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2014 SESSION

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Senate Committee on Rules

Chairman: Ryan T. McDougle

Clerk: Susan Schaar, Hobie Lehman
Staff: Cheryl Jackson, Brenda Edwards
Date of Meeting: January 23, 2014
Time and Place: 10 AM / Senate Room A
Updated to add SB 20, 121, 220, 650, 651 and 652

S.B. 20 Lobbyist's Disclosure Statement; redesigns to clarify information requested and increase compliance.

Patron: Smith

Secretary of the Commonwealth; lobbyist disclosure. Redesigns the Lobbyist's Disclosure Statement to clarify information requested and increase compliance. Among other things, the redesigned form (i) requires a lobbyist to include a list of all House of Delegates or Senate bills and procurement transactions for which he has lobbied, as well as the expenses related to such lobbying activity, and (ii) changes the manner in which entertainment and gift expenses are reported. The bill requires the Secretary of the Commonwealth to review each Lobbyist's Disclosure Statement for completeness and accuracy and, if the statement is not properly completed, reject the entire filing and return it to the lobbyist. The bill clarifies that any lobbyist who files the statement electronically is not required to submit a paper copy and extends from 10 days to 30 days the late-filing grace period after which the lobbyist is assessed an additional $50 per day civil penalty.

A BILL to amend and reenact §§ 2.2-426, 2.2-428, and 2.2-431 of the Code of Virginia, relating to the Secretary of the Commonwealth; lobbyist disclosure.

14100775D

S.B. 21 Conflict of Interests Acts, State and Local Government and General Assembly; disclosure thresholds.

Patron: Smith

Statements of Economic Interests; disclosure thresholds. Lowers the value above which state and local government officers and members of the General Assembly must disclose specific economic interests on their Statements of Economic Interests from $10,000 to $5,000.

A BILL to amend and reenact §§ 2.2-3117 and 30-111 of the Code of Virginia, relating to State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; lower Statement of Economic Interests disclosure thresholds.

14100772D

S.B. 23 Conflicts of Interests Acts, State & Local Government and General Assembly; gifts and disclosures.

Patron: Alexander

State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; gifts; disclosures. Requires the disclosure on statements of economic interests for legislators and certain state and local government officers of gifts in excess of $1,000 made to immediate family members if such gift is made by a registered lobbyist or a business, governmental entity, or individual that has transacted or is transacting business with the Commonwealth or its agencies, departments, or political subdivisions within 12 months from the date of the gift. "Immediate family member" is defined, for the purposes of gifts, to include (i) the filer's spouse; (ii) dependents residing with the filer; and (iii) the filer's or his spouse's parent, child, and grandchild.

A BILL to amend and reenact §§ 2.2-3117 and 30-111 of the Code of Virginia, relating to the State and Local Government Conflict of Interests Act and the General Assembly Conflicts of Interests Act; gifts; disclosures.

14100107D

S.B. 44 Conflict of Interests Act, State and Local; disclosure of gifts by Governor and Attorney General.

Patron: Watkins

State and Local Conflict of Interests Act; disclosure; gifts. Requires the Governor and Attorney General to disclose gifts to the members of their immediate families by appending additional information to their statements of economic interests.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3117.1, relating to the State and Local Conflict of Interests Act; disclosure of gifts to their immediate families by the Governor and Attorney General.

14100109D

S.B. 121 State and local government officers and employees; prohibitied conduct.

Patron: Garrett

Prohibited conduct by state and local government officers and employees; retaliation. Prohibits a state or local government officer or employee from using his public position to retaliate or threaten retaliation against any person for expressing views on matters of public concern or for exercising any right that is otherwise protected by law.

A BILL to amend and reenact § 2.2-3103 of the Code of Virginia, relating to prohibited conduct by state and local government officers and employees; retaliation.

14101882D

S.B. 143 Virginia Conflict of Interest and Ethics Advisory Council; created.

Patron: Edwards

Virginia Conflict of Interest and Ethics Advisory Council. Creates the Virginia Conflict of Interest and Ethics Advisory Council to furnish advisory opinions, conduct training seminars and educational programs, and publish such educational materials and other appropriate information regarding the State and Local Government Conflict of Interests Act and the General Assembly Conflicts of Interests Act. The Council is required to report annually on its activities and findings, including recommendations for any legislative changes.

