Conflicts of Interests Acts, State & Local Government & General Assembly, etc.; lobbyist reporting. (HB1362)

Introduced By

Del. Todd Gilbert (R-Woodstock) with support from co-patron Sen. Jennifer McClellan (D-Richmond)

Progress

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

Description

Lobbyist reporting, the State and Local Government Conflict of Interests Act, and the General Assembly Conflicts of Interests Act; annual filing of required disclosures; separate report of gifts. Requires the disclosure forms filed by lobbyists and persons subject to the conflict of interests acts to be filed annually. Lobbyists are required to file by July 1 for the preceding 12-month period complete through the last day of April. Persons subject to the conflict of interests acts are required to file on or before January 15. The bill contains technical amendments to reflect the change in filing cycles. The bill also requires the Governor, Lieutenant Governor, Attorney General, members of the Governor's Cabinet, and members of the General Assembly to file on or before May 1 a separate report of gifts received during the regular session of the General Assembly. Read the Bill »

Status

03/28/2016: Passed the General Assembly

History

DateAction
01/22/2016Committee
01/22/2016Presented and ordered printed 16104043D
01/22/2016Referred to Committee for Courts of Justice
01/27/2016Assigned to sub: Ethics
01/27/2016Assigned App. sub: Ethics
01/27/2016Assigned Courts sub: Ethics
01/27/2016Impact statement from DPB (HB1362)
02/05/2016Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
02/10/2016Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/10/2016Committee substitute printed 16105218D-H1
02/12/2016Impact statement from DPB (HB1362H1)
02/12/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105218D-H1
02/15/2016Engrossed by House - committee substitute HB1362H1
02/16/2016Read third time and passed House (98-Y 1-N)
02/16/2016VOTE: PASSAGE (98-Y 1-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee on Rules
03/04/2016Reported from Rules with substitute (12-Y 1-N) (see vote tally)
03/04/2016Committee substitute printed 16105998D-S1
03/04/2016Incorporates HB779
03/04/2016Incorporates HB868
03/04/2016Incorporates HB889
03/04/2016Incorporates HB890
03/04/2016Incorporates HB891
03/04/2016Incorporates HB892
03/04/2016Incorporates HB1361
03/04/2016Incorporates HB857
03/04/2016Incorporates HB860
03/04/2016Incorporates HB861
03/04/2016Incorporates HB862
03/07/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/08/2016Impact statement from DPB (HB1362S1)
03/08/2016Read third time
03/08/2016Reading of substitute waived
03/08/2016Committee substitute agreed to 16105998D-S1
03/08/2016Engrossed by Senate - committee substitute HB1362S1
03/08/2016Passed Senate with substitute (30-Y 10-N) (see vote tally)
03/09/2016Placed on Calendar
03/09/2016Senate substitute rejected by House 16105998D-S1 (0-Y 98-N)
03/09/2016VOTE: REJECTED (0-Y 98-N) (see vote tally)
03/10/2016Senate insisted on substitute (40-Y 0-N) (see vote tally)
03/10/2016Senate requested conference committee
03/10/2016Conferees appointed by House
03/10/2016Delegates: Gilbert, Minchew, McClellan
03/10/2016Conferees appointed by Senate
03/10/2016Senators: Norment, McDougle, Saslaw
03/11/2016C Amended by conference committee
03/11/2016Conference substitute printed 16106324D-H2
03/11/2016Conference report agreed to by House (96-Y 2-N)
03/11/2016VOTE: ADOPTION (96-Y 2-N) (see vote tally)
03/11/2016Conference report agreed to by Senate (38-Y 0-N) (see vote tally)
03/16/2016Impact statement from DPB (HB1362H2)
03/25/2016Enrolled
03/25/2016Bill text as passed House and Senate (HB1362ER)
03/25/2016Signed by Speaker
03/28/2016Signed by President
03/28/2016Enrolled Bill communicated to Governor on 3/28/16
03/28/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016Impact statement from DPB (HB1362ER)
04/10/2016Governor's recommendation received by House
04/20/2016Placed on Calendar
04/20/2016Passed by for the day
04/20/2016Communicated to Governor

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 9 clips in all, totaling 15 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM SHENANDOAH, MR. GILBERT.

Del. Todd Gilbert (R-Woodstock): I MOVE THE COMMITTEE SUBSTITUTE.

[Unknown]: THOSE IN FAVOR SAY AYE. OPPOSED, NO. SUBSTITUTE AGREED TO.

