5460 AMH GVAD AMH-3116.1

SB 5460 - H COMM AMD

By Committee on Government Administration

                                        ADOPTED AS AMENDED 4/14/97

    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) An association composed of local governments or local government officials and financially supported by local governments may not participate in any election.

(b) The association may (i) gather and disseminate objective and factual information to members relating to a ballot measure; (ii) participate in the determination of a collective position on the ballot measure; and (iii) participate on a committee appointed to prepare arguments to appear in the voter's pamphlet regarding the ballot measure.

(c) Each association shall prepare and submit a full report to the house of representatives government administration committee and the senate government operations committee no later than January 31st of each year through the year 1999 certifying it did not participate in any election during the previous year and providing full disclosure of any activities engaged in by the association under (b) of this subsection during the previous year."

    Correct the title.

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