Bill Text: VA SB1294 | 2017 | Regular Session | Prefiled
Bill Title: Conflicts of Interests Acts, State and Local Government and General Assembly; prohibited gifts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-08 - Left in Rules [SB1294 Detail]
Download: Virginia-2017-SB1294-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-3103.1, 2.2-3103.2, 30-103.1, 30-103.2, and 30-356.1 of the Code of Virginia are amended and reenacted as follows:
§2.2-3103.1. Certain gifts prohibited.
A. For purposes of this section:
"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.
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. 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. E. 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. F. 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.
§2.2-3103.2. Return of gifts.
No person shall be in violation of any provision of this
chapter prohibiting the acceptance of a gift if (i) the gift is not used by
such person and the gift or its equivalent in money is returned to the donor or
delivered to a charitable organization within a reasonable period of time upon
the discovery of the value of the gift and is not claimed as a charitable
contribution for federal income tax purposes or (ii) consideration is given by
the donee to the donor for the fair market
value of the gift within a reasonable period of time upon the discovery of the
value of the gift provided that such
consideration reduces the value of the gift to an amount not in excess of $100
as provided in subsection B or C of §2.2-3103.1.
§30-103.1. Certain gifts prohibited.
A. For purposes of this
section:
"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 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. 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. B. Notwithstanding
the provisions of subsection B A, 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. C. Notwithstanding
the provisions of subsection B A, 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 A 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.
§30-103.2. Return of gifts.
No person shall be in violation of any provision of this
chapter prohibiting the acceptance of a gift if the gift is not used by such
person and the gift or its equivalent in money is returned to the donor or
delivered to a charitable organization within a reasonable period of time upon
the discovery of the value of the gift and is not claimed as a charitable
contribution for federal income tax purposes or (ii) consideration is given by
the donee to the donor for the fair market
value of the gift within a reasonable period of time upon the discovery of the
value of the gift provided that such
consideration reduces the value of the gift to an amount not in excess of $100
as provided in subsection B of §30-103.1.
§30-356.1. Request for approval for certain travel.
A. The Council shall receive and review a request for the
approval of travel submitted by a person required to file the disclosure form
prescribed in §2.2-3117 or 30-111 to accept any travel-related transportation,
lodging, hospitality, food or beverage, or other thing of value that has a
value exceeding $100 where such approval is required pursuant to subsection G E
of §2.2-3103.1 or subsection F C of §30-103.1. A request for
the approval of travel shall not be required for the following, but such travel
shall be disclosed as may be required by the Acts:
1. Travel disclosed pursuant to the Campaign Finance Disclosure Act (§24.2-945 et seq.);
2. Travel paid for or provided by the government of the United States, any of its territories, or any state or any political subdivision of such state;
3. Travel provided to facilitate attendance by a legislator at a regular or special session of the General Assembly, a meeting of a legislative committee or commission, or a national conference where attendance is approved by the House Committee on Rules or its Chairman or the Senate Committee on Rules or its Chairman; or
4. Travel related to an official meeting of the Commonwealth, its political subdivisions, or any board, commission, authority, or other entity, or any charitable organization established pursuant to §501(c)(3) of the Internal Revenue Code affiliated with such entity, to which such person has been appointed or elected or is a member by virtue of his office or employment.
B. When reviewing a request for the approval of travel, the Council shall consider the purpose of the travel as it relates to the official duties of the requester. The Council shall approve any request for travel that bears a reasonable relationship between the purpose of the travel and the official duties of the requester. Such travel shall include any meeting, conference, or other event (i) composed primarily of public officials, (ii) at which public policy related to the duties of the requester will be discussed in a substantial manner, (iii) reasonably expected to educate the requester on issues relevant to his official duties or to enhance the requester's knowledge and skills relative to his official duties, or (iv) at which the requester has been invited to speak regarding matters reasonably related to the requester's official duties.
C. The Council shall not approve any travel requests that bear no reasonable relationship between the purpose of the proposed travel and the official duties of the requester. In making such determination, the Council shall consider the duration of travel, the destination of travel, the estimated value of travel, and any previous or recurring travel.
D. Within five business days of receipt of a request for the approval of travel, the Council shall grant or deny the request, unless additional information has been requested. If additional information has been requested, the Council shall grant or deny the request for the approval within five business days of receipt of such information. If the Council has not granted or denied the request for approval of travel or requested additional information within such five-day period, such travel shall be deemed to have been approved by the Council. Nothing in this subsection shall preclude a person from amending or resubmitting a request for the approval of travel. The Council may authorize a designee to review and grant or deny requests for the approval of travel.
E. A request for the approval of travel shall be on a form prescribed by the Council and made available on its website. Such form may be submitted by electronic means, facsimile, in-person submission, or mail or commercial mail delivery.
F. No person shall be prosecuted, assessed a civil penalty, or otherwise disciplined for acceptance of a travel-related thing of value if he accepted the travel-related thing of value after receiving approval under this section, regardless of whether such approval is later withdrawn, provided the travel occurred prior to the withdrawal of the approval.
