15100461D Be it enacted by the General Assembly of Virginia: 1. That §§2.2-419, 2.2-426, 2.2-428, 2.2-431, 2.2-3101, 2.2-3103.1, 2.2-3104, 2.2-3106, 2.2-3114 through 2.2-3118, 2.2-3121, 2.2-3131, 30-101, 30-103.1, 30-110, 30-111, 30-123, 30-124, 30-127, and 30-129.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 25 of Title 2.2 an article numbered 10, consisting of sections numbered 2.2-2537 through 2.2-2545, as follows: §2.2-419. Definitions. As used in this article, unless the context requires a different meaning: "Anything of value" means: 1. A pecuniary item, including money, or a bank bill or note; 2. A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money; 3. A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money; 4. A stock, bond, note, or other investment interest in an entity; 5. A receipt given for the payment of money or other property; 6. A right in action; 7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel; 8. A loan or forgiveness of indebtedness; 9. A work of art, antique, or collectible; 10. An automobile or other means of personal transportation; 11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty; 12. An honorarium or compensation for services; 13. A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive or legislative official, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public; 14. A promise or offer of employment; or 15. Any other thing of value that is pecuniary or compensatory in value to a person. "Anything of value" does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§24.2-945 et seq.) of Title 24.2. "Compensation" means: 1. An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value; or 2. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, for services rendered or to be rendered. "Compensation" does not mean reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses. "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by an executive agency or official of legislation or executive orders issued by the Governor. "Executive agency" means an agency, board, commission, or other body in the executive branch of state government. "Executive agency" includes the State Corporation Commission, the Virginia Workers' Compensation Commission, and the Virginia Lottery. "Executive official" means: 1. The Governor; 2. The Lieutenant Governor; 3. The Attorney General; 4. Any officer or employee of the office of the Governor or Lieutenant Governor other than a clerical or secretarial employee; 5. The Governor's Secretaries, the Deputy Secretaries, and the chief executive officer of each executive agency; or 6. Members of supervisory and policy boards, commissions and councils, as defined in §2.2-2100, however selected. "Expenditure" means: 1. A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose; 2. A payment to a lobbyist for salary, fee, reimbursement for expenses, or other purpose by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons; 3. A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist; 4. A payment that directly benefits an executive or legislative official or a member of the official's immediate family; 5. A payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with an executive or legislative official; 6. A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive or legislative official; or 7. A payment or reimbursement for categories of expenditures required to be reported pursuant to this chapter. "Expenditure" does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§24.2-945 et seq.) of Title 24.2. "Fair market value" means the price that a good or service would bring between a willing seller and a willing buyer in the open market after negotiations. If the fair market value cannot be determined, the actual price paid for the good or service shall be given consideration. "Gift" means anything of value to the extent that a consideration of equal or greater value is not received. "Gift" does not mean: 1. Printed informational or promotional material; 2. A gift that is not used and, no later than 60 days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes; 3. A gift, devise, or inheritance from an individual's spouse, child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of that individual, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision; or 4. A gift of a value of $50 or less. "Immediate family" means (i) the spouse and (ii) any
child "Legislative action" means: 1. Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the General Assembly or a legislative official; 2. Action by the Governor in approving, vetoing, or recommending amendments for a bill passed by the General Assembly; or 3. Action by the General Assembly in overriding or sustaining a veto by the Governor, considering amendments recommended by the Governor, or considering, confirming, or rejecting an appointment of the Governor. "Legislative official" means: 1. A member or member-elect of the General Assembly; 2. A member of a committee, subcommittee, commission, or other entity established by and responsible to the General Assembly or either house of the General Assembly; or 3. Persons employed by the General Assembly or an entity established by and responsible to the General Assembly. "Lobbying" means: 1. Influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official; or 2. Solicitation of others to influence an executive or legislative official. "Lobbying" does not mean: 1. Requests for appointments, information on the status of pending executive and legislative actions, or other ministerial contacts if there is no attempt to influence executive or legislative actions; 2. Responses to published notices soliciting public comment submitted to the public official designated in the notice to receive the responses; 3. The solicitation of an association by its members to influence legislative or executive action; or 4. Communications between an association and its members and communications between a principal and its lobbyists. "Lobbyist" means: 1. An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; 2. An individual who represents an organization, association, or other group for the purpose of lobbying; or 3. A local government employee who lobbies. "Lobbyist's principal" or "principal" means the entity on whose behalf the lobbyist influences or attempts to influence executive or legislative action. An organization whose employees conduct lobbying activities on its behalf is both a principal and an employer of the lobbyists. In the case of a coalition or association that employs or retains others to conduct lobbying activities on behalf of its membership, the principal is the coalition or association and not its individual members. "Local government" means: 1. Any county, city, town, or other local or regional political subdivision; 2. Any school division; 3. Any organization or entity that exercises governmental powers that is established pursuant to an interstate compact; or 4. Any organization composed of members representing entities listed in subdivisions 1, 2, or 3 of this definition. "Local government employee" means a public employee of a local government. "Person" means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization, or group of persons acting in concert. "Value" means the actual cost or fair market value of an item or items, whichever is greater. If the fair market value cannot be determined, the actual amount paid for the item or items shall be given consideration. §2.2-426. Lobbyist reporting; penalty. A. Each lobbyist shall file with the
Virginia B. Each principal who expends more than $500 to employ or compensate multiple lobbyists shall be responsible for filing a consolidated lobbyist report pursuant to this section in any case in which the lobbyists are each exempt under the provisions of subdivision 7 or 8 of §2.2-420 from the reporting requirements of this section. C. The report shall be on a form provided by the Virginia
D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact is guilty of a Class 5 felony. E. Each lobbyist shall send to each legislative and executive official who is required to be identified by name on Schedule A or B of the Lobbyist's Disclosure Form a copy of Schedule A or B or a summary of the information pertaining to that official. Copies or summaries shall be provided to the official by November 21 for the preceding six-month period complete through the last day of October and by May 21 for the preceding six-month period complete through the last day of April. §2.2-428. Standards for automated preparation and transmittal of lobbyist's disclosure statements; database. A. The Virginia B. The Secretary shall establish a lobbyist disclosure database, available to the public, from required disclosure statements filed electronically and may enter into that database information from required disclosure statements filed by other methods. The Secretary shall maintain such database until January 1, 2016. §2.2-431. Penalties; filing of substituted statement. A. Every lobbyist failing to file the statement prescribed by §2.2-426 within the time prescribed therein shall be assessed a civil penalty of fifty dollars, and every individual failing to file the statement within ten days after the time prescribed herein shall be assessed an additional civil penalty of fifty dollars per day from the eleventh day of such default until the statement is filed. The Virginia Independent Commission on Ethics shall notify the Secretary of any lobbyist's failure to file the statement within the time prescribed, and the penalties shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request. B. Every lobbyist's principal whose lobbyist fails to file the statement prescribed by §2.2-426 shall be assessed a civil penalty of fifty dollars, and shall be assessed an additional civil penalty of fifty dollars per day from the eleventh day of such default until the statement is filed. The Virginia Independent Commission on Ethics shall notify the Secretary of any lobbyist's failure to file to file the statement within the time prescribed, and the penalty shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request. C. No individual who has failed to file the statement required by §2.2-426 or who has failed to pay all penalties assessed pursuant to this section, shall register or act as a lobbyist as long as he remains in default. D. Whenever any lobbyist is or will be in default under § 2.2-426, and the reasons for such default are or will be beyond his control, or the control of his principal, or both, the Secretary may suspend the assessment of any penalty otherwise assessable and accept a substituted statement, upon the submission of sworn proofs that shall satisfy him that the default has been beyond the control of the lobbyist or his principal, and that the substituted statement contains the most accurate and complete information available after the exercise of due diligence. E. Penalties collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund. §2.2-2537. Virginia Independent Commission on Ethics established. The Virginia Independent Commission on Ethics (the Commission) is hereby established as an independent commission in state government to encourage and facilitate compliance with, and investigate violations of, the State and Local Government Conflict of Interests Act (§2.2-3100 et seq.) and the General Assembly Conflicts of Interests Act (§30-100 et seq.) (the Acts) and the lobbying laws in Article 3 (§2.2-418 et seq.) of Chapter 4 (Article 3). §2.2-2538. Membership; terms; prohibited activities. A. The Commission shall consist of nine members as follows: two nonlegislative citizen members appointed by the Speaker of the House of Delegates, one of whom shall be a former member of the House of Delegates and one of whom shall be a citizen at large; two nonlegislative citizen members appointed by the Senate Committee on Rules, one of whom shall be a former member of the Senate and one of whom shall be a citizen at large; and five nonlegislative citizen members appointed by the Governor, one of whom shall be a former officer or employee of the executive branch, one of whom shall be a former local government officer or employee, two of whom shall be citizens at large, and one of whom shall be a former judge of a court of record, who shall serve as the chairman of the Commission. All appointments shall be subject to confirmation by a vote of two-thirds of the members elected to the General Assembly. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth. Vacancies shall be filled in the same manner as the original appointments. B. Following the initial staggering of terms, members shall serve for terms of four years, except that appointments to fill vacancies shall be for the unexpired term. All members may be reappointed but no member shall be eligible to serve for more than two successive four-year terms. As a condition to assuming office, each member of the Commission shall file the disclosure form prescribed in §2.2-3117. C. During his term and for one year prior to his term, no member of the Commission shall (i) hold or campaign for any public office; (ii) be employed by or volunteer for any local, state, or federal campaign; (iii) hold office in any political party, political committee, or partisan organization; (iv) contribute to any candidate or campaign committee; (v) employ or be employed as a lobbyist; or (vi) solicit, accept, or receive any gift from any person subject to Article 3 or the Acts. §2.2-2539. Meetings of the Commission; staff. A. The Commission shall hold meetings quarterly or upon the call of the chairman. A majority of the Commission shall constitute a quorum. Except as provided in §2.2-2542, the votes of a majority of the members present are required for any action or recommendation of the Commission. B. Members of the Commission shall receive no compensation for their services but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the expenses of the members shall be provided from existing appropriations to the Commission. C. The Commission shall employ an executive director and a chief counsel. The executive director shall be responsible for the administrative operations of the Commission, including the hiring of such staff as he deems necessary, and shall perform other duties as may be delegated or assigned to him by the Commission. The chief counsel shall be the chief legal officer of the Commission and shall perform other duties as may be delegated or assigned to him by the Commission or executive director. §2.2-2540. Disclosure forms. A. The Commission shall prescribe and make available on its website the forms for disclosure required to be filed by Article 3 and the Acts. Any person required to file a disclosure form by Article 3 or the Acts may request, and the Commission shall provide to him, the disclosure form he is required to file in its paper form. B. The Commission shall receive all disclosure forms in the office of the Commission. The Commission shall accept any disclosure forms filed by computer or electronic means in accordance with and using software meeting the standards approved by the Commission. The Commission shall provide software or electronic access for filing to all filers without charge, and may prescribe the method of execution and certification of electronically filed forms, including the use of an electronic signature as authorized by the Uniform Electronic Transactions Act (§59.1-479 et seq.). The Commission shall maintain a searchable database on its website of all disclosure forms properly filed. C. The Commission shall initially review all disclosure forms to ensure those persons required to file a disclosure form have filed such a form and to determine if the disclosure form has been fully completed. If a disclosure form is found to have not been filed or to have been incomplete as filed, the Commission shall notify the filer in writing and direct the filer to file a completed disclosure form. §2.2-2541. Advisory opinions. A. Upon the request of any person subject to the requirements of Article 3 or the Acts, the Commission shall furnish informal advice or formal advisory opinions or guidance with respect to ethics, conflicts issues, or such person's duties under Article 3 or the Acts. B. Formal advisory opinions are public record and may be published on the Commission's website. Published formal advisory opinions may have such deletions and changes as may be necessary to protect the identity of the person involved. The informal advice given by the Commission is confidential and excluded from the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.). C. No person shall be prosecuted, assessed a civil penalty, or otherwise disciplined for a violation of Article 3 or the Acts if the alleged violation resulted from his good faith reliance on a formal advisory opinion issued under this section and the opinion was issued after his full disclosure of the material facts. §2.2-2542. Investigations. A. Investigations into alleged violations of the Acts may be initiated upon the Commission's own motion or in response to the signed and sworn complaint of any citizen of the Commonwealth. Such a complaint shall be subscribed by its maker as true under penalty of perjury. No investigation shall be initiated in the 60 days immediately preceding a primary election or other nominating event or before a general election in which the subject of the complaint or Commission's motion is running for office. B. Upon its own motion, the Commission, through its executive director, may initiate an investigation into an alleged violation of the Acts. The investigation shall begin within 30 days of the Commission's discovery of the facts giving rise to the alleged violation. C. Upon receipt of a citizen complaint, the Commission, through its executive director, shall conduct a preliminary inquiry into any alleged violation of the Acts no later than 30 days after receipt of the complaint. The Commission shall notify the subject of the inquiry and forward to him a copy of the complaint. During its preliminary inquiry, the Commission shall determine whether the facts stated in the complaint, when taken as true, are sufficient to show a violation of the Acts. It shall complete its preliminary inquiry within 30 days of its initiation. All documents, records, and other information related to the preliminary inquiry are confidential and are excluded from the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.). If the preliminary inquiry establishes that the facts stated in the complaint taken as true are not sufficient to show a violation of the Acts, the complaint shall be dismissed, and the Commission shall notify the subject of the inquiry and the complainant, if there is one. If the preliminary inquiry establishes that the facts stated in the complaint taken as true are sufficient to show a violation of the Acts, the Commission, through its executive director, shall initiate an investigation to determine if there has been a violation. The investigation shall begin within 30 days of the completion of the preliminary inquiry. D. An investigation initiated pursuant to subsection B or C shall not begin until the subject of the investigation has been notified and provided a general statement of the alleged violation and the applicable statutes with respect to such violation. Service of notice is complete upon mailing by certified or registered mail. During the investigation, the Commission, its executive director, and its staff shall conduct interviews, take statements, receive and inspect documents and records, and gather other evidence as may be relevant. The Commission shall have the authority to issue subpoenas to compel the production of documents, records, and other information. The Commission shall complete its investigation no later than 180 days after its initiation and, within 30 days of completion of the investigation, shall make a written report of its findings and shall provide a copy of that report to the subject of the investigation. If finding that no violation was committed, the Commission shall put in the written report its reasons for dismissal of the complaint and shall notify the subject of the investigation and the complainant. In all other cases, the written report shall include the pertinent findings of fact and the Commission shall schedule a hearing on the matter. E. Any hearing conducted pursuant to subsection D shall be open to the public and shall be held no later than 30 days after the issuance of the findings report. At any hearing, the Commission shall have the authority to issue subpoenas to compel the attendance of witnesses or the production of documents, records, and other information, and shall issue such subpoenas upon the request of the subject of the investigation. The subject of the investigation shall have the right to request the issuance of subpoenas, present evidence, have access to any evidence used or developed by the Commission during its investigation, cross-examine witnesses, face and examine the complainant, and be represented by counsel. At the conclusion of the hearing, the Commission shall deliberate on the evidence and determine whether there has been a violation of the Acts. At least five members of the Commission must find a violation by clear and convincing evidence. F. Within 30 days following the conclusion of a hearing conducted pursuant to subsections D and E, the Commission shall issue a final order. The final order shall set forth the alleged violation, the findings of fact, and the conclusions of law. It may also include recommendations for disciplinary action, civil penalties, or criminal prosecution. Final orders are public record and shall be published on the Commission's website. G. Any person subpoenaed pursuant to subsection D or E may immediately procure by petition a decision on the validity of the subpoena in the circuit court as provided in §2.2-4003. §2.2-2543. Audits. The Commission shall conduct an annual audit of a random sample of the disclosure forms filed pursuant to Article 3 and the Acts. This annual audit shall be performed by the Commission in accordance with generally accepted auditing standards and shall review each disclosure form to determine (i) compliance with applicable disclosure requirements, (ii) compliance with applicable limitations on gifts, (iii) the accuracy of the information disclosed, and (iv) whether filing deadlines were met. The Commission may initiate an investigation pursuant to §2.2-2542 into any discrepancies or possible violations of Article 3 or the Acts discovered in the course of the audit. The random sample shall be as follows: five percent of members of the House of Delegates, five percent of members of the Senate of Virginia, 10 percent of constitutional and local officers, 10 percent of lobbyists, and one of the statewide officers. For those filers who file semiannually, the form filed at the deadline immediately preceding the audit shall be the form audited. §2.2-2544. Other powers and duties. The Commission shall: 1. Review and approve or deny requests for waivers submitted by those persons subject to the Acts to accept a tangible or intangible gift, or a combination of tangible or intangible gifts, that is otherwise prohibited by §2.2-3103.1 or §30-103.1. The Commission shall consider the gift as it relates to the official duties of the requester and may approve those gifts that do not raise the appearance of impropriety. The Commission shall prescribe the standards and procedures for receiving, reviewing, and approving or denying such waivers. 2. Conduct training seminars and educational programs for lobbyists, state and local government officers and employees, legislators, and other interested persons on the requirements of Article 3 and the Acts and provide ethics orientation sessions for legislators in compliance with Article 6 (§30-129.1 et seq.) of Chapter 13 of Title 30; 3. Approve orientation courses conducted pursuant to §2.2-3128 and, upon request, review the educational materials and approve any training or course on the requirements of Article 3 and the Acts conducted for state and local government officers and employees; 4. Publish such educational materials as it deems appropriate on the provisions of Article 3 and the Acts; 5. Request from any agency of state or local government such assistance, services, and information as will enable the Commission to effectively carry out its responsibilities. Information provided to the Commission by an agency of state or local government shall not be released to any other party unless authorized by such agency; and 6. Report on or before December 1 of each year on its activities and findings regarding Article 3 and the Acts, including recommendations for changes in the laws, to the General Assembly and the Governor. The annual report shall be submitted by the chairman as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be published as a state document. §2.2-2545. Violations. If the Commission, after conducting an investigation pursuant to §2.2-2542, finds a person subject to the requirements of the State and Local Government Conflict of Interests Act (§2.2-3100 et seq.) or the General Assembly Conflicts of Interests Act (§ 30-100 et seq.) has knowingly violated one or more of the provisions of such Act, it shall refer the matter by its final order to the Supreme Court of Virginia. The final order shall contain recommendations for criminal prosecution. The Supreme Court shall appoint an attorney for the Commonwealth to prosecute the alleged violation. The attorney for the Commonwealth so appointed shall not be of the county or city where the officer, employee, or legislator was elected or is employed. §2.2-3101. Definitions. As used in this chapter, unless the context requires a different meaning: "Advisory agency" means any board, commission, committee or post which does not exercise any sovereign power or duty, but is appointed by a governmental agency or officer or is created by law for the purpose of making studies or recommendations, or advising or consulting with a governmental agency. "Affiliated business entity relationship" means a relationship, other than a parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that may be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person owns or manages the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities. "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. "Commission" means the Virginia Independent Commission on Ethics established in Article 10 (§2.2-2537 et seq.) of Chapter 25. "Contract" means any agreement to which a governmental agency is a party, or any agreement on behalf of a governmental agency that involves the payment of money appropriated by the General Assembly or a political subdivision, whether or not such agreement is executed in the name of the Commonwealth, or some political subdivision thereof. "Contract" includes a subcontract only when the contract of which it is a part is with the officer's or employee's own governmental agency.
