03/25/1997 03:33 PM Senate STA

            SB 105 ETHICS/LOBBYING/CAMPAIGN FINANCE                           
                                                                              
  CHAIR GREEN  announced the committee just received an amendment that         
 includes the Executive Ethics Act under SB 105.  That amendment was           
 included in legislation last year that passed the Senate.                     
                                                                               
  SENATOR WARD    moved to adopt the amendment (#1).  There being no           
 objection, the motion carried.                                                
                                                                               
  SENATOR WARD  moved CSSB 105 (STA) from committee with individual            
 recommendations.                                                              
                                                                               
  CHAIR GREEN  announced a second amendment was prepared that pertains         
 to legislative employees.  She asked Terry Cramer, Legislative                
 Legal and Research Services, to explain the amendment.                        
                                                                               
 TAPE 97-14, SIDE A                                                            
 Number 000                                                                    
                                                                               
  TERRY CRAMER  stated amendment #2 corrects an oversight and pertains         
 how legislative employees who, for the first time, are employed at            
 a Range 19 position and will be required to file financial                    
 disclosure statements.  The general deadline is February 15 for               
 Range 19 employees, however if an employee was a Range 15 and gets            
 promoted to a Range 19 or above, the employee must file within 60             
 days.                                                                         
                                                                               
  SENATOR WARD  withdrew his motion to move CSSB 105(STA) from                 
 committee, and instead moved to adopt amendment #2.  There being no           
 objection, amendment #2 was adopted.                                          
                                                                               
  SENATOR WARD  moved CSSB 105(STA) out of committee with individual           
 recommendations and accompanying fiscal notes.  There being no                
 objection, CSSB 105(STA) moved from the Senate State Affairs                  
 Committee with individual recommendations.                                    
                                                                               
 Number 072                                                                    
                                                                               
  NEIL SLOTNICK , Assistant Attorney General, Department of Law,               
 explained he is responsible for implementation of the Executive               
 Branch Ethics Act and has served in that capacity for the past                
 three years.  He made the following comments.  The Department of              
 Law is opposed to Amendment #1.  From his experience, he believes             
 Amendment #1 is bad for state government and waters down an Act               
 that has worked well for the last ten years.  It makes the Act and            
 more expensive to administer, and is unconstitutional.  The                   
 Executive Branch is different from the Legislative Branch; if the             
 Executive Branch Act needs amending, DOL is open to that, but does            
 not know what problem this approach is trying to fix.  As                     
 supervisor of all Ethics Act cases, he urged legislators to ask               
 questions of him or the Personnel Board on decisions.  He stated if           
 the Legislature is critical of how DOL has handled ethics                     
 complaints, he would like to be informed.  He emphasized that                 
 before changes are made to this Act, a record of problems needs to            
 be established so that they can be addressed in another vehicle.              
 He asked legislators to treat the Executive Branch Ethics Act as a            
 separate subject, because mixing the two will complicate the Act.             
                                                                               
  MIKE MCMULLEN , Director of the Division of Personnel, Department of         
 Administration, stated he will distribute copies of Amendment #1 to           
 the Personnel Board for their review and position.  He asked if               
 DOA's fiscal note is accompanying the bill.                                   
                                                                               
  SENATOR MILLER  answered it is, however CSSB 105 (STA) will be heard         
 in the Senate Finance Committee and adequate time will be available           
 to submit a new fiscal note.   MR. MCMULLEN  stated Amendment #1 will         
 increase the Personnel Board's workload.