BILL REQ. #: H-4443.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/27/2004. Referred to Committee on State Government.
AN ACT Relating to poststate employment lobbying; and amending RCW 42.52.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 42.52.080 and 1999 c 299 s 3 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) 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, knowingly make, with the intent to influence, any
communication to or appearance before any officer or employee of any
department or agency of the executive branch or legislative branch of
state government on behalf of any other person.
(7) 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.