Bill Text: VA HB154 | 2016 | Regular Session | Prefiled

Virginia House Bill 154 (Prior Session Legislation)

Prefiled

Bill Title: Conflicts of Interests Acts, State & Local Government and General Assembly; bundled gifts, penalty.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-02-16 - Left in Courts of Justice [HB154 Detail]

Download: Virginia-2016-HB154-Prefiled.html

16100914D
HOUSE BILL NO. 154 Offered January 13, 2016 Prefiled December 22, 2015 A BILL to amend and reenact §§2.2-426, 2.2-3103.1, and 30-103.1 of the Code of Virginia, relating to State and Local Government Conflict of Interests Act, General Assembly Conflicts of Interests Act; bundled gifts; penalty. ---------- Patron-- Simon ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That §§2.2-426, 2.2-3103.1, and 30-103.1 of the Code of Virginia are amended and reenacted as follows:

§2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Council a separate semiannual report of expenditures, including gifts, for each principal for whom he lobbies by December 15 for the preceding six-month period complete through the last day of October and June 15 for the preceding six-month period complete through the last day of April.

B. Each principal who expends more than $500 to employ or compensate multiple lobbyists shall be responsible for filing a consolidated lobbyist report pursuant to this section in any case in which the lobbyists are each exempt under the provisions of subdivision 7 or 8 of §2.2-420 from the reporting requirements of this section.

C. (Effective January 1, 2016, through July 1, 2016) The report shall be on a form provided by the Council, which shall be substantially similar to the following and shall be accompanied by instructions provided by the Council.

C. (Effective July 1, 2016) The report shall be on a form provided by the Council, which shall be substantially similar to the following and shall be accompanied by instructions provided by the Council. All reports shall be submitted electronically and in accordance with the standards approved by the Council pursuant to the provisions of §30-356.


