(GovtEthics) Government Ethics

HB 1472 Conflict of Interests Act, State and Local Government; prohibited contracts, exceptions.

Chief patron: Lingamfelter

Summary as passed House:

State and Local Government Conflict of Interests Act; prohibited contracts; exceptions for certain contracts entered into by an officer or employee of a soil and water conservation district. Provides an exception to the prohibition against contracts between employing agencies and their officers or employees for contracts by an officer or employee of a soil and water conservation district to participate in a cost-share program for the installation of best management practices to improve water quality. The exception does not apply to subcontracts or other agreements entered into to provide services for implementation of a cost-share contract established under such program. The bill provides that the exception applies to all contracts entered into on and after July 1, 2017, and to any contract entered into by an officer or employee or an immediate family member of such officer or employee with a soil and water conservation district to participate in a cost-share program for the installation of best management practices to improve water quality prior to the effective date of this act.

02/16/17 House: Bill text as passed House and Senate (HB1472ER)
02/16/17 House: Signed by Speaker
02/17/17 Senate: Signed by President
02/17/17 House: Enrolled Bill communicated to Governor on 2/17/17
02/17/17 Governor: Governor's Action Deadline Midnight, February 24, 2017

HB 1727 State and Local Government Conflict of Interests Act; school boards and school board employees.

Chief patron: Ransone

Summary as introduced:
State and Local Government Conflict of Interests Act; school boards and school board employees. Provides that school divisions located in Planning District 17, Northern Neck, are not subject to the prohibition against hiring a school division employee who is related to a member of the school board under certain circumstances.

02/16/17 House: Signed by Speaker
02/17/17 Senate: Signed by President
02/17/17 House: Enrolled Bill communicated to Governor on 2/17/17
02/17/17 Governor: Governor's Action Deadline Midnight, February 24, 2017
02/21/17 Governor: Approved by Governor-Chapter 146 (effective 7/1/17)

HB 1854 Conflicts of Interests Acts, State & Local Government & General Assembly, lobbyist, filing.

Chief patron: Gilbert

Summary as passed House:

Lobbyist reporting, the State and Local Government Conflict of Interests Act, and the General Assembly Conflicts of Interests Act; filing of required disclosures; registration of lobbyists; candidate filings; judges; definition of gift; informal advice; civil penalties; technical amendments. Makes numerous changes to the laws governing lobbyist reporting, the conflict of interest acts, and the Virginia Conflict of Interest and Ethics Advisory Council (the Council), including (i) allowing the Secretary of the Commonwealth to suspend any penalty that could be assessed against a lobbyist's principal for failing to file the required disclosure if such failure is beyond the control of the principal; (ii) clarifying the procedures for terminating the services of a lobbyist; (iii) requiring that lobbyist registration forms be filed electronically; (iv) eliminating the requirement that a lobbyist list the names, addresses, and telephone numbers of all other lobbyists representing the same principal; (v) creating a separate statement for a lobbyist's principal to waive the principal signature requirement on the lobbyist disclosure form; (vi) granting the clerk of the local governing body or school board the same power as the Council to redact from any disclosure form released to the public any residential address, personal telephone number, or signature; (vii) eliminating the minimum duration of the mandatory refresher ethics orientation session for General Assembly members; (viii) allowing written informal advice from the Council to confer immunity from prosecution upon individuals acting in accordance with such advice; (ix) clarifying the Council's authority to grant extensions from the filing deadline and imposing a $250 civil penalty on agency heads or local clerks who fail to provide the disclosure forms to filers in a timely manner; (x) requiring lobbyists to provide a report of gifts made during a regular session of the General Assembly no later than three weeks after adjournment to legislators and certain executive branch officials who are required to file a session gift report; and (xi) directing that candidates for statewide office and the General Assembly are required to file a disclosure form with the State Board of Elections and candidates for a constitutional office are required to file a disclosure form with the local general registrar. The bill also extends the filing deadline for disclosure forms from January 15 to February 1 and clarifies the reporting period covered by the disclosure forms. The bill eliminates events open to individuals who share a common interest from the definition of a "widely attended event," attendance at which is not subject to the gift cap. The bill also exempts from the definition of a "gift" (a) gifts from a person's child-in-law; (b) gifts related to a person's volunteer service; (c) meals provided for attendance at an official meeting of the Commonwealth, its political subdivisions, or certain other entities; and (d) attendance at a reception or similar function. The bill also exempts members of the judiciary from certain provisions governing prohibited gifts and prohibited personal interests in a transaction where such members are already subject to similar or greater prohibitions under the Canons of Judicial Conduct for the State of Virginia. The bill also clarifies that a legislator may have a personal interest in a contract with a government agency, not including a legislative branch agency, when the Virginia Public Procurement Act allows the award of such contract without competition. The bill further clarifies the exceptions that allow state and local officers and employees who have a person interest in a transaction to participate in the transaction. Finally, the bill contains technical amendments. The bill contains an emergency clause that applies to the changes described in clauses (x) and (xi).

