HB 1027 - H AMDS 051 ADOPTED 2-28-97

By Representative D. Schmidt

Strike everything after the enacting clause and insert the following:

ANEW SECTION. Sec. 1. A new section is added to chapter 42.17 RCW to read as follows:

(1) Except as provided in this section, during the twelve-month period beginning on December 1^st of the year before a general election for a state official=s election to office and continuing through November 30^th, a state official other than a legislator may not mail to a constituent at public expense a letter, newsletter, brochure, or other piece of literature, and may not make public service broadcasts at public expense. This section does not apply to legislators, who are subject to the restrictions under RCW 42.17.132.

(2) The restriction on mailings under subsection (1) of this section does not apply to the following:

(a) Brochures or other pieces of literature mailed as part of the regular duties of the state office that only refer to the office and do not include the name of the state official, except that the name of the secretary of state may occur in the state voters= pamphlet if he or she is a candidate for office in the same manner as the name of any other candidate;

(b) Individual letters or other individual pieces of correspondence mailed as official communications by the state official, or the office of the state official, directly related to matters within the purview of the official duties of the office;

(c) One mailing of an identical newsletter to constituents that may include the name of the state official no later than thirty days after the start of a regular legislative session and one mailing of an identical newsletter to constituents that may include the name of the state official no later than sixty days after the end of a regular legislative session;

(d) An individual letter to an individual constituent who (i) has contacted the state official regarding the subject matter of the letter during the official's current term of office; or (ii) holds a governmental office with jurisdiction over the subject matter of the letter.

(3) The restriction on public service broadcasts under subsection (1) of this section does not apply to public service broadcasts that are part of the regular duties of the state office that only mention or visually display the state office and do not mention or visually display the name of the state official in the broadcast.

(4) A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW 42.52.180.@

EFFECT: Modifies effective date. Clarifies that the secretary of state is treated like any other candidate in the voters= pamphlet. Allows individual letters and other individual pieces of correspondence to be sent that are part of the official duties of the office.