Del. Todd Gilbert (R-Woodstock): THANK YOU, MR. SPEAKER, MR. SPEAKER, LADIES AND GENTLEMEN YOU MAY REMEMBER WE PASSED A MUCH MORE LIMITED ETHICS BILL. ONE HIGHLIGHT WAS TWICE A YEAR REPORTING. WE SORT OF TOUTED THAT WE'RE THE ONLY STATE REQUIRING TWICE A YEAR REPORTING OVER ECONOMIC INTERESTS, HAVING DONE THAT, IT SEEMS LIKE IT'S UNNECESSARY. WE'RE TRYING TO FIX A PROBLEM WE'RE UNABLE TO FIX AND PRESSED ON AND DID IT ANYWAY. THE COMPROMISE IS NOT MAKE EVERYBODY HAVE TO DO THAT TWICE A YEAR, THIS REVERTS US BACK TO WHAT WE USED TO DO. ONCE A YEAR REPORTING EXCEPT IN MID YEAR NOW, YOU'LL HAVE TO MAINTAIN GIFTS SO I MOVE THIS BILL BE ENGROSSED AND PASSED TO THIRD READING. THANK YOU.


[Unknown]: REPORTING TO STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS AGENT AND GENERAL ASSEMBLY CONFLICTS OF INTERESTS ACT, ANNUAL FILING OF REQUIRED DISCLOSURES, SEPARATE REPORT OF GIFTS. SHALL THE BILL PASS? THE CLERK WILL CLOSE THE ROLL. AYES 98, NOS ONE.
THE SENIOR SENATOR FROM VIRGINIA BEACH, SENATOR WAGNER.

Sen. Frank Wagner (R-Virginia Beach): MR. PRESIDENT, COULD THAT GO BYE FOR ONE MORE SOMEDAY.

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, HOUSE BILL 685 WILL GO BYE FOR THE DAY.

Sen. Frank Wagner (R-Virginia Beach): HOUSE BILL 1362, A BILL RELATING TO LOBBYIST REPORTING, THE STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT, AND GENERAL ASSEMBLY CONFLICTS OF INTERESTS ACT, ANNUAL FILING OF REQUIRED DISCLOSURES, SEPARATE REPORT OF GIFTS. REPORTED FROM THE COMMITTEE ON RULES WITH A SUBSTITUTE.

[Unknown]: THE SENATOR FROM HANOVER, SENATOR MRK DOULG. MR. PRESIDENT, I MOVE THAT THE SENATE AGREE TO THE COMMITTEE SUBSTITUTE. THANK YOU, SENATOR. THE QUESTION IS SHALL THE SUBSTITUTE BE AGREED TO. ALL IN FAVOR -- MR. PRESIDENT. THE SENATOR FROM ALEXANDRIA.

Del. Bill Howell (R-Fredericksburg): WOULD THE GENTLEMAN FROM LOTS OF YIELD FOR A QUESTION?

