HD23 - Study of the Disclosure Filings Required by the State and Local Government Conflict of Interest Act, the General Assembly Conflict of Interest Act and the Lobbyist Disclosure and Regulation Act


Executive Summary:
Joint Subcommittee Studying the Disclosure Filings Required by the State and Local Government Conflict of Interest Act, the General Assembly Conflict of Interest Act and the Lobbyist Disclosure and Regulation Act (HJR 186, 2004) - 2005 Interim

House Joint Resolution 186, agreed to during the 2004 Session of the General Assembly, established a joint subcommittee to study the disclosure filings required by the State and Local Government Conflict of Interest Act, the General Assembly Conflict of Interest Act and the Lobbyist Disclosure and Regulation Act.

The joint subcommittee continued to develop consensus on several issues that had been offered for consideration by members of the joint subcommittee and other interested parties. A total of four full joint subcommittee meetings were held over the course of the interim: May 23rd, July 19th, August 22nd, and December 28th. In addition, the joint subcommittee established a work group to develop recommendations to alleviate conflict of interests concerns related to certain public-private partnerships.

After thoroughly reviewing the proposals the joint subcommittee unanimously agreed on the following legislative recommendations:

1) Prohibit state & local officers and employees from having a personal interest in an interim or comprehensive agreement under the Public-Private Transportation Act (PPTA) and the Public-Private Education Facilities and Infrastructure Act (PPEA);

2) Require a private entity to include with its initial submission of a proposal for a qualifying project unto the disclosure of (i) employs or intends to use the services of a legislator and (ii) whether a legislator has a personal interest in the proposal or the private entity.

3) Amend the General Assembly and State and Local Government Conflict of Interest Acts to (i) clarify that individual stocks and amounts should be listed on the disclosure form, (ii) require net rather than gross amounts regarding disclosure of business interests, (iii) require disclosure of previously deferred compensation when the filer has begun to receive such compensation, (iv) require disclosure of payments made by a filer to a lobbyist for representation, (v) add definitions for "deferred compensation," "deferred compensation plan," and "contingent liability," (vi) revise the definition of "close financial association" and (vii) provide an extension for filing deadlines under the Acts that may fall on a weekend or a legal holiday.

4) Amend the registration and disclosure provisions for lobbyists to (i) raise the threshold for reporting any single entertainment event from $50 to $100, (ii) clarify provisions for exempting uncompensated lobbyists from registration and disclosure requirements, (iii) add a definition of "fair market value," and (iv) add persons employed by a member or member-elect of the General Assembly to provide legislative support to the definition of "legislative official."

[A full report will follow after session.]