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Local Legislative Immunity Bill in Virginia Fails
Sunday, February 27th, 2011
Robert Wechsler
Here's a curiosity relating to local official legislative immunity.
According to an
article in statehousenewsonline.com on Friday, Virginia state
senator Chap Peterson sponsored a
bill to give local officials in Virginia legislative immunity. The
bill would have added the following provision to the state code, using the U.S. Constitution's "speech or debate" language:
But Sen. Peterson wanted to be sure, and he wanted to cover all the bases, not just defamation. And so did the state senate, barely, since the bill somehow passed the senate by a vote of 20-20. However, the house rejected the bill in a voice vote.
Robert Wechsler
Director of Research-Retired, City Ethics
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-
An elected member of a local governing body shall not be
compelled by law to be questioned on any speech or debate engaged in by
the
elected member during the exercise of his legislative powers without
leave of
court. However, the provisions of this section shall not restrict the
power of
the local governing body to regulate the conduct of its members.
But Sen. Peterson wanted to be sure, and he wanted to cover all the bases, not just defamation. And so did the state senate, barely, since the bill somehow passed the senate by a vote of 20-20. However, the house rejected the bill in a voice vote.
Robert Wechsler
Director of Research-Retired, City Ethics
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