Current Status Introducing Body:Senate Bill Number:174 Primary Sponsor:Rose Type of Legislation:SR Subject:Senate Rules Date Bill Passed both Bodies:19930225 Computer Document Number:BBM/9013JM.93 Introduced Date:19930112 Date of Last Amendment:19930225 Last History Body:Senate Last History Date:19930225 Last History Type:Amended, adopted Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:Senate Resolution
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
174 Senate 19930225 Amended, adopted
174 Senate 19930224 Debate interrupted by
adjournment
174 Senate 19930218 Made Special Order
174 Senate 19930218 Amended
174 Senate 19930126 Committee Report: Favorable 14
with amendment
174 Senate 19930112 Introduced, referred to 14
Committee
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ADOPTED BY THE SENATE
February 25, 1993
S. 174
S. Printed 2/25/93--S.
Read the first time January 12, 1993.
TO AMEND RULE 45 OF THE RULES OF THE SENATE TO REQUIRE THE SENATE ETHICS COMMITTEE TO NOTIFY THE SENATE OR THE APPROPRIATE STANDING COMMITTEE IN EXECUTIVE SESSION OF THE EXISTENCE AND NATURE OF A PENDING ETHICS COMPLAINT AGAINST ANY MEMBER OR FORMER MEMBER WHO IS APPOINTED TO AN OFFICE REQUIRING CONFIRMATION BY THE SENATE.
Be it resolved by the Senate:
That the subsection (b) of Rule 45 of the Rules of the Senate is amended to read:
"(b) All papers, documents, complaints, charges, requests for advisory opinions, and any other material in the possession of the committee, relating to conduct or disciplinary action against members, are strictly confidential. All such documents or materials are to repose in the office of the Clerk of the Senate and are to be handled by the Clerk in a manner prescribed in Section 20 of Rule 413 on Disciplinary Procedure unless made public by the committee in a report to the Senate.
All proceedings of the Ethics Committee are strictly confidential and only those actions or decisions of the Committee which it authorizes may be disclosed or made public. Provided, that the committee may vote to disclose certain confidential information to the membership of the Senate in Executive Session and the Committee must disclose in Executive Session, any confidential final determination or action of the Committee as is necessary for the members to make a fully informed vote on any matter before the Senate. If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment, then the Senate may not consider the appointment until the Chairman of the Senate Ethics Committee notifies the Senate and any appropriate standing committee, in Executive Session, of the existence and nature of the pending complaint if the Committee after a preliminary investigation finds that probable cause exists to support an alleged violation.
The rules of the Ethics Committee shall provide as a matter of right that a certified copy of the sworn statement of charges against a member must be given to him within ten days of the time the statement of charges is received by the Chairman of the Ethics Committee and that the accused member has the right to face and cross-examine his accusers and the witnesses against him at any hearing called by the Ethics Committee. Any hearing on the merits of a complaint is confidential and must be held in Executive Session unless the person charged requests a public hearing in writing. The Ethics Committee must call a hearing if a majority of the Ethics Committee feels that the charges have merit or if the accused formally requests a hearing."