5271 AMS HORN S5005

5271 AMS HORN S5005.1

SB 5271 - S AMD - 754

By Senators Horn, Patterson and McCaslin

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 42.52.180 and 1995 c 397 s 30 are each amended to read as follows:

(1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.

(2) This section shall not apply to the following activities:

(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 as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

(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. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The ethics boards shall adopt by rule a definition of measurable expenditure;

(d) De minimis use of public facilities by state-wide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities; and

(e) If invited by a newspaper's editorial board or other person or organization controlling the newspaper's editorial pages, the preparation and delivery to the board, person, or organization of a guest editorial or column that is limited to the subject of a ballot proposition and does not include statements about a candidate, as long as: (i) The guest editorial or column is prepared and delivered by or at the direction of an elected official under whose name and official title it will appear; (ii) the subject of the ballot proposition is within the elected official's constitutional or statutory jurisdiction or authority; and (iii) the elected official has not filed a declaration of candidacy. For the purposes of this subsection (2)(e), it is not a violation of this section for a guest editorial or column by an elected official to argue for or against the proposition or to urge voters to vote for or against it. Nothing in this subsection authorizes any person who has filed a declaration of candidacy to seek or make use of the facilities of an agency for preparation and delivery of a guest editorial or column.

(3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130."

SB 5271 - S AMD - 754

By Senator Horn, Patterson, McCaslin

On page 1, line 2 of the title, after "newspapers;" strike the remainder of the title and insert "and amending RCW 42.52.180."