FORTY-EIGHTH LEGISLATURE

SECOND SESSION, 2008

February 12, 2008

Mr. Speaker:

    Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has been referred

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 309

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 1, line 13, strike "PROVIDING FOR" and insert in lieu thereof "ALLOWING".

     2. On page 1, line 21, after the semicolon, insert "PROVIDING PENALTIES;".

     3. On page 7, line 15, before "government" insert "state employee,".

     4. On page 8, line 16, strike the second occurrence of "or" and insert in lieu thereof a comma.

     5. On page 8, line 17, after "position" insert "or public employment".

     6. On page 9, line 22, through page 10, line 8, strike Paragraphs (5) through (7) in their entirety.

     7. Renumber the succeeding paragraphs accordingly.

     8. On page 11, line 15, strike "and" and between lines 15 and 16, insert the following new paragraphs:

                "(5) compile, adopt, publish and provide to all state officials, state employees, government contractors and lobbyists an ethics guide that clearly and plainly explains the ethics requirements set forth in state law;

                (6) compile, adopt, publish and provide to all state officials, state employees, government contractors and lobbyists a business ethics guide that clearly and plainly explains the ethics requirements set forth in state law as they relate to conducting business with the state;

                (7) offer annual ethics training to all state officials, state employees, government contractors and lobbyists; and".

     9. Renumber the succeeding paragraph accordingly.

     10. On page 11, strike lines 22 through 24 in their entirety.

     11. Renumber the succeeding paragraphs accordingly.

     12. On page 12, between lines 8 and 9, insert the following new subsection:

          "B. The executive director may hire a general counsel for the commission and all other personnel as may be necessary to carry out the responsibilities of the commission.".

     13. Reletter the succeeding subsections accordingly.

     14. On page 19, between lines 9 and 10, insert the following new section: 

     "Section 9. CONFIDENTIALITY--PENALTY.--

          A. A person who discloses any confidential complaints, files, records or communications in violation of Section 8 of the State Ethics Commission Act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.

          B. In addition to a penalty imposed pursuant to Subsection A of this section, the court may impose a civil penalty not to exceed ten thousand dollars ($10,000) for each violation of Section 8 of the State Ethics Commission Act.".

     15. Renumber the succeeding sections accordingly.

     16. On page 21, lines 22 and 23, strike "Five hundred thousand dollars ($500,000)" and insert in lieu thereof "Two hundred fifty thousand dollars ($250,000)".

     17. On page 22, line 5, strike "11 through 13" and insert in lieu thereof "12 through 14".

     18. On page 22, line 7, strike "9 and 10" and insert in lieu thereof "10 and 11".