce reports, documents and other communications primarily designed for other purposes and distributed incidentally as part of the lobbying effort.

* "Hearings of the legislature" means any regular or special session of the state legislature or any publicly announced meeting of a standing, conference, joint or special committee of either house of the legislature. Travel for other lobbying purposes, such as meetings with individual legislators or staff, state agency hearings or to attend political fund raisers, etc., is reportable.

Compensation

On this tab enter all compensation such as salary, wages and retainers earned from each client (employer) for this period. If you have nothing to report, select No.

Entertainment

On this tab the lobbyist will report both itemized and non-itemized entertainment expenses

Itemized entertainment

Itemize all of the following expenditures that were incurred by lobbyist or lobbyist employer(s) for legislators, state officials, state employees and members of their immediate families. In the "cost" field, show the total amount spent for each occasion including any staging costs, tax, and gratuity.

  • Entertainment expenditures exceeding $50 per occasion (including lobbyist’s expense) for meals, beverages, tickets, passes, or for other forms of entertainment.
  • Receptions. See WAC 390-20-020A, L-2 Reporting Guide, to determine if per person cost is required.
  • Travel, lodging and subsistence expenses in connection with a speech, presentation, appearance, trade mission, seminar or educational program.
  • Enrollment and course fees in connection with a seminar or educational program.

Itemize all entertainment occasions and receptions costing over $50 and all enrollment and course fees, travel, lodging and subsistence expenses incurred for or provided to an official, employee of their immediate family members.

Entertainment occasion exceeding $50 

Spending more than $50 for a single occasion, including the portion attributable to the lobbyist, requires itemized reporting. Show the actual amount spent entertaining each individual in the "participant listing". Include:

  • the date of the event;
  • who attended and the amount attributable to each;
  • a description of the entertainment (plus name and city where the entertainment occurred);
  • the name of the sponsoring employer; and
  • the total spent.

Whenever the bill for a lobbying entertainment occasion amounts to over $50, you must itemize the event, unless all officials, employees and their family members present fully pay their own way and none of the amount you pay is attributable to them. That is, the amount you spent for a dinner, sporting event tickets, or the like only covers your own costs.

If, as part of an entertainment occasion, the actual or prorated cost for food and beverages for a state elected official (either singly or in conjunction with immediate family members) exceeds $50, the official must be given notice of the entertainment.  Notice is provided by giving a copy of the  L-2 report (showing the food and beverage cost attributable to the official/family) to the official or providing the official with an L-2 Memo Report.

Travel

Itemize all expenses associated with providing a state official, employee or a member of their family with travel, lodging, meals, field trips and other excursions, and other travel-related items. Include:

  • date of the event;
  • who attended and the amount attributable to each;
  • a description of the event (plus name and city where the event occurred);
  • the name of the sponsoring employer; and
  • the total spent.

Enrollment and course fees

Whenever a lobbyist or lobbyist employer either waives the fees charged other attendees  and/or pays the expenses of a legislator, other state official or any state employee to attend any type of occasion permitted by RCW 42.52.010(9)(f), the value of everything provided and cost of expenses incurred are reported by the lobbyist on the entertainment tab.

Notify Officials of Entertainment, Travel and Seminars

State officials and some employees must annually disclose if they or their family members are provided:

  • food and/or beverages costing over $50 per occasion, either singly or in conjunction with family members, except for food and beverage served at a qualifying reception, (Notice must be provided regardless of whether a single person pays for the food and beverage or the cost is shared so that each person pays less than $50.)
  • travel-related expenses or reimbursements of any amount, including field trips and other excursions, and/or
  • admission and other costs associated with attending seminars, educational programs or training

If you or your employer pays for any of these items for the benefit of a state official, employees, or their immediate family member(s), provide the recipient with a copy of your L-2 report or an L-2 Memo Report itemizing the expenditures or benefits given.

The Public Disclosure Commission has determined that entertainment expenses must be reported at full value. That is, if the actual cost of an official's meal is $60, the official must be given notice of the expense even if the official gives you $10 or more toward the bill (under the mistaken impression that this would bring the expense below the over-$50 threshold and the official would then not be required to report receipt of the meal on their F-1 statement).

