Bill Text: VA HB657 | 2010 | Regular Session | Prefiled
Bill Title: General Assembly Conflicts of Interests Act; establishment of General Assembly Ethics Review Panel.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Introduced - Dead) 2010-02-11 - House: Incorporated by Rules (HB655-Armstrong) by voice vote [HB657 Detail]
Download: Virginia-2010-HB657-Prefiled.html
10103629D Patrons-- Armstrong, Abbott, BaCote, Barlow, Brink, Bulova, Carr, Dance, Englin, Herring, Hope, James, Johnson, Keam, Kory, McClellan, McQuinn, Miller, P.J., Morrissey, Plum, Scott, J.M., Shuler, Sickles, Spruill, Surovell, Torian, Tyler, Ward and Watts Be it enacted by the General Assembly of Virginia: 1. That §§30-112, 30-113, 30-114, 30-116 through 30-119, 30-122, 30-126, and 30-127 of the Code of Virginia are amended and reenacted as follows: §30-112. General Assembly Ethics Review Panel; membership; terms; quorum; compensation and expenses. A. The B. The
C.
§30-113. Powers and duties of the Panel. The powers and duties of the Panel shall be applied and used
only in relation to members §30-114. Filing of complaints; procedures; disposition. A. In response to the signed and sworn complaint of any
citizen of the Commonwealth submitted to the Panel, the Panel shall inquire
into any alleged violation of Articles 2 through 5 (§30-102 et seq.) The Panel may use the Director of the Division of Legislative Services, and such additional staff as he may assign, to assist the Panel during its preliminary investigation and during its proceedings. The Panel shall determine during its preliminary investigation whether the facts stated in the complaint taken as true are sufficient to show a violation of Articles 2 through 5 (§30-102 et seq.) by any member. If the facts are insufficient, the complaint shall be dismissed. If the facts are sufficient, the Panel shall proceed with its inquiry. B. If after such preliminary investigation as it may make, the
Panel determines to proceed with an inquiry into the conduct of any legislator,
the Panel (i) shall immediately notify in
writing the individual who filed the complaint and
the cited legislator as to the fact of the inquiry and the
charges against C. Once the Panel determines to proceed with an inquiry into the conduct of any legislator, the Panel shall complete its investigations and dispose of the matter as provided in §30-116 notwithstanding the resignation of the legislator during the course of the Panel's proceedings. D. If at any point during its inquiry, the Panel determines that a signed and sworn complaint filed by a citizen is frivolous and without merit, the Panel may impose on the complainant a civil penalty not to exceed $250. The civil penalty shall be paid to the Office of the Clerk of the Senate or the Office of the Clerk of the House of Delegates as appropriate depending on the complaint's subject being a Senate or House member. E. Any person who willfully files a signed and sworn complaint knowing that the material statements in the complaint are not true is guilty of perjury under §18.2-434. §30-116. Disposition of cases. Within 120 days of the chairman's 1-A. If the Panel determines in its preliminary investigation that the complaint is without merit, the Panel shall dismiss the complaint, so advise the complainant and legislator, and take no further action. In such case, the Panel shall retain its records and findings in confidence unless the legislator under inquiry requests in writing that the records and findings be made public. 1-B. If the Panel determines in the course of its proceedings that the facts and evidence show that the complaint is without merit, the Panel shall dismiss the complaint, so advise the complainant and legislator, and report its action to the Clerks of the House and Senate for the information of the General Assembly. 2. If the Panel determines that there is a reasonable basis to conclude that the legislator has violated the provisions of this chapter but that the violation was not made knowingly, the Panel shall refer the matter by a written report setting forth its findings and the reasons therefor to the appropriate house of the General Assembly for appropriate action. All Panel reports, which are advisory only, shall be delivered to the Clerk of the appropriate house, who shall refer the report to the Committee on Privileges and Elections in accordance with the rules of the appropriate house. Said Committee shall in all cases report, after due hearings and consideration, its determination of the matter and its recommendations and reasons for its resolves to the appropriate house. If the Committee deems disciplinary action warranted, it shall report a resolution to express such action. The appropriate house as a whole shall then consider the resolution, and if it finds the legislator in violation of any provision of this chapter, it may by recorded vote take such disciplinary action as it deems warranted. 