Senate committee debates H.1 change to ethics complaint referrals, separation-of-powers concerns raised

The Senate Committee on Government Operations on March 28 considered H.1, a bill that would amend how the State Ethics Commission refers complaints and the process for consultation with affected bodies.

Representative Martin Malone, chair of the House Judiciary Committee and chair of the House Ethics Panel, told the committee the bill aims to protect the legislature’s constitutional authority over judging the qualifications and discipline of its members. “The bill…has this problematic provision, which impinges on our sole authority under the constitution to judge the qualifications of legislators,” Malone said, arguing that a statute that requires a particular consultation procedure would in effect change the legislature’s own procedural rules.

Legislative counsel Michael O'Grady…