Further exceptions (§ 30-106)—Virginia Decoded

Further exceptions

A. The provisions of § 30-105 shall not apply to:

1. The sale, lease or exchange of real property between a legislator and a governmental agency, provided the legislator does not participate in any way as a legislator in such sale, lease or exchange, and this fact is set forth as a matter of public record by the governing body of the governmental agency or by the administrative head thereof. The legislator shall disclose any lease with a state governmental agency in his statement of economic interests as provided in § 30-111;

2. The publication of official notices;

3. A legislator whose sole personal interest in a contract with an agency of the legislative branch is by reason of income from the contracting firm or General Assembly in excess of $ 10,000 per year, provided the legislator or member of his immediate family does not participate and has no authority to participate in the procurement or letting of the contract on behalf of the contracting firm and the legislator either does not have authority to participate in the procurement or letting of the contract on behalf of the agency or he disqualifies himself as a matter of public record and does not participate on behalf of the agency in negotiating the contract or in approving the contract;

4. Contracts between a legislator’s governmental agency and a public service corporation, financial institution, or company furnishing public utilities in which the legislator has a personal interest, provided he disqualifies himself as a matter of public record and does not participate on behalf of the agency in negotiating the contract or in approving the contract;

5. Contracts for the purchase of goods or services when the contract does not exceed $ 500; or

6. Grants or other payments under any program wherein uniform rates for, or the amounts paid to, all qualified applicants are established solely by the administering governmental agency.

B. Neither the provisions of this chapter nor, unless expressly provided otherwise, any amendments thereto shall apply to those employment contracts or renewals thereof or to any other contracts entered into prior to August 1, 1987, which were in compliance with either the former Virginia Conflict of Interests Act, Chapter 22 (§ 2.1-347 et seq.) or the former Comprehensive Conflict of Interests Act, Chapter 40 (§ 2.1-599 et seq.) of Title 2.1 at the time of their formation and thereafter. Those contracts shall continue to be governed by the provisions of the appropriate prior Act. Notwithstanding the provisions of subdivision (f) (4) of former § 2.1-348 of Chapter 22 of Title 2.1 in effect prior to July 1, 1983, the employment by the same governmental agency of a legislator and spouse or any other relative residing in the same household shall not be deemed to create a material financial interest except when one of such persons is employed in a direct supervisory or administrative position, or both, with respect to such spouse or other relative residing in his household, and the annual salary of such subordinate is $ 15,000 or more.

History

1987, Sp. Sess., c. 1, § 2.1-639.36; 1994, c. 735; 2001, c. 844.

Download

Court Decisions

McDaniels v. Mehfoud (District Court, E.D. Virginia, 12/30/88)
. . . 1982 amendment in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). In . . .

. . . Barney K. Huang v. The Board of Governors of the University . . . (Court of Appeals for the Fourth Circuit, 06/12/90)
. . . the Constitution. See Ewing, 474 U.S. at 229-30, 106 S.Ct. at 515-16 (Powell, J., concurring) . . .

. . . United States v. Howard Anthony Riley, A/K/A Howie, United . . . (Court of Appeals for the Fourth Circuit, 04/19/93)
. . . Henderson v. United States, 476 U.S. 321, 329-30, 106 S.Ct. 1871, 1876, 90 L.Ed.2d 299 (1986); . . .

. . . Andrew J. McGhee Lacy Joyner Darryl Moss Eugene Fields . . . (Court of Appeals for the Fourth Circuit, 10/21/88)
. . . amended Sec. 2, in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). After . . .

. . . Charles White George R. Smith and James A. Smith, Jr. v. . . . (Court of Appeals for the Fourth Circuit, 08/16/90)
. . . framework set forth in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986),2 the . . .

Leroy A. Lovelace v. Jack Lee Gene Shinault K. Lester (Court of Appeals for the Fourth Circuit, 12/29/06)
. . . state-of-mind requirement. See Daniels, 474 U.S. at 329-30, 106 S.Ct. 662. Section 1983's . . .

. . . Herbert M. Collins H. Marks S. Richard Barbara C. Parham . . . (Court of Appeals for the Fourth Circuit, 09/27/89)
. . . in the light of Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986).2 Finding . . .

. . . Joan Hall Richard Pruitt Thomasina Pruitt Vivian Curry . . . (Court of Appeals for the Fourth Circuit, 09/22/04)
. . . Supreme Court in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). The . . .

McDaniel v. Mehfoud (District Court, E.D. Virginia, 03/17/89)
. . . requirements set forth in Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986), . . .

. . . Ernestine Lewis Sylvester J. Lewis, and Minnetta E. Hill v. . . . (Court of Appeals for the Fourth Circuit, 11/04/96)
. . . as required by Thornburg v. Gingles, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). For the . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.