BILL REQ. #:  H-4330.1 

Read first time 01/21/08.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to violation of laws pertaining to the use of public resources for political campaigns; amending RCW 42.17.130 and 42.52.520; and prescribing penalties.

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

Sec. 1   RCW 42.17.130 and 2006 c 215 s 2 are each amended to read as follows:
     (1) No elective official nor any employee of his (([or her])) 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. 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 a 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. However, this does not apply to the following activities:
     (((1))) (a) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, 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, members of the board, council, or commission of the special purpose district, 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; and
     (((3))) (c) Activities which are part of the normal and regular conduct of the office or agency.
     (2) A violation of this section by an elected official shall be considered malfeasance of office and, therefore, subject to recall action.

Sec. 2   RCW 42.52.520 and 1994 c 154 s 222 are each amended to read as follows:
     (1) A violation of this chapter or rules adopted under it is grounds for disciplinary action. A violation of RCW 42.52.180 by the head of an agency or a state employee who is exempt from civil service is cause for dismissal.
     (2) The procedures for any such action shall correspond to those applicable for disciplinary action for employee misconduct generally; for those state officers and state employees not specifically exempted in chapter 41.06 RCW, the rules set forth in chapter 41.06 RCW shall apply. Any action against the state officer or state employee shall be subject to judicial review to the extent provided by law for disciplinary action for misconduct of state officers and state employees of the same category and grade.