CERTIFICATION OF ENROLLMENT

ENGROSSED SENATE BILL 6093

Chapter 23, Laws of 2003

58th Legislature
2003 1st Special Session



LEGISLATIVE ASSOCIATION CONFERENCES



EFFECTIVE DATE: 9/9/03

Passed by the Senate June 10, 2003
  YEAS 44   NAYS 1

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House June 10, 2003
  YEAS 92   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 6093 as passed by the Senate and the House of Representatives on the dates hereon set forth.

MILTON H. DOUMIT JR.
________________________________________    
Secretary
Approved June 20, 2003.








GARY LOCKE
________________________________________    
Governor of the State of Washington
 
FILED
June 20, 2003 - 2:30 p.m.







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SENATE BILL 6093
_____________________________________________

Passed Legislature - 2003 1st Special Session
State of Washington58th Legislature2003 1st Special Session

By Senators Kohl-Welles, Sheahan, Hale, Brown, T. Sheldon, Spanel, Rossi, Zarelli, Benton, B. Sheldon and Shin

Read first time .   Referred to .



     AN ACT Relating to funding and expenditures for official legislative association conferences; amending RCW 42.52.150; and adding a new section to chapter 42.52 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 42.52 RCW to read as follows:
     When soliciting gifts, grants, or donations to host an official conference within the state of Washington of a national legislative association as approved by both the chief clerk and the secretary of the senate, designated legislative officials and designated legislative employees are presumed not to be in violation of the solicitation and receipt of gift provisions in this chapter. For the purposes of this section, any legislative association must include among its membership the Washington state legislature or individual legislators or legislative staff.

Sec. 2   RCW 42.52.150 and 2003 c 265 (ESSB 5178) s 3 and 2003 c 153 (2SHB 1973) s 6 are each amended to read as follows:
     (1) No state officer or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. For purposes of this section, "single source" means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.
     (2) Except as provided in subsection (4) of this section, the following items are presumed not to influence under RCW 42.52.140, and may be accepted without regard to the limit established by subsection (1) of this section:
     (a) Unsolicited flowers, plants, and floral arrangements;
     (b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
     (c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
     (d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
     (e) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
     (f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
     (g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for deposit in the legislative international trade account created in RCW 44.04.--- (section 1, chapter 265 (Engrossed Substitute Senate Bill No. 5178), Laws of 2003);
     (h) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for the purpose of promoting the expansion of tourism as provided for in RCW 43.330.090;
     (i) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, solicited on behalf of a national legislative association or host committee for the purpose of hosting an official conference under the circumstances specified in section 1 of this act. Anything solicited or accepted may only be received by the national association or host committee and may not be commingled with any funds or accounts that are the property of any person;
     (j)
Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
     (((j))) (k) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.
     (3) The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
     (4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:
     (a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
     (b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
     (c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
     (d) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
     (e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
     (f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
     (g) Those items excluded from the definition of gift in RCW 42.52.010 except:
     (i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
     (ii) Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
     (iii) Flowers, plants, and floral arrangements.
     (5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17 RCW.


         Passed by the Senate June 10, 2003.
         Passed by the House June 10, 2003.
         Approved by the Governor June 20, 2003.
         Filed in Office of Secretary of State June 20, 2003.