FINAL BILL REPORT

2SHB 1761

C 185 L 10

Synopsis as Enacted

Brief Description: Addressing the ethical use of legislative web sites.

Sponsors: House Committee on State Government & Tribal Affairs (originally sponsored by Representatives Hasegawa, Appleton and Hurst).

House Committee on State Government & Tribal Affairs

Senate Committee on Government Operations & Elections

Background:

State ethics laws and legislative ethics rules prohibit the use of any person, money, or property under a legislator’s official control or direction or in his or her official custody for the private benefit or gain of the legislator. However, there are exceptions to this prohibition, and the Legislative Ethics Board (Board) has general rules interpreting the exceptions. For example, if there is no actual cost to the state or the cost is de minimis, if there is a public benefit, and if the use does not interfere with the performance of official duties, then infrequent and incidental use of state resources for private benefit may be permissible.

In addition, a legislator may not use or authorize the use of state facilities, directly or indirectly, for the purpose of assisting a campaign for election of a person to office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a legislator with the authority to direct, control, or influence the actions of the state officer or state employee using the public resources constitutes a violation. Facilities of an agency include stationery, office space, publications, and use of state employees. Among the exceptions to this prohibition: a legislator may use state facilities for activities that are part of the normal and regular conduct of the office; and he or she may have de minimis use of public facilities incidental to the preparation or delivery of communications.

Recent Board Complaint Opinions have held that a "legislator’s use of legislative press releases, prepared with the facilities of the House of Representatives or of the Senate, through the posting of those releases on a legislator’s campaign website constitutes a use of the facilities of an agency (public resources) in support of his or her campaign in violation of RCW 42.52.180."

Summary:

An exception to the prohibition against the use of public facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for the election of a person to an office or for the promotion of or opposition to a ballot proposition is added. Official legislative websites may be maintained, unaltered, throughout the year, regardless of pending elections. The websites may contain any discretionary material which was also specifically prepared for the legislator in the course of his or her duties as a legislator. This includes newsletters and press releases. However, the website may not be used for campaign purposes. The websites must not be altered after June 30 of an election year for legislators seeking re-election.

Votes on Final Passage: