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Committee considers delaying enforcement under H.1; seeks inter-branch talks on consulting powers

3027974 · April 17, 2025
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Summary

Senate Government Operations members discussed a proposal to extend the start date of the state ethics commission’s enforcement authority under H.1 for two years while further work occurs on the commission’s consulting role and investigatory powers.

The Senate Committee on Government Operations discussed delaying the effective enforcement authority of the State Ethics Commission under bill H.1 for two years to allow stakeholders to clarify whether the commission’s consulting and enforcement roles should apply to the legislative branch.

Senator Becca White told the committee she preferred securing broader committee support before moving the bill, saying she would “rather work a little bit extra harder to get it to a 4 1 or even a 5 0 vote.” Committee members reported advice from legislative counsel and the clerk suggesting constitutional and practical concerns about giving the executive-branch commission enforcement authority over the legislative branch.

Betsy Ann Rask (legislative clerk) and Michael Gray (legislative counsel) advised the committee that the executive branch’s internal structure differs from that of the legislative and judicial branches and that enforcement arrangements that treat branches identically could raise constitutional questions. Committee members said the ethics commission currently lacks staff and subpoena powers needed to run investigations and that delaying enforcement could create time for stakeholders to develop an agreed approach.

Senators discussed several options: (1) retaining the commission’s consulting functions but carving out enforcement for the legislative branch, (2) extending the commission’s enforcement effective date by two years to permit negotiation on a fair enforcement regime, or (3) proceeding now without an inter-branch agreement. Some senators signaled support for a two-year extension to provide time for further study and agreement.

No formal committee vote was recorded on H.1 during the session. Committee members directed staff and counsel to seek clarified draft language that would make any consultation role explicit and to consider an amendment that would extend the ethics commission’s enforcement authority for two years while parties negotiate enforcement and consultative arrangements.