BILL REQ. #: Z-1001.2
State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/10/2006. Referred to Committee on Government Operations & Elections.
AN ACT Relating to hosting a national conference of statewide elected officials; amending RCW 42.52.820 and 42.52.150; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that due to the
massive devastation inflicted on the city of New Orleans by hurricane
Katrina on August 29, 2005, the city of New Orleans will not be able
meet its obligation to host the national lieutenant governors'
association's annual conference scheduled for July 17 through July 19,
2006. As a result of this unfortunate situation, the members of the
national lieutenant governors' association officially pressed to have
Washington state host the next annual conference in Seattle,
Washington. Lieutenant Governor Brad Owen has agreed to assist New
Orleans by hosting the 2006 national lieutenant governors'
association's annual conference. The legislature further finds, in
recognition of the unprecedented situation created by this natural
disaster, the high national visibility of this important event, and due
to the limited amount of time remaining for planning and fund-raising,
it is necessary to initiate fund-raising activities for this national
conference as soon as possible and with the assurance that all
statewide elected officials, legislators, and authorized executive and
legislative staff are allowed to solicit the necessary donations to
effectively host this event.
Sec. 2 RCW 42.52.820 and 2003 1st sp.s. c 23 s 1 are each amended
to read as follows:
When soliciting gifts, grants, or donations to host an official
conference within the state of Washington of (1) a national legislative
association or (2) an official conference of statewide elected
officials, as approved by both the chief clerk and the secretary of the
senate, designated executive and legislative officials and designated
executive and legislative employees are presumed not to be in violation
of the solicitation and receipt of gift provisions in this chapter.
For the purposes of this section, any legislative association or
conference of statewide elected officials must include among its
membership the Washington state legislature ((or)), a Washington
official elected statewide, individual legislators, or executive or
legislative staff.
Sec. 3 RCW 42.52.150 and 2003 1st sp.s. c 23 s 2 are each amended
to read as follows:
(1) No state officer or state employee may accept gifts, other than
those specified in subsections (2) and (5) of this section, with an
aggregate value in excess of fifty dollars from a single source in a
calendar year or a single gift from multiple sources with a value in
excess of fifty dollars. For purposes of this section, "single source"
means any person, as defined in RCW 42.52.010, whether acting directly
or through any agent or other intermediary, and "single gift" includes
any event, item, or group of items used in conjunction with each other
or any trip including transportation, lodging, and attendant costs, not
excluded from the definition of gift under RCW 42.52.010. The value of
gifts given to an officer's or employee's family member or guest shall
be attributed to the official or employee for the purpose of
determining whether the limit has been exceeded, unless an independent
business, family, or social relationship exists between the donor and
the family member or guest.
(2) Except as provided in subsection (4) of this section, the
following items are presumed not to influence under RCW 42.52.140, and
may be accepted without regard to the limit established by subsection
(1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value,
such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a
plaque, trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by a state officer or state employee
for the purpose of evaluation or review, if the officer or employee has
no personal beneficial interest in the eventual use or acquisition of
the item by the officer's or employee's agency;
(e) Informational material, publications, or subscriptions related
to the recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions where
attendance is related to the state officer's or state employee's
official duties;
(g) Gifts, grants, conveyances, bequests, and devises of real or
personal property, or both, in trust or otherwise accepted and
solicited for deposit in the legislative international trade account
created in RCW 44.04.270;
(h) Gifts, grants, conveyances, bequests, and devises of real or
personal property, or both, in trust or otherwise accepted and
solicited for the purpose of promoting the expansion of tourism as
provided for in RCW 43.330.090;
(i) Gifts, grants, conveyances, bequests, and devises of real or
personal property, or both, solicited on behalf of a national
legislative association, conference of statewide elected officials, or
host committee for the purpose of hosting an official conference under
the circumstances specified in RCW 42.52.820. Anything solicited or
accepted may only be received by the national association or host
committee and may not be commingled with any funds or accounts that are
the property of any person;
(j) Admission to, and the cost of food and beverages consumed at,
events sponsored by or in conjunction with a civic, charitable,
governmental, or community organization; and
(k) Unsolicited gifts from dignitaries from another state or a
foreign country that are intended to be personal in nature.
(3) The presumption in subsection (2) of this section is rebuttable
and may be overcome based on the circumstances surrounding the giving
and acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this section, a
state officer or state employee of a regulatory agency or of an agency
that seeks to acquire goods or services who participates in those
regulatory or contractual matters may receive, accept, take, or seek,
directly or indirectly, only the following items from a person
regulated by the agency or from a person who seeks to provide goods or
services to the agency:
(a) Unsolicited advertising or promotional items of nominal value,
such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the form of a
plaque, trophy, desk item, wall memento, or similar item;
(c) Unsolicited items received by a state officer or state employee
for the purpose of evaluation or review, if the officer or employee has
no personal beneficial interest in the eventual use or acquisition of
the item by the officer's or employee's agency;
(d) Informational material, publications, or subscriptions related
to the recipient's performance of official duties;
(e) Food and beverages consumed at hosted receptions where
attendance is related to the state officer's or state employee's
official duties;
(f) Admission to, and the cost of food and beverages consumed at,
events sponsored by or in conjunction with a civic, charitable,
governmental, or community organization; and
(g) Those items excluded from the definition of gift in RCW
42.52.010 except:
(i) Payments by a governmental or nongovernmental entity of
reasonable expenses incurred in connection with a speech, presentation,
appearance, or trade mission made in an official capacity;
(ii) Payments for seminars and educational programs sponsored by a
bona fide governmental or nonprofit professional, educational, trade,
or charitable association or institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in the form
of food and beverage on infrequent occasions in the ordinary course of
meals where attendance by the officer or employee is related to the
performance of official duties. Gifts in the form of food and beverage
that exceed fifty dollars on a single occasion shall be reported as
provided in chapter 42.17 RCW.
NEW SECTION. Sec. 4 This act is necessary because of the
unfortunate devastation caused to the city of New Orleans by Hurricane
Katrina and our state's willingness to assist the people of New Orleans
by agreeing to host the national lieutenant governors' association
annual conference on short notice. This act is necessary for the
immediate support of state government and its existing public
institutions and takes effect immediately.