Entertainment, travel and enrollment and course fee expenditures typically include, but are not limited to, the following:

  • meals and refreshments purchased for legislators, state officials and staff (also include your own expenses related to this entertainment);
  • tickets to sporting events or theater performances;
  • entertainment sponsored jointly with other lobbyists (report your share of the overall expense);
  • home entertainment, dinners;
  • golf outings;
  • transportation, lodging and other travel-related costs for legislators, legislative staff, state officials, state employees and their families;
  • company vehicle or air transport provided legislators, officials, legislative staff or other employees;
  • tuition, fees, travel, lodging and subsistence costs associated with a legislator, legislative staff, state official or employee attending a seminar or other training.

When a lobbyist draws upon the resources of the members of an association (or any other employer organization) to provide any of the above items, benefits and services, the lobbyist must report the value of the resources utilized and the identity of the member(s) who made them available.

Lobbyists must provide an elected official with a copy of the L-2 or Memo Report if the lobbyist reports: 1) spending on one occasion over $50 for food or beverages for the official and/or his or her family member(s); or 2) providing travel, lodging, subsistence expenses or enrollment or course fees for the official and, if permitted, the official’s family.

See Washington State's ethics law, RCW 42.52.010(9)(f) , for an explanation of items that may be provided to state officials, employees, and their family members. Also see Receptions and WAC 390- 20- 020A, L-2 Reporting Guide

"Immediate family" means the spouse or dependent children of the official or employee as well as any other dependent relative who lives in the official's or employee's household.

PDC does not determine what types of items or services are permissible under the Ethics Law for you to give or the official, employee or family member to accept. Depending upon whom you wish to give an item to, contact:

  • The Legislative Ethics Board (360) 786-7540
  • The Executive Ethics Board (360) 664-0871, or
  • The Commission on Judicial Conduct (360) 753-4585.

*If you have no itemized expenses to report, select No in the question above. Do not enter, 0, N/A, etc.

Non-itemized entertainment

Enter the per-client or lobbyist sum for all non-itemized entertainment expenses of $50 or less that are not accounted for as itemized entertainment expenses.

*If you have no itemized expenses to report, select No in the question above Do not enter, 0, N/A, etc.

Contributions

On this tab the lobbyist will report the following (see each category in the electronic lobbyist application for explanation);
  • Itemized contributions
  • Non-itemized contributions
  • Client (employer) PAC contributions
  • Other contributions
  • Other PAC contributions 

See Contribution Limits

Also see Special Reports for Last Minute Contributions

The lobbyist’s personal contributions to any state or local candidate or political committee are reportable.
Contributions made by a lobbyist who transmits or delivers contributions from another source to any state or local candidate or political committee, including ballot measure committees, are reportable.
Contributions delivered or transmitted on behalf of the lobbyist’s employer are attributed to that employer.
If the lobbyist transmits or delivers contributions from other than his or her lobbyist employers, the amounts of those contributions are aggregated together and entered as not attributable to an employer. Note: If you  will be transmitting or delivering contributions from someone other than a lobbyist employer, family members or an association of which you are a member, contact PDC staff to ensure that you are not running afoul of the prohibition on bundling.
 
Each contribution exceeding $25, including those delivered or transmitted from non-employers, must be itemized.
Typical reportable contributions by lobbyists and their employers include:
  • campaign contributions to candidates for statewide, legislative, judicial and local office;
  • contributions to political party organizations and other political committees;
  • tickets to caucus fund raisers
  • contributions to political committees supporting or opposing a state or local ballot proposition;
  • in-kind contributions (e.g., staff assistance, office space, equipment, postage and copying services);
  • donation or use of goods or services for less than fair market value;
  • donation of auction items, and
  • loans to an individual or political committee.
If the lobbyist transmits or delivers a contribution from one of his or her employers and that contribution is over $25, it is itemized on the contribution tab.
If a lobbyist transmits or delivers a contribution from a source other than a lobbyist employer and that contribution is over $25, it must be itemized on the contribution tab. This includes contributions that the lobbyist transmits or delivers from the employer's PAC.
 
