Brief Description: Regarding private business activities in state-owned housing provided by the department of fish and wildlife or the parks and recreation commission.

Sponsors: Senate Committee on Government Operations & Elections (originally sponsored by Senators Fairley, Roach, Benton and Oemig; by request of Parks and Recreation Commission).

Senate Committee on Government Operations & Elections
House Committee on State Government & Tribal Affairs

Background: All state employees are bound by state ethics outlined in the Public Service Act (the Act). The Act addresses conflicts of interest, improper use of state resources, compensation for outside activities, gifts, and creates the executive ethics board (Board). The Board is composed of five members. The Board enforces the law, promulgates interpretive rules, adopts rules and policies governing the conduct of business by the Board, and provides advisory opinions.

State officers and state employees may not use any person, money, or property under their official control or direction for the private benefit or gain of the officer, employee, or another. State officers and state employees may not use his or her position to secure special privileges for himself or herself, or his or her spouse.

Summary: The Department of Fish and Wildlife (Department) and the Parks and Recreation Commission (Commission) are authorized to approve private business activity in state-owned housing for off-duty employees, their spouses, and the employee's children. The Department and the Commission are required to adopt a private business activity policy subject to approval by the Board. The policy may only authorize private business activities for: the resident state employee while the employee is off duty; an employee's spouse who is approved for residency; and the employee's children. A state employee is presumed to not violate ethics laws if the employee, employee's spouse, or child complies with provisions of the Act.

Activity may not negatively impact agency operations. Private business activity is defined as those activities that do not negatively impact the agency's operation. Negative impacts include, but is not limited to: negative impacts to visitors' services or access; in-person visits to state-owned housing for the purposes of transacting business; the incurrence of additional expenses by the state; and an appearance of state endorsement of the private business activity.

Votes on Final Passage:

Senate      48   0
House      94   0   (House amended)
Senate      46   0   (Senate concurred)

Effective: June 12, 2008