Z-1278               _______________________________________________

                                                   SENATE BILL NO. 4937

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Thompson, Zimmerman and Rasmussen;by request of Attorney General

Read first time 1/24/86 and referred to Committee on Governmental Operations.

AN ACT Relating to state employees' conflicts of interest; amending RCW 42.18.290; adding a new section to chapter 42.18 RCW; and repealing RCW 42.18.220.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 42.18 RCW to read as follows:

          (1) No former state employee may at any time subsequent to his or her state employment assist another person, whether or not for compensation, in any transaction involving the state in which the state employee at any time participated during his or her state employment.

          (2) No former state employee may share in any compensation received by another person for assistance which such former state employee is prohibited from rendering by subsection (1) of this section.

          (3) No former state employee may, within a period of one year from the date of the termination  of state employment, accept employment from or receive compensation from any private business if a substantial portion of the duties of the state employee in question, during the two years immediately preceding termination of state employment, included making discretionary decisions about the licensing or regulation of the private business or its activities.

          (4) No former state employee may, within a period of one year from the date of termination of state employment, accept employment or receive compensation from any private business as if the state employee, during the two years immediately preceding termination of state employment, was engaged in the negotiation or administration of one or more contracts with the private business, if the contract or contracts have a total value of more than ten thousand dollars.

          (5) No former state employee may accept an offer of employment or receive compensation from any private business if the state employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, as compensation or reward for the performance or nonperformance of a duty by the state employee during the course of state employment.

          (6) For the purposes of this section, the term "private business" includes any natural person, partnership, association, or corporation of any kind or description that is engaged in business activity in this state or elsewhere.  If any natural person, closely associated or related group of natural persons, partnership, or corporation owns or controls two or more businesses, all of the businesses owned or controlled shall be defined as a single private business for the purposes of this section.

        Sec. 2.  Section 29, chapter 234, Laws of 1969 ex. sess. as amended by section 2, chapter 137, Laws of 1973 and RCW 42.18.290 are each amended to read as follows:

          The attorney general of the state of Washington may bring a civil action in the superior court of the county in which the violation was alleged to have occurred against any state employee, former state employee or other person who shall have violated or knowingly assisted any other person in violating any provision of this chapter and in such action may recover the following damages on behalf of the state of Washington:  (1) From each such person a civil penalty of either five hundred dollars or an amount not exceeding three times the amount of the economic value of anything received or sought in violation of this ((1973 amendatory act)) chapter; and (2) any damages sustained by the state, which are caused by the conduct constituting the violation.

NEW SECTION. Sec. 3.  Section 22, chapter 234, Laws of 1969 ex. sess., section 1, chapter 85, Laws of 1984 and RCW 42.18.220 are each repealed.