CERTIFICATION OF ENROLLMENT

SECOND SUBSTITUTE HOUSE BILL 1761

Chapter 185, Laws of 2010

61st Legislature
2010 Regular Session



LEGISLATIVE WEB SITES--ETHICAL USE



EFFECTIVE DATE: 06/10/10

Passed by the House March 8, 2010
  Yeas 97   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate March 5, 2010
  Yeas 41   Nays 7


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1761 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved March 24, 2010, 1:29 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
March 24, 2010







Secretary of State
State of Washington


_____________________________________________ 

SECOND SUBSTITUTE HOUSE BILL 1761
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2010 Regular Session
State of Washington61st Legislature2010 Regular Session

By House State Government & Tribal Affairs (originally sponsored by Representatives Hasegawa, Appleton, and Hurst)

READ FIRST TIME 01/26/10.   



     AN ACT Relating to the ethical use of legislative web sites; and amending RCW 42.52.180.

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

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;
     (c) The maintenance of official legislative web sites throughout the year, regardless of pending elections. The web sites may contain any discretionary material which was also specifically prepared for the legislator in the course of his or her duties as a legislator, including newsletters and press releases. The official legislative web sites of legislators seeking reelection shall not be altered between June 30th and November 15th of the election year. The web site shall not be used for campaign purposes;
     (d)
Activities that are part of the normal and regular conduct of the office or agency; and
     (((d))) (e) De minimis use of public facilities by statewide 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.
     (3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130.


         Passed by the House March 8, 2010.
         Passed by the Senate March 5, 2010.
         Approved by the Governor March 24, 2010.
         Filed in Office of Secretary of State March 24, 2010.