The Virginia General Assembly adjourned sine die on Saturday, March 8, 2014. The session ended without a state budget, the result of a standoff on whether to expand the state’s Medicaid program. Governor Terry McAuliffe announced he would call legislators back for a special session to begin March 24.

Before adjourning, the General Assembly passed significant ethics reform, limiting gifts from lobbyists, principals, and persons seeking to do business with the state to $250. The legislation also created the Virginia Conflict of Interest and Ethics Advisory Council, tasked with receiving disclosure forms from legislators and lobbyists and enforcing the newly-created ethics laws.

A new semiannual lobbyist reporting schedule will take effect July 1, 2015, with the first report filed under the new framework due December 15, 2015. The new filing schedule does not affect the annual report due July 1, 2014. The final bill awaits signature by Gov. McAuliffe.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.

Virginia’s lack of gift laws has been thrown into the spotlight recently with the federal indictment of former Gov. Bob McDonnell. McDonnell became embroiled in scandal after accepting gifts worth thousands of dollars from Star Scientific CEO Jonnie Williams. While state law required all gifts of more than $50 to be disclosed, there was no limit on what a public official could accept from any donor. Williams also gave gifts to McDonnell’s wife and daughters; these gifts went undisclosed because state law does not require gifts to officials’ family members to be disclosed.

The national attention on Virginia has turned the tide in favor of ethics reform. Several ethics bills filed before the session convened on January 8 have now been incorporated into Senate Bill 649. This comprehensive bill prohibits gifts of more than $250 from lobbyists, requires reporting of gifts to immediate family members, changes lobbyist reporting from annual to semiannual, and establishes the Virginia Conflict of Interest and Ethics Advisory Council, a newly created legislative agency tasked with facilitating compliance with the state’s ethics laws. The bill passed the Senate on February 10 and the House of Delegates with a substitution and amendments on February 26, but the Senate rejected the House’s amended bill on February 28.

While it remains to be seen whether the General Assembly will pass ethics reform before it adjourns on March 8, newly sworn-in Gov. Terry McAuliffe took swift action to ensure his administration would not face the same ethical issues as McDonnell’s had. On his first day as governor, McAuliffe signed Executive Order 2, which prohibits the acceptance of gifts in the executive branch exceeding $100 per calendar year. The order became effective immediately upon his signature. Gifts from lobbyists and principals are now restricted to $25. The order does allow for some exceptions, such as excluding items of $25 or less from the definition of gift. It also allows the receipt of certain items while engaging in an activity serving a legitimate public purpose, such as food and refreshments served at certain events.

Comprehensive ethics reform has advanced through the House of Delegates. Senate Bill 649 was passed by the House on February 26 with a committee substitute.

The passed bill included an amendment prohibiting the governor and attorney general from accepting tangible gifts from representatives of companies engaged in litigation with the state. The amendment stems from former Attorney General Ken Cuccinelli’s acceptance of Thanksgiving dinner from Star Scientific CEO Jonnie Williams, and is designed to prohibit such conduct.

The Senate bill and a similar House proposal will likely be worked into one broad ethics proposal in conference committee before heading to Governor Terry McAuliffe for his signature.

Photo of the Virginia Capitol Rotunda courtesy of Albert Herring on Wikimedia Commons.

Terry McAuliffe was sworn in as Governor of Virginia this weekend, and already he is making ethics a priority for his administration. Executive Order 2 establishes a gift limit for all executive branch officials and employees, prohibiting acceptance of gifts exceeding $100 per calendar year. Gifts from lobbyists and principals are restricted to $25.

The order does allow for some exceptions, such as excluding items of $25 or less from the definition of gift, and allowing for receipt of certain items while engaging in an activity serving a legitimate public purpose, such as food and refreshments served at certain events.

These restrictions became effective upon his signature on January 11, 2014.

The full text of Executive Order 2 can be viewed here.

Photo of Gov. Terry McAuliffe by Edward Kimmel on Wikimedia Commons.