EMERGENCY

02/16/17 House: Senate substitute rejected by House 17105400D-S1 (0-Y 97-N)
02/16/17 House: VOTE: REJECTED EMERGENCY (0-Y 97-N)
02/20/17 Senate: Senate insisted on substitute (40-Y 0-N)
02/20/17 Senate: Senate requested conference committee
02/21/17 House: House acceded to request

HB 2354 Conflict of interests; school board employees.

Chief patron: Rush

Summary as introduced:
Conflicts of interest; school board employees. Eliminates the prohibitions against any division superintendent recommending for employment and any school board employing or paying any teacher or other school board employee who is the father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of the division superintendent or any member of the school board.

02/20/17 Senate: Reported from General Laws and Technology with substitute (15-Y 0-N)
02/20/17 Senate: Committee substitute printed 17105718D-S1
02/21/17 Senate: Constitutional reading dispensed (39-Y 0-N)
02/22/17 Senate: Read third time
02/22/17 Senate: Passed Senate (40-Y 0-N)

HB 2380 Virginia Conflict of Interest and Ethics Advisory Council; investigative authority.

Chief patron: Simon

Summary as introduced:
Virginia Conflict of Interest and Ethics Advisory Council; investigative authority. Authorizes the Virginia Conflict of Interest and Ethics Advisory Council to investigate alleged violations of the State and Local Government Conflict of Interests Act and the General Assembly Conflicts of Interests Act (the Acts). The Council may initiate an investigation upon its own motion or in response to a citizen complaint. Before beginning an investigation in response to a citizen complaint, the Council is required to conduct a preliminary inquiry to determine whether the facts stated in the complaint, when taken as true, are sufficient to show a violation of the Acts warrants an investigation. The bill details (i) the authority of the Council to issue subpoenas and the rights of the subject of an investigation; (ii) prerequisites for a finding of a violation of the Acts, including the conduct of a public hearing; and (iii) the requirements for referral of a violation of the Acts to appropriate authorities.

01/17/17 House: Referred to Committee for Courts of Justice
01/18/17 House: Assigned Courts sub: Ethics
01/27/17 House: Subcommittee recommends laying on the table
02/01/17 House: Impact statement from DPB (HB2380)
02/07/17 House: Left in Courts of Justice

HB 2438 General Assembly Conflicts of Interests Act; contracts by legislators.

Chief patron: Gilbert

Summary as introduced:
General Assembly Conflicts of Interests Act; contracts by legislators. Clarifies that a legislator may have a personal interest in a contract with an executive or judicial branch agency or a local government agency when the Virginia Public Procurement Act allows the award of such contract without competition.

01/20/17 House: Referred to Committee for Courts of Justice
01/24/17 House: Assigned Courts sub: Ethics
01/27/17 House: Subcommittee recommends incorporating (HB1854-Gilbert)
02/01/17 House: Impact statement from DPB (HB2438)
02/03/17 House: Incorporated by Courts of Justice (HB1854-Gilbert)

HR 302 House Ethics Advisory Panel; confirming nomination by the Speaker of the House of Delegates.

Chief patron: Howell

Summary as passed House:

House Ethics Advisory Panel; confirming nomination by the Speaker of the House of Delegates. Confirms nominations made by the Speaker of the House of Delegates to the House Ethics Advisory Panel.

01/25/17 House: Amendment by Delegate Cox agreed to
01/25/17 House: Engrossed by House as amended HR302E
01/25/17 House: Printed as engrossed 17102051D-E
01/25/17 House: Agreed to by House (98-Y 0-N)
01/25/17 House: VOTE: ADOPTION (98-Y 0-N)

SB 965 State and Local Government Conflict of Interests Act; prohibited contracts.

Chief patron: Hanger

Summary as introduced:
State and Local Government Conflict of Interests Act; prohibited contracts; exceptions for certain contracts entered into by an officer or employee of a soil and water conservation district. Provides an exception to the prohibition against contracts between employing agencies and their officers or employees for contracts by an officer or employee of a soil and water conservation district to participate in a cost-share program for the installation of best management practices to improve water quality. The exception does not apply to subcontracts or other agreements entered into to provide services for implementation of a cost-share contract established under such program. The bill provides that the exception applies to all contracts by an officer or employee or an immediate family member of such officer of or employee with a soil and water conservation district to participate in a cost-share program for the installation of best management practices to improve water quality entered into prior to July 1, 2017.

02/16/17 House: Reported from General Laws (22-Y 0-N)
02/20/17 House: Read second time
02/21/17 House: Read third time
02/21/17 House: Passed House BLOCK VOTE (98-Y 0-N)
02/21/17 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)

SB 1294 Conflicts of Interests Acts, State and Local Government and General Assembly; prohibited gifts.

