6414‑S AMS MART

 

 

 

SSB 6414 - S AMD

    By Senator West

 

 

 

    On page 1, after line 4, strike all materials through and including "process." on page 2, line 4 and insert the following:

 

    "NEW SECTION.  Sec. 1.  A new section is added to chapter 43.08 RCW to read as follows:

    (1) Except as provided in subsection (3) of this section, the state treasurer may not enter into an agreement or contract for the services of an underwriter or service provider that has made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement or contract.

    (2) Except as provided in subsection (3) of this section, the state treasurer may not enter into an agreement or contract for the services of an underwriter or service provider that will not, as a condition of entry to the agreement or contract, certify (a) that it has not made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement or contract, and (b) that it will not make a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period beginning on the date of entry into the agreement or contract and ending one year after the date the agreement or contract has been revoked or otherwise become inoperative.

    (3) This section does not apply to agreements or contracts entered into through competitive solicitation or with respect to any reportable contribution made before January 1, 1995.

    (4) As used in this section:

    (a) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria that may include such factors as the service provider or underwriter's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

    (b) "Service provider" means an individual or firm that provides legal or financial advisory assistance to the state or to another service provider or underwriter, for compensation.  The term includes agents, officers, principals, and professional employees of the service provider, but only from the date the individual or firm becomes employed or is retained by a service provider as an agent, officer, principal, or professional employee.

    (c) "Underwriter" means an individual or firm that initially purchases an issue of bonds from the state by a negotiated sale.  The term includes agents, officers, principals, and professional employees of the underwriter, but only from the date the individual or firm becomes employed or is retained by the underwriter as an agent, officer, principal, or professional employee.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 43.33 RCW to read as follows:

    (1) Except as provided in subsection (3) of this section, the state finance committee may not enter into an agreement or contract for the services of an underwriter or service provider that has made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement or contract.

    (2) Except as provided in subsection (3) of this section, the state finance committee may not enter into an agreement or contract for the services of an underwriter or service provider that will not, as a condition of entry to the agreement or contract, certify (a) that it has not made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement or contract, and (b) that it will not make a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the period beginning on the date of entry into the agreement or contract and ending one year after the date the agreement or contract has been revoked or otherwise become inoperative.

    (3) This section does not apply to agreements or contracts entered into through competitive solicitation or with respect to any reportable contribution made before January 1, 1995.

    (4) As used in this section:

    (a) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria that may include such factors as the service provider or underwriter's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

    (b) "Service provider" means an individual or firm that provides legal or financial advisory assistance to the state or to another service provider or underwriter, for compensation.  The term includes agents, officers, principals, and professional employees of the service provider, but only from the date the individual or firm becomes employed or is retained by the service provider as an agent, officer, principal, or professional employee.

    (c) "Underwriter" means an individual or firm that initially purchases an issue of bonds from the state by a negotiated sale.  The term includes agents, officers, principals, and professional employees of the underwriter, but only from the date the individual or firm becomes employed or is retained by the underwriter as an agent, officer, principal, or professional employee.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 43.33A RCW to read as follows:

    (1) Except as provided in subsection (3) of this section, the state investment board may not enter into an agreement or contract for the services of a service provider that has made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement or contract.

    (2) Except as provided in subsection (3) of this section, the state investment board may not enter into an agreement or contract for the services of a service provider that will not, as a condition of entry to the agreement or contract, certify (a) that it has not made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement or contract, and (b)  that it will not make a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the period beginning on the date of entry into the agreement or contract and ending one year after the date the agreement or contract has been revoked or otherwise become inoperative.

    (3) The state investment board may not enter into any partnership agreement with any person who has made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement.

    (4) The state investment board may not enter into a partnership agreement with any person that will not, as a condition of entry to the agreement, certify (a) that it has not made a contribution reportable under chapter 42.17 RCW to a candidate for the office of state treasurer during the two-year period immediately preceding the effective date of such agreement or contract, and (b) that it will not make a contribution reportable under chapter 42.17 RCW to a candidate for state office during the period beginning on the date of entry into the agreement and ending one year after the date the agreement or contract has been revoked or otherwise become inoperative.

    (5) This section does not apply to agreements or contracts entered into through competitive solicitation or with respect to any reportable contribution made before January 1, 1995.

    (6) As used in this section:

    (a) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria that may include such factors as the service provider or underwriter's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

    (b) "Person" includes an individual, partnership, joint venture, public or private corporation, association, or other group of persons, however organized.  The term includes agents, officers, principals, and professional employees of such person, but only from the date the individual or firm becomes employed or is retained by the person as an agent, officer, principal, or professional employee.

    (c) "Service provider" means an individual or firm that provides legal or financial advisory assistance to the state or to another service provider or underwriter, for compensation.  The term includes agents, officers, principals, and professional employees of the service provider, but only from the date the individual or firm becomes employed or is retained by the service provider as an agent, officer, principal, or professional employee."

 

 

    Renumber remaining sections accordingly.

 

 

 

SSB 6414 - S AMD

By Senator West

 

                                                                   

 

    On page 1, line 2 of the title, after "42.17.2401;" strike the remainder of the title and insert "adding new sections to chapter 43.08 RCW; adding a new section to chapter 43.33 RCW; and adding a new section to chapter 43.33A RCW."

 


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