A BILL to amend and reenact §§ 30-114, 30-117, and 30-118 of the Code of Virginia and to amend the Code of Virginia by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the Virginia Conflict of Interest and Ethics Advisory Council.

14100302D

S.B. 149 General Assembly Conflicts of Interests Act; disclosure requirements; gifts.

Patron: Stuart

General Assembly Conflicts of Interests Act; disclosure requirements; gifts. Requires a legislator to report gifts received by a member of his immediate family exceeding $100 in value. The bill defines "immediate family" as the legislator's spouse and dependents residing in the same household.

A BILL to amend and reenact § 30-111 of the Code of Virginia, relating to the General Assembly Conflicts of Interests Act; disclosure requirements; gifts.

14100949D

S.B. 218 State & Local Government, General Assembly Conflicts of Interests Acts, etc.; gifts & contributions.

Patron: Petersen

State and Local Government Conflict of Interests Act, General Assembly Conflicts of Interests Act, and Campaign Finance Disclosure Act of 2006; limitations on gifts and campaign contributions. Limits undue influence on statewide officers, legislators, and candidates for such offices by imposing caps on gifts and campaign contributions to those persons. Gifts from any one person, other than a relative or personal friend, are capped at a value of $2,000 for a single calendar year. This limitation applies to the Governor, Lieutenant Governor, Attorney General, and members of the General Assembly. Compliance with this limitation is a requirement for candidacy for those offices. Contributions to candidates for Governor, Lieutenant Governor, Attorney General, and the General Assembly from persons other than political party committees and political action committees are capped at $20,000 for an election cycle and $10,000 for a primary or other nomination process immediately preceding a general or special election. Contributions from political action committees are capped at $50,000 for an election cycle and $25,000 for a primary or other nomination process immediately preceding a general or special election. Compliance with these limitations are a requirement for candidacy for those offices. No limits are placed on contributions made by political party committees or by a candidate to his own campaign. The bill imposes civil penalties for violations of the gift and contribution limits.

A BILL to amend and reenact §§ 2.2-3103, 2.2-3120, 30-103, and 30-123 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-502.1, by adding in Chapter 9.3 of Title 24.2 an article numbered 3.1, consisting of sections numbered 24.2-948.5 through 24.2-948.9, and by adding in Article 8 of Chapter 9.3 of Title 24.2 a section numbered 24.2-953.6, relating to State and Local Government Conflict of Interests Act, General Assembly Conflicts of Interests Act, and Campaign Finance Disclosure Act of 2006; limitations on gifts and campaign contributions.

14100384D

S.B. 219 General Assembly Conflicts of Interests Act; establishes Virginia Legislative Ethics Commission.

Patron: Petersen

General Assembly Conflicts of Interests Act; Virginia Legislative Ethics Commission. Establishes the Commission to replace the current separate House and Senate Ethics Advisory Panels. The bill authorizes the seven-member Commission to review legislators' Statements of Economic Interests and receive and act on complaints that a legislator has violated the General Assembly Conflicts of Interests Act.

A BILL to amend and reenact §§ 24.2-502, as it is currently effective and as it shall become effective, 30-101, 30-110 through 30-113, 30-114 through 30-119, and 30-127 of the Code of Virginia, relating to the General Assembly Conflicts of Interests Act and the establishment of the Virginia Legislative Ethics Commission.

14100385D

S.B. 220 Attorney General, Office of; employment of outside counsel where a conflict of interests exists.

Patron: Petersen

Office of the Attorney General; employment of outside counsel where a conflict of interests exists. Requires the Attorney General's office to enter into an agreement with outside counsel to provide legal services in a matter when the Attorney General certifies to the Governor that it would be improper for his office to do so because a conflict of interests exists. For criminal matters, outside counsel shall be a Commonwealth Attorney and for civil matters, outside counsel shall be a county or city attorney. The compensation for the legal services provided shall be expended from funds appropriated to the Attorney General's office and paid directly to the local jurisdiction.