[Unknown]: WOULD THE SENATOR FROM HANOVER YIELD FOR A QUESTION? I YIELD. HE YIELDS, SENATOR. I WOULD ASK THE GENTLEMAN A FEW QUESTIONS ABOUT THE GIFT REFERRED TO WITHIN AND THE SENATE SUBSTITUTE TO THE HOUSE BILL, WHICH I UNDERSTOOD WAS MORE TECHNICAL IN NATURE. I READ THE BILL TO SAY THAT -- PREVIOUS TO THE WORDS THAT ANY FOOD PROVIDED TO AN INDIVIDUAL AT AN EVENT, THEY'RE DOING OFFICIAL DUTIES DIDN'T HAVE TO BE REPORTED, BUT NOW IT SAYS ANY FOOD OR BEVERAGE ASSOCIATED WITH AN EVENT THAT IS ACCEPTED OR RECEIVED BY AN INDIVIDUAL WHILE IN ATTENDANCE AT THE EVENT DOESN'T HAVE TO BE REPORTED AND I WANTED TO ASK THE SENATOR WHAT THAT MEANS WHEN YOU'RE JUST AT AN EVENT RATHER THAN AT AN EVENT WHERE THERE ARE DUTIES BEING THE SENATOR FROM LOTS OF. CONDUCTED. MR. PRESIDENT, I'D ANSWER THE GENTLEMAN THAT THE COMMITTEE SUBSTITUTE PUTS THE BILL IN THE SAME POSTURE AS THE BILL THAT WAS CARRIED BY THE SENATOR FROM JAMES CITY WHEN IT LEFT THE SENATE WITH ONE EXCEPTION, AND THAT EXCEPTION WAS THAT OUR DISCLOSURE FORMS WOULD BE FILED WITH THE CLERKS OF THE RESPECTIVE HOUSES AND SENATE AND THAT IS PART OF PROCEDURE BECAUSE THEY ALSO HAVE TO GO TO THE PRIVILEGES AND ELECTIONS COMMITTEE, AND THAT WAS ONE THAT WE DID NOT PICK UP ON WHEN IT MADE THE FIRST PASS. SO EVERYTHING ELSE IS THE SAME AS IT WAS IN THE BILL AS IT ORIGINALLY LEFT AND I HAVE A VERY STRONG THOUGHT BASED ON THE ACTION THAT WAS TAKEN ON THE SENATE VERSION A FEW MOMENTS AGO, THAT THIS IS HEADED TO CONFERENCE AND WILL LIKELY NOT LOOK THE SAME WHEN IT RETURNS, IF IT RETURNS. THE SENATOR -- SPEAKING BRIEFLY TO THE ADOPTION OF THE SUBSTITUTE. THE SENATOR HAS THE FLOOR. I JUST WANTED TO DRAW THE BODY'S ATTENTION TO WHAT WE'RE DOING IF WE ACCEPT THE SUBSTITUTE AND I KNOW THERE HAS BEEN DISCUSSED BEFORE SO I'LL BE VERY BRIEF. THIS BILL CAPS AT $100 OR RAISES TO $100 WHAT HAS TO BE REPORTED. IT STILL CAPS AT 100 WHAT YOU CAN ACCEPT, SO ASIDE FROM A WIDELY ATTENDED EVENT, THE WAY I READ THE BILL, IS THAT IT EFFECTIVELY ELIMINATES REPORTING OF GIFTS WHICH IS NOT THE DIRECTION WE STARTED GOING IN TWO YEARS AGO. SO I WOULD MOVE THAT WE -- OR SUGGEST THAT WE VOTE TO REJECT THE SUBSTITUTE RATHER THAN ACCEPT IT. THANK YOU, SENATOR. THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): MR. PRESIDENT, WITH ALL DUE RESPECT TO THE GENTLEMAN, I WOULD ASK THAT THE COMMITTEE SUBSTITUTE BE AGREED TO. THE BILL WITH THE EXCEPTION THAT THE SENATOR FROM HANOVER JUST NOTED IS EXACTLY THE SAME AS WAS REPORTED OUT OF THE SENATE. WE ENJOYED A DEBATE, OF COURSE, IN COMMITTEE AND ON THE FLOOR WITH THAT REGARD. IF YOU DIDN'T LIKE THE ETHICS BILL AS IT CAME OFF THE SENATE BEFORE, YOU'RE NOT GOING TO LIKE IT ANY BETTER NOW. I WOULD SAY FOR THOSE OF YOU WHO MAY HAVE DISSENTED ON THE SENATE APPROACH PREVIOUSLY, I THINK IT IS VERY IMPORTANT THAT WE PUT BOTH OF THESE BILLS IN CONFERENCE SO, IN FACT, THAT WE CAN RECONCILE THEM AND THAT'S CERTAINLY ONE OF THE ISSUES TO DISCUSS, BUT I WOULD ASK THAT THE COMMITTEE SUBSTITUTE BE AGREED TO.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO. ALL THOSE IN FAVOR OF THE MOTION
CONCEPTS THEY HAD IN THEIR BILL THAT WE REJECTED WHEN WE CONFORMED IT TO MY BILL. OBVIOUSLY, THAT'S WHAT HAPPENS WHEN YOU HAVE COMPETING CONCEPTS. I WOULD ASK AT THIS POINT WE REJECT THE SENATE AMENDMENTS AND PUT THE BILL INTO CONFERENCE. SHALL THE SENATE AMENDMENTS BE AGREED TO?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE


