BILL REQ. #:  H-0740.1 

Read first time 01/14/09.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to improving ethics and integrity; amending RCW 42.52.320 and 42.52.360; adding new sections to chapter 42.52 RCW; adding a new section to chapter 44.28 RCW; and adding a new section to chapter 43.09 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 42.52 RCW to read as follows:
     It is the intent of the legislature to improve the ethical and moral standards, culture, and conduct of all elected senior leadership and staff to become the highest in the nation. In addition, the legislature intends to increase public confidence in the state's governmental processes, in the legislature, and the leadership of its public agencies to be the highest in the nation. The legislature also intends to improve ethics and integrity education and training programs and to make the ethics and integrity of all clients, partners, and vendors to be the best in the nation. With this work, the legislature, elected officials, senior executive leadership, and staff will be recognized as state and national leaders in ethics and integrity.

Sec. 2   RCW 42.52.320 and 1994 c 154 s 202 are each amended to read as follows:
     (1) The legislative ethics board shall enforce this chapter and rules adopted under it with respect to members and employees of the legislature.
     (2) The legislative ethics board shall:
     (a) Develop educational materials and training with regard to legislative ethics for legislators and legislative employees;
     (b) Issue advisory opinions;
     (c) Adopt rules or policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
     (d) Investigate, hear, and determine complaints by any person or on its own motion;
     (e) Impose sanctions including reprimands and monetary penalties;
     (f) Recommend suspension or removal to the appropriate legislative entity, or recommend prosecution to the appropriate authority; ((and))
     (g) Establish criteria regarding the levels of civil penalties appropriate for different types of violations of this chapter and rules adopted under it;
     (h) Develop a legislative plan to provide overall direction and accountability for legislators and staff;
     (i) Coordinate and work with the executive ethics board and the commission on judicial conduct;
     (j) Assess and evaluate the house of representatives' and the senate's ethical culture through employee and stakeholder surveys and publish an annual report that shall be made public; and
     (k) Solicit outside evaluations, studies, and recommendations for improvements from academics, nonprofit organizations, the public disclosure commission, and other entities with expertise in ethics, integrity, and the public sector.
     (3) The board may:
     (a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
     (b) Administer oaths and affirmations;
     (c) Examine witnesses; and
     (d) Receive evidence.
     (4) Subject to RCW 42.52.540, the board has jurisdiction over any alleged violation that occurred before January 1, 1995, and that was within the jurisdiction of any of the boards established under chapter 44.60 RCW. The board's jurisdiction with respect to any such alleged violation shall be based on the statutes and rules in effect at (([the])) the time of the violation.

Sec. 3   RCW 42.52.360 and 2005 c 106 s 5 are each amended to read as follows:
     (1) The executive ethics board shall enforce this chapter and rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education.
     (2) The executive ethics board shall enforce this chapter with regard to the activities of university research employees as provided in this subsection.
     (a) With respect to compliance with RCW 42.52.030, 42.52.110, 42.52.130, 42.52.140, and 42.52.150, the administrative process shall be consistent with and adhere to no less than the current standards in regulations of the United States public health service and the office of the secretary of the department of health and human services in Title 42 C.F.R. Part 50, Subpart F relating to promotion of objectivity in research.
     (b) With respect to compliance with RCW 42.52.040, 42.52.080, and 42.52.120, the administrative process shall include a comprehensive system for the disclosure, review, and approval of outside work activities by university research employees while assuring that such employees are fulfilling their employment obligations to the university.
     (c) With respect to compliance with RCW 42.52.160, the administrative process shall include a reasonable determination by the university of acceptable private uses having de minimis costs to the university and a method for establishing fair and reasonable reimbursement charges for private uses the costs of which are in excess of de minimis.
     (3) The executive ethics board shall:
     (a) Develop and provide educational materials and training;
     (b) Adopt rules and policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
     (c) Issue advisory opinions;
     (d) Investigate, hear, and determine complaints by any person or on its own motion;
     (e) Impose sanctions including reprimands and monetary penalties;
     (f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; ((and))
     (g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules adopted under it;
     (h) Develop a governor's integrity and ethics award program, including criteria for determining annual award recipients;
     (i) Develop a statewide plan to provide overall direction and accountability in all executive branch agencies and statewide elected offices;
     (j) Coordinate and work with the commission on judicial conduct and the legislative ethics board;
     (k) Assess and evaluate each agency's ethical culture through employee and stakeholder surveys and publish an annual report on the results to the public; and
     (l) Solicit outside evaluations, studies, and recommendations for improvements from academics, nonprofit organizations, the public disclosure commission, or other entities with expertise in ethics, integrity, and the public sector.
     (4) The board may:
     (a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
     (b) Administer oaths and affirmations;
     (c) Examine witnesses; and
     (d) Receive evidence.
     (5) Except as provided in RCW 42.52.220, the executive ethics board may review and approve agency policies as provided for in this chapter.
     (6) This section does not apply to state officers and state employees of the judicial branch.

NEW SECTION.  Sec. 4   A new section is added to chapter 42.52 RCW to read as follows:
     The governor's integrity and ethics award program is created, to be administered by the executive ethics board. Annually, the executive ethics board shall recognize local governments, private sectors businesses, educational institutions, and nonprofit organizations with the best ethics and integrity program.

NEW SECTION.  Sec. 5   A new section is added to chapter 42.52 RCW to read as follows:
     All state officers and employees must attend annual ethics and integrity training. Failure to fulfill this annual obligations shall result in the forfeiture of all compensation related to a person's office or employment.

NEW SECTION.  Sec. 6   A new section is added to chapter 42.52 RCW to read as follows:
     (1) Each head of agency must develop an annual ethics and integrity plan for leadership and staff of the agency. The plan must be updated annually, be made available to the public, and:
     (a) Include project management, targets, and timelines;
     (b) Integrate with other accountability, ethics, and integrity programs;
     (c) Identify national and international best practices and superior results;
     (d) Identify opportunities for improvement and barriers to success;
     (e) Develop public-private partnerships where appropriate; and
     (f) Provide an annual report to the legislature that includes recommendations for improving applicable statutes and existing programs and results.
     (2) In addition, each head of agency must create an independent advisory committee of employees and citizens.
     (3) The governor must perform a government accountability and performance review on a quarterly basis.

NEW SECTION.  Sec. 7   A new section is added to chapter 44.28 RCW to read as follows:
     Beginning January 1, 2010, and every four years thereafter, the joint legislative audit and review committee must audit the legislative ethics board and the house of representatives' and the senate's ethics and integrity programs.

NEW SECTION.  Sec. 8   A new section is added to chapter 43.09 RCW to read as follows:
     Beginning January 1, 2010, and every four years thereafter, the state auditor must audit the executive ethics board.