Virginia HB 990: Virginia Conflict of Interest and Ethics Advisory Council; deadline extensions.

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Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18103165D

HOUSE BILL NO. 990 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact � 30-356.2 of the Code of 
 Virginia, relating to the Virginia Conflict of Interest and Ethics Advisory 
 Council; deadline extensions. 
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Patron-- Gilbert 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 30-356.2 of the Code of Virginia is amended and 
 reenacted as follows:

� 30-356.2. Right to grant extensions in special 
 circumstances; civil penalty.

A. Notwithstanding any other provision of law, any person 
 required to file the disclosure form prescribed in Article 3 or the Acts shall 
 be entitled to an extension where good cause for granting such an extension has 
 been shown, as determined by the Council. Good cause shall include:

1. The death of a relative of the filer, as relative is 
 defined in the definition of "gift" in Article 3 or the Acts.

2. A state of emergency is declared by the Governor pursuant 
 to Chapter 3.2 (� 44-146.13 et seq.) of Title 44 or declared by the President 
 of the United States or the governor of another state pursuant to law and 
 confirmed by the Governor by an executive order, and such an emergency 
 interferes with the timely filing of disclosure forms. The extension shall be 
 granted only for those filers in areas affected by such emergency.

3. The filer is a member of a uniformed service of the United 
 States and is on active duty on the date of the filing deadline.

4. A failure of the electronic filing system and the failure 
 of such system prevents the timely filing of disclosure forms.

B. For any person who is unable to timely file the disclosure 
 form prescribed in the Acts due to the disclosure form not being made available 
 to him until after the deadline has passed, the Council shall grant such person 
 a five-day extension upon request. The head of the agency for which the person 
 works or the clerk of the school board or governing body of the locality that 
 was responsible for providing the disclosure form to such person shall be 
 assessed a civil penalty in the amount equal to $250, to be collected in 
 accordance with the procedure set forth in subsection B of � 2.2-3124. If the 
 disclosure form is provided to the person within three days prior to the filing 
 deadline, the Council shall grant such person a three-day extension upon 
 request and no civil penalties shall be assessed against the head of such 
 person's agency or the clerk.

C. The provisions of 
 this section shall not apply to any statement of economic interests filed 
 as a requirement of candidacy pursuant 
 to � 24.2-502.