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.