"Employee" means all persons employed by a governmental or advisory agency, unless otherwise limited by the context of its use. "Financial institution" means any bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, broker-dealer as defined in subsection A of §13.1-501, or investment company or advisor registered under the federal Investment Advisors Act or Investment Company Act of 1940. "Gift" means any gratuity, favor, discount,
entertainment, hospitality, loan, forbearance, or other item having monetary
value. It includes services as well as gifts of transportation, local travel,
lodgings and meals, whether provided in-kind, or
by purchase of a ticket, payment in advance or reimbursement after the expense
has been incurred. "Gift" does not include (i) any offer of a ticket,
coupon, or other admission or pass unless the ticket, coupon, admission, or
pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based
scholarship or any other financial aid awarded by a public or private school,
institution of higher education, or other educational program pursuant to such
school, institution, or program's financial aid standards and procedures applicable
to the general public; (iv) unsolicited,
personally-inscribed awards of appreciation or recognition in the form of a
plaque, trophy, wall memento, or similar item that is given in recognition of
public, civic, charitable, or professional service; (v) a
campaign contribution properly received and reported pursuant to Chapter 9.3 (§
24.2-945 et seq.) of Title 24.2; "Governmental agency" means each component part of the legislative, executive or judicial branches of state and local government, including each office, department, authority, post, commission, committee, and each institution or board created by law to exercise some regulatory or sovereign power or duty as distinguished from purely advisory powers or duties. Corporations organized or controlled by the Virginia Retirement System are "governmental agencies" for purposes of this chapter. "Immediate family" means (i) a spouse and (ii) any
child "Officer" means any person appointed or elected to any governmental or advisory agency including local school boards, whether or not he receives compensation or other emolument of office. Unless the context requires otherwise, "officer" includes members of the judiciary. "Parent-subsidiary relationship" means a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. "Personal interest" means a financial benefit or liability accruing to an officer or employee or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property if the ownership interest will consist of clause (i) or (iv) above. "Personal interest in a contract" means a personal interest that an officer or employee has in a contract with a governmental agency, whether due to his being a party to the contract or due to a personal interest in a business that is a party to the contract. "Personal interest in a transaction" means a personal interest of an officer or employee in any matter considered by his agency. Such personal interest exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or governmental agency, or represents or provides services to any individual or business and such property, business or represented or served individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction. Notwithstanding the above, such personal interest in a transaction shall not be deemed to exist where (a) an elected member of a local governing body serves without remuneration as a member of the board of trustees of a not-for-profit entity and such elected member or member of his immediate family has no personal interest related to the not-for-profit entity or (b) an officer, employee, or elected member of a local governing body is appointed by such local governing body to serve on a governmental agency, or an officer, employee, or elected member of a separate local governmental agency formed by a local governing body is appointed to serve on a governmental agency, and the personal interest in the transaction of the governmental agency is the result of the salary, other compensation, fringe benefits, or benefits provided by the local governing body or the separate governmental agency to the officer, employee, elected member, or member of his immediate family. "State and local government officers and employees" shall not include members of the General Assembly. "State filer" means those officers and employees required to file a disclosure statement of their personal interests pursuant to subsection A or B of §2.2-3114. "Transaction" means any matter considered by any governmental or advisory agency, whether in a committee, subcommittee, or other entity of that agency or before the agency itself, on which official action is taken or contemplated. §2.2-3103.1. Certain gifts prohibited. A. For purposes of this section: "Intangible gift" means a thing of temporary value or a thing that upon the happening of a certain event or expiration of a given date loses its value. "Intangible gift" includes entertainment, hospitality, a ticket, admission, or pass, transportation, lodgings, and meals that are reportable on Schedule E of the disclosure form prescribed in § 2.2-3117. "Tangible gift" means a thing of value that does not lose its value upon the happening of a certain event or expiration of a given date. "Tangible gift" includes currency, negotiable instruments, securities, stock options, or other financial instruments that are reportable on Schedule E of the disclosure form prescribed in §2.2-3117. "Tangible gift" does not include payments or reimbursements received for any intangible gift. B. An officer or employee of a local governmental or advisory
agency or candidate required to file the disclosure form prescribed in §
2.2-3117 C. An officer or employee of a state governmental or advisory
agency or candidate required to file the disclosure form prescribed in §
2.2-3117 D. An officer or employee of a state or local governmental or advisory agency or a candidate required to file the disclosure form prescribed in § 2.2-3117 may accept a tangible or intangible gift, or a combination of tangible or intangible gifts, with a value in excess of the limit prescribed in subsections B and C, if: 1. The gifts are received while in attendance at a widely attended event. A widely attended event is an event for which there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals from throughout a particular industry or profession or who represent persons interested in a particular issue; or 2. The officer, employee, or candidate has submitted a written request to and has received the written approval of the Commission pursuant to subdivision 1 of §2.2-2544. Gifts received pursuant to this subsection shall be disclosed on the form prescribed in §2.2-3117. For purposes of disclosure of a gift received pursuant to subdivision 1 of this subsection, a gift that is received by a guest invited by the officer, employee, or candidate to attend to the widely attended event, whether or not such guest is accompanied by the officer, employee, or candidate, shall be deemed a gift received by the officer, employee, or candidate. E. During the pendency of a civil action in any state or federal court to which the Commonwealth is a party, the Governor or the Attorney General or any employee of the Governor or the Attorney General who is subject to the provisions of this chapter shall not solicit, accept, or receive any tangible gift from any person that he knows or has reason to know is a person, organization, or business who is a party to such civil action. A person, organization, or business who is a party to such civil action shall not knowingly give any tangible gift to the Governor or the Attorney General or any of their employees who are subject to the provisions of this chapter. For purposes of this subsection, "person, organization, or business" includes individuals who are officers, directors, or owners of or who have a controlling ownership interest in such organization or business.
