Virginia 2022 Regular Session Status: Passed Senate

SB 463 — Campaign finance; prohibited personal use of campaign funds, review of complaints, civil penalty.

Last action — Left in Privileges and Elections

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Campaign finance; prohibited personal use of campaign funds, complaints, hearings, civil penalty. Prohibits any person from converting contributions to a candidate or a candidate's campaign committee for his personal use. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but excepts from "personal use" the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's child care expenses that are incurred as a direct result of campaign activity. Any person subject to the personal use ban may request an advisory opinion from the State Board of Elections on such matters. The bill directs the State Board of Elections to provide an updated summary of Virginia campaign finance law that reflects the Attorney General's opinion and any regulations promulgated by the State Board of Elections.

Bill Text

What changed in the latest version

487 added · 489 removed

Plain-language change summary

The new version of SB 463 adds specific language regarding the conditions under which public bodies can hold closed meetings, particularly focusing on discussions involving teachers and students. It clarifies that teachers can be present during certain disciplinary discussions if they request to attend and if a student involved is also present. This change aims to ensure transparency in such discussions while allowing for the involvement of the teacher directly affected by the disciplinary matter.

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SESSION INTRODUCED 22102785D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 22106238D SENATE BILL NO.
463 Offered January 12, 2022 N Prefiled January 11, 2022 T A BILL to amend and reenact §§ 2.2-3711, 24.2-946, and 24.2-948.4 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 9.3 of Title 24.2 sections numbRred use of campaign funds;
463 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections on February 8, 2022) (Patron Prior to Substitute––Senator Bell) A BILL to amend and reenact §§ 2.2-3711, 24.2-946, and 24.2-948.4 of the Code of Virginia and to 24.2-948.5, 24.2-948.6, and 24.2-948.7, relating to relating to campaign finance;
complaints, hearings, civil penalty, and advisory opinions.prohibitedOpersonal –––––––––– Patron––Bell D –––––––––– U Referred to Committee on Privileges and Elections –––––––––– C Be it enacted by the General Assembly of Virginia:
prohibited personal use of campaign funds;
E 1.
complaints, hearings, civil penalty, and advisory opinions.
That §§ 2.2-3711, 24.2-946, and 24.2-948.4 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 3 of Chapter 9.3 of Title 24.2 D sec§ 2.2-3711.
Be it enacted by the General Assembly of Virginia:
1.
That §§ 2.2-3711, 24.2-946, and 24.2-948.4 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 3 of Chapter 9.3 of Title 24.2 sec§ 2.2-3711.
A.
S A.
and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals.
and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve during a closed meeting in which there is a discussion or consideration of a disciplinary matter that involves the teacher and some student and the student involved in the matter is present, providTd the teacher makes a written request to be present to the presiding officer of the appropriate board.
Any teacher shall be permitted to be preSent during a closed meeting in which there is a discussion or consideration of a disciplinary matte4 that involves the teacher and some student and the student involved in the matter is present, provid3d the teacher makes a written request to be present to the presiding officer of the appropriate board.
Nothing in this subdivision, however, shall be construed to authorize a closed meeting by a local goverEing body or an elected school board to discuss compensation matters that affect the membership of such body or board collectively.
Nothing or an elected school board to discuss compensation matters that affect the membership of such body orody board collectively.
involve the disclosure of information contained in a scholastic record concerning any student of anyld public institution of higher education in the Commonwealth or any state school system.
2.
However, any such student, legal counsel and, if the student is a minor, the student's parents or legal guarUians shall be permitted to be present during the taking of testimony or presentation of evidence at a closBd meeting, if such student, parents, or guardians so request in writing and such request is submitted to the pre3.
Discussion or consideration of admission or disciplinary matters or any other matters that would involve the disclosure of information contained in a scholastic record concerning any student of any public institution of higher education in the Commonwealth or any state school system.
Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.
However, any such student, legal counsel and, if the student is a minor, the student's parents or legal guardians shall be permitted to be present during the taking of testimony or presentation of evidence at a closed 34 meeting, if such student, parents, or guardians so request in writing and such request is submitted to the 35 presiding officer of the appropriate board.
37 4.
