Commonwealth's Development Opportunity Fund; political contributions, report. (SB750)

Introduced By

Sen. Tommy Norment (R-Williamsburg)

Progress

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

Description

Commonwealth's Development Opportunity Fund; political contributions; reporting. Requires the Virginia Economic Development Partnership (VEDP) to provide to the Governor and to each campaign committee or political action committee known by VEDP to have been established by or on behalf of the Governor a quarterly report listing all businesses that received awards from the Commonwealth's Development Opportunity Fund (the Fund) in the previous quarter. The bill also requires the Governor and the campaign committee or political action committee receiving the reports to submit a report to the Virginia Conflict of Interest and Ethics Advisory Council containing any contributions greater than $100 that were received from such businesses between the time the application was made to the Fund through the one-year period after the business received a grant or loan from the Fund. The reporting requirements of the bill replace a provision prohibiting any person or entity submitting an application for an award from the Fund from making a contribution to the Governor or to the Governor's campaign committee or political action committee during the time the application is pending and in the one-year period following the award from the Fund. Amends § 2.2-115, § 2.2-3104.01, of the Code of Virginia. Read the Bill »

Status

03/11/2016: Passed the General Assembly

History

DateAction
01/22/2016Presented and ordered printed 16100811D
01/22/2016Referred to Committee on Finance
01/28/2016Impact statement from DPB (SB750)
02/03/2016Reported from Finance (14-Y 0-N) (see vote tally)
02/04/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2016Read second time and engrossed
02/08/2016Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/11/2016Placed on Calendar
02/11/2016Read first time
02/11/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Ethics
02/16/2016Assigned Courts sub: Ethics
02/29/2016Subcommittee recommends reporting (9-Y 0-N)
03/02/2016Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
03/02/2016Committee substitute printed 16105948D-H1
03/04/2016Read second time
03/07/2016Passed by for the day
03/07/2016Impact statement from DPB (SB750H1)
03/08/2016Passed by for the day
03/09/2016Read third time
03/09/2016Committee substitute agreed to 16105948D-H1
03/09/2016Amendments by Delegate Gilbert agreed to
03/09/2016Engrossed by House - committee substitute with amendments SB750H1
03/09/2016Passed House with substitute with amendments (93-Y 6-N)
03/09/2016VOTE: PASSAGE (93-Y 6-N) (see vote tally)
03/10/2016Passed by for the day
03/10/2016Reconsideration of Passed by for the day agreed to (40-Y 0-N) (see vote tally)
03/10/2016Passed by temporarily
03/10/2016House substitute with amendments agreed to by Senate (39-Y 0-N) (see vote tally)
03/10/2016Title replaced 16105948D-H1
03/11/2016Enrolled
03/11/2016Bill text as passed Senate and House (SB750ER)
03/11/2016Signed by President
03/11/2016Signed by Speaker
03/16/2016Enrolled Bill Communicated to Governor on 3/16/16
03/16/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/17/2016Impact statement from DPB (SB750ER)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 10 minutes.

Transcript

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



Del. Todd Gilbert (R-Woodstock): GOVERNOR'S PAC COULD DO, THERE WAS A PROHIBITION ON CONTRIBUTIONORS GIFTS OF GREATER VALUE OF $100 TO THE GOVERNOR OR HIS CAMPAIGN THE SENATOR WAS APPROACHED BY COMMITTEE. THE VEDP, MR. SPEAKER, AND WITH CONCERNS ABOUT WHY THIS WAS NEGATIVELY IMPACTING OUR ABILITY TO DO ECONOMIC DEVELOPMENT IN THE COMMONWEALTH BECAUSE OF SOME UNFORESEEN CONSEQUENCES. I THINK THE EXAMPLE WE KEPT HEARING ABOUT WAS THAT THERE MAY BE SOME EMPLOYEES SOMEWHERE OR SOME OTHER ENTITY IN SOME OTHER STATE THAT'S AFFILIATED WITH SOMEBODY TRYING TO DO BUSINESS IN THE COMMONWEALTH THROUGH THE GOVERNOR'S OPPORTUNITY FUND AND SOMEHOW WE MAY BE CATCHING UP PEOPLE IN THIS THAT MAY NOT HAVE BEEN -- WHO MAY NOT KNOW THE CONSEQUENCES, THE CAMPAIGN COMMITTEES MAY NOT KNOW THESE OTHER PEOPLE EXIST, AND SO IT'S JUST UNMANAGEABLE. THIS IS ONE OF THE MANY THINGS WE SAID MIGHT BE UNWORKABLE. MR. SPEAKER, WHAT THIS SENATE BILL DOES IS EFFECTIVELY REPLACES THE PROHIBITION WITH SOME MEASURE, SIGNIFICANT MEASURE, I WOULD SAY, WITH THE FLOOR AMENDMENT OF TRANSPARENCY. IT PROVIDES THAT ON A QUARTERLY BASIS, VADP SHALL NOTIFY THE GOVERNOR OF AWARDS MADE FROM THE FUND IN THE PRIOR QUARTER, THEN MR. SPEAKER, THE FLOOR AMENDMENT, WHICH I WILL ASK THE CLERK TO REPORT, TAKES WHAT WAS ORIGINALLY A REQUEST FROM VEDP FOR THE GOVERNOR OR HIS CAMPAIGN COMMITTEES TO PROVIDE CERTAIN INFORMATION, MAKES THAT THAT THE GOVERNOR AND HIS CAMPAIGN COMMITTEE SHALL PROVIDE THIS INFORMATION. I THINK THAT RECTIFIES THE CONCERNS BROUGHT IT TO ME ABOUT MAKING SURE THAT THERE IS ACTUAL TRANSPARENCY THAT WE CAN ENFORCE. SO THAT'S WHAT THE BILL DOES, MR. SPEAKER. AND I WOULD ASK THE CLERK TO REPORT THE FLOOR AMENDMENT, PLEASE.

