S-1456.1  _______________________________________________

                         SENATE BILL 5910

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators McCaslin and Rasmussen

Read first time 02/16/1999.  Referred to Committee on State & Local Government.

Authorizing state legislatures to send a letter to constituents to explain positions taken on ballot measures.

    AN ACT Relating to use of public resources for political campaigns; 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:  (i) Respond to an inquiry regarding a ballot proposition, ((to)) (ii) make incidental remarks concerning a ballot proposition in an official communication, (iii) as a state senator or state representative, initiate one individualized letter to his or her legislative district constituents explaining his or her position on a ballot proposition, or (iv) 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) Activities that are part of the normal and regular conduct of the office or agency; and

    (d) De minimis use of public facilities by state-wide 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.

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