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2010 SESSION

10104424D
SENATE JOINT RESOLUTION NO. 147
Offered January 27, 2010
Establishing a joint committee of the Senate and House Committees on Rules and on Privileges and Elections and of the Senate and House Ethics Advisory Panels to study ethics issues affecting the General Assembly. Report.
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Patrons-- Norment, Blevins, McDougle, Quayle, Ruff, Stuart, Wagner and Watkins
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Unanimous consent to introduce
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Referred to Committee on Rules
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WHEREAS, the last major overhaul of ethics legislation occurred 27 years ago when the 1983 General Assembly created the General Assembly Conflicts of Interests Act (GACOIA), removed the oversight of members of the General Assembly from the State and Local Government Conflict of Interests Act, and established two Ethics Advisory Panels—one for the Senate and one for the House; and

WHEREAS, recent events have prompted debate on the adequacy of the current law in spelling out ethics rules, defining improper behavior, and providing for the proper disposition of complaints alleging that the GACOIA has been violated; and

WHEREAS, specific questions have surfaced concerning the power of the Ethics Advisory Panels to complete their investigations, the confidential nature of Panel proceedings, the employment of legislators by state and local governments, and other matters; and

WHEREAS, it is now time to review the GACOIA, study the role of the Panels, and consider possible improvements in the law; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That a joint committee of the Senate and House Committees on Rules and on Privileges and Elections and of the Senate and House Ethics Advisory Panels be established to study ethics issues affecting the General Assembly. The joint committee shall evaluate the adequacy of the current law in spelling out ethics rules, defining improper behavior, and providing for the proper disposition of complaints alleging that the GACOIA has been violated.

The joint committee shall have a total membership of eight members, consisting of (i) one member of the Senate Committee on Rules and one member of the Senate Committee on Privileges and Elections to be appointed by the Senate Committee on Rules upon the recommendation of each of the chairmen of the Senate Committee on Rules and the Senate Committee on Privileges and Elections; (ii) two members of the House Committee on Rules and two members of the House Committee on Privileges and Elections to be appointed by the Speaker of the House of Delegates upon the recommendation of each of the chairmen of the House Committee on Rules and the House Committee on Privileges and Elections; and (iii) the chairmen of the Senate and House Ethics Advisory Panels. The joint committee shall elect a chairman and vice-chairman from among its membership.

In conducting its study, the joint committee shall evaluate the GACOIA, solicit comment from members and the public, and make recommendations for improvements in the law and the procedures to enforce it.

Administrative staff support shall be provided by the Office of the Clerk of the Senate. Legal, research, policy analysis, and other services as requested by the joint committee shall be provided by the Division of Legislative Services. All agencies of the Commonwealth shall provide assistance to the joint committee for this study, upon request.

The joint committee shall be limited to four meetings for the 2010 interim. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint committee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint committee shall be adopted if a majority of the Senate members or a majority of the House members of the joint committee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint committee.

The joint committee shall complete its meetings by November 30, 2010, and the chairman shall submit an executive summary of its findings and recommendations no later than the first day of the 2011 Regular Session of the General Assembly to the Division of Legislative Automated Systems. The executive summary shall state whether the joint committee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2010 interim.