SENATE BILL REPORT

EHB 2911

BYRepresentatives Nutley and Todd

Exempting school districts and associated students of school districts from certain contract prohibitions.

House Committe on State Government

Senate Committee on Education

Senate Hearing Date(s):February 15, 1990; February 20, 1990

Majority Report:  Do pass.

      Signed by Senators Bailey, Chairman; Lee, Vice Chairman; Bender, Benitz, Fleming, Metcalf, Murray, Rinehart.

Senate Staff:Susan Mosborg (786-7439)

                  February 22, 1990

AS REPORTED BY COMMITTEE ON EDUCATION, FEBRUARY 20, 1990

BACKGROUND:

As a municipal officer, a member of a school district board of directors is prohibited under state law from directly or indirectly benefitting from any contract made by the school board.  Other municipal officers are exempt in certain circumstances from the law governing beneficial interest in a contract.

SUMMARY:

An exemption is added to the current law which prohibits a municipal officer from directly or indirectly benefitting from any contract made under the supervision of the officer.  The exemption applies to a school director who is awarded a contract for goods by competitive bid from the school district or the associated students of the district.

The exemption applies only if:  (1) the member discloses the interest by filing a statement with the county auditor, (2) the member does not participate in any decision of the district regarding the letting of the contract, (3) the member does not personally contact any official or employee of the district to facilitate the preparation of the contract, to promote the awarding of the contract, or to influence the manner in which it is performed, and (4) prior to becoming a member, the member had a similar contractual relationship with the district or associated students for the same kind of goods.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: FOR:  Representative Nutley, prime sponsor; Kris Van Gorkom, Washington Association of School Administrators; Dwayne Slate, Washington State School Directors' Association