S-0900.1  _______________________________________________

                         SENATE BILL 5358

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Swecker, Benton, Hochstatter, Finkbeiner, Rossi, Long, Johnson, Zarelli and Oke

Read first time 01/24/97.  Referred to Committee on Government Operations.

Prohibiting the use of public funds to support or oppose ballot propositions.

    AN ACT Relating to a prohibition on the use of public funds to support or oppose ballot propositions; and amending RCW 42.17.130.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    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 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 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;

    (((3))) (c) Activities which are part of the normal and regular conduct of the office or agency.

(2) An agency may not disburse funds in the form of dues or membership fees to an entity that uses any portion of the dues or membership fees for the support of or opposition to a ballot proposition.  This subsection does not apply to funds deducted from a public employee's pay and forwarded to a bargaining representative pursuant to RCW 41.56.110.

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