| Passed by the Senate February 23, 2005 YEAS 46 ________________________________________ President of the Senate Passed by the House April 5, 2005 YEAS 94 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5046 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/12/2005. Referred to Committee on Government Operations & Elections.
AN ACT Relating to ethics complaints; and amending RCW 42.52.425 and 42.52.450.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 42.52.425 and 2000 c 211 s 2 are each amended to read
as follows:
(1) Based on the investigation conducted under RCW 42.52.420 or
42.52.450, and subject to rules issued by each board, the board or the
staff of the appropriate ethics board may issue an order of dismissal
based on any of the following findings:
(a) Any violation that may have occurred is not within the
jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous; or
(c) Any violation that may have occurred does not constitute a
material violation because it was inadvertent and minor, or has been
cured, and, after consideration of all of the circumstances, further
proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection (1) of
this section shall be provided to the complainant, respondent, and the
board. The written notice to the complainant shall include a statement
of the complainant's right to appeal to the board under subsection (3)
of this section if the dismissal order was issued by staff.
(3) In the event that a complaint is dismissed by staff under this
section, the complainant may request that the board review the action.
Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to believe
that a violation has been or is being committed.
(4) The board's decision under subsection (3) of this section shall
be reduced to writing and provided to the complainant and the
respondent.
Sec. 2 RCW 42.52.450 and 1994 c 154 s 215 are each amended to
read as follows:
(1) If a complaint alleges a violation of RCW 42.52.180 by a
legislator or statewide elected official other than the attorney
general, the attorney general shall, if requested by the appropriate
ethics board, conduct the investigation under RCW 42.52.420 and
recommend action ((to the appropriate ethics board)).
(2) If a complaint alleges a violation of RCW 42.52.180 by the
attorney general, the state auditor shall conduct the investigation
under RCW 42.52.420 and recommend action to the appropriate ethics
board.