HB 1854 Conflicts of Interests Acts, State & Local Government & General Assembly, lobbyist; filing.
C. Todd Gilbert | all patrons    ...    notes
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Summary as passed: (all summaries)

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.

Full text:
01/10/17  House: Prefiled and ordered printed with emergency clause; offered 01/11/17 17102775D  pdf | impact statement
02/03/17  House: Committee substitute printed 17105218D-H1  pdf | impact statement
02/10/17  Senate: Committee substitute printed 17105400D-S1  pdf | impact statement
03/07/17  House: Bill text as passed House and Senate (HB1854ER)  pdf | impact statement
04/26/17  Governor: Acts of Assembly Chapter text (CHAP0829)  pdf

Conference amendments
Governor's recommendation

01/10/17  House: Prefiled and ordered printed with emergency clause; offered 01/11/17 17102775D
01/10/17  House: Referred to Committee on General Laws
01/17/17  House: Referred from General Laws by voice vote
01/17/17  House: Referred to Committee for Courts of Justice
01/27/17  House: Subcommittee recommends reporting with amendments (9-Y 0-N)
02/01/17  House: Assigned Courts sub: Ethics
02/03/17  House: Reported from Courts of Justice with substitute (19-Y 0-N)
02/03/17  House: Committee substitute printed 17105218D-H1
02/04/17  House: Read first time
02/06/17  House: Read second time
02/06/17  House: Committee substitute agreed to 17105218D-H1
02/06/17  House: Engrossed by House - committee substitute HB1854H1
02/07/17  House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/07/17  House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
02/08/17  Senate: Constitutional reading dispensed
02/08/17  Senate: Referred to Committee on Rules
02/10/17  Senate: Reported from Rules with substitute (14-Y 0-N)
02/10/17  Senate: Committee substitute printed 17105400D-S1
02/13/17  Senate: Constitutional reading dispensed (39-Y 0-N)
02/14/17  Senate: Read third time
02/14/17  Senate: Reading of substitute waived
02/14/17  Senate: Committee substitute agreed to 17105400D-S1
02/14/17  Senate: Engrossed by Senate - committee substitute HB1854S1
02/14/17  Senate: Passed Senate with substitute (39-Y 1-N)
02/16/17  House: Placed on Calendar
02/16/17  House: Senate substitute rejected by House 17105400D-S1 (0-Y 97-N)
02/16/17  House: VOTE: REJECTED EMERGENCY (0-Y 97-N)
02/20/17  Senate: Senate insisted on substitute (40-Y 0-N)
02/20/17  Senate: Senate requested conference committee
02/21/17  House: House acceded to request
02/22/17  Senate: Conferees appointed by Senate
02/22/17  Senate: Senators: Norment, Howell, Saslaw
02/23/17  House: Conferees appointed by House
02/23/17  House: Delegates: Gilbert, Minchew, James
02/23/17  Conference: Amended by conference committee
02/24/17  Senate: Conference report agreed to by Senate (39-Y 1-N)
02/24/17  House: Conference report agreed to by House (94-Y 0-N)
02/24/17  House: VOTE: ADOPTION EMERGENCY (94-Y 0-N)
03/07/17  House: Enrolled
03/07/17  House: Bill text as passed House and Senate (HB1854ER)
03/07/17  House: Signed by Speaker
03/10/17  Senate: Signed by President
03/13/17  House: Enrolled Bill communicated to Governor on 3/13/17
03/13/17  Governor: Governor's Action Deadline Midnight, March 27, 2017
03/27/17  House: Governor's recommendation received by House
04/05/17  House: Placed on Calendar
04/05/17  House: House rejected Governor's recommendation (36-Y 62-N)
04/05/17  House: VOTE: REJECTED EMERGENCY (36-Y 62-N)
04/05/17  House: Communicated to Governor
04/05/17  Governor: Governor's Action Deadline Midnight, May 5, 2017
04/26/17  Governor: Approved by Governor-Chapter 829 (effective - see bill)
04/26/17  Governor: Acts of Assembly Chapter text (CHAP0829)