6009-S AMS CARR S4752.1

SSB 6009  - S AMD75
     By Senators Carrell, Pridemore

ADOPTED 02/11/2012

     On page 6, after line 7, insert the following:

"Sec. 3   RCW 42.52.120 and 1997 c 318 s 1 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;
     (f) The contract or grant would not require unauthorized disclosure of confidential information; and
     (g) The state officer or state employee has attended an ethics training approved by the appropriate ethics board within the past twenty-four months
.
     (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."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

     On page 7, line 24, after "employment" strike all material through "thereafter." and insert ". Beginning January 1, 2013, every state officer and state employee shall attend an ethics training approved by the appropriate ethics board in coordination with other agency-provided training, including sexual harassment training, but no less than every three years. Every state officer and state employee subject to RCW 42.52.150(4) must be provided specialized or enhanced ethics training approved by the appropriate ethics board every three years thereafter."

SSB 6009  - S AMD
     By Senators Carrell, Pridemore

ADOPTED 02/11/2012

     On page 1, at the beginning of line 2 of the title, insert "42.52.120 and"

EFFECT:  Requires that a person must have completed ethics training in the prior 24 months before he or she can accept outside employment. States that ethics training should be coordinated with other mandatory training such as sexual harassment training, but not less than every three years. Persons in regulatory or contracting positions subject to RCW 42.52.150(4) must be provided specialized or enhanced ethics training.

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