General Assembly member; legislative standing to defend laws of the Commonwealth. (HB706)
Introduced By
Del. Todd Gilbert (R-Woodstock) with support from co-patron Del. Bob Marshall (R-Manassas)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
✓ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Legislative standing to defend laws of the Commonwealth. Provides that a member of the General Assembly has standing to represent the interests of the Commonwealth in a proceeding in which the constitutionality, legality, or application of a law established under legislative authority is at issue and the Governor and Attorney General choose not to defend the law. The bill contains an emergency clause. Read the Bill »
Status
02/21/2014: Failed to Pass in Committee
History
Date | Action |
---|---|
01/07/2014 | Committee |
01/07/2014 | Prefiled and ordered printed with emergency clause; offered 01/08/14 14102264D |
01/07/2014 | Referred to Committee on Rules |
01/17/2014 | Referred from Rules |
01/17/2014 | Referred to Committee for Courts of Justice |
01/24/2014 | Reported from Courts of Justice with amendments (13-Y 7-N) (see vote tally) |
01/28/2014 | Read first time |
01/29/2014 | Passed by for the day |
01/30/2014 | Passed by for the day |
01/31/2014 | Read second time |
01/31/2014 | Committee amendments rejected |
01/31/2014 | Floor substitute printed 14104529D-H1 (Marshall, R.G.) |
01/31/2014 | Substitute by Delegate Marshall, R.G. agreed to 14104529D-H1 |
01/31/2014 | Emergency clause deleted |
01/31/2014 | Pending question ordered |
01/31/2014 | Engrossed by House - floor substitute HB706H1 |
02/03/2014 | Read third time and passed House (65-Y 32-N) |
02/03/2014 | VOTE: PASSAGE (65-Y 32-N) (see vote tally) |
02/03/2014 | Impact statement from DPB (HB706) |
02/03/2014 | Impact statement from DPB (HB706H1) |
02/04/2014 | Constitutional reading dispensed |
02/04/2014 | Referred to Committee on Rules |
02/21/2014 | Passed by indefinitely in Rules (12-Y 4-N) |
Comments
I do not support HB706. It is NOT the duty of the legislatures to perform the job of the attorney general. When the attorney general declines to defend the Virginia Constitution he has violated his oath of office: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as .......... according to the best of my ability, (so help me God)." and I would expect my elected representative to pursue his removal from office per the Virginia code for neglect of duty.
§ 24.2-233. Removal of elected and certain appointed officers by courts.
Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:
1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or