37 disposition of publicly held real property, where discussion in an open meeting would adversely affect 38 the bargaining position or negotiating strategy of the public body.
39 4.
5.
/ 38 5.
Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community.
Discussion concerning a prospective business or industry or the expansion of an existing Tusiness 39 or industry where no previous announcement has been made of the business' or industry's interesU in loc6.
6.
or probable litigation, where such consultation or briefing in open meeting would adversely affect theal negotiating or litigating posture of the public body.
E 7.
For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party.
Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party.
Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel.
Consultation with legal counsel employed or retained by a public body regarding specific Segal matters requiring the provision of legal advice by such counsel.
Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in 9.
Nothing in this subdivision sh4ll be in attendance or is consulted on a matter.ng merely because an attorney representing the public3body is 9.
Discussion or consideration by governing boards of public institutions of higher education of matters relating to gifts, bequests and fund-raising activities, and of grants and contracts for services or SB463 2 of 9 work to be performed by such institution.
Discussion or consideration by governing boards of public institutions of higher education of matters relating to gifts, bequests and fund-raising activities, and of grants and contracts for services or work to be performed by such institution.
However, the terms and conditions of any such gifts, bequests, grants, and contracts made by a foreign government, a foreign legal entity, or a foreign person and accepted by a public institution of higher education in the Commonwealth shall be subject to public disclosure upon written request to the appropriate board of visitors.
However, the terms and conditions of any such gifts, bequests, grants, and contracts made by a foreign government, a foreign legal entity, or a foreign person and accepted by a public institution of higher education in the Commonwealth shall be subject to public SB463S1 2 of 9 disclosure upon written request to the appropriate board of visitors.
Discussion by the Board of the Virginia Retirement System, acting pursuant to § 51.1-124.30, or of any local retirement system, acting pursuant to § 51.1-803, or by a local finance board or board of trustees of a trust established by one or more local public bodies to invest funds for postemployment benefits other than pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of visitors of the University of Virginia, acting pursuant to § 23.1-2210, or by the Board of the Virginia College Savings Plan, acting pursuant to § 23.1-706, regarding the acquisition, holding or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, to the extent that such discussion (i) concerns confidential analyses prepared for the board of visitors of the University of Virginia, prepared by the retirement system, or a local finance board or board of trustees, or the Virginia College Savings Plan or provided to the retirement system, a local finance board or board of trustees, or of 9 the Virginia College Savings Plan under a promise of confidentiality, of the future value of such ownership interest or the future financial performance of the entity, and (ii) would have an adIerse effect on the value of the investment to be acquired, held, or disposed of by the retirement syNtem, a Virginia College Savings Plan.
Discussion by the Board of the Virginia Retirement System, acting pursuant to § 51.1-124.30, or of any local retirement system, acting pursuant to § 51.1-803, or by a local finance board or board of trustees of a trust established by one or more local public bodies to invest funds for postemployment benefits other than pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of visitors of the University of Virginia, acting pursuant to § 23.1-2210, or by the Board of the Virginia College Savings Plan, acting pursuant to § 23.1-706, regarding the acquisition, holding or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, to the extent that such discussion (i) concerns confidential analyses prepared for the board of visitors of the University of Virginia, prepared by the retirement system, or a local finance board or board of trustees, or the Virginia College Savings Plan or provided to the retirement system, a local finance board or board of trustees, or the Virginia College Savings Plan under a promise of confidentiality, of the future value of such ownership interest or the future financial performance of the entity, and (ii) would have an adverse effect on the value of the investment to be acquired, held, or disposed of by the retirement system, a of 9 Virginia College Savings Plan.
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Those portions of meetings in which individual child death cases are discussed by the State Child Fatality Review Team established pursuant to § 32.1-283.1, those portions of meetings in which O individual child death cases are discussed by a regional or local child fatality review team esDablished pursuant to § 32.1-283.2, those portions of meetings in which individual death cases are discussed by which individual adult death cases are discussed by the state Adult Fatality Review Team establishedgs in pursuant to § 32.1-283.5, those portions of meetings in which individual adult death cases are discussed by a local or regional adult fatality review team established pursuant to § 32.1-283.6, those pErtions of meetings in which individual death cases are discussed by overdose fatality review teams established pursuant to § 32.1-283.7, those portions of meetings in which individual maternal death cases are discussed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and those portions of meetings in which individual death cases of persons with developmental disabilities are discussed by the Dev22.