A BILL to amend and reenact § 2.2-510 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-510.2, relating to the office of the Attorney General; employment of outside counsel where a conflict of interests exists.

14101224D

S.B. 265 State and Local Conflict of Interests Act and General Assembly Conflicts of Interests Act.

Patron: Ebbin

State and Local Conflict of Interests Act and General Assembly Conflicts of Interests Act. Provides for centralized filing of disclosure forms under both Acts with the Secretary of the Commonwealth and development of a searchable electronic database. The bill also requires disclosure of gifts to immediate family members and makes other clarifying changes.

A BILL to amend and reenact §§ 2.2-419, 2.2-426, 2.2-3101, 2.2-3114.1, 2.2-3117, 24.2-502, as it is currently effective and as it shall become effective, 30-101, 30-110, and 30-111 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 2.2 an article numbered 2.1, consisting of sections numbered 2.2-417.1, 2.2-417.2, and 2.2-417.3, relating to the State and Local Conflict of Interests Act and General Assembly Conflicts of Interests Act; lobbyists; revisions in and centralized filing of disclosure forms; gift limits.

14100763D

S.B. 274 State & Local Government and General Assembly Conflicts of Interests Acts; limitation on gifts, etc.

Patron: Favola

State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; limitations on gifts; disclosure of gifts; ethics expert. Limits the total value of all gifts received by a state official or employee and by a legislator to no more than $100 in a single calendar year. Gifts given by relatives do not count toward that limit. Meals at which a majority of the time was spent discussing work related to the legislator or state or local official or employee's role as a legislator or state or local government official or employee, and gifts given by nonprofit organizations do not count toward the limit, but are still required to be disclosed. Gifts received by immediate family do count toward the limit if they are given for the purpose of influencing the state officer or employee or the legislator. The bill makes changes to the disclosure forms necessary to reflect this limit. The bill also requires the office with which disclosure forms are filed to designate an ethics expert in that office to respond to questions from the persons required to disclose.

A BILL to amend and reenact §§ 2.2-3103, 2.2-3114, 2.2-3115, 2.2-3117, 30-103, 30-110, and 30-111 of the Code of Virginia, relating to State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; limitations on gifts; disclosure of gifts; ethics expert.

14101582D

S.B. 410 Conflict of Interests Acts, State and Local Government and General Assembly, lobbyist disclosure.

Patron: McWaters

State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; lobbyist disclosure; prohibited gifts. Establishes a ban on gifts or aggregate of gifts that are reasonably expected to be in excess of $100 in value for certain state and local government officers and employees and members of the General Assembly from any single source except a relative or personal friend. The gift ban also applies to the immediate family members of an officer, employee or member of the General Assembly. In addition, the bill (i) removes the current disclosure requirement for gifts over $50, and (ii) provides circumstances for consideration in determining whether the individual providing a gift is a personal friend.

A BILL to amend and reenact §§ 2.2-426, 2.2-433, 2.2-3117, and 30-111 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1 and by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, relating to the State and Local Government Conflict of Interests Act and the General Assembly Conflicts of Interests Act; prohibited gifts; disclosures.

14103345D

S.B. 471 Conflict of Interests Act, State and Local Government; filing of quarterly disclosure.

Patron: Smith

State and Local Government Conflict of Interests Act; filing of quarterly disclosure required for certain officers and employees. Requires the Governor, Lieutenant Governor, Attorney General, Justices of the Supreme Court, and other persons occupying offices or positions of trust or employment in state government to file disclosure statements of economic interests quarterly rather than annually.

A BILL to amend and reenact §§ 2.2-3114 and 24.2-502, as it is effective and as it may become effective, of the Code of Virginia, relating to the State and Local Government Conflict of Interests Act; filing of quarterly disclosure required for certain state officers and employees.

14102899D

S.B. 648 General Assembly Conflicts of Interests Act; prohibited gifts, disclosure of permissible gifts.