                     LOBBYIST'S DISCLOSURE STATEMENT
  PART I:
  (1)  PRINCIPAL: _____________________________________________________
       In Part I, item 2a, provide the name of the individual
       authorizing your employment as a lobbyist. The lobbyist filing
       this statement MAY NOT list his name in item 2a.
  (2a) Name: __________________________________________________________
  (2b) Permanent Business Address: ____________________________________
  (2c) Business Telephone: ____________________________________________
  (3)  Provide a list of executive and legislative actions (with as
       much specificity as possible) for which you lobbied and a
       description of activities conducted.
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
  (4)  INCORPORATED FILINGS: If you are filing an incorporated
       disclosure statement, please complete the following:
       Individual filing financial information: _______________________
       Individuals to be included in the filing: ______________________
       ________________________________________________________________
  (5)  Please indicate which schedules will be attached to your
       disclosure statement:
       [ ] Schedule A: Entertainment Expenses
       [ ] Schedule B: Gifts
       [ ] Schedule C: Other Expenses
  (6)  EXPENDITURE TOTALS:
       a) ENTERTAINMENT .....................................  $ ______
       b) GIFTS .............................................  $ ______
       c) COMMUNICATIONS ....................................  $ ______
       d) PERSONAL LIVING AND TRAVEL EXPENSES ...............  $ ______
       e) COMPENSATION OF LOBBYISTS .........................  $ ______
       f) HONORARIA .........................................  $ ______
       g) OTHER .............................................  $ ______
       TOTAL ................................................  $ ______
  PART II:
  (1a) NAME OF LOBBYIST: ______________________________________________
  (1b) Permanent Business Address: ____________________________________
  (1c) Business Telephone: ____________________________________________
  (2)  As a lobbyist, you are (check one)
       [ ] EMPLOYED (on the payroll of the principal)
       [ ] RETAINED (not on the payroll of the principal, however
           compensated)
       [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
  (3)  List all lobbyists other than yourself who registered to
       represent your principal.
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
  (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
       provide your job title.
       ________________________________________________________________
  PLEASE NOTE: Some lobbyists are not individually compensated for
  lobbying activities. This may occur when several members of a firm
  represent a single principal. The principal, in turn, makes a single
  payment to the firm. If this describes your situation, do not answer
  Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
  (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
       (If you have job responsibilities other than those involving
       lobbying, you may have to prorate to determine the part of your
       salary attributable to your lobbying activities.) Transfer your
       answer to this item to Part I, item 6e.
  (5b) Explain how you arrived at your answer to Part II, item 5a.
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
  PART III:
  PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
  complete this section.
  (1) List all members of your firm, organization, association,
      corporation, or other entity who furnished lobbying services to
      your principal.
      _________________________________________________________________
      _________________________________________________________________
      _________________________________________________________________
  (2) Indicate the total amount paid to your firm, organization,
      association, corporation, or other entity for services rendered.
      Transfer your answer to this item to Part I, item 6e. ___________
                               SCHEDULE A
                         ENTERTAINMENT EXPENSES
  PLEASE NOTE: Any single entertainment event included in the expense
  totals of the principal, with a value greater than $50, should be
  itemized below. Any entertainment event, including meals, provided
  to an executive or legislative official with a value greater than
  $50, of which the principal contributed all or part, shall be
  itemized below, even if the principal's share of the gift was
  less than $50. Transfer any totals from this schedule to Part I,
  item 6a. (Please duplicate as needed.)
  Date and Location of Event:
  _____________________________________________________________________
  _____________________________________________________________________
  Description of Event (including whether or not it meets the criteria
  of a widely attended event):
  _____________________________________________________________________
  _____________________________________________________________________
  Total Number of Persons Attending:
  _____________________________________________________________________
  Names of Legislative and Executive Officials or Members of Their
  Immediate Families Attending: (List names only if the average value
  for each person attending the event was greater than $50.)
  _____________________________________________________________________
  _____________________________________________________________________
  _____________________________________________________________________
  _____________________________________________________________________
  Food ......................................................  $ ______
  Beverages .................................................  $ ______
  Transportation of Legislative and Executive Officials
  or Members of Their Immediate Families ....................  $ ______
  Lodging of Legislative and Executive Officials or
  Members of Their Immediate Families .......................  $ ______
  Performers, Speakers, Etc. ................................  $ ______
  Displays ..................................................  $ ______
  Rentals ...................................................  $ ______
  Service Personnel .........................................  $ ______
  Miscellaneous .............................................  $ ______
  TOTAL .....................................................  $ ______
  PRINCIPAL'S SHARE OF TOTAL COST, IF DIFFERENT THAN TOTAL...  $ ______
                               SCHEDULE B
                                  GIFTS
  PLEASE NOTE: Any single gift reported in the expense totals of the
  principal, to an executive or legislative official with a value
  greater than $50, should of which the principal contributed all or
  part, shall be itemized below. Complete this form even if the
  principal's share of the gift was less than $50.
  (Report meals, entertainment and travel under Schedule A.) Transfer
  any totals from this schedule to Part I, item 6b. (Please duplicate
  as needed.)
                                   Name of each
                                   legislative or
                                   executive official
                                   or member of his
                                   immediate family        Cost of
  Date         Description         who is a recipient      individual
  of gift:     of gift:            of a gift:              gift:
  ___________  __________________  ______________________  $ __________
  ___________  __________________  ______________________  $ __________
  ___________  __________________  ______________________  $ __________
  ___________  __________________  ______________________  $ __________
  TOTAL COST TO PRINCIPAL ...............................  $ __________
  Date of Gift: ________________   Total Cost of Gift: $ ___________
  Did principal's share account for the total value of the gift?
     Yes ___ No ___
  If No, list the principal's share of the cost of the total gift:
     $ _________
  Description of Gift: _____________________________________________
  Recipient's Last Name: __________________________ Suffix: ________
  Recipient's First Name: _________________ Middle Name: ___________
  Recipient's Title: _______________________________________________
                               SCHEDULE C
                             OTHER EXPENSES
  PLEASE NOTE: This section is provided for any lobbying-related
  expenses not covered in Part I, items 6a - 6f. An example of an
  expenditure to be listed on schedule C would be the rental of a
  bill box during the General Assembly session. Transfer the total
  from this schedule to Part I, item 6g. (Please duplicate as needed.)
  DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  __________________  ________________________________  $ __________
  TOTAL "OTHER" EXPENSES _____________________________  $ __________
  PART IV: STATEMENTS
  The following items are mandatory and if they are not properly
  completed, the entire filing will be rejected and returned to
  the lobbyist:
  (1) All signatures on the statement must be ORIGINAL in the format
      specified in the instructions provided by the Council that
      accompany this form. No stamps, or other reproductions of the
      individual's signature will be accepted.
  (2) An individual MAY NOT sign the disclosure statement as lobbyist
      and principal officer.
                          STATEMENT OF LOBBYIST
  I, the undersigned registered lobbyist, do state that the information
  furnished on this disclosure statement and on all accompanying
  attachments required to be made thereto is, to the best of my
  knowledge and belief, complete and accurate.
  ________________________
  Signature of lobbyist
  
  ________________________
  Date 
                         STATEMENT OF PRINCIPAL
  I, the undersigned principal (or an authorized official thereof), do
  state that the information furnished on this disclosure statement
  and on all accompanying attachments required to be made thereto is,
  to the best of my knowledge and belief, complete and accurate.
  ________________________
  Signature of principal
  
  ________________________
  Date

D. A person who knowingly and intentionally makes a false statement of a material fact on the disclosure statement is guilty of a Class 5 felony.

