The Government Operations & Military Affairs committee reviewed a Senate-passed amendment to H.1 that narrows mandatory consultation requirements between the State Ethics Commission and the legislative, judicial and executive referral bodies, makes the commission's advice confidential, and delays the commission's enforcement authority until Sept. 1, 2027.

Senator Oliver, who reported the bill, told the committee the principal concerns were constitutionality and funding. He said the 2024 law's prior-consultation language attempted to require other branches to consult the commission before taking up referred complaints, a requirement he and his committee concluded risks infringing on each branch's constitutionally assigned disciplinary authorities. "Statute cannot control the constitution," Oliver said, summarizing the committee's constitutional objection.

Under the Senate amendment as described to the committee, the ethics commission will still provide advice when it refers a complaint, but the legislative, judicial and executive referral bodies will not be required to consult with the commission before they act on a referral. The amendment also removes an incorrect cross-reference in the existing statute and postpones the commission's independent enforcement authority until Sept. 1, 2027, citing lack of appropriated staff and funding. Committee members heard that the commission requested funding for two positions, including an attorney, but that the Senate appropriations committee did not provide that funding in this session.

Witnesses who testified to the Senate committee were described by Oliver as having varied views; he listed witnesses including Betsy Ann (clerk), John Bloomer (secretary of the Senate), Carolyn Anderson (chair, Professional Responsibility Board), Paul Gillies (attorney), Peter Teachout (law professor) and Christina Sivert (Ethics Commission). The Senate committee voted out the amendment by a 4-1 margin, and the Senate passed the amended bill on third reading that day.

Following Senator Oliver's presentation, the House committee took a straw poll to "concur with the Senate proposal of amendment" and recorded a 9-0-2 result. Committee members discussed confidentiality language to ensure that advice the commission provides upon referral remains nonbinding and confidential, and they emphasized that nothing in the amendment prevents referral bodies from asking the commission for its view if they choose.

No formal binding action was taken at this meeting; members indicated they were comfortable concurring with the Senate amendment and requested staff to share the final amendment text and vote counts for the record.