Patron: McEachin

General Assembly Conflicts of Interests Act; lobbyists; prohibited gifts; disclosure. Establishes a ban on any single gift with a value in excess of $50, or gifts with an aggregate value in excess of $100, from a single donor, to members and members-elect of the General Assembly. The bill also requires disclosure of permissible gifts; i.e. any single gift with a value of $50 or less and gifts with an aggregate value of $100 or less from a single donor. The bill draws on the rules applicable to members of Congress and lists a series of permissible gifts that must be disclosed. It also imposes a civil penalty for the failure to disclose equal to two times the amount not disclosed.

A BILL to amend and reenact §§ 2.2-426, 2.2-433, 30-103, and 30-111 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1 and by adding a section numbered 30-126.1, relating to the General Assembly Conflicts of Interests Act; prohibited gifts; disclosures; penalties.

14100332D

S.B. 649 Conflicts of Interests Acts, State and Local Government & General Assembly; establishes Council.

Patron: Norment

State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; Virginia Conflict of Interest and Ethics Advisory Council. Establishes the Virginia Conflict of Interest and Ethics Advisory Council composed of 14 members: four appointments each by the Speaker of the House of Delegates, Senate Committee on Rules, and Governor; one designee of the Attorney General and one representative of the Virginia Association of Counties and Virginia Municipal League. The Council will elect its chairman and vice-chairman and choose its executive director. The Council will review and post online the disclosure forms filed by lobbyists and persons subject to the conflict of interests acts and provide formal opinions and informal advice, education, and training. The bill requires the filing of the disclosure forms twice a year. It provides that the Division of Legislative Services will staff the Council, and the House and Senate Clerks will transmit complaints of conflict law violations to the ethics advisory panels of the House of Delegates and Senate. The bill prohibits tangible gifts with a value of more than $250 from lobbyists to certain executive officers and employees and to legislators. A number of disclosure provision thresholds are reduced from $10,000 to $5,000 and gifts to immediate family members are made subject to disclosure.

A BILL to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101, 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council.

14100967D

S.B. 650 Governor's Development Opportunity Fund; political contributions and gifts, prohibited conduct.

Patron: Norment

Political contributions and gifts; prohibition in connection with the Governor's Development Opportunity Fund. Provides that the Governor, his campaign committee, and any political action committee established on his behalf shall not knowingly solicit or accept a contribution, gift, or other item with a value greater than $50 from persons and entities seeking loans or grants from the Fund. The bill also restricts such gifts and contributions from persons and entities seeking loans or grants from the Fund. The restrictions apply only if the stated or expected value of the loan or grant is $500,000 or more. The bill provides that any violation shall result in a civil penalty of $500 or up to two times the amount of the contribution or gift, whichever is greater.

A BILL to amend and reenact §§ 2.2-115 and 2.2-3104.01 of the Code of Virginia, relating to the Governor's Development Opportunity Fund; certain forms of prohibited conduct; penalties.

14103395D

S.B. 651 Attorney General, Office of; employment of outside counsel where a conflict of interests exists.

Patron: Norment

Office of the Attorney General; employment of outside counsel where a conflict of interests exists. Requires the Attorney General's office to enter into an agreement with outside counsel to provide legal services in a matter when the Attorney General certifies to the Governor that it would be improper for his office to do so because a conflict of interests exists. The compensation for the legal services provided shall be based upon a reasonable per hour fee and shall be expended from funds appropriated to the Attorney General's office.

A BILL to amend and reenact § 2.2-510 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-510.2, relating to the office of the Attorney General; employment of outside counsel where a conflict of interests exists.

14103396D

S.B. 652 Governor and Attorney General; parties to litigation with state, prohibited conduct, penalties.

Patron: Norment

Prohibited conduct; Governor and Attorney General; parties to litigation with the state; penalties. Prohibits acceptance by the Governor or Attorney General of campaign contributions or gifts worth more than $50 from parties who oppose the state in ongoing litigation and prohibits making such contributions and gifts. The bill imposes civil penalties.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3104.03 and by adding in Chapter 10 of Title 18.2 an article numbered 3.1, consisting of a section numbered 18.2-450.1, relating to prohibited conduct and improper influence of Governor and Attorney General by certain litigants; penalties.

14103397D