E. Each lobbyist shall send to each legislative and executive official who is required to be identified by name on Schedule A or B of the Lobbyist's Disclosure Form a copy of Schedule A or B or a summary of the information pertaining to that official. Copies or summaries shall be provided to the official by November 21 for the preceding six-month period complete through the last day of October and by May 21 for the preceding six-month period complete through the last day of April.

§2.2-3103.1. Certain gifts prohibited.

A. For purposes of this section:

"Bundled gift" means separate gifts that are paid for or otherwise provided by (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4; (ii) a lobbyist's principal as defined in §2.2-419; or (iii) a person, organization, or business that is or is seeking to become a party to a contract with a local agency or state governmental or advisory agency and are delivered by a single source.

"Person, organization, or business" includes individuals who are officers, directors, or owners of or who have a controlling ownership interest in such organization or business.

"Widely attended event" means an event at which at least 25 persons have been invited to attend or there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals (i) who share a common interest, (ii) who are members of a public, civic, charitable, or professional organization, (iii) who are from a particular industry or profession, or (iv) who represent persons interested in a particular issue.

B. No officer or employee of a local governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 or a member of his immediate family shall solicit, accept, or receive any single gift with a value in excess of $100 or any combination of gifts with an aggregate value in excess of $100 within any calendar year for himself or a member of his immediate family from any person that he or a member of his immediate family knows or has reason to know is (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4; (ii) a lobbyist's principal as defined in §2.2-419; or (iii) a person, organization, or business who is or is seeking to become a party to a contract with the local agency of which he is an officer or an employee. For purposes of this prohibition and the disclosure requirements, the total aggregated value of a bundled gift shall be attributed to each person contributing to the bundled gift. Gifts with a value of less than $20 are not subject to aggregation for purposes of this prohibition.

C. No officer or employee of a state governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 or a member of his immediate family shall solicit, accept, or receive any single gift with a value in excess of $100 or any combination of gifts with an aggregate value in excess of $100 within any calendar year for himself or a member of his immediate family from any person that he or a member of his immediate family knows or has reason to know is (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4; (ii) a lobbyist's principal as defined in §2.2-419; or (iii) a person, organization, or business who is or is seeking to become a party to a contract with the state governmental or advisory agency of which he is an officer or an employee or over which he has the authority to direct such agency's activities. For purposes of this prohibition and the disclosure requirements, the total aggregated value of a bundled gift shall be attributed to each person contributing to the bundled gift. Gifts with a value of less than $20 are not subject to aggregation for purposes of this prohibition.

D. Notwithstanding the provisions of subsections B and C, such officer, employee, or candidate or a member of his immediate family may accept or receive a gift of food and beverages, entertainment, or the cost of admission with a value in excess of $100 when such gift is accepted or received while in attendance at a widely attended event and is associated with the event. Such gifts shall be reported on the disclosure form prescribed in § 2.2-3117.

E. Notwithstanding the provisions of subsections B and C, such officer or employee or a member of his immediate family may accept or receive a gift from a foreign dignitary with a value exceeding $100 for which the fair market value or a gift of greater or equal value has not been provided or exchanged. Such gift shall be accepted on behalf of the Commonwealth or a locality and archived in accordance with guidelines established by the Library of Virginia. Such gift shall be disclosed as having been accepted on behalf of the Commonwealth or a locality, but the value of such gift shall not be required to be disclosed.

F. Notwithstanding the provisions of subsections B and C, such officer, employee, or candidate or a member of his immediate family may accept or receive certain gifts with a value in excess of $100 from a person listed in subsection B or C if such gift was provided to such officer, employee, or candidate or a member of his immediate family on the basis of a personal friendship. Notwithstanding any other provision of law, a person listed in subsection B or C may be a personal friend of such officer, employee, or candidate or his immediate family for purposes of this subsection. In determining whether a person listed in subsection B or C is a personal friend, the following factors shall be considered: (i) the circumstances under which the gift was offered; (ii) the history of the relationship between the person and the donor, including the nature and length of the friendship and any previous exchange of gifts between them; (iii) to the extent known to the person, whether the donor personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iv) whether the donor has given the same or similar gifts to other persons required to file the disclosure form prescribed in §2.2-3117 or 30-111.

