AN
ACT Relating to rural development; amending RCW 42.52.080; adding new sections
to chapter 43.31 RCW; repealing RCW 43.31.855, 43.31.857; and repealing 1997 c
377 s 3 (uncodified).
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 43.31 RCW to read as follows:
(1)
The rural development council executive committee and the department are
authorized to establish a successor organization to the rural development
council executive committee created under RCW 43.31.855. The purpose of the
successor organization is, at least in part, to improve the delivery and
accessibility of public and private resources for meeting the needs of rural
communities in Washington.
(2)
For purposes of this section, "successor organization" means a
private nonprofit corporation created specifically to assume responsibility for
administering funds provided by the federal government and other sources to
carry out the purpose state in subsection (1) of this section. A successor
organization must qualify as a tax-exempt nonprofit corporation under section
501(c)(3) of the federal internal revenue code.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.31 RCW to read as follows:
The
executive committee and the department are authorized to take all steps
reasonably necessary and proper to effect the orderly transition of the rural
development council executive committee to the successor organization. This
authorization includes, but is not necessarily limited to, the authority to:
(1)
Transfer any equipment, records, other assets, or contracts for services to the
successor organization under appropriate terms and conditions, including
reasonable compensation for assets acquired with state funds;
(2)
Assist in the establishment of a successor organization, including entering
into contracts preparatory to the establishment of the organization; and
(3)
Unless otherwise provided by agreement, assign to the successor organization
any membership agreements, contracts, license, and other duties and obligations
related to the rural development council.
Sec.
3. RCW
42.52.080 and 1994 c 154 s 108 are each amended to read as follows:
(1)
No former state officer or state employee may, within a period of one year from
the date of termination of state employment, accept employment or receive
compensation from an employer if:
(a)
The officer or employee, during the two years immediately preceding termination
of state employment, was engaged in the negotiation or administration on behalf
of the state or agency of one or more contracts with that employer and was in a
position to make discretionary decisions affecting the outcome of such
negotiation or the nature of such administration;
(b)
Such a contract or contracts have a total value of more than ten thousand dollars;
and
(c)
The duties of the employment with the employer or the activities for which the
compensation would be received include fulfilling or implementing, in whole or
in part, the provisions of such a contract or contracts or include the
supervision or control of actions taken to fulfill or implement, in whole or in
part, the provisions of such a contract or contracts. This subsection shall
not be construed to prohibit a state officer or state employee from accepting
employment with a state employee organization.
(2)
No person who has served as a state officer or state employee may, within a
period of two years following the termination of state employment, have a
direct or indirect beneficial interest in a contract or grant that was
expressly authorized or funded by specific legislative or executive action in
which the former state officer or state employee participated.
(3)
No former state officer or state employee may accept an offer of employment or
receive compensation from an employer if the officer or employee knows or has
reason to believe that the offer of employment or compensation was intended, in
whole or in part, directly or indirectly, to influence the officer or employee
or as compensation or reward for the performance or nonperformance of a duty by
the officer or employee during the course of state employment.
(4)
No former state officer or state employee may accept an offer of employment or
receive compensation from an employer if the circumstances would lead a
reasonable person to believe the offer has been made, or compensation given,
for the purpose of influencing the performance or nonperformance of duties by
the officer or employee during the course of state employment.
(5)
No former state officer or state employee may at any time subsequent to his or
her state employment assist another person, whether or not for compensation, in
any transaction involving the state in which the former state officer or state
employee at any time participated during state employment. This subsection
shall not be construed to prohibit any employee or officer of a state employee
organization from rendering assistance to state officers or state employees in
the course of employee organization business.
(6)
As used in this section, "employer" means a person as defined in RCW
42.52.010 or any other entity or business that the person owns or in which the
person has a controlling interest. For purposes of subsection (1) of this
section, the term "employer" does not include a successor
organization to the rural development council under chapter 43.31 RCW.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.31 RCW to read as follows:
Notwithstanding
anything to the contrary in chapter 41.06 RCW or any other provision of law,
the department may contract to provide funding to a successor organization
under section 1 of this act to carry out activities of the organization that
are consistent with the department's powers and duties. All moneys for
contracts entered into under this section are subject to appropriation.
NEW
SECTION. Sec. 5. The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed, effective June 30, 2000:
(1) RCW
43.31.855 and 1997 c 377 s 1;
(2) RCW
43.31.857 and 1997 c 377 s 2; and
(3) 1997 c
377 s 3 (uncodified).
NEW
SECTION. Sec. 6. The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed, effective June 30, 2002:
(1) RCW
43.31.--- and 1998 c . . . s 1 (section 1 of this act);
and
(2) RCW
43.31.--- and 1998 c . . . s 2 (section 2 of this act).
