6111-S AAS 2/12/94

SSB 6111 - S AMD

By Senator Drew

                                                   ADOPTED 2/12/94

    On page 4, line 33, after "otherwise" insert "but does not include preparation, consideration, or enactment of legislation or the performance of legislative duties"

SSB 6111 - S AMD

By Senator Drew

                                                   ADOPTED 2/12/94

    On page 6, line 1, after "(19)" insert "(a)"

    On page 6, at the beginning of line 6, strike "(a)" and insert "(i)"

    On page 6, at the beginning of line 7, strike "(b)" and insert "(ii)"

    On page 6, at the beginning of line 8, strike "(c)" and insert "(iii)"

    On page 6, beginning on line 10, strike all material through "legislation." on line 11 and insert the following:

    "(b) "Transaction involving the state" does not include the following:  Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an officer or employee; or a claim, case, lawsuit, or similar matter if the officer or employee did not participate in the underlying transaction involving the state that is the basis for the claim, case, or lawsuit."

SSB 6111 - S AMD

By Senator Drew

                                                   ADOPTED 2/12/94

    On page 6, line 26, after "may" strike "transact business" and insert "participate in a transaction involving the state"

    On page 6, line 29, after "owns" strike "an" and insert "a beneficial"

SSB 6111 - S AMD

By Senator Drew

                                                   ADOPTED 2/12/94

    On page 11, line 5, after "employee" strike "or" and insert "in his or her official capacity or by"

    On page 11, beginning on line 10, after "with" strike all material through "only if:" on line 12 and insert "a state agency only if:"

SSB 6111 - S AMD

By Senators Talmadge and Drew

                                                   ADOPTED 2/12/94

    On page 24, after line 16, insert the following:

    "(7) If the board makes a determination that there is not reasonable cause to believe that a violation has been or is being committed or has made a finding under subsection (6) of this section, the attorney general shall represent the officer or employee in any action subsequently commenced based on the alleged facts in the complaint."

SSB 6111 - S AMD

By Senators Talmadge and Drew

                                                   ADOPTED 2/12/94

    On page 25, after line 15, insert the following:

    "Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendant's conduct complied with this chapter and was within the scope of employment."

SSB 6111 - S AMD

By Senator Drew

                                                   ADOPTED 2/12/94

    On page 24, beginning on line 34, after "believe that" strike "some provision of this chapter" and insert "section 118 of this act"