3. If the Panel determines that there is a reasonable basis to conclude that the legislator knowingly violated or should have known that he had violated any provision of Article 2 (§30-102 et seq.), 3 (§30-104 et seq.), 4 (§30-107 et seq.) or 5 (§30-109 et seq.) of this chapter, except §30-108 or subsection C of § 30-110, it shall refer the matter by a written report setting forth its findings and the reasons therefor to the Attorney General for such action he deems appropriate. The Panel shall also file its report with the Clerk of the appropriate house, who shall refer the report in accordance with the rules of his house. In the event the Attorney General determines not to prosecute the alleged violation, he shall notify the Clerk of the appropriate house of his determination and the Clerk shall send the report to the Committee on Privileges and Elections. The matter shall thereafter be handled in accordance with the provisions of subdivision 2. 4. If the Panel determines that there is a reasonable basis to
conclude that the legislator has violated §30-108 or subsection C of §30-110,
it shall refer the matter by a written report to the appropriate house pursuant
to subdivision 2. As its first order of business other than organizational
matters and committee work, the house in which the member sits shall
immediately upon the convening of the next regular or special session take up
and dispose of the matter by taking one or more of the following actions: (i)
dismiss the complaint; (ii) sustain the complaint and reprimand the member;
(iii) sustain the complaint, censure the member, and strip the member of his
seniority; (iv) sustain the complaint and expel the member by a two-thirds vote
of the elected members; (v) in the event the house finds 5. The Panel shall make public any report that it refers pursuant to the provisions of subdivision 1-B, 2, 3, or 4 on the date it refers its report. §30-117. Confidentiality of proceedings. All proceedings during the preliminary investigation of any complaint by the Panel, and prior to its
determination to proceed with an inquiry,
shall be confidential. This rule of confidentiality shall apply to Panel
members and their staff, §30-118. Staff for Panel. The Panel shall have the authority to hire staff and outside counsel to assist the Panel and
Division and to conduct examinations of witnesses, subject
to the joint approval of the
President Pro Tempore of the Senate §30-119. Jurisdiction of Panel. The §30-122. Enforcement. The provisions of this chapter shall be enforced by the Attorney General. In addition to any other powers and duties prescribed by law, the Attorney General shall have the following powers and duties: 1. If he determines that any legislator has knowingly violated or should have known that he had violated any provision of this chapter, he shall designate an attorney for the Commonwealth who shall have complete and independent discretion in the prosecution of the legislator; and 2. He shall render advisory opinions to any legislator who seeks advice as to whether the facts in a particular case would constitute a violation of the provisions of this chapter. He shall determine which of his opinions or portions thereof are of general interest to the public and which may, from time to time, be published. Irrespective of whether an opinion of the Attorney General has been requested and rendered, any legislator has the right to seek a declaratory judgment or other judicial relief as provided by law. §30-126. Forfeiture of money, etc., derived from violation of this chapter. In addition to any other fine or penalty provided by law, any
money or other thing of value derived by a legislator from a violation of §§
30-103 through 30-108 shall be forfeited and, in the event §30-127. Criminal prosecutions. A. Violations of this chapter may be prosecuted
notwithstanding the jurisdiction of, or any pending proceeding before, the B. Nothing in this chapter shall limit or affect the application of other criminal statutes and penalties as provided in the Code of Virginia, including but not limited to bribery, embezzlement, perjury, conspiracy, fraud, and violations of the Campaign Finance Disclosure Act Chapter 9.3 (§24.2-945 et seq.) of Title 24.2. |