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F I S C A L I M P A C T R E P O R T

SPONSOR Maestas

ORIGINAL DATE

LAST UPDATED

3/01/07

HB 1296

SHORT TITLE Investigation of Elected Officials by AG

SB

ANALYST Wilson

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

$0.1

$0.1 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

HB 1296 is related to other bills addressing ethics in government.

Responses Received From

Office of the Attorney General (AG)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

House Bill 1296 provides for primary jurisdiction of the Attorney General (AG) to investigate

and prosecute certain crimes committed by officers of the executive and judicial departments

elected on a statewide basis; and provides for concurrent jurisdiction for the attorney general and

district attorneys to investigate and prosecute certain crimes.

FISCAL IMPLICATIONS

This bill could result in an increased caseload for the AG, but it should save money at both the

State and local level by clarifying jurisdictional issues.

SIGNIFICANT ISSUES

HB 1296 provides for primary jurisdiction of the AG to investigate and prosecute certain crimes

committed by officers of the executive and judicial departments elected on a statewide basis for

violations of the Governmental Conduct Act. (GCA) The crimes included in the GCA are:

money wrongfully paid out, violations of expense limit, misuse of public money, tampering with

public records and bribery.

House Bill 1296– Page

2

This bill permits the AG’s office to conduct important prosecutions that will benefit the public

interest in prosecuting government corruption. By specifying that the AG has primary

jurisdiction to prosecute statewide officials, the bill resolves ambiguities in current law and helps

centralize state office prosecutions in the AG’s office.

In cases where the AG has committed a violation of the GCA, the governor shall appoint a

District Attorney (DA) or special prosecutor who may investigate and prosecute the AG. Upon

the failure or refusal of the AG to act in any the above named crimes, the DA in the county

where the state wide elected officer resides or where the violation occurred may investigate and

prosecute an officer for a violation.

The AG and the DA in the county of jurisdiction have concurrent jurisdiction to enforce the

provisions of the GCA if the suspected violator does not hold a statewide office.

ADMINISTRATIVE IMPLICATIONS

The AG anticipates having the resources, but the legislative addition of new attorneys and

investigators for a Governmental Accountability Unit will make these actions more timely and

comprehensive.

RELATIONSHIP

HB 1296 is related to other bills relating to ethics in government such as:

HB 553, Contributions to State Agents & Candidates

HB 818, Public Financing of Statewide Campaigns

HB 819 Gift Act

HB 820, Legislative Campaign Funds for Office Duties

HB 821, Campaign Reporting Requirements

HB 822, State Ethics Commission Act

HB 823, Prohibit Certain Acts by Public Officers

HB 1154, Lobbyist Filing Fees

HB 1295, Retaliation for Ethics Violation Reporting

HB 1053, Campaign Reporting Act Exception Statements

HB 1296, Investigation of Elected Officials by AG

SB 342, Candidate Withdrawal Requirements

SB 400, Contributions to State Agents & Candidates (dup HB 553)

SB 445, Extend Governmental Conduct Act

SB 588, Former Legislators as Lobbyists

SB 671, Candidate Withdrawal Requirements (dup SB

342)

SB 737, Disclosure by Procurement Contractors

SB 796, Legislative Campaign Funds for Office Duties (dup HB 820)

SB 799, Public Financing of Statewide Campaigns (dup HB 818)

SB 800, Campaign Reporting Requirements (dup HB 821)

SB 815, State Ethics Commission Act (dup HB 822)

SB 931, Gift Act (dup HB 819)

SB 953, Lobbyist Filing Fees (dup HB 1154)

SB 1043, Whistleblower Protection Act

SB 1051, Inclusion in Governmental Conduct Act

House Bill 1296– Page

3

SB 1107, Prohibit Certain Acts by Public Officers (dup HB 823)

SB 1137, Reporting of Lobbyist Compensation

SB 1177, Disclosure by Procurement Contractors

TECHNICAL ISSUES

There are several crimes when the AG and the local DA have concurrent jurisdiction. If a dispute

between the AGO and a DA occurs, how might the disagreement be resolved. The bill should

give some procedural guidance.

DW/mt