§2.2-3104. Prohibited conduct for certain officers and employees of state government. For one year after the termination of public employment or service, no state officer or employee shall, before the agency of which he was an officer or employee, represent a client or act in a representative capacity on behalf of any person or group, for compensation, on matters related to legislation, executive orders, or regulations promulgated by the agency of which he was an officer or employee. This prohibition shall be in addition to the prohibitions contained in §2.2-3103. For the purposes of this section, "state officer or employee" shall mean (i) the Governor, Lieutenant Governor, Attorney General, and officers appointed by the Governor, whether confirmation by the General Assembly or by either house thereof is required or not, who are regularly employed on a full-time salaried basis; those officers and employees of executive branch agencies who report directly to the agency head; and those at the level immediately below those who report directly to the agency head and are at a payband 6 or higher and (ii) the officers and professional employees of the legislative branch designated by the joint rules committee of the General Assembly. For the purposes of this section, the General Assembly and the legislative branch agencies shall be deemed one agency. Any person subject to the provisions of this section may apply
to the §2.2-3106. Prohibited contracts by officers and employees of state government and Eastern Virginia Medical School. A. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with the governmental agency of which he is an officer or employee, other than his own contract of employment. B. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with any other governmental agency of state government unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in §2.2-4302.1 or 2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative head of the governmental agency that competitive bidding or negotiation is contrary to the best interest of the public. C. The provisions of this section shall not apply to: 1. An employee's personal interest in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided the employee does not exercise any control over the employment or the employment activities of the member of his immediate family and the employee is not in a position to influence those activities; 2. The personal interest of an officer or employee of a state institution of higher education or the Eastern Virginia Medical School in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided (i) the officer or employee and the immediate family member are engaged in teaching, research or administrative support positions at the educational institution or the Eastern Virginia Medical School, (ii) the governing board of the educational institution finds that it is in the best interests of the institution or the Eastern Virginia Medical School and the Commonwealth for such dual employment to exist, and (iii) after such finding, the governing board of the educational institution or the Eastern Virginia Medical School ensures that the officer or employee, or the immediate family member, does not have sole authority to supervise, evaluate or make personnel decisions regarding the other; 3. An officer's or employee's personal interest in a contract of employment with any other governmental agency of state government; 4. Contracts for the sale by a governmental agency or the Eastern Virginia Medical School of services or goods at uniform prices available to the general public; 5. An employee's personal interest in a contract between a public institution of higher education in Virginia or the Eastern Virginia Medical School and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials; 6. An employee's personal interest in a contract with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee, including manuscripts, musical scores, poetry, paintings, books or other materials, writings, or papers of an academic, research, or cultural value to the institution, provided the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution's public mission of service, research, or education; 7. Subject to approval by the board of visitors, an employee's personal interest in a contract between the Eastern Virginia Medical School or a public institution of higher education in Virginia that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education or the Eastern Virginia Medical School and of which such employee is a member or employee; 8. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract for research and development or
commercialization of intellectual property between a public institution of
higher education in Virginia or the Eastern Virginia Medical School and a
business in which the employee has a personal interest, if (i) the employee's
personal interest has been disclosed to and approved by such public institution
of higher education or the Eastern Virginia Medical School prior to the time at
which the contract is entered into; (ii) the employee promptly files a
disclosure statement pursuant to §2.2-3117 and thereafter files such statement
annually on or before 9. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract between a public institution of
higher education in Virginia or the Eastern Virginia Medical School and a
business in which the employee has a personal interest, if (i) the personal
interest has been disclosed to the institution or the Eastern Virginia Medical
School prior to the time the contract is entered into; (ii) the employee files
a disclosure statement pursuant to §2.2-3117 and thereafter annually on or
before D. Notwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee's personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Medical School pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Medical School to the Secretary of the Commonwealth by January 31 of each year of evidence of their compliance with such federal policies and regulations. E. The board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution's or the Eastern Virginia Medical School's employee responsible for administering each contract, the details of the institution's or the Eastern Virginia Medical School's commitment or investment of resources or finances for each contract, the details of how revenues are to be dispersed, and any other information requested by the board of visitors. §2.2-3114. Disclosure by state officers and employees. A. The Governor, Lieutenant Governor, Attorney General,
Justices of the Supreme Court, judges of the Court of Appeals, judges of any
circuit court, judges and substitute judges of any district court, members of
the State Corporation Commission, members of the Virginia Workers' Compensation
Commission, members of the Commonwealth Transportation Board, members of the
Board of Trustees of the Virginia Retirement System, and members of the
Virginia Lottery Board and other persons occupying such offices or positions of
trust or employment in state government, including members of the governing
bodies of authorities, as may be designated by the Governor or, in the case of
officers or employees of the legislative branch, by the Joint Rules Committee
of the General Assembly, shall file with the B. Nonsalaried citizen members of all policy and supervisory
boards, commissions and councils in the executive branch of state government,
other than the Commonwealth Transportation Board, members of the Board of
Trustees of the Virginia Retirement System, and the Virginia Lottery Board,
shall file with the C. The disclosure forms required by subsections A and B shall
be provided by the D. Candidates for the offices of Governor, Lieutenant Governor or Attorney General shall file a disclosure statement of their personal interests as required by §24.2-502. E. Any officer or employee of state government who has a personal interest in any transaction before the governmental or advisory agency of which he is an officer or employee and who is disqualified from participating in that transaction pursuant to subdivision A 1 of §2.2-3112, or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest, including the full name and address of the business and the address or parcel number for the real estate if the interest involves a business or real estate, and his disclosure shall also be reflected in the public records of the agency for five years in the office of the administrative head of the officer's or employee's governmental agency or advisory agency or, if the agency has a clerk, in the clerk's office. F. An officer or employee of state government who is required to declare his interest pursuant to subdivision A 2 of §2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. G. An officer or employee of state government who is required to declare his interest pursuant to subdivision A 3 of §2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) that a party to the transaction is a client of his firm, (iii) that he does not personally represent or provide services to the client, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. §2.2-3114.1. Filings of statements of economic interests by General Assembly members. The filing of a current statement of economic interests by a General
Assembly member, member-elect, or candidate for the General Assembly pursuant
to §§30-110 and 30-111 of the General Assembly Conflicts of Interests Act (§
30-100 et seq.) shall suffice for the purposes of this chapter §2.2-3115. Disclosure by local government officers and employees. A. The members of every governing body and school board of
each county and city and of towns with populations in excess of 3,500 shall
file with the The members of the governing body of any authority established
in any county or city, or part or combination thereof, and having the power to
issue bonds or expend funds in excess of $10,000 in any fiscal year, shall file
with the Persons occupying such positions of trust appointed by
governing bodies and persons occupying such positions of employment with
governing bodies as may be designated to file by ordinance of the governing
body shall file with the Persons occupying such positions of trust appointed by school
boards and persons occupying such positions of employment with school boards as
may be designated to file by an adopted policy of the school board shall file
with the B. Nonsalaried citizen members of local boards, commissions
and councils as may be designated by the governing body shall file with the C. No person shall be mandated to file any disclosure not otherwise required by this article. D. The disclosure forms required by subsections A and B shall
be provided by the E. Candidates for membership in the governing body or school board of any county, city or town with a population of more than 3,500 persons shall file a disclosure statement of their personal interests as required by § 24.2-502. F. Any officer or employee of local government who has a personal interest in any transaction before the governmental or advisory agency of which he is an officer or employee and who is disqualified from participating in that transaction pursuant to subdivision A 1 of §2.2-3112 or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest, including the full name and address of the business and the address or parcel number for the real estate if the interest involves a business or real estate, and his disclosure shall be reflected in the public records of the agency for five years in the office of the administrative head of the officer's or employee's governmental or advisory agency. G. In addition to any disclosure required by subsections A and
B, in each county and city and in towns with populations in excess of 3,500,
members of planning commissions, boards of zoning appeals, real estate
assessors, and all county, city and town managers or executive officers shall
make annual disclosures of all their interests in real estate located in the
county, city or town in which they are elected, appointed, or employed. Such
disclosure shall include any business in which such persons own an interest, or
from which income is received, if the primary purpose of the business is to
own, develop or derive compensation through the sale, exchange or development
of real estate in the county, city or town. Such disclosure shall be filed as a
condition to assuming office or employment, and thereafter shall be filed
annually with the H. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 2 of §2.2-3112 shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes of his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. The officer or employee shall also orally disclose the existence of the interest during each meeting of the governmental or advisory agency at which the transaction is discussed and such disclosure shall be recorded in the minutes of the meeting. I. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 3 of §2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) that a party to the transaction is a client of his firm, (iii) that he does not personally represent or provide services to the client, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. §2.2-3116. Disclosure by certain constitutional officers. For the purposes of this chapter, holders of the
constitutional offices of treasurer, sheriff, attorney for the Commonwealth,
clerk of the circuit court and commissioner of the revenue of each county and
city, shall be deemed to be local officers and shall be required to file with the Commission, as a condition to assuming
