VA HB1854 | 2017 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 26 2017 - 100% progression
Action: 2017-04-26 - Governor: Acts of Assembly Chapter text (CHAP0829)
Text: Latest bill text (Chaptered) [HTML]

Summary

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 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). This bill is identical to SB 1312.

Tracking Information

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Title

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

Sponsors


Roll Calls

2017-04-05 - House - House: VOTE: REJECTED EMERGENCY (36-Y 62-N) (Y: 36 N: 62 NV: 2 Abs: 0) [FAIL]
2017-02-24 - House - House: VOTE: ADOPTION EMERGENCY (94-Y 0-N) (Y: 94 N: 0 NV: 6 Abs: 0) [PASS]
2017-02-24 - Senate - Senate: Conference report agreed to by Senate (39-Y 1-N) (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2017-02-20 - Senate - Senate: Senate insisted on substitute (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-16 - House - House: VOTE: ADOPTION EMERGENCY (0-Y 97-N) (Y: 0 N: 97 NV: 3 Abs: 0) [FAIL]
2017-02-14 - Senate - Senate: Passed Senate with substitute (39-Y 1-N) (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2017-02-13 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2017-02-10 - Senate - Senate: Reported from Rules with substitute (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-07 - House - House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (Y: 97 N: 0 NV: 2 Abs: 0) [PASS]
2017-02-03 - House - House: Reported from Courts of Justice with substitute (19-Y 0-N) (Y: 19 N: 0 NV: 2 Abs: 0) [PASS]
2017-01-27 - House - House: Subcommittee recommends reporting with amendments (9-Y 0-N) (Y: 9 N: 0 NV: 1 Abs: 0) [PASS]

History

DateChamberAction
2017-04-26 Governor: Acts of Assembly Chapter text (CHAP0829)
2017-04-26 Governor: Approved by Governor-Chapter 829 (effective - see bill)
2017-04-05 Governor: Governor's Action Deadline Midnight, May 5, 2017
2017-04-05HouseCommunicated to Governor
2017-04-05HouseVOTE: REJECTED EMERGENCY (36-Y 62-N)
2017-04-05HouseHouse rejected Governor's recommendation (36-Y 62-N)
2017-04-05HousePlaced on Calendar
2017-03-27HouseGovernor's recommendation received by House
2017-03-13 Governor: Governor's Action Deadline Midnight, March 27, 2017
2017-03-13HouseEnrolled Bill communicated to Governor on 3/13/17
2017-03-10SenateSigned by President
2017-03-07HouseSigned by Speaker
2017-03-07HouseBill text as passed House and Senate (HB1854ER)
2017-03-07HouseEnrolled
2017-02-24HouseVOTE: ADOPTION EMERGENCY (94-Y 0-N)
2017-02-24HouseConference report agreed to by House (94-Y 0-N)
2017-02-24SenateConference report agreed to by Senate (39-Y 1-N)
2017-02-23 Conference: Amended by conference committee
2017-02-23HouseDelegates: Gilbert, Minchew, James
2017-02-23HouseConferees appointed by House
2017-02-22SenateSenators: Norment, Howell, Saslaw
2017-02-22SenateConferees appointed by Senate
2017-02-21HouseHouse acceded to request
2017-02-20SenateSenate requested conference committee
2017-02-20SenateSenate insisted on substitute (40-Y 0-N)
2017-02-16HouseVOTE: REJECTED EMERGENCY (0-Y 97-N)
2017-02-16HouseSenate substitute rejected by House 17105400D-S1 (0-Y 97-N)
2017-02-16HousePlaced on Calendar
2017-02-14SenatePassed Senate with substitute (39-Y 1-N)
2017-02-14SenateEngrossed by Senate - committee substitute HB1854S1
2017-02-14SenateCommittee substitute agreed to 17105400D-S1
2017-02-14SenateReading of substitute waived
2017-02-14SenateRead third time
2017-02-13SenateConstitutional reading dispensed (39-Y 0-N)
2017-02-10SenateCommittee substitute printed 17105400D-S1
2017-02-10SenateReported from Rules with substitute (14-Y 0-N)
2017-02-08SenateReferred to Committee on Rules
2017-02-08SenateConstitutional reading dispensed
2017-02-07HouseVOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
2017-02-07HouseRead third time and passed House BLOCK VOTE (97-Y 0-N)
2017-02-06HouseEngrossed by House - committee substitute HB1854H1
2017-02-06HouseCommittee substitute agreed to 17105218D-H1
2017-02-06HouseRead second time
2017-02-04HouseRead first time
2017-02-03HouseCommittee substitute printed 17105218D-H1
2017-02-03HouseReported from Courts of Justice with substitute (19-Y 0-N)
2017-02-01HouseAssigned Courts sub: Ethics
2017-01-27HouseSubcommittee recommends reporting with amendments (9-Y 0-N)
2017-01-17HouseReferred to Committee for Courts of Justice
2017-01-17HouseReferred from General Laws by voice vote
2017-01-10HouseReferred to Committee on General Laws
2017-01-10HousePrefiled and ordered printed with emergency clause; offered 01/13/16 17102775D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
223101(n/a)See Bill Text
223103.1(n/a)See Bill Text
223110(n/a)See Bill Text
223112(n/a)See Bill Text
223114(n/a)See Bill Text
223115(n/a)See Bill Text
223118.2(n/a)See Bill Text
223121(n/a)See Bill Text
22419(n/a)See Bill Text
22422(n/a)See Bill Text
22423(n/a)See Bill Text
22426(n/a)See Bill Text
22430(n/a)See Bill Text
22431(n/a)See Bill Text
242502(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+HB1854
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1854+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1854H1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1854S1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1854ER+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0829+hil
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+H0808V0003+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+H08V0132+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+HV1991+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+S10V0092+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0494HB1854+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0510HB1854+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+HV2415+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0684HB1854+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0983HB1854+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+HV2762+HB1854
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+HV2878+HB1854

Bill Comments

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