_______________________________________________
ENGROSSED
SUBSTITUTE HOUSE BILL 2128
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 03/05/97.
Stating how a state officer or employee may receive a
contract or grant in compliance with the ethics code.
AN
ACT Relating to ethics in public service; and amending RCW 42.52.120.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
42.52.120 and 1996 c 213 s 6 are each amended to read as follows:
(1)
No state officer or state employee may receive any thing of economic value
under any contract or grant outside of his or her official duties. The
prohibition in this subsection does not apply where the state officer or state
employee has complied with RCW 42.52.030(2) or each of the following conditions
are met:
(a)
The contract or grant is bona fide and actually performed;
(b)
The performance or administration of the contract or grant is not within the
course of the officer's or employee's official duties, or is not under the
officer's or employee's official supervision;
(c)
The performance of the contract or grant is not prohibited by RCW 42.52.040 or
by applicable laws or rules governing outside employment for the officer or
employee;
(d)
The contract or grant is neither performed for nor compensated by any person
from whom such officer or employee would be prohibited by RCW 42.52.150(4) from
receiving a gift;
(e)
The contract or grant is not one expressly created or authorized by the officer
or employee in his or her official capacity ((or by his or her agency));
(f)
The contract or grant would not require unauthorized disclosure of confidential
information.
(2)
In addition to satisfying the requirements of subsection (1) of this section, a
state officer or state employee may have a beneficial interest in a grant or
contract or a series of substantially identical contracts or grants with
a state agency only if:
(a)
The contract or grant is awarded or issued as a result of an open and
competitive bidding process in which more than one bid or grant application was
received; or
(b)
The contract or grant is awarded or issued as a result of an open and
competitive bidding or selection process in which the officer's or employee's
bid or proposal was the only bid or proposal received and the officer or
employee has been advised by the appropriate ethics board, before execution of
the contract or grant, that the contract or grant would not be in conflict with
the proper discharge of the officer's or employee's official duties; or
(c)
The process for awarding the contract or issuing the grant is not open and
competitive, but the officer or employee has been advised by the appropriate
ethics board that the contract or grant would not be in conflict with the
proper discharge of the officer's or employee's official duties.
(3)
A state officer or state employee awarded a contract or issued a grant in
compliance with subsection (2) of this section shall file the contract or grant
with the appropriate ethics board within thirty days after the date of
execution; however, if proprietary formulae, designs, drawings, or research are
included in the contract or grant, the proprietary formulae, designs, drawings,
or research may be deleted from the contract or grant filed with the
appropriate ethics board.
(4)
This section does not prevent a state officer or state employee from receiving
compensation contributed from the treasury of the United States, another state,
county, or municipality if the compensation is received pursuant to
arrangements entered into between such state, county, municipality, or the
United States and the officer's or employee's agency. This section does not
prohibit a state officer or state employee from serving or performing any
duties under an employment contract with a governmental entity.
(5)
As used in this section, "officer" and "employee" do not
include officers and employees who, in accordance with the terms of their
employment or appointment, are serving without compensation from the state of
Washington or are receiving from the state only reimbursement of expenses
incurred or a predetermined allowance for such expenses.