Del. Todd Gilbert (R-Woodstock): KNOWLEDGE, RECOMMENDATIONS OF THE ETHICS COUNCIL. THE ONE BILL THAT THE HOUSE HAS ALREADY PASSED UNANIMOUSLY THAT WAS NOT PART OF THE ETHICS COUNCIL RECOMMENDATION AND NOT BECAUSE -- NOT BECAUSE IT THOUGHT THE -- NOT BECAUSE IT ACTED UNFAVORABLY ON THIS, BUT JUST BECAUSE THE COUNCIL NEVER HAD THE OPPORTUNITY TO ACT, WAS THE ISSUE OF ANNUAL FILING. I THINK THE MEMBERS WOULD BE PLEASED TO KNOW, THEY HAVE ALREADY VOTED FOR ONCE A YEAR FILING INSTEAD OF TWICE A YEAR FILING WITH THE CAVEAT THAT THE PUBLIC WOULD STILL BE ABLE TO KNOW THE GIFTS THAT MEMBERS AND THAT THE GOVERNOR AND CABINET SECRETARIES, THOSE HAVE TO REPORT, AND THE EXECUTIVE BRANCH, GIFTS THAT THEY RECEIVE DURING A LEGISLATIVE SESSION. SO WE WOULD REVERT BACK TO ONCE A YEAR. AGAIN, THIS IS SOMETHING WE'VE ALREADY PASSED BUT I WANTED TO TELL FOLKS THE CHANGES, MR. SPEAKER.

[Unknown]: WE WOULD BE REVERTING TO ONCE A YEAR REPORTING WITH THE CAVEAT THAT IN THE MIDDLE OF THE YEAR YOU WOULD HAVE TO REPORT ONLY YOUR GIFT, NOT YOUR FULL STATEMENT OF ECONOMIC INTERESTS. THE ONE CHANGE THAT THE SENATE REQUESTED AND I THINK THE ISSUE HERE IS NOT WHAT WE ARE DOING, BUT WHAT WE ARE NOT DOING IN THIS LEGISLATION IN THE CONFERENCE REPORT. THE SENATE PASSED A NUMBER OF CONCEPTS THAT WE DID NOT ADOPT IN THIS CONFERENCE REPORT. THE ONLY EXCEPTION TO THAT WOULD BE THAT WHAT WE CALLED DE MIMIMIS GIFTS, THINGS UNDER $20, WOULD NO LONGER COUNT TOWARD THE AGGREGATE. MR. SPEAKER, YOU MAY RECALL THAT WHEN WE WERE DEBATING AND PASSING THIS LEGISLATION LAST YEAR WE DID NOT HAVE AN AGGREGATE. I ARGUED THROUGHOUT THE PROCESS THAT THE AGGREGATE WOULD PROVE TO BE UNWORKABLE. I DO BELIEVE THAT IT, FOR MANY REASONS, IS UNWORKABLE, BUT IT IS THE LAW, AND WE ARE -- I DON'T THINK IT'S -- LET ME BACK UP. I THINK THE ONE AREA WHERE I FIND IT TO BE PROBLEMATIC IS THE NOTION THAT MEMBERS OR OTHER PUBLIC OFFICIALS WOULD HAVE TO KEEP TRACK OF EVERY COUPLE OF COFFEE, EVERY KEY RING, KEY CHAIN, THINGS LIKE THAT, MR. SPEAKER, AND SO WE CREATED THIS CONCEPT OF A DE MIMIMIS GIFT, THINGS UNDER $20, BUT IT WAS STILL COUNTING TOWARD THIS AGGREGATE $100 ANNUAL CAP, AND WE HAVE ADOPTED THE SENATE'S RECOMMENDATION, THE LEGISLATION THEY PASSED, PART OF THAT CONFERENCE REPORT, TO EXEMPT ALL THAT FROM THE AGGREGATE SO IT IS A TRUE DE MIMIMIS, UNDER $20, AND MR. SPEAKER, EVERYBODY HAS VOTED ON EVERY CONCEPT FAVORABLY EXCEPT FOR THAT ONE CHANGE, AND I WOULD MOVE THE ADOPTION OF THE CONFERENCE REPORT.

Del. Todd Gilbert (R-Woodstock): SHALL THE CONFERENCE REPORT BE ADOPTED?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.


[Unknown]: GOVERNOR'S AMENDMENTS ARE EFFECTIVELY DEAD AND THAT ANY DEBATE IN THE HOUSE WOULD BE A MOOT POINT, AND SO I WOULD ASK AGAIN, PURSUANT TO THE MOTION, THAT THE AMENDMENTS BE PASSED BY. Speaker: WITHOUT OBJECTION, WE WILL VOTE ON THE AMENDMENTS 1 THROUGH 48 IN A BLOCK -- I'M SORRY. TAKEN BY FOR THE DAY. BUT WE WON'T BE HERE TOMORROW. WITHOUT OBJECTION, BY FOR THE DAY. Clerk: RETURNING TO PAGE 34

Duplicate Bills

The following bills are identical to this one: SB692.