Those portions of meetings in which individual child death cases are discussed by the State Child Fatality Review Team established pursuant to § 32.1-283.1, those portions of meetings in which pursuant to § 32.1-283.2, those portions of meetings in which individual death cases are discussed byhed family violence fatality review teams established pursuant to § 32.1-283.3, those portions of meetings in which individual adult death cases are discussed by the state Adult Fatality Review Team established pursuant to § 32.1-283.5, those portions of meetings in which individual adult death cases are discussed by a local or regional adult fatality review team established pursuant to § 32.1-283.6, those portions of pursuant to § 32.1-283.7, those portions of meetings in which individual maternal death cases arehed discussed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and those portions of meetings in which individual death cases of persons with developmental disabilities are discussed by the Developmental Disabilities Mortality Review Committee established pursuant to § 37.2-314.1.
Those portions of meetings of the board of visitors of the University of Virginia or the Eastern Virginia Medical School Board of Visitors, as the case may be, and those portions of meetings of any persons to whom management responsibilities for the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, have been delegated, in which there is discussed proprietary, business-related information pertaining to the operations of the University of VirSinia Medical Center or Eastern Virginia Medical School, as the case may be, including business devel4pment or marketing strategies and activities with existing or future joint venturers, partners, or ot3er parties may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would adversely affect the competitive position of the Medical Center or Eastern Virginia Medical School, as the case may be.
22.
Those portions of meetings of the board of visitors of the University of Virginia or the Eastern persons to whom management responsibilities for the University of Virginia Medical Center or EaNtern Virginia Medical School, as the case may be, have been delegated, in which there is discussed proprietary, business-related information pertaining to the operations of the University of VirAinia Medical Center or Eastern Virginia Medical School, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or otTer parties may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would adversely affect the competitive position of the Medical Center or Eastern Virginia Medical School, as the case may be.
the acquisition or disposition by the Authority of real property, equipment, or technology software or hardware and related goods or services, where disclosure would adversely affect the bargaining position or negotiating Authority;
the acquiSition or goods or services, where disclosure would adversely affect the bargaining position or negotiatingrelated strategy of the Authority;
matters relating to gifts or bequests to, and fund-raising activities of, the Authority;
marketing or, the operational strategies plans of the Authority where disclosure of such strategies or plans would adversely affect the competitive position of the Authority;
marketing or operational strategies plans of the Authority where disclosure of such strategies or plans woulS adversely affect the competitive position of the Authority;
and members of the Authority's medical and teaching staffs and qualifications for appointments thereto.
and members of the Authority's medical and teaching sta24.
24.
personal information, as defined in § 2.2-3801, which has been provided to the Board or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts or savings trust account agreements pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1 is discussed.
T 25.
26.
Meetings or portions of meetings of the Board of the Virginia College Savings Plan wherein personal information, as defined in § 2.2-3801, which has been provided to the Board or its employees prepaid tuition contracts or savings trust account agreements pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1 is discussed.
E 26.
Professional and Occupational Regulation, Department of Health Professions, or the Board ofment of Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which the board deliberates to reach a decision or meetings of health regulatory boards or conference committees of such boards to consider settlement proposals in pending disciplinary actions or modifications to previously issued board orders as requested by either of the parties.
Professional and Occupational Regulation, Department of Health Professions, or the Board ofment of Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which the board deliberates to reach a decision or meetings of health regulatory boards or conference committees of such boards to consider settlement proposals in pending disciplinary actions or modifications to previously issued boarS orders as requested by either of the parties.