Chief patron: Vogel

Summary as introduced:
State and Local Government Conflict of Interests Act; General Assembly Conflicts of Interests Act; certain gifts prohibited. Replaces the $100 annual cap on gifts to (i) members of and candidates for the General Assembly and their immediate family members from a lobbyist or lobbyist's principal and (ii) state and local officers and employees required to file a statement of economic interests and their immediate family members from a lobbyist or lobbyist's principal or a person, organization, or business who is or is seeking to become a party to a contract with the officer or employee's agency local agency with an absolute ban on gifts from such individuals. The only exceptions to this gift ban are (i) gifts from foreign dignitaries received on behalf of the Commonwealth or a locality and (ii) travel approved by the Virginia Conflict of Interest and Ethics Advisory Council.

01/10/17 Senate: Prefiled and ordered printed; offered 01/11/17 17102993D
01/10/17 Senate: Referred to Committee on Rules
01/31/17 Senate: Impact statement from DPB (SB1294)
02/08/17 Senate: Left in Rules

SB 1312 Conflicts of Interests Acts, State & Local Government & General Assembly, lobbyist, filing.

Chief patron: Norment

Summary as passed Senate:

Lobbyist reporting, the State and Local Government Conflict of Interests Act, and the General Assembly Conflicts of Interests Act; filing of required disclosures; registration of lobbyists; candidate filings; judges; definition of gift; informal advice; civil penalties; technical amendments. Makes numerous changes to the laws governing lobbyist reporting, the conflict of interest acts, and the Virginia Conflict of Interest and Ethics Advisory Council (the Council), including (i) allowing the Secretary of the Commonwealth to suspend any penalty that could be assessed against a lobbyist's principal for failing to file the required disclosure if such failure is beyond the control of the principal; (ii) clarifying the procedures for terminating the services of a lobbyist; (iii) requiring that lobbyist registration forms be filed electronically; (iv) eliminating the requirement that a lobbyist list the names, addresses, and telephone numbers of all other lobbyists representing the same principal; (v) creating a separate statement for a lobbyist's principal to waive the principal signature requirement on the lobbyist disclosure form; (vi) granting the clerk of the local governing body or school board the same power as the Council to redact from any disclosure form released to the public any residential address, personal telephone number, or signature; (vii) eliminating the minimum duration of the mandatory refresher ethics orientation session for General Assembly members; (viii) allowing written informal advice from the Council to confer immunity from prosecution upon individuals acting in accordance with such advice; (ix) clarifying the Council's authority to grant extensions from the filing deadline and imposing a $250 civil penalty on agency heads or local clerks who fail to provide the disclosure forms to filers in a timely manner; (x) requiring lobbyists to provide a report of gifts made during a regular session of the General Assembly no later than three weeks after adjournment to legislators and certain executive branch officials who are required to file a session gift report; and (xi) directing that candidates for statewide or constitutional office and the General Assembly are required to file a disclosure form with the State Board of Elections and not the Council. The bill also extends the filing deadline for disclosure forms from January 15 to February 1 and clarifies the reporting period covered by the disclosure forms. The bill eliminates events open to individuals who share a common interest from the definition of a "widely attended event," attendance at which is not subject to the gift cap. The bill also exempts from the definition of a "gift" (a) gifts from a person's child-in-law; (b) gifts related to a person's volunteer service; (c) meals provided for attendance at an official meeting of the Commonwealth, its political subdivisions, or certain other entities; (d) gifts given on a special occasion by an individual in a bona fide personal relationship with the donee; and (e) attendance at a reception or similar function. The bill also exempts members of the judiciary from certain provisions governing prohibited gifts and prohibited personal interests in a transaction where such members are already subject to similar or greater prohibitions under the Canons of Judicial Conduct for the State of Virginia. The bill also clarifies that a legislator may have a personal interest in a contract with a government agency, not including a legislative branch agency, when the Virginia Public Procurement Act allows the award of such contract without competition. The bill further clarifies the exceptions that allow state and local officers and employees who have a personal interest in a transaction to participate in the transaction. Finally, the bill contains technical amendments. The bill contains an emergency clause that applies to the changes described in clauses (x) and (xi).

EMERGENCY

02/20/17 House: House insisted on substitute
02/20/17 House: House requested conference committee
02/21/17 Senate: Senate acceded to request (40-Y 0-N)
02/21/17 Senate: Conferees appointed by Senate
02/21/17 Senate: Senators: Norment, Howell, Saslaw

SJ 289 Study; Virginia Conflict of Interest and Ethics Advisory Council; local government officers.

Chief patron: Ebbin

Summary as introduced:
Study; Virginia Conflict of Interest and Ethics Advisory Council; local government officers and employees; report. Directs the Virginia Conflict of Interest and Ethics Advisory Council to study the procedures for the filing and review of disclosure forms by local government officers and employees.

01/11/17 Senate: Prefiled and ordered printed; offered 01/11/17 17102167D
01/11/17 Senate: Referred to Committee on Rules
02/02/17 Senate: Passed by indefinitely in Rules with letter

Counts: HB: 6 HR: 1 SB: 3 SJ: 1