CERTIFICATION OF ENROLLMENT
SUBSTITUTE
SENATE BILL 5149
Chapter 320, Laws of 1997
55th Legislature
1997 Regular Session
MAILINGS BY
LEGISLATORS--RESTRICTIONS
EFFECTIVE DATE: 7/27/97
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Passed by the Senate April 24,
1997
YEAS 33 NAYS 0
 IRV
NEWHOUSE
President of the Senate
Passed by the House April 22, 1997
YEAS 98 NAYS 0
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CERTIFICATE
I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby
certify that the attached is SUBSTITUTE SENATE BILL 5149 as passed by
the Senate and the House of Representatives on the dates hereon set forth.
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CLYDE BALLARD
Speaker of the
House of Representatives
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 MIKE O'CONNELL
Secretary
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Approved May 12, 1997 Place Style On Codes
above, and Style Off Codes below.
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FILED
May 12, 1997 - 3:30 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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S-1783.2 _______________________________________________
SUBSTITUTE
SENATE BILL 5149
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 02/20/97.
Revising restrictions on legislators' newsletters.
AN
ACT Relating to mailings by legislators; amending RCW 42.17.132; adding a new
section to chapter 42.52 RCW; and recodifying RCW 42.17.132.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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; and (D) a Medal of Honor.
(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.
Passed the Senate April 24, 1997.
Passed the House April 22, 1997.
Approved by the Governor May
12, 1997.
Filed
in Office of Secretary of State May 12, 1997.