HB706: General Assembly member; legislative standing to defend laws of the Commonwealth.


HOUSE BILL NO. 706
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Delegate Marshall, R.G.
on January 31, 2014)
(Patron Prior to Substitute--Delegate Gilbert)
A BILL to amend the Code of Virginia by adding a section numbered 30-9.1, relating to member of the General Assembly; standing to defend laws of the Commonwealth.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 30-9.1 as follows:

§ 30-9.1. Standing to defend laws of the Commonwealth.

In a proceeding in which a provision or provisions of the Constitution of Virginia are contested or are at issue, or 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 in such proceeding, the General Assembly, the House of Delegates, the Senate of Virginia, or a current member of the General Assembly at the commencement of the proceeding shall have standing and shall have the right to intervene as a party.

HOUSE BILL NO. 706

Offered January 8, 2014
Prefiled January 7, 2014
A BILL to amend the Code of Virginia by adding a section numbered 30-9.1, relating to member of the General Assembly; standing to defend laws of the Commonwealth.
Patron-- Gilbert

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 30-9.1 as follows:

§ 30-9.1. Standing to defend laws 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 in such proceeding, a current member of the General Assembly at the commencement of the proceeding shall have the right to intervene as a party and shall have standing to represent the interests of the Commonwealth.

2. That an emergency exists and this act is in force from its passage.