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SB535: Conflict of Interests Act, State and Local Government; prohibited conduct for certain officers, etc.

SENATE BILL NO. 535
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on General Laws and Technology
on February 6, 2008)
(Patron Prior to Substitute—Senator Herring)
A BILL to amend the Code of Virginia by adding a section numbered 2.2-3104.01, relating to the State and Local Government Conflict of Interests Act; prohibited conduct for members of a local governing body.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 2.2-3104.01 as follows:

§ 2.2-3104.01. Prohibited conduct for members of a local governing body.

A. In addition to the prohibitions contained in § 2.2-3103, no member of a local governing body shall, during a term of office or the one year after the termination of his service in that office, accept employment with any person or business, other than a governmental agency, that was a party to any transaction considered by the governing body during the member’s most recent term of office in which the member participated in the discussion and cast a vote in actions taken by the governing body pertaining to the transaction.

B. Any member subject to the provisions of this section may apply to the appropriate attorney for the Commonwealth, as provided in § 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public-employment position or opportunity.

SENATE BILL NO. 535
Offered January 9, 2008
Prefiled January 9, 2008
A BILL to amend the Code of Virginia by adding a section numbered 2.2-3104.01, relating to the State and Local Government Conflict of Interests Act; prohibited conduct for certain officers and employees of local government.
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Patron-- Herring
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Referred to Committee on General Laws and Technology
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 2.2-3104.01 as follows:

§ 2.2-3104.01. Prohibited conduct for certain officers and employees of local government.

A. In addition to the prohibitions contained in § 2.2-3103, no local officer or employee required to file a disclosure statement of personal interests pursuant to subsection A or B of § 2.2-3115 shall, during the one year after the termination of his public service or employment, accept employment with any person or business that was party to any transaction before the local officer's or employee’s agency in which (i) the local officer participated in the discussion and the final vote taken by the agency on the transaction or (ii) the local employee participated in an official capacity during the agency’s consideration of the transaction.

B. Any person subject to the provisions of this section may apply to the appropriate attorney for the Commonwealth, as provided in § 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any postpublic-employment position or opportunity.

Additional Data

Explanation

This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.

Words that are highlighted in yellow are proposed additions, and words that are crossed out in red are proposed removals.

The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.