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House Bill 1501


House Bill 1501

ARCHIVE (2005)

Latest Information

 

DIGEST OF HB 1501 (Updated April 28, 2005 8:11 pm - DI 106)


Inspector general and deceptive acts. Creates the office of the inspector general, and allows the ethics commission to refer a matter for investigation by the inspector general. Provides that evidence concerning an alleged breach of the code of ethics is confidential until probable cause has been established. Prohibits state officers, employees, and special state appointees employed from accepting employment or other benefits or from participating in any decision that would constitute a conflict of interest. Requires the department of administration to adopt rules requiring a person who lobbies the executive branch to register as an executive branch lobbyist. Mandates a one year waiting period before a former state officer, employee, or special state appointee may accept compensation as: (1) a lobbyist; or (2) an employee of an entity that the former state officer, employee, or special state appointee negotiated with, regulated, supervised, or licensed. Prohibits a former state officer, employee, or special state appointee from any involvement in a particular matter that the state officer, employee, or special state appointee personally and substantially participated in while a state officer, employee, or special state appointee. Allows the commission to: (1) issue reprimands; (2) terminate or suspend an employee or special state appointee; (3) recommend the impeachment of a state officer; and (4) bar a person from state employment; if the commission determines that the person has violated the ethics code or committed other misconduct. Permits a covered employee to appeal a decision of the ethics commission to the state employee appeals commission. Makes: (1) unlawful retaliation against an employee for cooperating with the commission; or (2) interfering with an inspector general investigation; a Class A misdemeanor. Requires the inspector general to investigate wrongdoing affecting state government and establish a code of ethics. Provides that records of the office of the inspector general, other than confidential records, are subject to public inspection. Specifies that the open door law applies to public meetings of the inspector general. Allows the inspector general to bring, in a matter involving public misconduct, a: (1) civil action on behalf of the state if the attorney general does not do so; and (2) criminal prosecution on behalf of the state if a prosecuting attorney does not do so and a court of appeals judge authorizes the appointment of the inspector general as a special prosecutor. Requires random selection of the court of appeals judge who determines whether the inspector general should be appointed as a special prosecuting attorney, and permits the court of appeals judge to appoint either the inspector general or a prosecuting attorney to serve as a special prosecutor. Requires the inspector general to reimburse a prosecuting attorney for reasonable expenses incurred in serving as a special prosecutor. Specifies that the office of the inspector general is a law enforcement agency. Permits a prosecuting attorney to appoint the inspector general or a deputy inspector general as a deputy prosecuting attorney in a case involving public misconduct. Allows the inspector general to bring certain forfeiture actions. Makes official misconduct and profiteering from public service a Class D felony. Permits a person to bring a civil action on behalf of the state to recover money owed to the state due to the filing of a false claim. Allows the attorney general to intervene in a civil action concerning a false claim, and allows the inspector general to intervene if the attorney general is disqualified from intervening or elects not to intervene. Provides that the person initiating the civil action is entitled to 10% to 25% of the proceeds recovered in the action if the attorney general or the inspector general intervenes and 25% to 30% if the attorney general or inspector general does not intervene. Permits the attorney general and the inspector general to issue a civil investigative demand in an action involving a false claim, and establishes procedures for the issuance of civil investigative demands. Provides enhanced relief for a whistleblower who has been retaliated against by an employer for assisting in an investigation concerning a false claim. Requires a contractor that contracts with a governmental body to certify that the contractor, the contractor's affiliates, and persons acting on behalf of the contractor or its affiliates have not violated the terms of the telephone privacy act in the previous year, and will not violate the terms of the telephone privacy act, telephone solicitation act, or automatic dialing act for the duration of the contract. Permits the attorney general to institute a civil action to void a contract under certain circumstances if the contractor: (1) falsely asserts past compliance with the telephone privacy act; or (2) violates the terms of the telephone privacy act, telephone solicitation act, or automatic dialing act while the contract is in effect. Excludes contracts where one party is a political subdivision from compliance with the telephone privacy contracting restrictions. Authorizes the court to provide for the appointment of a receiver in an action brought by the attorney general to enjoin a deceptive act. Provides that the law regulating promotional gifts and contests applies to a notice of a promotion that is delivered by electronic mail or another form of electronic communication. Makes other changes and conforming amendments.
Current Status:
 Law Enacted
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