Legislature(2007 - 2008)BELTZ 211

04/10/2008 10:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Continued from 04/09/08 --
+= HB 368 ETHICS: LEGISLATIVE & GOV/LT GOV TELECONFERENCED
Moved SCS CSHB 368(STA) Out of Committee
+ HJR 41 REPEAL OF SEC. 511 OF P.L. 109-222 TELECONFERENCED
Moved CSHJR 41(RLS) Out of Committee
Bills Previously Heard/Scheduled
            HB 368-ETHICS: LEGISLATIVE & GOV/LT GOV                                                                         
                                                                                                                              
10:17:35 AM                                                                                                                   
CHAIR  MCGUIRE  announced  the consideration  of  HB  368.  [CSHB
368(FIN) AM was before the  committee.] She asked Ms. Anderson to                                                               
tell the committee what this bill needs to accomplish.                                                                          
                                                                                                                                
JOYCE  ANDERSON, Administrator,  Select Committee  on Legislative                                                               
Ethics, said Sections  1 and 2 of Version N.a  were deleted by an                                                               
amendment  at  the  previous  hearing.  Section  3  is  the  gift                                                               
statute, and  her committee recommends relaxing  it for immediate                                                               
family  members  "because of  the  strict  prohibition last  year                                                               
regarding gifts  from lobbyists -- even  immediate family members                                                               
of legislative staffers  were not allowed to receive  a gift from                                                               
their  spouse or  their  sibling  or parent.  And  so the  ethics                                                               
committee  made  a  recommendation  that that  is  an  unintended                                                               
consequence, and so we're recommending [it] be changed."                                                                        
                                                                                                                                
10:18:51 AM                                                                                                                   
SENATOR FRENCH  asked, "Does that  pertain to just  those spouses                                                               
and immediate  family members  who are  lobbyists, or  all family                                                               
members?"                                                                                                                       
                                                                                                                                
MS.  ANDERSON said  it pertains  to  just those  spouses who  are                                                               
lobbyists. "Lobbyist  spouses or immediate family  members, which                                                               
would  be a  parent/child and  siblings. Also,  since legislators                                                               
are not allowed, by statute last year,  to have a spouse who is a                                                               
[registered lobbyist], they were not included in this."                                                                         
                                                                                                                                
CHAIR MCGUIRE said,  "We haven't done anything to  change the old                                                               
rule that you  can give gifts to each other  within a family unit                                                               
with no lobbyist,  so long as they are not  intended to influence                                                               
you."  "This is  simply for  the  case of  a member  that has  an                                                               
immediate family member who's a lobbyist?"                                                                                      
                                                                                                                                
MS. ANDERSON  said that is  correct. Section 4 refers  to interns                                                               
and volunteers,  "and all we  did in  that section was  split the                                                               
two; there's absolutely no language  change at all." Section 5 is                                                               
the split of Section 4 and  5. Section 6 changes the summaries of                                                               
public decisions, which  have to do with  complaints and advisory                                                               
opinions  from a  semiannual publication  to an  annual one.  The                                                               
committee has  not published semiannual  reports since  2001, "so                                                               
it is  a change to just  make it to current  practice." Section 7                                                               
was recommended by  the committee to add a  third fine structure.                                                               
There is  one fine of  $2.00 per day up  to a maximum  of $100.00                                                               
for a late disclosure, and a  $25.00 fine for an inadvertent late                                                               
disclosure. "The ethics  committee is suggesting that  there be a                                                               
very hefty  fine when there  is a willful late  disclosure." That                                                               
will go to $100.00  per day and up to a  maximum of $2,500.00. It                                                               
is based on an experience from last year.                                                                                       
                                                                                                                                
10:21:48 AM                                                                                                                   
CHAIR MCGUIRE said Amendment 1  deleted portions of the bill that                                                               
are in HB 305. She withdrew Amendment 2 from the prior meeting.                                                                 
                                                                                                                                
SENATOR STEVENS asked about the definition of willful.                                                                          
                                                                                                                                
MS.  ANDERSON said  there is  a definition  in statute.  A former                                                               
legislator  refused to  file the  end-of-service disclosures.  He                                                               
refused a  certified letter.  He signed for  the second  one, and                                                               
said he  would not file  the disclosures. The committee  issued a                                                               
fine, and  he will  not pay it.  He hung up  on her.  Because the                                                               
maximum  fine  was  only  $100.00 for  each  fine,  the  Attorney                                                               
General's  office will  not  follow  up because  it  is not  over                                                               
$500.00. The ethics committee feels  there needs to be some teeth                                                               
in the ethics law for those leaving.                                                                                            
                                                                                                                                
10:24:36 AM                                                                                                                   
SENATOR FRENCH  moved to report  CSHB 368(FIN), as  amended, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s). There  being no objection,  SCS CSHB 368(STA)  moved out                                                               
of committee.                                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects