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2014 SESSION

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(SB649)

AMENDMENT(S) REJECTED BY THE SENATE

SEN. GARRETT (WITHDRAWN)

    1.     Line 8, substitute, Title, after 2.2-3101,

      insert

SEN. GARRETT (WITHDRAWN)

    2.     Line 9, substitute, Title, after 30-101,

      insert

SEN. GARRETT (WITHDRAWN)

    3.     Line 18, substitute, after 2.2-3101,

      insert

SEN. GARRETT (WITHDRAWN)

    4.     Line 19, substitute, after 30-101,

      insert

SEN. GARRETT (WITHDRAWN)

    5.     Line 507, substitute, after line 506

      insert

        No officer or employee of a state or local governmental or advisory agency shall:

        1. Solicit or accept money or other thing of value for services performed within the scope of his official duties, except the compensation, expenses or other remuneration paid by the agency of which he is an officer or employee. This prohibition shall not apply to the acceptance of special benefits that may be authorized by law;

        2. Offer or accept any money or other thing of value for or in consideration of obtaining employment, appointment, or promotion of any person with any governmental or advisory agency;

        3. Offer or accept any money or other thing of value for or in consideration of the use of his public position to obtain a contract for any person or business with any governmental or advisory agency;

        4. Use for his own economic benefit or that of another party confidential information that he has acquired by reason of his public position and which is not available to the public;

        5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties. This subdivision shall not apply to any political contribution actually used for political campaign or constituent service purposes and reported as required by Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2;

        6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties;

        7. Accept any honoraria for any appearance, speech, or article in which the officer or employee provides expertise or opinions related to the performance of his official duties. The term "honoraria" shall not include any payment for or reimbursement to such person for his actual travel, lodging, or subsistence expenses incurred in connection with such appearance, speech, or article or in the alternative a payment of money or anything of value not in excess of the per diem deduction allowable under § 162 of the Internal Revenue Code, as amended from time to time. The prohibition in this subdivision shall apply only to the Governor, Lieutenant Governor, Attorney General, Governor's Secretaries, and heads of departments of state government;

        8. Accept a gift from a person who has interests that may be substantially affected by the performance of the officer's or employee's official duties under circumstances where the timing and nature of the gift would cause a reasonable person to question the officer's or employee's impartiality in the matter affecting the donor. Violations of this subdivision shall not be subject to criminal law penalties; or

        9. Accept gifts from sources on a basis so frequent as to raise an appearance of the use of his public office for private gain. Violations of this subdivision shall not be subject to criminal law penalties; or

        10. Use his public position to retaliate or threaten to retaliate against any person for expressing views on matters of public concern or for exercising any right that is otherwise protected by law.

SEN. GARRETT (WITHDRAWN)

    6.     Line 1327, substitute, after contemplated.

      insert

        § 30-103. Prohibited conduct.

        No legislator shall:

        1. Solicit or accept money or other thing of value for services performed within the scope of his official duties, except the compensation, expenses or other remuneration paid to him by the General Assembly. This prohibition shall not apply to the acceptance of special benefits which may be authorized by law;

        2. Offer or accept any money or other thing of value for or in consideration of obtaining employment, appointment, or promotion of any person with any governmental or advisory agency;

        3. Offer or accept any money or other thing of value for or in consideration of the use of his public position to obtain a contract for any person or business with any governmental or advisory agency;

        4. Use for his own economic benefit or that of another party confidential information which he has acquired by reason of his public position and which is not available to the public;

        5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties. This subdivision shall not apply to any political contribution actually used for political campaign or constituent service purposes and reported as required by Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2;

        6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties;

        7. During the one year after the termination of his service as a legislator, represent a client or act in a representative capacity on behalf of any person or group, for compensation, on any matter before the General Assembly or any agency of the legislative branch of government. The prohibitions of this subdivision shall apply only to persons engaged in activities that would require registration as a lobbyist under § 2.2-422. Any person subject to the provisions of this subdivision may apply to the Attorney General, as provided in § 30-122, for an advisory opinion as to the application of the restriction imposed by this subdivision on any post-public employment position or opportunity;