28.
4 § 2.2-3705.6 by a responsible public entity or an affected locality or public entity, as those terms are defined in § 33.2-1800, or any independent review panel appointed to review information and adv1se the responsible public entity concerning such records.
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Discussion or consideration of information subject to the exclusion in subdivision 11 of § 2.2-3705.6 by a responsible public entity or an affected locality or public entity, as those terms are the responsible public entity concerning such records.l appointed to review information and advise SB463 4 of 9 29.
29.
Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body.
Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of SB463S1 4 of 9 the public body.
This exclusion shall not apply to the discussion or consideration of records that contain information that has been certified for release by the person who is the subject of the information or transformed into a statistical or aggregate form that does not allow identification of of 9 the person who supplied, or is the subject of, the information.
This exclusion shall not apply to the discussion or consideration of records that contain information that has been certified for release by the person who is the subject of the information or transformed into a statistical or aggregate form that does not allow identification of the person who supplied, or is the subject of, the information.
Discussion or consideration by the Board of Directors of the Virginia Alcoholic BeverageIControl Authority of information subject to the exclusion in subdivision 1 of § 2.2-3705.3 related to N inv47.
Discussion or consideration by the Board of Directors of the Virginia Alcoholic Beverage Control Authority of information subject to the exclusion in subdivision 1 of § 2.2-3705.3 related to of 9 inv47.
R 48.
48.
Discussion or development of grant proposals by a regional council established pursuant to Article 26 (§ 2.2-2484 et seq.) of Chapter 24 to be submitted for consideration to the Virginia Growth and Opportunity Board.
Discussion or development of grant proposals by a regional council established pursuant to Article 26 (§ 2.2-2484 et seq.) of Chapter 24 to be submitted for consideration to the Virginia Growth and49.
D 49.
Discussion or consideration of (i) individual sexual assault cases by a sexual assault response team established pursuant to § 15.2-1627.4, (ii) individual child abuse or neglect cases or sex offenses involving a child by a child sexual abuse response team established pursuant to § 15.2-1627.5, or (iii) individual cases involving abuse, neglect, or exploitation of adults as defined in § 63.2-1603 pursuant to §§ 15.2-1627.5 and 63.2-1605.
Discussion or consideration of (i) individual sexual assault cases by a sexual assault response involving a child by a child sexual abuse response team established pursuant to § 15.2-1627.5, or (iii)s individual cases involving abuse, neglect, or exploitation of adults as defined in § 63.2-1603 pursuant to §§ 15.2-1627.5 and 63.2-1605.
Authority, the Joint Legislative Audit and Review Commission, or any subcommittees thereof, of the portions of the strategic plan, marketing plan, or operational plan exempt from disclosure pursuant to subdivision 33 of § 2.2-3705.7.
E 50.
S 51.
Discussion or consideration by the Board of the Virginia Economic Development Partnership Authority, the Joint Legislative Audit and Review Commission, or any subcommittees thereof, of the portions of the strategic plan, marketing plan, or operational plan exempt from disclosure pursuant to subdivision 33 of § 2.2-3705.7.
Those portions of meetings of the subcommittee of the Board of the Virginia Economic Development Partnership Authority established pursuant to subsection F of § 2.2-2237.3 to review and § 60.2-114.ormation received from the Virginia Employment Commission pursuant to subdivision C N of 52.
Development Partnership Authority established pursuant to subsection F of § 2.2-2237.3 to review and discuss information received from the Virginia Employment Commission pursuant to subdivision C 2 of § 60.2-114.
Discussion or consideration by the Commonwealth of Virginia Innovation Partnership Authority (the Authority), an advisory committee of the Authority, or any other entity designated by the Authority, of information subject to the exclusion in subdivision 35 of § 2.2-3705.7.
52.
53.
Discussion or consideration by the Commonwealth of Virginia Innovation Partnership Authority (the Authority), an advisory committee of the Authority, or any other entity designated by the Suthority, of information subject to the exclusion in subdivision 35 of § 2.2-3705.7.
Deliberations of the Virginia Lottery Board conducted pursuant to § 58.1-4105 regarding The revocation of any license or permit related to casino gaming, and discussion, consideration, or review of matters related to investigations excluded from mandatory disclosure under subdivision 1 of E § 2.2-3705.3.
4 53.
Deliberations of the Virginia Lottery Board conducted pursuant to § 58.1-4105 regarding 3he revocation of any license or permit related to casino gaming, and discussion, consideration, or review of matters related to investigations excluded from mandatory disclosure under subdivision 1 of § 2.2-3705.3.
