S-0742.1  _______________________________________________

 

                         SENATE BILL 5460

          _______________________________________________

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senators McCaslin, Deccio and Zarelli

 

Read first time 01/27/97.  Referred to Committee on Government Operations.

Limiting the use of public funds for political activities.


    AN ACT Relating to the use of public funds; and amending RCW 42.17.130, 36.32.350, and 36.47.040.

 

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 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) No association, organization, or entity that derives more than twenty-five percent of its income from dues, assessments, or membership fees paid with public funds may provide any financial support or use of its facilities for or against a ballot proposition or candidate for public office.

 

    Sec. 2.  RCW 36.32.350 and 1991 c 363 s 59 are each amended to read as follows:

    County legislative authorities may designate the Washington state association of counties as a coordinating agency in the execution of duties imposed by RCW 36.32.335 through 36.32.360 and reimburse the association from county current expense funds in the county legislative authority's budget for the costs of any such services rendered.  No reimbursement shall be made for contributions to political committees or for funds used as political contributions.  Such reimbursement shall be paid on vouchers submitted to the county auditor and approved by the county legislative authority in the manner provided for the disbursement of other current expense funds and the vouchers shall set forth the nature of the service rendered, supported by affidavit that the service has actually been performed.

 

    Sec. 3.  RCW 36.47.040 and 1991 c 363 s 71 are each amended to read as follows:

    Each county which designates the Washington state association of county officials as the agency through which the duties imposed by RCW 36.47.020 may be executed is authorized to reimburse the association from the county current expense fund for the cost of any such services rendered((:  PROVIDED, That)).  However, no reimbursement shall be made to the association for any expenses incurred under RCW 36.47.050 for travel, meals, or lodging of such county officials, or their representatives at such meetings, but such expenses may be paid by such official's respective county as other expenses are paid for county business.  Such reimbursement shall be paid only on vouchers submitted to the county auditor and approved by the legislative authority of each county in the manner provided for the disbursement of other current expense funds.  Each such voucher shall set forth the nature of the services rendered by the association, supported by affidavit that the services were actually performed.  No reimbursement shall be made for contributions to political committees or for funds used as political contributions.

 


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