The Virginia General Assembly may be taking steps toward substantive ethics reform in its upcoming session. Ethics bills have already been prefiled in anticipation of the session’s start on January 8, most notably Senate Bill 274, limiting gifts to officers and employees of the state and local governments to $100 per calendar year, and requiring disclosure of gifts to immediate family members.

Virginia does not currently limit the amount of gifts officials and employees may receive, and many called for reform after Gov. Bob McDonnell became embroiled in scandal after accepting thousands of dollars worth of gifts from Star Scientific CEO Jonnie Williams. Williams had also made gifts to McDonnell’s wife and daughters, prompting the addition of disclosure requirements to immediate family members.

Photo of the Virginia Capitol courtesy of Varmin on Wikimedia Commons.

The inauguration for Virginia Governor-Elect Terry McAuliffe will be held Saturday, January 11, 2014 in Capitol Square in Richmond Virginia. The day will begin with a prayer breakfast, followed by the inauguration ceremony, parade, executive mansion open house, and the Richmond Inaugural Ball. More information is available at http://www.inauguration2014.com/.

Virginia does not place any limits on the source or amount of political contributions or gifts, including to inaugural committees. Contributions to inaugural committees are not required to be reported on lobbying reports.

Photo of Virginia Governor-Elect Terry McAuliffe courtesy of Edward Kimmel on Wikimedia Commons.

Another Virginia special election has been scheduled for January 7, 2014.

The seat in Senate District 6 will be vacated when Sen. Ralph Northam becomes lieutenant governor.

One Virginia special election has been scheduled and another may be on the horizon. Governor Bob McDonnell set the special election to replace Del. Onzlee Ware in House District 11 for January 7.

Another election could follow soon after to replace attorney general-elect Mark Herring, currently serving as senator for the 33rd District. Although the State Board of Elections declared Sen. Herring the winner, a recount was requested by his opponent, Sen. Mark Obenshain. The recount is expected to be completed sometime in December.

A special election is expected to be announced soon for House District 11. Rep. Onzlee Ware just won reelection to his sixth term in the seat, but plans to resign to care for his ill mother.

The election could come before the start of the legislative session, but 45 days must elapse between the governor’s announcement of the election and the election date. No announcement of an election date has yet been made.

Governor McDonnell announced a special election will be held for Senate District 14 on August 6, 2013. It will fill the seat held by Harry Blevins, who plans to retire for unspecified health reasons on August 5.

Delegate John Cosgrove, who succeeded Senator Blevins in the House of Delegates, has already announced his candidacy for the seat.

The General Assembly reconvened for a one-day session on April 3, 2013, to consider the governor’s vetoes and amendments.

Up for consideration were 80 bills for which Governor McDonnell offered amendments, including the state’s landmark transportation bill, and six vetoed bills.

The General Assembly accepted a number of the governor’s amendments to the transportation bill, including a reduction of fees on alternative-fuel vehicles and a reduction of lodging and vehicle-titling taxes.

Photo of the Virginia State Capitol by Anderskev on Wikipedia.

The General Assembly adjourned sine die on February 23, 2013.

A reconvened session is scheduled to begin April 3, 2013.

Governor Bob McDonnell has set a special election for December 18, 2012 to fill the 89th District House of Delegates seat.

The seat was held by Delegate Kenneth Alexander, who ran unopposed for the state senate seat previously held by the late Senator Yvonne Miller.

Governor Bob McDonnell has set September 4, 2012 as the date of a special election to fill the seats for Senate District 5 and House District 45. The District 5 seat was previously held by the late Senator Yvonne Miller, who passed away July 3, 2012. The District 45 seat is currently held by Delegate David Englin, who announced his resignation effective August 31, 2012.

Governor McDonnell stated in his press release that the timing of the special election will allow the new senator and delegate adequate time to prepare for the 2013 legislative session, as well as allow time to hold a subsequent special election if needed.