Deliberations of the Virginia Lottery Board in an appeal conducted pursuant to § 58.1-4007 regarding the denial of, revocation of, suspension of, or refusal to renew any license or permit related to sports betting and any discussion, consideration, or review of matters related to investigations excluded from mandatory disclosure under subdivision 1 of § 2.2-3705.3.
Deliberations of the Virginia Lottery Board in an appeal conducted pursuant to § 58.1-4007 regarding the denial of, revocation of, suspension of, or refusal to renew any license or permiS related to from mandatory disclosure under subdivision 1 of § 2.2-3705.3.
closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, or motion that shall have its substance reasonably identified in the open meeting.
matters related to investigations excluded B.
C.
No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed to in a closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulStion, or motion that shall have its substance reasonably identified in the open meeting.
Public officers improperly selected due to the failure of the public body to comply with the other provisions of this section shall be de facto officers and, as such, their official actions are valid until they obtain notice of the legal defect in their election.
provisions of this section shall be de facto officers and, as such, their official actions are valid until they obtain notice of the legal defect in their election.
D.
I D.
Nothing in this section shall be construed to prevent the holding of conferences between two or procedures for holding closed meetings as are applicable to any other public body.ct to the same E.
Nothing in this section shall be construed to prevent the holding of conferences between Two or more public bodies, or their representatives, but these conferences shall be subject to the same procedures for holding closed meetings as are applicable to any other public body.
This section shall not be construed to (i) require the disclosure of any contract between the Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies.
U Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority creEted pursuant to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies.
The State Board shall summarize the provisions of the election laws relating to the Campaign Finance Disclosure Act of 2006 and provide for distribution of this summary and prescribed forms to each candidate, person, or committee on request or upon their first filing with the State Board pursuant to this chapter, whichever occurs first.
The State Board shall summarize the provisions of the election laws relating to the Campaign Finance Disclosure Act of 2006 and provide for distribution of this summary and prescribed formS to each candidate, person, or committee on request or upon their first filing with the State Board4pursuant to B.
B.
The State Board shall designate the forms required for complying with this chapter which shall be the only such forms used in complying with the provisions of this chapter.
The State Board shall designate the forms required for complying with this chapter which shall be theC.
1 C.
The State Board shall provide, with the summary required by this section, instructions for persons SB463 6 of 9 filing reports pursuant to this chapter to assist them in completing the reports.
The State Board shall provide, with the summary required by this section, instructions for persons filing reports pursuant to this chapter to assist them in completing the reports.
The State Board shall provide instructions for candidates who seek election for successive terms in the same office for the filing of reports within each appropriate election cycle for the office and for the aggregation of contributions within each election cycle.
The State Board shall provide instructions for candidates who seek election for successive terms SB463S1 6 of 9 in the same office for the filing of reports within each appropriate election cycle for the office and for the aggregation of contributions within each election cycle.
For child care expenses that are incurred as a direct result of the persons seeking, holding, or maintaining public office.
For dependent care expenses that are incurred as a direct result of the persons seeking, holding, or maintaining public office.
For professional development as it relates to campaign and legislative training.
8.
A clothing purchase.
A non-campaign-related automobile expense.
3 A non-campaign-related automobile expense.
3.
of 9 4.
5.
4.
I 6.
5.
A household food item.
Admission to a sporting event, concert, theater, or other form of entertainment not associated with of 9 an 6.
N 8.
Admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign.
T 9.
R § 24.2-948.6.
§ 24.2-948.6.
O A.
A.
A person who believes a violation of § 24.2-948.5 has occurred and (i) contributes to a cDndidate or a candidate's campaign committee that has allegedly committed the violation or (ii) is qualified to with the Department of Elections.
A person who believes a violation of § 24.2-948.5 has occurred and (i) contributes to a candidate or a candidate's campaign committee that has allegedly committed the violation or (ii) is qualified to with the Department of Elections.
Such complaint shall be in writing on a form provided by the Uomplaint Department, signed and sworn to by the person filing such complaint, notarized, and made under C penalty of perjury and subject to the provisions of § 24.2-1016.
