BILL REQ. #:  H-4397.1 

Read first time 01/22/08.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to legislative ethics and integrity; amending RCW 42.52.320; adding new sections to chapter 42.52 RCW; and adding a new section to chapter 44.28 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:
     It is the intent of the legislature to make the ethical and moral standards, culture, and conduct of all elected, senior leadership and staff of the legislature the highest in the nation. In addition, the legislature intends to make the public confidence in the processes and the leadership of the legislature the highest in the nation. With this work, the legislature and the legislative staff will be recognized as state and national leaders in ethics and integrity.

Sec. 2   RCW 42.52.320 and 1994 c 154 s 202 are each amended to read as follows:
     (1) The legislative ethics board shall enforce this chapter and rules adopted under it with respect to members and employees of the legislature.
     (2) The legislative ethics board shall:
     (a) Develop educational materials and training with regard to legislative ethics for legislators and legislative employees;
     (b) Issue advisory opinions;
     (c) Adopt rules or policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
     (d) Investigate, hear, and determine complaints by any person or on its own motion;
     (e) Impose sanctions including reprimands and monetary penalties;
     (f) Recommend suspension or removal to the appropriate legislative entity, or recommend prosecution to the appropriate authority; ((and))
     (g) Establish criteria regarding the levels of civil penalties appropriate for different types of violations of this chapter and rules adopted under it;
     (h) Develop a legislative plan to provide overall direction and accountability for legislators and staff;
     (i) Coordinate and work with the executive ethics board and the commission on judicial conduct;
     (j) Assess and evaluate the house of representatives' and the senate's ethical culture through employee and stakeholder surveys and publish an annual report that shall be made public; and
     (k) Solicit outside evaluations, studies, and recommendations for improvements from academics, nonprofit organizations, the public disclosure commission, and other entities with expertise in ethics, integrity, and the public sector.
     (3) The board may:
     (a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
     (b) Administer oaths and affirmations;
     (c) Examine witnesses; and
     (d) Receive evidence.
     (4) Subject to RCW 42.52.540, the board has jurisdiction over any alleged violation that occurred before January 1, 1995, and that was within the jurisdiction of any of the boards established under chapter 44.60 RCW. The board's jurisdiction with respect to any such alleged violation shall be based on the statutes and rules in effect at (([the])) the time of the violation.

NEW SECTION.  Sec. 3   A new section is added to chapter 42.52 RCW to read as follows:
     All legislators and legislative staff must attend annual ethics and integrity training. Failure to fulfill this annual obligation will cause the forfeiture of all compensation related to the legislator's or legislative staff's office or employment.

NEW SECTION.  Sec. 4   A new section is added to chapter 42.52 RCW to read as follows:
     (1) The house of representatives and the senate must develop an annual ethics and integrity plan for legislators and staff. The plan must be updated annually, be made available to the public, and:
     (a) Include project management, targets, and timelines;
     (b) Integrate with other accountability, ethics, and integrity programs;
     (c) Identify national and international best practices and superior results;
     (d) Identify opportunities for improvement and barriers to success;
     (e) Develop public-private partnerships where appropriate; and
     (f) Provide recommendations for improving applicable statutes and existing programs and results.
     (2) In addition, the house of representatives and the senate must each create an independent advisory committee of employees and citizens to help develop and update the plan created in subsection (1) of this section.

NEW SECTION.  Sec. 5   A new section is added to chapter 44.28 RCW to read as follows:
     Beginning January 1, 2009, and every four years thereafter, the joint legislative audit and review committee must audit the legislative ethics board and the house of representatives' and the senate's ethics and integrity programs.