[Unknown]: FLOOR AMENDMENT OFFERED BY DELEGATE GILBERT TO THE COMMITTEE SUBSTITUTE, TWO AMENDMENTS, AMENDMENT NUMBER ONE, LINE 210, LINE 210, AFTER THE WORD QUARTER, STRIKE THE REMAINDER OF LINE 210, THROUGH THE WORD COMMITTEE, TWO, ON LINE 211, INSERT THE FOLLOWING, WITHIN 18 MONTHS OF THE DATE OF EACH AWARD FROM THE FUND, THE GOVERNOR, HIS CAMPAIGN COMMITTEE, AND HIS POLITICAL ACTION COMMITTEE SHALL. AMENDMENT NUMBER TWO, ON LINE 212, AMENDMENT TWO, LINE 212, AFTER SECTION 30-355, STRIKE THE REMAINDER OF LINE 212, ALL THE WAY THROUGH THE WORD FUND ON LINE 213.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS ON ADOPTION OF THE FLOOR AMENDMENTS OFFERED BY THE GENTLEMAN FROM SHENANDOAH, PERFORM GILBERT. AS MANY AS FAVOR ADOPTION OF THE FLOOR AMENDMENTS WILL SAY AYE, THOSE OPPOSED, NO. THE FLOOR AMENDMENTS ARE AGREED TO. THE GENTLEMAN FROM ALEXANDER, MR. LEV GLEEN MR. SPEAKER, WILL THE GENTLEMAN FROM SHENANDOAH YIELD FOR A QUESTION?

Del. Mark Levine (D-Alexandria): I YIELD.

[Unknown]: THE GENTLEMAN YIELDS.

Del. Mark Levine (D-Alexandria): MR. SPEAKER, I WOULD ASK THE GENTLEMAN WHETHER OR NOT IT'S TRUE THAT UNDER CURRENT LAW, IT WOULD BE PROHIBITED FOR A GRANTEE OF THE FUND TO GIVE A $100,000 DONATION TO THE GOVERNOR WHILE THE GOVERNOR WAS DECIDING WHETHER OR NOT IT TO APPROVE THAT DONATION. IS THAT TRUE THAT UNDER CURRENT LAW, THAT'S PROHIBITED?

Del. Todd Gilbert (R-Woodstock): MR. SPEAKER, I BELIEVE THAT THE PROHIBITIONS RELATE TO THE PERIOD IN WHICH THE AWARD IS BEING CONSIDERED, AND THE -- I THINK SOME TIME PERIOD THEREAFTER. AND I HAVE A FOLLOWUP QUESTION, MR. SPEAKER, IF THE GENTLEMAN WOULD YIELD. WILL THE GENTLEMAN YIELD? I YIELD.

Del. Mark Levine (D-Alexandria): MY QUESTION FOR THE PATRON, MR. SPEAKER, FOR THE GENTLEMAN FROM SHENANDOAH, IS WHETHER UNDER THIS CURRENT BILL, THAT WOULD CHANGE THE LAW, AND EVEN THOUGH IT WOULD BE DISCLOSED, WOULD ALLOW SOMEONE WHO WANTED TO INFLUENCE A VERY BAD GOVERNOR, NOT AT ALL THE CURRENT GOVERNOR, BUT SOMEONE WHO WANTED TO INFLUENCE A VERY BAD GOVERNOR TO GIVE A DONATION OF $100,000 WHILE THE NEGOTIATIONS ARE PENDING OR RIGHT AFTER THE AWARD IS GIVEN, AND EVEN THOUGH IT WOULD BE DISCLOSED, THAT WOULD THEN BE LEGAL UNDER THIS BILL. IS THAT CORRECT?