Such complaint shall be in writing on a form provided by the complaint Department, signed and sworn to by the person filing such complaint, notarized, and made under penalty of perjury and subject to the provisions of § 24.2-1016.
The complaint shall clearly idEntify the complainant and the person against whom the complaint is addressed (the respondent) and contain (a) a credible allegation of a violation of § 24.2-948.5 with regard to a specific use of campaign contributions by the candidate or campaign committee, (b) attached documentation supporting the allegation, (c) the names and contact information of any person the complainant knows to have knowledge of facts relating provide a copy of the complaint to the respondent within 24 hours of receipt.
The complaint shall clearly identify the complainant and the person against whom the complaint is addressed (the respondent) and contain (a) a credible allegation of a violation of § 24.2-948.5 with regard to a specific use of campaign contributions names and contact information of any person the complainant knows to have knowledge of facts relating to the allegation, and (d) any other information required by the Department.
The Department shall complete its review of such complaints and, within 10 days, transmit to the State Board any credible and complete complaint from a qualified complainant and send written notice to the complainant and respondent of the Department's ultimate determination of the complaint's disposition.
The Department shall provide a copy of the complaint to the respondent within 24 hours of receipt.
The State Board shall not act upon any complaint that does not meet the requirements of this subsection but shaSl be authorized to initiate an inquiry upon its own motion.
The Department shall complete its review of such complaints and, within 10 days, transmit to the State Board any credible and complete complaint from a qualified complainant and send written notice to the complainant and shall not act upon any complaint that does not meet the requirements of this subsection but shaNl bed authorized to initiate an inquiry upon its own motion.
4 B.
B.
Upon receipt of a complaint or upon its own motion, the State Board shall conduct a preli3inary investigation shall be conducted in closed meetings held pursuant to § 2.2-3711.
Upon receipt of a complaint or upon its own motion, the State Board shall conduct a preliAinary investigation into the specific use of campaign contributions by the candidate.
The State Board shall determine, during its preliminary investigation, whether the facts stated in the complaint or that serve as the basis of the State Board's motion taken as true are sufficient to show a violation of § 24.2-948.5.
Such preliminary investigation shall be conducted in closed meetings held pursuant to § 2.2-3711.
If such facts fail to give rise to such a violation, then the State Board shall dismiss the complaint.
The State BoarT shall the basis of the State Board's motion taken as true are sufficient to show a violation of § 24.2-948.5.
Ifs such facts fail to give rise to such a violation, then the State Board shall dismiss the complaint.
If the inquiry was initiated by the State Board's own motion, the State Board may request that witnesses appear and testify under oath as to The State Board shall notify the respondent that a preliminary investigation has commenced within 24 hours of initiating such investigation.
If the inquiry was initiated by the State Board's own motion, the State Board may request that witnesses appear and testify under oSth as to The State Board shall notify the respondent that a preliminary investigation has commenced within 24 hours of initiating such investigation.
Before the State Board conducts any vote on the complaint, other than a vote to dismiss, the respondent shall have 30 days to provide to the State Board documentation or other evidence that no action should be taken against the respondent on the basis of the complaint or the allegations brought by the State Board.
Before the State Board conducts any vote on the complaint, other than a vote to dismiss, the respondent shall have 30 days to provide to the State Board B documentation or other evidence that no action should be taken against the respondent on the baSis of the complaint or the allegations brought by the State Board.
If the respondent provides such documentation or such other evidence, the State Board shall review the response and determine whether to proceed with the inquiry.
If the respondent provides such to proceed with the inquiry.evidence, the State Board shall review the response and determine wTether After hearing testimony and reviewing any other evidence provided by the complainant, witnesses, or the respondent, the State Board shall dismiss the complaint if the State Board fails to find byTa preponderance of the evidence that such violation has occurred.
the respondent, the State Board shall dismiss the complaint if the State Board fails to find by as, or preponderance of the evidence that such violation has occurred.
If at any point prior to the State Board's call for a public hearing on the matter the respondent pays back to the campaign committee from his personal funds the amount that was allegedly converted to his personal use, the State Board shall dismiss the complaint or motion and end the inquiry into the matter.
