Conflicts of Interests Acts, and General Assembly; certain gifts prohibited. (HB1667)

Introduced By

Del. David Bulova (D-Fairfax)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

State and Local Government Conflict of Interests Act and the General Assembly Conflicts of Interests Act; certain gifts prohibited; penalties. Prohibits state and local government officers and employees and legislators and candidates for the General Assembly required to file the disclosure form prescribed in 2.2-3117 or 30-111 from soliciting, accepting, or receiving any single tangible or intangible gift, or any combination of tangible or intangible gifts, with a value exceeding $100 from any person. For purposes of the prohibition and the disclosure requirements, such gift or gifts given to a member of the immediate family of an officer, employee, legislator, or candidate shall be considered a gift or gifts to the officer, employee, legislator, or candidate if (i) the gift was given with his knowledge and acquiescence and (ii) he knows or has reason to know that the gift was given to the member of his immediate family because of his official position. However, an intangible gift or a combination of intangible gifts with a value exceeding $100 may be accepted if the gift or gifts were received while in attendance at an event sponsored by a not-for-profit or government entity that is open to the public or to which the public is invited to purchase tickets for admission, or if a written request has been submitted to and has received the written approval of the Virginia Conflict of Interest and Ethics Advisory Council. The Council may approve those requests that provide a public benefit and do not raise the appearance of impropriety. The bill further prohibits any officer, employee, legislator, or candidate, or any member of his immediate family, from soliciting, accepting, or receiving any tangible or intangible gift of any value when he knows or has reason to know that such gift was offered or given with the intent to induce any conduct or action by him related to the performance of his official duties. A knowing violation of this prohibition is punishable by a civil penalty in an amount equal to $250, and any officer, employee, legislator, or candidate who knowingly commits a second or subsequent violation within four years of a previous violation is guilty of a Class 1 misdemeanor. For purposes of this limitation, the bill defines "tangible gift" as a thing of value that can be sold at retail, including currency, securities, and other financial instruments and defines "intangible gift" as those services, transportation, lodgings, meals, and other things of value that may be enjoyed but cannot be resold. The prohibition does not apply to gifts given by relatives or personal friends. The bill amends the five-year dollar adjustment to the limitation on annual gifts, requiring the adjustment be rounded to the nearest $50. Read the Bill »

Status

02/04/2015: Merged into HB2070

History

DateAction
01/09/2015Committee
01/09/2015Prefiled and ordered printed; offered 01/14/15 15102430D
01/09/2015Referred to Committee for Courts of Justice
01/13/2015Assigned Courts sub: Ethics
01/14/2015Impact statement from VCSC (HB1667)
02/02/2015Impact statement from DPB (HB1667)
02/04/2015Subcommittee recommends incorporating (HB2070-Gilbert)
02/04/2015Incorporated by Courts of Justice (HB2070-Gilbert)