16100886D
HOUSE BILL NO. 153
Offered January 13, 2016
Prefiled December 22, 2015
A BILL to amend and reenact §30-356 of the Code of Virginia,
relating to powers and duties of the Virginia Conflict of Interest and Ethics
Advisory Council; inspection of disclosure statements.
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Patrons-- Simon and Plum
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §30-356 of the Code of Virginia is amended and
reenacted as follows:
§30-356. Powers and duties of the Council.
The Council shall:
1. Review all disclosure forms filed by lobbyists pursuant to
Article 3 and by state government officers and employees and legislators
pursuant to the Acts. The Council may review disclosure forms for completeness,
including reviewing the information contained on the face of the form to
determine if the disclosure form has been fully completed and comparing the
disclosures contained in any disclosure form filed by a lobbyist pursuant to §
2.2-426 with other disclosure forms filed with the Council, and requesting any
amendments to ensure the completeness of and correction of errors in the forms,
if necessary. If a disclosure form is found to have not been filed or to have
been incomplete as filed, the Council shall notify the filer in writing and
direct the filer to file a completed disclosure form within a prescribed period
of time, and such notification shall be confidential and is excluded from the
provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.);
2. Conduct
a semiannual inspection of a random sample of the disclosure forms filed
pursuant to Article 3 and the Acts to determine (i) compliance with applicable
disclosure requirements and limitations on gifts,
(ii) the accuracy of information disclosed, and (iii) whether
filing deadlines were met;
3. (Effective
until July 1, 2016) Accept any disclosure forms by computer or electronic means
in accordance with the standards approved by the Council and using software
meeting standards approved by it. The Council shall provide software or
electronic access for filing the required disclosure forms to all filers
without charge. The Council shall prescribe the method of execution and
certification of electronically filed forms, including the use of an electronic
signature as authorized by the Uniform Electronic Transactions Act (§59.1-479
et seq.);
2. 3. (Effective July 1, 2016)
Require all disclosure forms to be filed electronically in accordance with the
standards approved by the Council. The Council shall provide software or
electronic access for filing the required disclosure forms to all filers without
charge. The Council shall prescribe the method of execution and certification
of electronically filed forms, including the use of an electronic signature as
authorized by the Uniform Electronic Transactions Act (§59.1-479 et seq.);
3. 4. Accept and review any
statement received from a filer disputing the receipt by such filer of a gift
that has been disclosed on the form filed by a lobbyist pursuant to Article 3;
4. 5. Beginning July 1, 2016,
establish and maintain a searchable electronic database comprising disclosure
forms filed pursuant to §§2.2-426, 2.2-3117, 2.2-3118, and 30-111. Such
database shall be available to the public through the Council's official
website;
5. 6. Furnish, upon request,
formal advisory opinions or guidelines and other appropriate information,
including informal advice, regarding ethics, conflicts issues arising under
Article 3 or the Acts, or a person's duties under Article 3 or the Acts to any
person covered by Article 3 or the Acts or to any agency of state or local
government, in an expeditious manner. The Council may authorize a designee to
furnish formal opinions or informal advice. Formal advisory opinions are public
record and shall be published on the Council's website; however, no formal
advisory opinion furnished by a designee of the Council shall be published
until such opinion has been approved by the Council. Published formal advisory
opinions may have such deletions and changes as may be necessary to protect the
identity of the person involved. Informal advice given by the Council or the
Council's designee is confidential, protected by the attorney-client privilege,
and is excluded from the provisions of the Virginia Freedom of Information Act
(§2.2-3700 et seq.);
6. 7. Conduct training seminars
and educational programs for lobbyists, state and local government officers and
employees, legislators, and other interested persons on the requirements of
Article 3 and the Acts and provide ethics orientation sessions for legislators
in compliance with Article 6 (§30-129.1 et seq.) of Chapter 13;
7. 8. Approve orientation courses
conducted pursuant to §2.2-3128 and, upon request, review the educational
materials and approve any training or course on the requirements of Article 3
and the Acts conducted for state and local government officers and employees;
8. 9. Publish such educational
materials as it deems appropriate on the provisions of Article 3 and the Acts;
9. 10. Review actions taken in the
General Assembly with respect to the discipline of its members for the purpose of
offering nonbinding advice;
10. 11. Request from any agency of
state or local government such assistance, services, and information as will
enable the Council to effectively carry out its responsibilities. Information
provided to the Council by an agency of state or local government shall not be
released to any other party unless authorized by such agency;
11. 12. Redact from any document or
form that is to be made available to the public any residential address,
personal telephone number, or signature contained on that document or form; and
12. 13. Report on or before
December 1 of each year on its activities and findings regarding Article 3 and
the Acts, including recommendations for changes in the laws, to the General
Assembly and the Governor. The annual report shall be submitted by the chairman
as provided in the procedures of the Division of Legislative Automated Systems
for the processing of legislative documents and reports and shall be published
as a state document.
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