5460 AMH GVAD H3116.1
SB 5460 - H COMM AMD
By Committee on Government Administration
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.130 and 1979 ex.s. c 265 s 2 are each amended to read as follows:
(1)
No elective official nor any employee of his or her 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 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)). However, the
foregoing provisions of this section shall not apply to the following
activities:
(((1)))
(a) Action taken at an open public meeting by members of an elected
legislative body 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))) (i) any required notice of
the meeting includes the title and number of the ballot proposition, and (((b)))
(ii) members of the legislative body or members of the public are
afforded an approximately equal opportunity for the expression of an opposing
view;
(((2)))
(b) 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; or
(((3)))
(c) Activities which are part of the normal and regular conduct of the
office or agency.
(2) A quasi-public agency organized to provide local government association services may not provide any financial support or use of any of its facilities for or against a ballot proposition or candidate for public office. A quasi-public agency shall be treated as a public office or agency for purposes of this section and shall be subject to the provisions of this section. However, a quasi-public agency is exempt from this section for purposes of providing objective and factual information pertaining to a ballot proposition.
(3) "Quasi-public agency" means a nonprofit or for-profit corporation created in whole or in part to provide local government association services that derives more than fifty percent of its income from dues, assessments, or membership fees paid for with public funds.
(4) "Association services" means performing services on behalf of a local government and includes coordination of administrative programs, preparation of annual reports, communicating with or furnishing information to the legislative or executive branches or their agencies, acting as a coordinating agency, promoting efficient operations, submitting reports and recommendations, or performing any other services on behalf of a local government.
(5) "Local government" means a local public entity and includes a county, city, town, port district, school district, library district, fire protection district, public utility district, a municipal or quasi-municipal corporation, or any other local public entity, and any agent, employee, officer, or elected or appointed official of a local government."
Correct the title.
--- END ---