Del. Todd Gilbert (R-Woodstock): YES, MR. SPEAKER, I THINK THAT'S ABSOLUTELY RIGHT, AND THE CONSIDERATIONS HERE, YOU KNOW, WHEN WE PASSED THAT BILL LAST YEAR, THAT WAS CERTAINLY OUR INTENT WAS TO PROHIBIT THE VERY STARK, CLEAR EXAMPLES OF UNDUE INFLUENCE THAT MAY EXIST. THE PROBLEM IS WE CREATED A NUMBER OF UNINTENDED CONSEQUENCES THAT WERE NOT FORESEEN. THERE WEREN'T -- THAT WEREN'T AS CLEAR, NOT AS READILY APPARENT. SO VEDP WAS VERY CONCERNED ABOUT THE UNINTENDED CONSEQUENCES, AND THEY CAN CERTAINLY ARTICULATE THE MANY EXAMPLES THAT THEY CAME UP WITH MUCH BETTER THAN I CAN. BUT IT WAS NOT TO PREVENT THE KIND OF EXAMPLE THAT THE GENTLEMAN IS USING. TO -- IT'S TO RECTIFY ANY OF OTHER UNINTENDED CONSEQUENCES THAT HAVE ARISEN SINCE THEN. SO INSTEAD OF PROHIBITING IT, IT PUTS IT ALL OUT THERE FOR THE WORLD TO SEE ON A REGULAR BASIS SO THAT ANY UNDUE INFLUENCE, THAT THERE WILL BE CONSEQUENCES IT TO BE HAD FOR THE POLITICALLY -- FOR THAT POLITICALLY, FOR WHOMEVER IS WILLING TO ENGAGE IN THAT SORT OF CONSIDERATION.

[Unknown]: MR. SPEAKER, SPEAKING TO THE BILL?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Mark Levine (D-Alexandria): I UNDERSTAND WHAT THIS BILL IS TRYING TO DO. I AM FULLY SUPPORTIVE OF GETTING RID OF ALL THE UNINTENDED CONSEQUENCES. I STILL THINK THERE'S A LOOPHOLE IN THE BILL. I'M GOING TO VOTE AGAINST IT, BUT I DO THINK THIS BILL CAN BE FIXED, SO THAT WE DON'T HAVE THE UNINTENDED CONSEQUENCES, BUT WE STILL PROHIBIT WHAT WOULD CLEARLY IT TO ME BE A CONFLICT. THANK YOU MR. SPEAKER. MR. SPEAKER?

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

Del. Todd Gilbert (R-Woodstock): SPEAKING TO THE BILL?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Todd Gilbert (R-Woodstock): MR. SPEAKER, I AGREE WITH THE GENTLEMAN, AND IF THERE WERE A PERFECT WAY TO DO THESE THINGS, THAT SOMEONE COULD EASILY COME UP WITH, WE WOULD CERTAINLY ADOPT THE EASY PATH EVERY TIME WE CAN, BUT IT IS VERY DIFFICULT TO WRITE LEGISLATION THAT COVERS EVERY POSSIBILITY, THAT ALSO DOESN'T CAPTURE A WHOLE BUNCH OF ACTIVITY THAT WE DIDN'T INTEND TORTION AND THIS WAS THE PROBLEM THAT, WHEN WE WERE FIRST GOING THROUGH THE ETHICS LEGISLATION, TALKING ABOUT, YOU KNOW, IT WAS -- CONSTANTLY, REPORTERS OR CITIZENS WERE ASKING ME WHY DON'T YOU JUST SAY NO GIFTS BECAUSE IT SOUNDS SO SIMPLE. WELL, I WOULD SAY MAY I -- IF I DRIVE AN HOUR TO GO GIVE A SPEAKING ENGAGEMENT AND SOMEONE AT THE SPEAKING ENGAGEMENT OFFERS ME A BOTTLE OF WATER SO I CAN CLEAR MY THROAT, BEFORE I GIVE MY SPEECH, THAT I JUST DROVE AN HOUR FOR, AM I ABLE TO ACCEPT THAT BOTTLE OF WATER, OR IS THAT NOT ALLOWED UNDER YOUR NO GIFTS THEORY, AND UNIVERSALLY, EVERYONE THINKS THAT IS PERFECTLY REASONABLE THAT I COULD ACCEPT A BOTTLE OF WATER TO CLEAR MY THROAT BEFORE I GIVE A SPEECH, AND IF WE START DOING THAT, THEN WE ARE STARTING TO DO THE VERY BALANCING TEST WE TRIED TO ACHIEVE IN THE COURT'S ETHICS SUBCOMMITTEE WHEN WE WERE WORKING THROUGH THIS FOR HOURS ON END. SO THAT WAS ONE EXAMPLE OF HOW HARD IT IS TO GET THIS RIGHT, AND TO TRY TO PREVENT THE EXACT TYPES OF THINGS THAT THE GENTLEMAN IS TALKING ABOUT, WITHOUT, YOU KNOW, GETTING INTO THINGS THAT WE DIDN'T INTEND. AND SO I'M HAPPY TO WORK WITH THE GENTLEMAN, IF HE HAS A MAGIC ANSWER ON HOW HE CAN GET WITH THE FOLKS OF VEDP AND SEE HOW WE CAN MAYBE FIX THOSE UNINTENDED CONSEQUENCES. I WOULD BE HAPPY TO JOIN HIM IN THAT EFFORT. THANK YOU.

[Unknown]: SHALL THE BILL PASS?

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

[Unknown]: AYES 93, NOS SIX.