H-1830.2  _______________________________________________

                          HOUSE BILL 2128

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Sheahan, Appelwick, Cooke, Radcliff, Dyer, Cooper, Schoesler, Costa, D. Schmidt and Anderson

Read first time 02/21/97.  Referred to Committee on Government Administration.

Stating how a state officer or employee may receive a contract or grant in compliance with the ethics code.

    AN ACT Relating to ethics in public service; and amending RCW 42.52.120.

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

    Sec. 1.  RCW 42.52.120 and 1996 c 213 s 6 are each amended to read as follows:

    (1) No state officer or state employee may directly receive any thing of economic value under any contract or grant outside of his or her official duties.  The prohibition in this subsection does not apply where ((the state officer or state employee has complied with RCW 42.52.030(2))):

(a) The contract or grant is not one expressly created or authorized by the officer or employee in his or her official capacity; or

(b) Each of the following conditions are met:

    (((a))) (i) The contract or grant is bona fide and actually performed;

    (((b))) (ii) The performance or administration of the contract or grant is not within the course of the officer's or employee's official duties, or is not under the officer's or employee's official supervision;

    (((c))) (iii) The performance of the contract or grant is not prohibited by RCW 42.52.040 or by applicable laws or rules governing outside employment for the officer or employee;

    (((d))) (iv) The contract or grant is neither performed for nor compensated by any person from whom such officer or employee would be prohibited by RCW 42.52.150(4) from receiving a gift; and

    (((e) The contract or grant is not one expressly created or authorized by the officer or employee in his or her official capacity or by his or her agency;

    (f))) (v) The contract or grant would not require unauthorized disclosure of confidential information.

    (2) In addition to satisfying the requirements of subsection (1) of this section, a state officer or state employee may have a beneficial interest in a grant or contract with a state agency only if:

    (a) The contract or grant is awarded or issued as a result of an open and competitive bidding process in which more than one bid or grant application was received; or

    (b) The contract or grant is awarded or issued as a result of an open and competitive bidding or selection process in which the officer's or employee's bid or proposal was the only bid or proposal received and the officer or employee has been advised by the appropriate ethics board, before execution of the contract or grant, that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties; or

    (c) The process for awarding the contract or issuing the grant is not open and competitive, but the officer or employee has been advised by the appropriate ethics board that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties.

    (3) A state officer or state employee awarded a contract or issued a grant in compliance with subsection (2) of this section shall file the contract or grant with the appropriate ethics board within thirty days after the date of execution; however, if proprietary formulae, designs, drawings, or research are included in the contract or grant, the proprietary formulae, designs, drawings, or research may be deleted from the contract or grant filed with the appropriate ethics board.

    (4) This section does not prevent a state officer or state employee from receiving compensation contributed from the treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality, or the United States and the officer's or employee's agency.  This section does not prohibit a state officer or state employee from serving or performing any duties under an employment contract with a governmental entity.

    (5) As used in this section, "officer" and "employee" do not include officers and employees who, in accordance with the terms of their employment or appointment, are serving without compensation from the state of Washington or are receiving from the state only reimbursement of expenses incurred or a predetermined allowance for such expenses.

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