1168 AMS LONG S2389.2
HB 1168 - S AMD - 416
By Senators Long and Spanel
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.132 and 1995 c 397 s 5 are each amended to read as follows:
(1)
During the twelve-month period ((preceding the last day for certification of
the election results for a state legislator's election to office)) beginning
on December 1st of the year before a general election for a state legislator's
election to office and continuing through November 30th immediately after the
general election, the legislator may not mail, either by regular mail or
electronic mail, to a constituent at public expense a letter, newsletter,
brochure, or other piece of literature, except as ((provided in this
section.)) follows:
(a)
The legislator may mail ((one)) two mailings of newsletters to
constituents. All newsletters within each mailing of newsletters must be
identical as to their content but not as to the constituent name or address.
One such mailing may be mailed no later than thirty days after the start of
a regular legislative session ((and one)), except that a legislator
appointed during a regular legislative session to fill a vacant seat may have
up to thirty days from the date of appointment to send out the first mailing.
The other mailing may be mailed no later than sixty days after the
end of a regular legislative session ((of identical newsletters to
constituents)).
(b)
The legislator may mail an individual letter to (i) an individual
constituent who (((1))) has contacted the legislator regarding the
subject matter of the letter during the legislator's current term of office; ((or
(2))) (ii) an individual constituent who holds a governmental office
with jurisdiction over the subject matter of the letter; or (iii) an
individual constituent who has received an award or honor of extraordinary
distinction of a type that is sufficiently infrequent to be noteworthy to a
reasonable person, including, but not limited to: (A) An international or
national award such as the Nobel prize or the Pulitzer prize; (B) a state award
such as Washington scholar; (C) an Eagle Scout award; (D) a Medal of Honor; (E)
a one-hundredth birthday; and (F) a seventy-fifth wedding anniversary.
(2) For purposes of subsection (1) of this section, "legislator" means a legislator who is a "candidate," as defined by RCW 42.17.020, for any public office.
(3) 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.
(4)
The house of representatives and senate shall specifically limit expenditures
per member for the total cost of mailings((, including)). Those
costs include, but are not limited to, production costs,
printing costs, and postage costs. The limits imposed under this subsection
apply only to the total expenditures on mailings per member and not to any
categorical cost within the total.
(5) For purposes of this section, persons residing outside the legislative district represented by the legislator are not considered to be constituents, but students, military personnel, or others temporarily employed outside of the district who normally reside in the district are considered to be constituents.
NEW SECTION. Sec. 2. RCW 42.17.132, as amended by this act, is recodified as a new section in chapter 42.52 RCW, to be placed between RCW 42.52.180 and 42.52.190."
Correct the title.
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EFFECT: 1. Clarifies the meaning of the phrase "An award or honor of extraordinary distinction."
2. Clarifies that the award can be an international or national award, but need not be both.
3. Allows a legislator appointed during a regular legislative session at least 30 days to send out a first newsletter to constituents, but this does not apply to legislators appointed after the regular legislative session adjourns.
4. Clarifies that a legislator restricted by this section must be a candidate for a public office, not just a candidate for office.
5. Clarifies who is a constituent.