U back to the campaign committee from his personal funds the amount that was allegedly converted to hispays personal use, the State Board shall dismiss the complaint or motion and end the inquiry into thE matter.
Prior to the State Board's holding a public hearing on the matter, the complaint, the State Board's Information Act (§ 2.2-3700 et seq.) and shall not be made public, except by the respondent.
Prior to the State Board's holding a public hearing on the matter, the complaint, the State Board's written notice, and any related records shall not be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and shall not be made public, except by the respondent.
However,m of once the State Board has commenced a public meeting to further inquire into alleged conversion of campaign funds to personal use, its materials, meetings, and hearings on the matter shall be open to the public.
However, campaign funds to personal use, its materials, meetings, and hearings on the matter shall be open to the public.
If after such preliminary investigation the State Board determines to proceed with an inquiry into the specific use of campaign contributions by the respondent, the State Board (i) shall immediately notify in writing the complainant and the respondent as to the fact of the inquiry and the allegations have the right to postpone the hearing if it is scheduled within the 30 days immediately preceding anll SB463 8 of 9 election in which the respondent is a candidate for office.
If after such preliminary investigation the State Board determines to proceed with an inquiry into the specific use of campaign contributions by the respondent, the State Board (i) shall immediaSely notify in writing the complainant and the respondent as to the fact of the inquiry and the alle4ations have the right to postpone the hearing if it is scheduled within the 30 days immediately preceding anll election in which the respondent is a candidate for office.
If the complaining party declines to participate in the hearing, the complaint shall be dismissed and no further action shall be taken.
If the complaining party declines t1 participate in the hearing, the complaint shall be dismissed and no further action shall be taken.
In its discretion, the State Board may grant the respondent any other rights or privileges not specifically enumerated in this subsection.
In its discretion, the State Board may grant the respondent any other rights or privileges not SB463S1 8 of 9 specifically enumerated in this subsection.
of 9 C.
C.
However, if an advisory opinion is requested by a candidate or candidate I campaign committee during the 60-day period before any election involving the requesting party,Nthe the State Board receives a complete written request.relating to such request no later than 20 days after D.
However, if an advisory opinion is requested by a candidate or candidate campaign committee during the 60-day period before any election involving the requesting party, the State Board shall render a written advisory opinion relating to such request no later than 20 days after the State Board receives a complete written request.
Any advisory opinion rendered by the State Board under subsection C may be relied upon by (i) any person involved in the specific transaction or activity with respect to which such advisoryRopinion is rendered and (ii) any person involved in any specific transaction or activity that is indistingOishable in rendered.aterial aspects from the transaction or activity with respect to which such advisory opinion is E.
of 9 D.
Notwithstanding any other provision of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of subsection D and who acts in good fUith in accordance with the provisions and findings of such advisory opinion shall not, as a result of Cny such 2.
Any advisory opinion rendered by the State Board under subsection C may be relied upon by (i) rendered and (ii) any person involved in any specific transaction or activity that is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is renE.
That the State Board of Elections shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.
Notwithstanding any other provision of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of subsection D and who acts in good faith in act, be subject to any sanction provided under § 24.2-948.6.
E 3.
opinion shall not, as a result of any such 2.
That the regulations adopted pursuant to the second enactment of this act shall include D regulations substantially similar to the regulations of the Federal Election Commission (the FEC) prohibition on personal use of campaign funds.
That the State Board of Elections shall promulgate regulations to implement the provisions of 3.
The regulations shall also include adoption of past closed matters under review and advisory opinions of the FEC on matters related to the prohibited personal use of campaign funds under federal law as precedent for any future decisions 4.
of the Code of Virginia, as amendedS by this act) required by subdivision E of § 24.2-946 of the Code of Virginia, as amended by thi4 act, and any regulations of the State Board of Elections promulgated pursuant to the second 3 enactment of this act within 30 days of the promulgation of such regulations.
of the Code of Virginia, as amended act, and any regulations of the State Board of Elections promulgated pursuant to the second this enactment of this act within 30 days of the promulgation of such regulations.
S E N A T E S U B S T I T U T E S S 1
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Action History

