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                                                   SENATE BILL NO. 5016

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State of Washington                               51st Legislature                              1989 Regular Session

By Senator McDonald

Prefiled with Secretary of the Senate 12/16/88.  Read first time 1/9/89 and referred to Committee on Governmental Operations.

AN ACT Relating to ethics for public officers and employees; adding new sections to chapter 42.22 RCW; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1.     (1) A travel bonus or other marketing offering from a common carrier that:

          (a) Reduces future travel costs in any way with the common carrier; and

          (b) Is received for travel that is reimbursed or otherwise paid under RCW 43.03.060; or

          (c) Is received as a result of an employee's office; shall be disclosed and the amount accrued reported (i) at the time an elected or appointed official or employee of the executive, judicial, or legislative branch applies for reimbursement or other payment under RCW 43.03.060 for travel after the effective date of this act, or (ii) within ninety days after the effective date of this act for travel reimbursed under RCW 43.03.060 prior to the effective date of this act.  Such travel bonus or other marketing offering, or the value of bonuses or offerings that have been used for personal travel, shall be used to pay or defray future authorized travel by such common carrier for travel reimbursed or otherwise paid under RCW 43.03.060.

          (2) If a public or appointed public official or an employee terminates service or employment and has either (i) accrued but unused travel bonuses or other offerings resulting from authorized travel, or (ii) owes the state value for the use for personal travel of travel bonuses or other offerings resulting from authorized travel, the official or employee shall be required to reimburse the state for the accrued but unused bonuses or offerings or value.

          (3) Violation of the disclosure and reporting requirement under subsection (1) of this section by an employee who is seeking or has received reimbursement or payment for travel under RCW 43.03.060 may be grounds for dismissal and shall be subject to a monetary penalty of not:

          (a) Less than the amount sought for reimbursement; or

          (b) More than the value of the bonus or other marketing offering received if it is greater than the amount sought for reimbursement.

          (4) The chief clerk of the house of representatives, secretary of the senate, administrator for the courts, and director of financial management shall jointly develop and prescribe the necessary rules and regulations to implement this section, including the value of the travel bonus or marketing offering.

NEW SECTION. Sec. 2.     Prior to January 1, 1990, the chief clerk of the house of representatives, secretary of the senate, administrator for the courts, and director of the office of financial management shall provide all public officials and employees a statement of the code of ethics set forth in chapter 42.22 RCW and the requirements of section 1 of this act.  Thereafter, a statement of the code of ethics set forth in chapter 42.22 RCW and the requirements of section 1 of this act shall be provided to a public official upon election or appointment and to an employee upon employment.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act are each added to chapter 42.22 RCW.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect on July 1, 1989.