However, if the lobbyist does not transmit or deliver a contribution from the employer's PAC, but is aware that the PAC made contributions during the lobbyist's reporting period, the lobbyist is not required to report these contributions in detail, but should note the name of the PAC in the space provided in the Other PAC Contributions field.
 
Lobbyist Employer's Direct Contributions:  If the employer makes a direct contribution in excess of $110 to a state or local candidate or political committee and the lobbyist was not involved in the process, the lobbyist has no obligation to report the contribution. Nevertheless, the lobbyist may report the contribution on the L-2. If this is done, the lobbyist employer is relieved of reporting this contribution on an L-3c report.  If  the employer  uses general fund dollars to make the contribution and it was not reported by the lobbyist, the employer will have to file an L-3c if the contribution was over $110. If the employer used PAC funds, the contribution would be reported on the committee's regular campaign disclosure report.
 
Notify Recipients of Contributions:  If you make a personal contribution, or you transmit or deliver a contribution from another source to one of the following, then you must give the recipient a copy of the L-2 report on which the contribution appears or provide notice by using an L-2 Memo Report that itemizes the contribution. RCW 42.17A.620
  • local, judicial, or state candidate
  • local or state elected official
  • local or state officer or employee
  • political committee supporting or opposing any local or state ballot proposition
 

Advertising

On this tab, the lobbyist will report two categories of. advertising (see each category for explanation);
  • Advertising, printing and literature.
  • Political ads, public relations, polling, telemarketing, etc.
 
On this tab Include the cost of preparing, printing and mailing advertising, promotional literature, fact books and similar materials.
“Advertising” includes the preparation, printing or production and distribution or dissemination of printed material, broadcasts, and promotional material that are clearly of an advertising nature and have a separate, identifiable cost related to the lobbying effort.
Any expenditures of this nature that were made during the reporting period must be itemized on the advertising tab. Give the amount, vendor or person receiving payments and a brief description of the activity if you or your employer made expenditures for:
  • Political advertising supporting or opposing a state, local, judicial candidate or ballot measure; or
  • Public relations telemarketing, polling or similar activities that directly or indirectly are intended, designed or calculated to influence legislation.
 
The cost of materials produced primarily for another purpose but used incidentally as part of the lobbying effort are not reportable. Promotional items such as desk sets, calendars, golf balls and similar gifts, even though promotional in nature, are reportable. The cost of placing an advertisement in a candidate or political committee publication is also reportable.
 
If your employer sponsors an advertising campaign addressed to the general public (e.g., radio or TV ads, newspaper ads, billboards, inserts in monthly bills) to influence legislation, including an initiative to the legislature, you may disclose these costs on your L-2 report - and no other special reporting by the employer would be necessary - so long as the grass roots campaign is funded with existing employer resources. If, however, the campaign is partially or fully paid for with funds acquired from sources other than the employer, the primary sponsor of the campaign must keep detailed records of all contributions and expenditures and file grass roots lobbying reports (PDC Form L-6). See Grass Roots Lobbying .
 
Expenditures by lobbyists for political advertising supporting or opposing a state or local office candidate or ballot measure, or public relations, telemarketing, polling or similar activities that directly or indirectly are lobbying related, must be reported on line 8 in the appropriate column. It will also be itemized as part of line 17 by amount, identity of the vendor or other person paid, and a brief description.

 

Political Advertising includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations or other means of mass communication used for the purpose of appealing, directly or indirectly,
for votes or for financial or other support in any election campaign.
 

Other

On this tab, the lobbyist will report two categories of. advertising (see each category for explanation);
  • Payments to a sub-contract lobbyist
  • Other expenses (not previously reported)
 
Report “other expenses” that would not have been made but for your attempt to influence the passage or defeat of legislation or the adoption or rejection of any agency rule, rate or standard and that are not reportable elsewhere. Include such expenses as:
  • Miscellaneous personal lobbying expenses;
  • Meeting room, tours;
  • Charitable donations made at the official’s or employee’s request;
  • Grass roots lobbying expenditures (not already reported)
 

Lobbying

On this tab, the lobbyist will report;
  • Details of all lobbying activity during the period to include the employer represented, subject matter or proposed legislation, issue or bill number and the persons, legislative committee or state agency considering the matter.
  • A percentage breakdown of the time lobbying the legislature as well as state agencies.
 