        8. Accept any honoraria for any appearance, speech, or article in which the legislator provides expertise or opinions related to the performance of his official duties. The term "honoraria" shall not include any payment for or reimbursement to such person for his actual travel, lodging, or subsistence expenses incurred in connection with such appearance, speech, or article or in the alternative a payment of money or anything of value not in excess of the per diem deduction allowable under § 162 of the Internal Revenue Code, as amended from time to time;

        9. Accept appointment to serve on a body or board of any corporation, company or other legal entity, vested with the management of the corporation, company or entity, and on which two other members of the General Assembly already serve, which is operated for profit and regulated by the State Corporation Commission as (i) a financial institution, (ii) a mortgage lender or broker, (iii) any business under Chapter 5 (§ 13.1-501 et seq.) of Title 13.1, (iv) any business under Title 38.2, or (v) any business under Title 56;

        10. Accept a gift from a person who has interests that may be substantially affected by the performance of the legislator's official duties under circumstances where the timing and nature of the gift would cause a reasonable person to question the legislator's impartiality in the matter affecting the donor. Violations of this subdivision shall not be subject to criminal law penalties; or

        11. Accept gifts from sources on a basis so frequent as to raise an appearance of the use of his public office for private gain. Violations of this subdivision shall not be subject to criminal law penalties; or

        12. Use his public position to retaliate or threaten to retaliate against any person for expressing views on matters of public concern or for exercising any right that is otherwise protected by law.

SEN. EBBIN

    1.     Line 110, substitute, after person

      strike

        child who resides

      insert

        child, whether or not they reside,

SEN. EBBIN

    2.     Line 461, substitute, after person

      strike

        child residing

      insert

        child, whether or not they reside,

SEN. EBBIN (WITHDRAWN)

    3.     Line 518, substitute, after Labor.

      insert

        C. An officer or employee of a state or local governmental or advisory agency or candidate required to file the disclosure form prescribed in §2.2-3117 may only accept intangible gifts of travel valued at $1,000 or greater after approval by the Council. Trips must be primarily educational, fact-finding, of informational value, or beneficial to the Commonwealth in trade or economic development.

SEN. EBBIN

    4.     Line 735, substitute, after person

      strike

        child residing

      insert

        child, whether or not they reside,

SEN. EBBIN

    5.     Line 776, substitute, after duties.

      insert

        Include yourself as the recipient for each intangible gift received at an event by you or by any guest invited by you, whether accompanied by you or not. Account for each such intangible gift and its value.

SEN. EBBIN

    6.     Line 978, substitute, after event.

      insert

        Include yourself as the recipient for each intangible gift received at an event by you or by any guest invited by you, whether accompanied by you or not. Account for each such intangible gift and its value.

SEN. EBBIN

    7.     Line 1296, substitute, after person

      strike

        child residing

      insert

        child, whether or not they reside,

SEN. EBBIN (WITHDRAWN)

    8.     Line 1339, substitute, after Labor.

      insert

        C. An officer or employee of a state or local governmental or advisory agency or candidate required to file the disclosure form prescribed in §2.2-3117 may only accept intangible gifts of travel valued at $1,000 or greater after approval by the Council. Trips must be primarily educational, fact-finding, of informational value, or beneficial to the Commonwealth in trade or economic development.

SEN. EBBIN

    9.     Line 1398, substitute, after person

      strike

        child residing

      insert

        child, whether or not they reside,

SEN. EBBIN

    10.  Line 1454, substitute, after duties.

      insert

        Include yourself as the recipient for each intangible gift received at an event by you or by any guest invited by you, whether accompanied by you or not. Account for each such intangible gift and its value.

SEN. EBBIN

    11.  Line 1690, substitute, after event.

      insert

        Include yourself as the recipient for each intangible gift received at an event by you or by any guest invited by you, whether accompanied by you or not. Account for each such intangible gift and its value.

SEN. EBBIN

    14.  Line 2102, substitute, after state document.

      insert

        10. Make binding decisions on the allowance of gifts of travel valued at $1,000 or greater. Decisions shall be based on whether trips were primarily educational, fact-finding, of informational value, or could benefit the Commonwealth in trade or economic development. The Council may issue a decision by phone or email solely for the purpose of reviewing gifts of travel.