office, the Statement of Economic Interests set forth in §
2.2-3117 and thereafter shall file such a statement
semiannually by December 15 for the preceding six-month period complete through
the last day of October and by June 15 for the preceding six-month period
complete through the last day of April. §2.2-3117. Disclosure form. The disclosure form to be used for filings required by subsections A and D of §2.2-3114 and subsections A and E of §2.2-3115 shall be substantially as follows:
DEFINITIONS AND EXPLANATORY MATERIAL. "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. "Close financial association" means an association in which the person filing shares significant financial involvement with an individual and the filer would reasonably be expected to be aware of the individual's business activities and would have access to the necessary records either directly or through the individual. "Close financial association" does not mean an association based on (i) the receipt of retirement benefits or deferred compensation from a business by which the person filing this statement is no longer employed, or (ii) the receipt of compensation for work performed by the person filing as an independent contractor of a business that represents an entity before any state governmental agency when the person filing has had no communications with the state governmental agency. "Contingent liability" means a liability that is not presently fixed or determined, but may become fixed or determined in the future with the occurrence of some certain event. "Gift" means any gratuity, favor, discount,
entertainment, hospitality, loan, forbearance, or other item having monetary
value. It includes services as well as gifts of transportation, local travel,
lodgings and meals, whether provided in-kind, or
by purchase of a ticket, payment in advance or reimbursement after the expense
has been incurred. "Gift" does not include (i) any offer of a ticket,
coupon, or other admission or pass unless the ticket, coupon, admission, or
pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based
scholarship or any other financial aid awarded by a public or private school,
institution of higher education, or other educational program pursuant to such
school, institution, or program's financial aid standards and procedures
applicable to the general public; (iv) unsolicited,
personally-inscribed awards of appreciation or recognition in the form of a
plaque, trophy, wall memento, or similar item that is given in recognition of
public, civic, charitable, or professional service; (v) a
campaign contribution properly received and reported pursuant to Chapter 9.3 (§
24.2-945 et seq.) of Title 24.2; "Immediate family" means (i) a spouse and (ii) any
child TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly. REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information, and belief of the individual filing the Statement as of the date of this report unless otherwise stated. COMPLETE ITEMS 1 THROUGH 10. REFER TO SCHEDULES ONLY IF DIRECTED. You may attach additional explanatory information. 1. Offices and Directorships. Are you or a member of your immediate family a paid officer or paid director of a business? EITHER check NO / / OR check YES / / and complete Schedule A. 2. Personal Liabilities. Do you or a member of your immediate family owe more than $5,000 to any one creditor including contingent liabilities? (Exclude debts to any government and loans secured by recorded liens on property at least equal in value to the loan.) EITHER check NO / / OR check YES / / and complete Schedule B. 3. Securities. Do you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000 invested in one business? Account for mutual funds, limited partnerships and trusts. EITHER check NO / / OR check YES / / and complete Schedule C. 4. Payments for Talks, Meetings, and Publications. During the past six months did you receive in your capacity as an officer or employee of your agency lodging, transportation, money, or anything else of value with a combined value exceeding $200 (i) for a single talk, meeting, or published work or (ii) for a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as an officer or employee of your agency or (b) enhance your knowledge and skills relative to your duties as an officer or employee of your agency? EITHER check NO / / OR check YES / / and complete Schedule D. 5. Gifts. During the past six months did a business, government, or individual other than a relative or personal friend (i) furnish you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnish you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange? Account for entertainment events only if the average value per person attending the event exceeded $50. Account for all business entertainment (except if related to the private profession or occupation of you or the member of your immediate family who received such business entertainment) even if unrelated to your official duties. EITHER check NO / / OR check YES / / and complete Schedule E. 6. Salary and Wages. List each employer that pays you or a member of your immediate family salary or wages in excess of $5,000 annually. (Exclude state or local government or advisory agencies.) If no reportable salary or wages, check here / /. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7. Business Interests. Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $5,000 in a business? EITHER check NO / / OR check YES / / and complete Schedule F. 8. Payments for Representation and Other Services. 8A. Did you represent, excluding activity defined as lobbying in §2.2-419, any businesses before any state governmental agencies, excluding courts or judges, for which you received total compensation during the past six months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers? (Officers and employees of local governmental and advisory agencies do NOT need to answer this question or complete Schedule G-1.) EITHER check NO / / OR check YES / / and complete Schedule G-1. 8B. Subject to the same exceptions as in 8A, did persons with whom you have a close financial association (partners, associates or others) represent, excluding activity defined as lobbying in §2.2-419, any businesses before any state governmental agency for which total compensation was received during the past six months in excess of $1,000? (Officers and employees of local governmental and advisory agencies do NOT need to answer this question or complete Schedule G-2.) EITHER check NO / / OR check YES / / and complete Schedule G-2. 8C. Did you or persons with whom you have a close financial association furnish services to businesses operating in Virginia pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses for which total compensation in excess of $1,000 was received during the past six months? Services reported under this provision shall not include services involving the representation of businesses that are reported under item 8A or 8B. EITHER check NO / / OR check YES / / and complete Schedule G-3. 9. Real Estate. 9A. State Officers and Employees. Do you or a member of your immediate family hold an interest, including a partnership interest, valued at more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust. EITHER check NO / / OR check YES / / and complete Schedule H-1. 9B. Local Officers and Employees. Do you or a member of your immediate family hold an interest, including a partnership interest, or option, easement, or land contract, valued at more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust. EITHER check NO / / OR check YES / / and complete Schedule H-2. 10. Real Estate Contracts with Governmental Agencies. Do you or a member of your immediate family hold an interest valued at more than $5,000 in real estate, including a corporate, partnership, or trust interest, option, easement, or land contract, which real estate is the subject of a contract, whether pending or completed within the past six months, with a governmental agency? If the real estate contract provides for the leasing of the property to a governmental agency, do you or a member of your immediate family hold an interest in the real estate valued at more than $1,000? Account for all such contracts whether or not your interest is reported in Schedule F, H-1, or H-2. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business. EITHER check NO / / OR check YES / / and complete Schedule I. Statements of Economic Interests are open for public inspection. AFFIRMATION BY ALL FILERS. I swear or affirm that the foregoing information is full, true and correct to the best of my knowledge. Signature ...................................................... (Return only if needed to complete Statement.)
NAME ...................................................... SCHEDULE A - OFFICES AND DIRECTORSHIPS. Identify each business of which you or a member of your immediate family is a paid officer or paid director.
SCHEDULE B - PERSONAL LIABILITIES. Report personal liability by checking each category. Report only debts in excess of $5,000. Do not report debts to any government. Do not report loans secured by recorded liens on property at least equal in value to the loan. Report contingent liabilities below and indicate which debts are contingent. 1. My personal debts are as follows:
2. The personal debts of the members of my immediate family are as follows:
SCHEDULE C - SECURITIES. "Securities" INCLUDES stocks, bonds, mutual funds, limited partnerships, and commodity futures contracts. "Securities" EXCLUDES certificates of deposit, money market funds, annuity contracts, and insurance policies. Identify each business or Virginia governmental entity in which you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000. Name each issuer and type of security individually. Do not list U.S. Bonds or other government securities not issued by the Commonwealth of Virginia or its authorities, agencies, or local governments. Do not list organizations that do not do business in this Commonwealth, but most major businesses conduct business in Virginia. Account for securities held in trust. If no reportable securities, check here / /.
SCHEDULE D - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS. List each source from which you received during the past six months in your capacity as an officer or employee of your agency lodging, transportation, money, or any other thing of value with combined value exceeding $200 (i) for your presentation of a single talk, participation in one meeting, or publication of a work or (ii) for your attendance at a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as an officer or employee of your agency or (b) enhance your knowledge and skills relative to your duties as an officer or employee of your agency. Any lodging, transportation, money, or other thing of value received by an officer or employee that does not satisfy the provisions of clause (i), (ii) (a), or (ii) (b) shall be listed as a gift on Schedule E. List payments or reimbursements by an advisory or governmental agency only for meetings or travel outside the Commonwealth. List a payment even if you donated it to charity. Do not list information about a payment if you returned it within 60 days or if you received it from an employer already listed under Item 6 or from a source of income listed on Schedule F. If no payment must be listed, check here / /.
SCHEDULE E - GIFTS. List each business, governmental entity, or individual that, during the past six months, (i) furnished you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnished you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange. List each such gift or event. Do not list entertainment events unless the average value per person attending the event exceeded $50. Do not list business entertainment related to the private profession or occupation of you or the member of your immediate family who received such business entertainment. Do not list gifts or other things of value given by a relative or personal friend for reasons clearly unrelated to your public position. Do not list campaign contributions publicly reported as required by Chapter 9.3 (§24.2-945 et seq.) of Title 24.2 of the Code of Virginia.
SCHEDULE F - BUSINESS INTERESTS. Complete this Schedule for each self-owned or family-owned business (including rental property, a farm, or consulting work), partnership, or corporation in which you or a member of your immediate family, separately or together, own an interest having a value in excess of $5,000. If the enterprise is owned or operated under a trade, partnership, or corporate name, list that name; otherwise, merely explain the nature of the enterprise. If rental property is owned or operated under a trade, partnership, or corporate name, list the name only; otherwise, give the address of each property. Account for business interests held in trust.
SCHEDULE G-1 - PAYMENTS FOR REPRESENTATION BY YOU. List the businesses you represented, excluding activity defined as lobbying in §2.2-419, before any state governmental agency, excluding any court or judge, for which you received total compensation during the past six months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers filed by you. Identify each business, the nature of the representation and the amount received by dollar category from each such business. You may state the type, rather than name, of the business if you are required by law not to reveal the name of the business represented by you. Only STATE officers and employees should complete this Schedule.