G. Notwithstanding the provisions of subsections B and C, such officer, employee, or candidate or a member of his immediate family may accept or receive gifts of travel, including travel-related transportation, lodging, hospitality, food or beverages, or other thing of value, with a value in excess of $100 that is paid for or provided by a person listed in subsection B or C when the officer, employee, or candidate has submitted a request for approval of such travel to the Council and has received the approval of the Council pursuant to §30-356.1. Such gifts shall be reported on the disclosure form prescribed in §2.2-3117.

H. During the pendency of a civil action in any state or federal court to which the Commonwealth is a party, the Governor or the Attorney General or any employee of the Governor or the Attorney General who is subject to the provisions of this chapter shall not solicit, accept, or receive any gift from any person that he knows or has reason to know is a person, organization, or business that is a party to such civil action. A person, organization, or business that is a party to such civil action shall not knowingly give any gift to the Governor or the Attorney General or any of their employees who are subject to the provisions of this chapter.

I. The $100 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.

§30-103.1. Certain gifts prohibited.

A. For purposes of this section:

"Bundled gift" means separate gifts that are paid for or otherwise provided by (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4 of Title 2.2 or (ii) a lobbyist's principal as defined in §2.2-419 and are delivered by a single source.

B. No legislator or candidate for the General Assembly required to file the disclosure form prescribed in §30-111 or a member of his immediate family shall solicit, accept, or receive any single gift for himself or a member of his immediate family with a value in excess of $100 or any combination of gifts with an aggregate value in excess of $100 within any calendar year for himself or a member of his immediate family from any person that he or a member of his immediate family knows or has reason to know is (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4 of Title 2.2 or (ii) a lobbyist's principal as defined in §2.2-419. For purposes of this prohibition and the disclosure requirements, the total aggregated value of a bundled gift shall be attributed to each person contributing to the bundled gift. Gifts with a value of less than $20 are not subject to aggregation for purposes of this prohibition.

C. Notwithstanding the provisions of subsection B, a legislator or candidate or a member of his immediate family may accept or receive a gift of food and beverages, entertainment, or the cost of admission with a value in excess in $100 when such gift is accepted or received while in attendance at a widely attended event and is associated with the event. Such gifts shall be reported on the disclosure form prescribed in §30-111.

D. Notwithstanding the provisions of subsection B, a legislator or a member of his immediate family may accept or receive a gift from a foreign dignitary with a value exceeding $100 for which the fair market value or a gift of greater or equal value has not been provided or exchanged. Such gift shall be accepted on behalf of the Commonwealth and archived in accordance with guidelines established by the Library of Virginia. Such gift shall be disclosed as having been accepted on behalf of the Commonwealth, but the value of such gift shall not be required to be disclosed.

E. Notwithstanding the provisions of subsection B, a legislator or candidate or a member of his immediate family may accept or receive certain gifts with a value in excess of $100 from a person listed in subsection B if such gift was provided to the legislator or candidate or a member of his immediate family on the basis of a personal friendship. Notwithstanding any other provision of law, a person listed in subsection B may be a personal friend of the legislator or candidate or his immediate family for purposes of this subsection. In determining whether a person listed in subsection B is a personal friend, the following factors shall be considered: (i) the circumstances under which the gift was offered; (ii) the history of the relationship between the person and the donor, including the nature and length of the friendship and any previous exchange of gifts between them; (iii) to the extent known to the person, whether the donor personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iv) whether the donor has given the same or similar gifts to other persons required to file the disclosure form prescribed in §2.2-3117 or 30-111.

F. Notwithstanding the provisions of subsection B, a legislator or candidate or a member of his immediate family may accept or receive gifts of travel, including travel-related transportation, lodging, hospitality, food or beverages, or other thing of value, with a value in excess of $100 that is paid for or provided by a person listed in subsection B when the legislator or candidate has submitted a request for approval of such travel to the Council and has received the approval of the Council pursuant to §30-356.1. Such gifts shall be reported on the disclosure form prescribed in §30-111.

G. The $100 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.

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, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 665 of the Acts of Assembly of 2015 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.