A. Neither the Governor, his political action committee, or the Governor's Secretaries, if the Secretary is responsible to the Governor for an executive branch agency with jurisdiction over the matters at issue, shall knowingly solicit or accept a contribution, gift, or other item with a value greater than $50 from any bidder, offeror, or private entity, or from an officer or director of such bidder, offeror, or private entity, who has submitted a bid or proposal to an executive branch agency that is directly responsible to the Governor pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.), the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.), or the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.)(i) during the period between the submission of the bid and the award of the public contract under the Virginia Public Procurement Act or (ii) following the submission of a proposal under the Public-Private Transportation Act of 1995 or the Public-Private Education Facilities and Infrastructure Act of 2002 until the execution of a comprehensive agreement thereunder.
B. The provisions of this section shall apply only for public contracts, proposals, or comprehensive agreements where the stated or expected value of the contract is $5 million or more. The provisions of this section shall not apply to contracts awarded as the result of competitive sealed bidding as set forth in § 2.2-4302.1.
C. Any person who knowingly violates this section shall be subject to a civil penalty of $500 or up to two times the amount of the contribution or gift, whichever is greater, and the contribution, gift, or other item shall be returned to the donor. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalties. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund and shall be used exclusively to fund the Council.
2010, c. 732; 2011, c. 624; 2013, c. 583; 2015, cc. 763, 777; 2016, c. 641.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 31 - State and Local Government Conflict of Interests Act
§ 2.2-3100. Policy; application; construction
§ 2.2-3100.1. Copy of chapter; review by officers and employees
§ 2.2-3103. Prohibited conduct
§ 2.2-3103.1. Certain gifts prohibited
§ 2.2-3104. Prohibited conduct for certain officers and employees of state government
§ 2.2-3104.02. Prohibited conduct for constitutional officers
§ 2.2-3104.1. Exclusion of certain awards from scope of chapter
§ 2.2-3104.2. Ordinance regulating receipt of gifts
§ 2.2-3108. Prohibited contracts by members of school boards
§ 2.2-3109. Prohibited contracts by other officers and employees of local governmental agencies
§ 2.2-3110. Further exceptions
§ 2.2-3112. Prohibited conduct concerning personal interest in a transaction; exceptions
§ 2.2-3114. Disclosure by state officers and employees
§ 2.2-3114.1. Filings of statements of economic interests by General Assembly members
§ 2.2-3114.2. Report of gifts by certain officers and employees of state government
§ 2.2-3115. Disclosure by local government officers and employees
§ 2.2-3116. Disclosure by certain constitutional officers
§ 2.2-3118. Disclosure form; certain citizen members
§ 2.2-3118.2. Disclosure form; filing requirements
§ 2.2-3120. Knowing violation of chapter a misdemeanor
§ 2.2-3122. Knowing violation of chapter constitutes malfeasance in office or employment
§ 2.2-3123. Invalidation of contract; recision of sales
§ 2.2-3124. Civil penalty from violation of this chapter
§ 2.2-3125. Limitation of actions
§ 2.2-3128. Semiannual orientation course
§ 2.2-3129. Records of attendance
§ 2.2-3130. Attendance requirements
§ 2.2-3132. Training on prohibited conduct and conflicts of interest