Legislature(2007 - 2008)BELTZ 211
04/10/2008 10:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB368 | |
| HJR41 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 368 | TELECONFERENCED | |
| + | HJR 41 | TELECONFERENCED | |
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.
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