| Passed by the House February 14, 2006 Yeas 66 ________________________________________ Speaker of the House of Representatives Passed by the Senate March 2, 2006 Yeas 27 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2713 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/02/06.
AN ACT Relating to clarifying that special district boards, councils, and commissions may publicly take positions on ballot measures; amending RCW 42.17.130; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the public
benefits from an open and inclusive discussion of proposed ballot
measures by local elected leaders, and that for twenty-five years these
discussions have included the opportunity for elected boards, councils,
and commissions of special purpose districts to vote in open public
meetings in order to express their support of, or opposition to, ballot
propositions affecting their jurisdictions.
(2) The legislature intends to affirm and clarify the state's long-standing policy of promoting informed public discussion and
understanding of ballot propositions by allowing elected boards,
councils, and commissions of special purpose districts to adopt
resolutions supporting or opposing ballot propositions.
Sec. 2 RCW 42.17.130 and 1979 ex.s. c 265 s 2 are each amended to
read as follows:
No elective official nor any employee of his office nor any person
appointed to or employed by any public office or agency may use or
authorize the use of any of the facilities of a public office or
agency, directly or indirectly, for the purpose of assisting a campaign
for election of any person to any office or for the promotion of or
opposition to any ballot proposition. Facilities of a public office or
agency include, but are not limited to, use of stationery, postage,
machines, and equipment, use of employees of the office or agency
during working hours, vehicles, office space, publications of the
office or agency, and clientele lists of persons served by the office
or agency((: PROVIDED, That the foregoing provisions of)). However,
this ((section shall)) does not apply to the following activities:
(1) Action taken at an open public meeting by members of an elected
legislative body or by an elected board, council, or commission of a
special purpose district including, but not limited to, fire districts,
public hospital districts, library districts, park districts, port
districts, public utility districts, school districts, sewer districts,
and water districts, to express a collective decision, or to actually
vote upon a motion, proposal, resolution, order, or ordinance, or to
support or oppose a ballot proposition so long as (a) any required
notice of the meeting includes the title and number of the ballot
proposition, and (b) members of the legislative body, members of the
board, council, or commission of the special purpose district, or
members of the public are afforded an approximately equal opportunity
for the expression of an opposing view;
(2) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in
response to a specific inquiry;
(3) Activities which are part of the normal and regular conduct of
the office or agency.