Describe the subject matter or issue, or supply the bill number of the  legislation you attempted to influence during the month. Also specify which legislative committee or agency was considering the matter and which employer was represented during your lobbying contacts. Be specific as possible.
 
Of the time you spent lobbying during the month, what percentage of it was used for legislative lobbying? For lobbying state agencies? Do not factor in time devoted to non-lobbying activities. Only consider the time you spent lobbying during the reporting period and indicate the percentage for legislative and state agency lobbying. For example, if approximately half of your lobbying time was devoted to each, report 50% for both types of lobbying.

Amending Reports

Although every effort should be made to file complete and accurate reports, mistakes do happen.  If you discover an omission or mistake in a previous report, file an amended report. 

Complete an amended L-2 report as follows: log in to the lobbyist/form page, find the report in question listed in the Submitted Monthly Reports area and click Amend (under the Actions column).

Amended L-2 reports should be filed as soon as the error is discovered. 

Amendments to any of the information on the L-1 form are to be filed within one week of the change prompting the revision and the entire form must be completed (not simply the new information).

Special Reports for Last Minute Contributions

A lobbyist and lobbyist employer must file a Last Minute Contribution (LMC) report if monetary and/or in-kind contributions are given to a candidate, political party, or political committee of $1,000 or more in the aggregate during the 7 days before the primary election and the 21 days before the general election. 

The LMC report is due within 24 hours of making the contribution.  It should include the amount of the contribution(s), the date given, name and address of the donor, the recipient’s name and address and, if the recipient is a candidate, the office sought and the party preference if the candidate is seeking a partisan office.  LMC reports are filed electronically, regardless of whether the lobbyist is filing L-2 reports electronically.   Whatever is reported on an LMC report should also be included on an L-2 or L-3c.

Grass Roots Lobbying

Definition

Grass roots lobbying is defined as a program addressed to the general public, a substantial portion of which is intended, designed or calculated primarily to influence state legislation.

Typical grass roots lobbying expenditures include:

  • newspaper advertisements to support proposed legislation,
  • hiring a person to organize public meetings in order to influence action on issues being considered by the legislature,
  • creating or maintaining websites, purchasing e-mail lists, or hiring someone to conduct other online activities, and
  • hiring signature gatherers to circulate petitions for an initiative to the legislature.

Disclosure

Sponsor Requirement

Any person or entity making grass roots lobbying expenditures not reported by a registered lobbyist, a candidate, or a political committee exceeding $700 in the aggregate in a one-month period or exceeding $1,400 in the aggregate in any three-month period must file a grass roots lobbying report.  Exception:  If an organization sends a notice about pending legislation to its members, or a corporation sends a similar message to its stockholders, the expenses related to these activities are not reportable as grass roots lobbying.

The initial grass roots lobbying report (PDC Form L-6) must be filed within 30 days of becoming a sponsor of a grass roots lobbying campaign.  Thereafter, sponsors file monthly reports on the 10th of the month covering the preceding calendar month.  When the campaign is finished and the last report is being filed, check the final report box.

Alternative Disclosure Methods

Lobbyists can relieve their employers from the responsibility of filing an L-6 report by including grass roots lobbying expenditures on their L-2 reports, provided that the grass roots campaign is financed out of the employer’s existing funds.  If the employer conducts a special fundraising effort or accepts funds from other sources to finance the grass roots lobbying, L-6 reporting is required (and expenses would not be included on the L-2).

Note that even if a lobbyist employer files an L-6 report covering grass roots lobbying activities, a lobbyist must still disclose on his or her L-2 any of his or her employer’s lobbying-related expenditures for public relations, telemarketing or polling activities.  

Candidates and political committees who sponsor grass roots lobbying campaigns do not need to file L-6 reports, whether they use existing funds or receive funds from outside sources.  Instead, the contribution and expenditure activity, including that related to grass roots lobbying, is fully reported on their campaign disclosure reports (the “C” series).


Source URL: https://www.pdc.wa.gov/learn/publications/lobbyist-instructions