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2023 SESSION

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23104148D
SENATE BILL NO. 1352 Offered January 11, 2023 Prefiled January 11, 2023 A BILL to amend and reenact § 30-126 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 30-103.3, relating to General Assembly Conflicts of Interests Act; prohibited ownership interests; casino gaming establishments and retail marijuana stores; penalty. ---------- Patron-- Norment ---------- Referred to Committee on Rules ----------

Be it enacted by the General Assembly of Virginia:

1. That § 30-126 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.3 as follows:

§ 30-103.3. Prohibited ownership interests; penalty.

A. No legislator or member of his immediate family shall hold, directly or indirectly, an ownership interest in (i) a casino gaming establishment, as defined in § 58.1-4100; (ii) a retail marijuana store, as defined in § 4.1-600; or (iii) an entity that sells or distributes on the premises of such establishment or store any goods or services that are incidental or ancillary to the principal business of the establishment or store. Such prohibition shall apply during the legislator's service as a legislator and for the five years immediately following the termination of such service.

B. A violation of this section is a Class 6 felony.

§ 30-126. Civil penalty from violation of this chapter.

A. In addition to any other fine or penalty provided by law, any money or other thing of value derived by a legislator from a violation of §§ 30-103 through 30-108 shall be forfeited and, in accordance with the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2. In the event of a knowing violation, there may also be imposed a civil penalty in an amount equal to the amount of money or thing of value forfeited to the Commonwealth. If the thing of value received by the legislator in violation of this chapter should enhance in value between the time of the violation and the time of discovery of the violation, the greater value shall determine the amount of the civil penalty.

B. A legislator who fails to file the disclosure form required by § 30-111 within the time period prescribed shall be assessed a civil penalty in an amount equal to $250. The Council shall notify the Attorney General of any legislator's failure to file the required form within 30 days of the deadline for filing and the Attorney General shall assess and collect the civil penalty. All civil penalties collected pursuant to this subsection shall be deposited into the general fund and used exclusively to fund the Council.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.