If you have received $250,001 or more from a single business within the reporting period, indicate the amount received, rounded to the nearest $10,000.
SCHEDULE G-2 - PAYMENTS FOR REPRESENTATION BY ASSOCIATES. List the businesses that have been represented, excluding activity defined as lobbying in §2.2-419, before any state governmental agency, excluding any court or judge, by persons who are your partners, associates or others with whom you have a close financial association and who received total compensation in excess of $1,000 for such representation during the past six months, excluding representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers filed by your partners, associates or others with whom you have a close financial association. Identify such businesses by type and also name the state governmental agencies before which such person appeared on behalf of such businesses. Only STATE officers and employees should complete this Schedule.
SCHEDULE G-3 - PAYMENTS FOR OTHER SERVICES GENERALLY. Indicate below types of businesses that operate in Virginia to which services were furnished by you or persons with whom you have a close financial association pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses and for which total compensation in excess of $1,000 was received during the past six months. Services reported in this Schedule shall not include services involving the representation of businesses that are reported in Schedule G-1 or G-2. Identify opposite each category of businesses listed below (i) the type of business, (ii) the type of service rendered and (iii) the value by dollar category of the compensation received for all businesses falling within each category.
SCHEDULE H-1 - REAL ESTATE - STATE OFFICERS AND EMPLOYEES. List real estate other than your principal residence in which you or a member of your immediate family holds an interest, including a partnership interest, option, easement, or land contract, valued at more than $5,000. Each parcel shall be listed individually.
SCHEDULE H-2 - REAL ESTATE - LOCAL OFFICERS AND EMPLOYEES. List real estate other than your principal residence in which you or a member of your immediate family holds an interest, including a partnership interest or option, easement, or land contract, valued at more than $5,000. Each parcel shall be listed individually. Also list the names of any co-owners of such property, if applicable.
SCHEDULE I - REAL ESTATE CONTRACTS WITH GOVERNMENTAL AGENCIES. List all contracts, whether pending or completed within the past six months, with a governmental agency for the sale or exchange of real estate in which you or a member of your immediate family holds an interest, including a corporate, partnership or trust interest, option, easement, or land contract, valued at more than $10,000. List all contracts with a governmental agency for the lease of real estate in which you or a member of your immediate family holds such an interest valued at more than $1,000. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business. State officers and employees report contracts with state agencies. Local officers and employees report contracts with local agencies.
§2.2-3118. Disclosure form; certain citizen members. A. The financial disclosure form to be used for filings
required pursuant to subsection B of §2.2-3114 and subsection B of §2.2-3115
shall be filed in accordance with the provisions of § DEFINITIONS AND EXPLANATORY MATERIAL. "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. "Close financial association" means an association in which the person filing shares significant financial involvement with an individual and the filer would reasonably be expected to be aware of the individual's business activities and would have access to the necessary records either directly or through the individual. "Close financial association" does not mean an association based on (i) the receipt of retirement benefits or deferred compensation from a business by which the person filing this statement is no longer employed, or (ii) the receipt of compensation for work performed by the person filing as an independent contractor of a business that represents an entity before any state governmental agency when the person filing has no communications with the state governmental agency. "Contingent liability" means a liability that is not presently fixed or determined, but may become fixed or determined in the future with the occurrence of some certain event. "Immediate family" means (i) a spouse and (ii) any
child "Personal interest" means, for the purposes of this form only, a personal and financial benefit or liability accruing to a filer or a member of his immediate family. Such interest shall exist by reason of (i) ownership in real or personal property, tangible or intangible; (ii) ownership in a business; (iii) income from a business; or (iv) personal liability on behalf of a business; however, unless the ownership interest in a business exceeds three percent of the total equity of the business, or the liability on behalf of a business exceeds three percent of the total assets of the business, or the annual income, and/or property or use of such property, from the business exceeds $10,000 or may reasonably be anticipated to exceed $10,000, such interest shall not constitute a "personal interest."
I. FINANCIAL INTERESTS My personal interests and those of my immediate family are as follows: Include all forms of personal interests held at the time of filing: real estate, stocks, bonds, equity interests in proprietorships and partnerships. You may exclude: 1. Deposits and interest bearing accounts in banks, savings institutions and other institutions accepting such deposits or accounts; 2. Interests in any business, other than a news medium, representing less than three percent of the total equity value of the business; 3. Liability on behalf of any business representing less than three percent of the total assets of such business; and 4. Income (other than from salary) less than $10,000 annually from any business. You need not state the value of any interest. You must state the name or principal business activity of each business in which you have a personal interest. A. My personal interests are: 1. Residence, address, or, if no address, location ........................................ 2. Other real estate, address, or, if no address, location .............................. 3. Name or principal business activity of each business in which stock, bond or equity interest is held ............................................ B. The personal interests of my immediate family are: 1. Real estate, address or, if no address, location ....................................... 2. Name or principal business activity of each business in which stock, bond or equity interest is held ........................................... II. OFFICES, DIRECTORSHIPS AND SALARIED EMPLOYMENTS The paid offices, paid directorships and salaried employments which I hold or which members of my immediate family hold and the businesses from which I or members of my immediate family receive retirement benefits are as follows: (You need not state any dollar amounts.) A. My paid offices, paid directorships and salaried employments are:
B. The paid offices, paid directorships and salaried employments of members of my immediate family are:
III. BUSINESSES TO WHICH SERVICES WERE FURNISHED A. The businesses I have represented, excluding activity defined as lobbying in §2.2-419, before any state governmental agency, excluding any court or judge, for which I have received total compensation in excess of $1,000 during the preceding year, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers, are as follows: Identify businesses by name and name the state governmental agencies before which you appeared on behalf of such businesses.
B. The businesses that, to my knowledge, have been represented, excluding activity defined as lobbying in §2.2-419, before any state governmental agency, excluding any court or judge, by persons with whom I have a close financial association and who received total compensation in excess of $1,000 during the preceding year, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers, are as follows: Identify businesses by type and name the state governmental agencies before which such person appeared on behalf of such businesses.
C. All other businesses listed below that operate in Virginia to which services were furnished pursuant to an agreement between you and such businesses and for which total compensation in excess of $1,000 was received during the preceding year: Check each category of business to which services were furnished.
IV. COMPENSATION FOR EXPENSES The persons, associations, or other sources other than my governmental agency from which I or a member of my immediate family received remuneration in excess of $200 during the preceding year, in cash or otherwise, as honorariums or payment of expenses in connection with my attendance at any meeting or other function to which I was invited in my official capacity are as follows:
B. The provisions of Part III A and B of the disclosure form prescribed by this section shall not be applicable to officers and employees of local governmental and local advisory agencies. C. Except for real estate located within the county, city or town in which the officer or employee serves or a county, city or town contiguous to the county, city or town in which the officer or employee serves, officers and employees of local governmental or advisory agencies shall not be required to disclose under Part I of the form any other interests in real estate. §2.2-3121. Advisory opinions. A. A state officer or employee shall not be prosecuted for a
knowing violation of this chapter if the alleged violation resulted from his
good faith reliance on a written opinion of the Attorney General or the B. A local officer or employee shall not be prosecuted for a
knowing violation of this chapter if the alleged violation resulted from his
good faith reliance on a written opinion of the attorney for the Commonwealth
or the C. If any officer or employee serving at the local level of government is charged with a knowing violation of this chapter, and the alleged violation resulted from his reliance upon a written opinion of his city, county or town attorney, made after a full disclosure of the facts, that such action was not in violation of this chapter, then the officer or employee shall have the right to introduce a copy of the opinion at his trial as evidence that he did not knowingly violate this chapter. §2.2-3131. Exemptions. A. The requirements of §2.2-3130 shall not apply to state filers with a state agency who have taken an equivalent ethics orientation course through another state agency within the time periods set forth in subdivision 1 or 2 of §2.2-3130, as applicable. B. State agencies may jointly conduct and state filers from more than one state agency may jointly attend an orientation course required by §2.2-3128, as long as the course content is relevant to the official duties of the attending state filers. C. Before conducting each orientation course required by §
2.2-3128, state agencies shall consult with the Attorney General and the §30-101. Definitions. As used in this chapter, unless the context requires a different meaning: "Advisory agency" means any board, commission, committee or post which does not exercise any sovereign power or duty, but is appointed by a governmental agency or officer or is created by law for the purpose of making studies or recommendations, or advising or consulting with a governmental agency. "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. "Commission" means the Virginia Independent Commission on Ethics established in Article 10 (§2.2-2537 et seq.) of Chapter 25 of Title 2.2. "Contract" means any agreement to which a governmental agency is a party, or any agreement on behalf of a governmental agency that involves the payment of money appropriated by the General Assembly or a political subdivision, whether or not such agreement is executed in the name of the Commonwealth, or some political subdivision thereof. "Contract" includes a subcontract only when the contract of which it is a part is with the legislator's own governmental agency.