  1. Left in Privileges and Elections

  2. Subcommittee recommends laying on the table (5-Y 3-N)

  3. Assigned P & E sub: Subcommittee #2

  4. Referred to Committee on Privileges and Elections

  5. Read first time

  6. Placed on Calendar

  7. Read third time and passed Senate (37-Y 3-N)

  8. Engrossed by Senate - committee substitute SB463S1

  9. Committee substitute agreed to 22106238D-S1

  10. Reading of substitute waived

  11. Read second time

  12. Impact statement from DPB (SB463S1)

  13. Constitutional reading dispensed (40-Y 0-N)

  14. Reported from Finance and Appropriations (13-Y 2-N)

  15. Rereferred to Finance and Appropriations

  16. Committee substitute printed 22106238D-S1

  17. Reported from Privileges and Elections with substitute (9-Y 6-N)

  18. Senate committee, floor amendments and substitutes offered

  19. Impact statement from DPB (SB463)

  20. Referred to Committee on Privileges and Elections

  21. Prefiled and ordered printed; offered 01/12/22 22102785D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on · 10 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subcommittee recommends laying on the table (5-Y 3-N)

Passed 5 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5301
Total 5301
% of votes cast 56%33%0%11%
How each member voted (9)
Member Party Vote
H. Otto Wachsmann, Jr. — Yea
Israel D. O'Quinn — Yea
Maldonado, Michelle Lopes — Nay
Mundon King, Candi — Nay
Ransone, Margaret B. — Not Voting
Robert S. Bloxom, Jr. — Yea
Sickles, Mark D. — Nay
Taylor, Kim A. — Yea
Wren M. Williams — Yea

Official roll call →

Read third time and passed Senate (37-Y 3-N)

Passed 37 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37300
Total 37300
% of votes cast 93%8%0%0%
How each member voted (40)
Member Party Vote
Spruill, Lionell, Sr. — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (13-Y 2-N)

Passed 13 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13200
Total 13200
% of votes cast 87%13%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Nay
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Nay
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Reported from Privileges and Elections with substitute (9-Y 6-N)

Passed 9 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9600
Total 9600
% of votes cast 60%40%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Spruill, Lionell, Sr. — Nay
Bell, John J. — Yea
Bryce E. Reeves — Nay
Ebbin, Adam P. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Vogel, Jill Holtzman — Yea

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 463 do?
Campaign finance; prohibited personal use of campaign funds, complaints, hearings, civil penalty. Prohibits any person from converting contributions to a candidate or a candidate's campaign committee for his personal use. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but excepts from "personal use" the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's child care expenses that are incurred as a direct result of campaign activity. Any person subject to the personal use ban may request an advisory opinion from the State Board of Elections on such matters. The bill directs the State Board of Elections to provide an updated summary of Virginia campaign finance law that reflects the Attorney General's opinion and any regulations promulgated by the State Board of Elections.
Who sponsors SB 463?
SB 463 is sponsored by Bell, John J..
What is the current status of SB 463?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 463?
Track SB 463 free on One Click Politics — get push/email alerts when it moves.

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