"Financial institution" means any bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, broker-dealer as defined in subsection A of §13.1-501, or investment company or advisor registered under the federal Investment Advisors Act or Investment Company Act of 1940. "Gift" means any gratuity, favor, discount,
entertainment, hospitality, loan, forbearance, or other item having monetary
value. It includes services as well as gifts of transportation, local travel,
lodgings and meals, whether provided in-kind, or
by purchase of a ticket, payment in advance or reimbursement after the expense
has been incurred. "Gift" does not include (i) any offer of a ticket,
coupon, or other admission or pass unless the ticket, coupon, admission, or
pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based
scholarship or any other financial aid awarded by a public or private school,
institution of higher education, or other educational program pursuant to such
school, institution, or program's financial aid standards and procedures
applicable to the general public; (iv) unsolicited,
personally-inscribed awards of appreciation or recognition in the form of a
plaque, trophy, wall memento, or similar item that is given in recognition of
public, civic, charitable, or professional service; (v) a
campaign contribution properly received and reported pursuant to Chapter 9.3 (§
24.2-945 et seq.) of Title 24.2; "Governmental agency" means each component part of the legislative, executive or judicial branches of state and local government, including each office, department, authority, post, commission, committee, and each institution or board created by law to exercise some regulatory or sovereign power or duty as distinguished from purely advisory powers or duties. "Immediate family" means (i) a spouse and (ii) any
child "Legislator" means a member of the General Assembly. "Personal interest" means a financial benefit or liability accruing to a legislator or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property if the ownership interest will consist of clause (i) or (iv). "Personal interest in a contract" means a personal interest that a legislator has in a contract with a governmental agency, whether due to his being a party to the contract or due to a personal interest in a business that is a party to the contract. "Personal interest in a transaction" means a personal interest of a legislator in any matter considered by the General Assembly. Such personal interest exists when an officer or employee or a member of his immediate family has a personal interest in property or a business, or represents or provides services to any individual or business and such property, business or represented or served individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction. A "personal interest in a transaction" exists only if the legislator or member of his immediate family or an individual or business represented or served by the legislator is affected in a way that is substantially different from the general public or from persons comprising a profession, occupation, trade, business or other comparable and generally recognizable class or group of which he or the individual or business he represents or serves is a member. "Transaction" means any matter considered by the General Assembly, whether in a committee, subcommittee, or other entity of the General Assembly or before the General Assembly itself, on which official action is taken or contemplated. §30-103.1. Certain gifts prohibited. A. For purposes of this section: "Intangible gift" means a thing of temporary value or a thing that upon the happening of a certain event or expiration of a given date loses its value. "Intangible gift" includes entertainment, hospitality, a ticket, admission, or pass, transportation, lodgings, and meals that are reportable on Schedule E of the disclosure form prescribed in § 30-111. "Tangible gift" means a thing of value that does not lose its value upon the happening of a certain event or expiration of a given date. "Tangible gift" includes currency, negotiable instruments, securities, stock options, or other financial instruments that are reportable on Schedule E of the disclosure form prescribed in §30-111. "Tangible gift" does not include payments or reimbursements received for any intangible gift. B. A legislator or candidate for the General Assembly required
to file the disclosure form prescribed in §30-111 C. A legislator or candidate for the General Assembly required to file the disclosure form prescribed in §30-111 may accept a tangible or intangible gift, or a combination of tangible or intangible gifts, with a value in excess of the limit prescribed in subsections B, if: 1. The gifts are received while in attendance at a widely attended event. A widely attended event is an event for which there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals from throughout a particular industry or profession or who represent persons interested in a particular issue; or 2. The legislator or candidate has submitted a written request to and has received the written approval of the Commission pursuant to subdivision 1 of §2.2-2544. Gifts received pursuant to this subsection shall be disclosed on the form prescribed in §30-111. For purposes of disclosure of a gift received pursuant to subdivision 1 of this subsection, a gift that is received by a guest invited by the legislator or candidate to attend to the widely attended event, whether or not such guest is accompanied by the legislator or candidate, shall be deemed a gift received by the legislator or candidate. D. The §30-110. Disclosure. A. Every legislator and legislator-elect shall file, as a
condition to assuming office, a disclosure statement of his personal interests
and such other information as is specified on the form set forth in §30-111
and thereafter shall file such a statement semiannually by December 15 for the
preceding six-month period complete through the last day of October and by June
15 for the preceding six-month period complete through the last day of April.
When the filing deadline falls on a Saturday, Sunday, or legal holiday, the
disclosure statement shall be filed on the next day that is not a Saturday,
Sunday, or legal holiday. Disclosure forms shall be provided by the B. Candidates for the General Assembly shall file a disclosure statement of their personal interests as required by §§24.2-500 through 24.2-503. C. Any legislator who has a personal interest in any transaction pending before the General Assembly and who is disqualified from participating in that transaction pursuant to §30-108 and the rules of his house shall disclose his interest in accordance with the applicable rule of his house. §30-111. Disclosure form. A. The disclosure form to be used for filings required by subsections A and B of §30-110 shall be substantially as follows:
DEFINITIONS AND EXPLANATORY MATERIAL. "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. "Close financial association" means an association in which the filer shares significant financial involvement with an individual and the filer would reasonably be expected to be aware of the individual's business activities and would have access to the necessary records either directly or through the individual. "Close financial association" does not mean an association based on (i) the receipt of retirement benefits or deferred compensation from a business by which the legislator is no longer employed, or (ii) the receipt of compensation for work performed by the legislator as an independent contractor of a business that represents an entity before any state governmental agency when the legislator has had no communications with the state governmental agency. "Contingent liability" means a liability that is not presently fixed or determined, but may become fixed or determined in the future with the occurrence of some certain event. "Gift" means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary value. It
includes services as well as gifts of transportation, local travel, lodgings
and meals, whether provided in-kind, or
by purchase of a ticket, payment in advance or reimbursement after the expense
has been incurred. "Gift" does not include (i) any offer of a ticket,
coupon, or other admission or pass unless the ticket, coupon, admission, or
pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based scholarship
or any other financial aid awarded by a public or private school, institution
of higher education, or other educational program pursuant to such school,
institution, or program's financial aid standards and procedures applicable to
the general public; (iv) unsolicited,
personally-inscribed awards of appreciation or recognition in the form of a
plaque, trophy, wall memento, or similar item that is given in recognition of
public, civic, charitable, or professional service; (v) a
campaign contribution properly received and reported pursuant to Chapter 9.3 (§
24.2-945 et seq.) of Title 24.2; "Immediate family" means (i) a spouse and (ii) any
child "Lobbyist relationship" means (i) an engagement, agreement, or representation that relates to legal services, consulting services, or public relations services, whether gratuitous or for compensation, between a member or member-elect and any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth or (ii) a greater than three percent ownership interest by a member or member-elect in a business that employs, or engages as an independent contractor, any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth. The disclosure of a lobbyist relationship shall not (a) constitute a waiver of any attorney-client or other privilege, (b) require a waiver of any attorney-client or other privilege for a third party, or (c) be required where a member or member-elect is employed or engaged by a person and such person also employs or engages a person in a lobbyist relationship so long as the member or member-elect has no financial interest in the lobbyist relationship. TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly. REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information, and belief of the individual filing the Statement as of the date of this report unless otherwise stated. COMPLETE ITEMS 1 THROUGH 11. REFER TO SCHEDULES ONLY IF DIRECTED. You may attach additional explanatory information. 1. Offices and Directorships. Are you or a member of your immediate family a paid officer or paid director of a business? EITHER check NO / / OR check YES / / and complete Schedule A. 2. Personal Liabilities. Do you or a member of your immediate family owe more than $5,000 to any one creditor including contingent liabilities? (Exclude debts to any government and loans secured by recorded liens on property at least equal in value to the loan.) EITHER check NO / / OR check YES / / and complete Schedule B. 3. Securities. Do you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000 invested in one business? Account for mutual funds, limited partnerships and trusts. EITHER check NO / / OR check YES / / and complete Schedule C. 4. Payments for Talks, Meetings, and Publications. During the past six months did you receive in your capacity as a legislator lodging, transportation, money, or anything else of value with a combined value exceeding $200 (i) for a single talk, meeting, or published work or (ii) for a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as a legislator, including issues faced by your constituents, or (b) enhance your knowledge and skills relative to your duties as a legislator? Do not include payments and reimbursements from the Commonwealth for meetings attended in your capacity as a legislator; see Question 11 and Schedule D2 to report such meetings. EITHER check NO / / OR check YES / / and complete Schedule D. 5. Gifts. During the past six months did a business, government, or individual other than a relative or personal friend (i) furnish you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnish you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange? Account for entertainment events only if the average value per person attending the event exceeded $50. Account for all business entertainment (except if related to the private profession or occupation of you or the member of your immediate family who received such business entertainment) even if unrelated to your official duties. EITHER check NO / / OR check YES / / and complete Schedule E. 6. Salary and Wages. List each employer that pays you or a member of your immediate family salary or wages in excess of $5,000 annually. (Exclude any salary received as a member of the General Assembly pursuant to §30-19.11.) If no reportable salary or wages, check here / /. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7. Business Interests and Lobbyist Relationships. 7A. Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $5,000 in a business? EITHER check NO / / OR check YES / / and complete Schedule F-1. 7B. Do you have a lobbyist relationship as that term is defined above? EITHER check NO / / OR check YES / / and complete Schedule F-2. 8. Payments for Representation and Other Services. 8A. Did you represent any businesses before any state governmental agencies, excluding courts or judges, for which you received total compensation during the past six months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers? EITHER check NO / / OR check YES / / and complete Schedule G-1. 8B. Subject to the same exceptions as in 8A, did persons with whom you have a close financial association (partners, associates or others) represent any businesses before any state governmental agency for which total compensation was received during the past six months in excess of $1,000? EITHER check NO / / OR check YES / / and complete Schedule G-2. 8C. Did you or persons with whom you have a close financial association furnish services to businesses operating in Virginia, pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses for which total compensation in excess of $1,000 was received during the past six months? Services reported under this provision shall not include services involving the representation of businesses that are reported under question 8A or 8B above. EITHER check NO / / OR check YES / / and complete Schedule G-3. 9. Real Estate. Do you or a member of your immediate family hold an interest, including a partnership interest, valued at more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust. EITHER check NO / / OR check YES / / and complete Schedule H. 10. Real Estate Contracts with State Governmental Agencies. Do you or a member of your immediate family hold an interest valued at more than $5,000 in real estate, including a corporate, partnership, or trust interest, option, easement, or land contract, which real estate is the subject of a contract, whether pending or completed within the past six months, with a state governmental agency? If the real estate contract provides for the leasing of the property to a state governmental agency, do you or a member of your immediate family hold an interest in the real estate, including a corporate, partnership, or trust interest, option, easement, or land contract valued at more than $1,000? Account for all such contracts whether or not your interest is reported in Schedule F or H. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business. EITHER check NO / / OR check YES / / and complete Schedule I. 11. Payments by the Commonwealth for Meetings. During the past six months did you receive lodging, transportation, money, or anything else of value with a combined value exceeding $200 from the Commonwealth for a single meeting attended out-of-state in your capacity as a legislator? Do not include reimbursements from the Commonwealth for meetings attended in the Commonwealth. EITHER check NO / / OR check YES / / and complete Schedule D-2. For Statements filed in I certify that I completed ethics training as required by § 30-129.1. YES / / or NO / / . Statements of Economic Interests are open for public inspection. AFFIRMATION. In accordance with the rules of the house in which I serve, if I receive a request that this disclosure statement be corrected, augmented, or revised in any respect, I hereby pledge that I shall respond promptly to the request. I understand that if a determination is made that the statement is insufficient, I will satisfy such request or be subjected to disciplinary action of my house. I swear or affirm that the foregoing information is full, true and correct to the best of my knowledge. Signature ________________________________ (Such signature shall be deemed to constitute a valid notarization and shall have the same effect as if performed by a notary public.) (Return only if needed to complete Statement.)
NAME ________________________________ SCHEDULE A - OFFICES AND DIRECTORSHIPS. Identify each business of which you or a member of your immediate family is a paid officer or paid director.
SCHEDULE B - PERSONAL LIABILITIES. Report personal liability by checking each category. Report only debts in excess of $5,000. Do not report debts to any government. Do not report loans secured by recorded liens on property at least equal in value to the loan. Report contingent liabilities below and indicate which debts are contingent. 1. My personal debts are as follows:
2. The personal debts of the members of my immediate family are as follows:
SCHEDULE C - SECURITIES. "Securities" INCLUDES stocks, bonds, mutual funds, limited partnerships, and commodity futures contracts. "Securities" EXCLUDES certificates of deposit, money market funds, annuity contracts, and insurance policies. Identify each business or Virginia governmental entity in which you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000. Name each issuer and type of security individually. Do not list U.S. Bonds or other government securities not issued by the Commonwealth of Virginia or its authorities, agencies, or local governments. Do not list organizations that do not do business in this Commonwealth, but most major businesses conduct business in Virginia. Account for securities held in trust. If no reportable securities, check here / / .
SCHEDULE D-1 - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS. List each source from which you received during the past six months in your capacity as a legislator lodging, transportation, money, or any other thing of value with a combined value exceeding $200 (i) for your presentation of a single talk, participation in one meeting, or publication of a work or (ii) for your attendance at a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as a legislator, including issues faced by your constituents, or (b) enhance your knowledge and skills relative to your duties as a legislator. Any lodging, transportation, money, or other thing of value received by a legislator that does not satisfy the criteria of clause (i), (ii)(a), or (ii)(b) shall be listed as a gift on Schedule E. Do not list payments or reimbursements by the Commonwealth. (See Schedule D-2 for such payments or reimbursements.) List a payment even if you donated it to charity. Do not list information about a payment if you returned it within 60 days or if you received it from an employer already listed under Item 6 or from a source of income listed on Schedule F. If no payment must be listed, check here / /.
SCHEDULE D-2 - PAYMENTS BY THE COMMONWEALTH FOR MEETINGS. List each meeting for which the Commonwealth provided payments or reimbursements during the past six months to you for lodging, transportation, money, or any other thing of value with a combined value exceeding $200 for your participation in your capacity as a legislator. Do not list payments or reimbursements by the Commonwealth for meetings or travel within the Commonwealth. If no payment must be listed, check here / /.
SCHEDULE E - GIFTS. List each business, governmental entity, or individual that, during the past six months, (i) furnished you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnished you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange. List each such gift or event. Do not list entertainment events unless the average value per person attending the event exceeded $50. Do not list business entertainment related to the private profession or occupation of you or the member of your immediate family who received such business entertainment. Do not list gifts or other things of value given by a relative or personal friend for reasons clearly unrelated to your public position. Do not list campaign contributions publicly reported as required by Chapter 9.3 (§24.2-945 et seq.) of Title 24.2 of the Code of Virginia.
SCHEDULE F-1 - BUSINESS INTERESTS. Complete this Schedule for each self-owned or family-owned business (including rental property, a farm, or consulting work), partnership, or corporation in which you or a member of your immediate family, separately or together, own an interest having a value in excess of $5,000. If the enterprise is owned or operated under a trade, partnership, or corporate name, list that name; otherwise, merely explain the nature of the enterprise. If rental property is owned or operated under a trade, partnership, or corporate name, list the name only; otherwise, give the address of each property. Account for business interests held in trust.
SCHEDULE F-2 - LOBBYIST RELATIONSHIPS AND PAYMENTS. Complete this Schedule for each lobbyist relationship with the following: (i) any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth, or (ii) any business in which you have a greater than three percent ownership interest and that business employs, or engages as an independent contractor, any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth.
THE DISCLOSURE OF A LOBBYIST RELATIONSHIP SHALL NOT (I) CONSTITUTE A WAIVER OF ANY ATTORNEY-CLIENT OR OTHER PRIVILEGE, (II) REQUIRE A WAIVER OF ANY ATTORNEY-CLIENT OR OTHER PRIVILEGE FOR A THIRD PARTY, OR (III) BE REQUIRED WHERE A MEMBER OR MEMBER-ELECT IS EMPLOYED OR ENGAGED BY A PERSON AND SUCH PERSON ALSO EMPLOYS OR ENGAGES A PERSON IN A LOBBYIST RELATIONSHIP SO LONG AS THE MEMBER OR MEMBER-ELECT HAS NO FINANCIAL INTEREST IN THE LOBBYIST RELATIONSHIP. SCHEDULE G-1 - PAYMENTS FOR REPRESENTATION BY YOU. List the businesses you represented before any state governmental agency, excluding any court or judge, for which you received total compensation during the past six months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers filed by you. Identify each business, the nature of the representation and the amount received by dollar category from each such business. You may state the type, rather than name, of the business if you are required by law not to reveal the name of the business represented by you.
If you have received $250,001 or more from a single business within the reporting period, indicate the amount received, rounded to the nearest $10,000. Amount Received: ______________. SCHEDULE G-2 - PAYMENTS FOR REPRESENTATION BY ASSOCIATES. List the businesses that have been represented before any state governmental agency, excluding any court or judge, by persons who are your partners, associates or others with whom you have a close financial association and who received total compensation in excess of $1,000 for such representation during the past six months, excluding representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers filed by your partners, associates or others with whom you have a close financial association. Identify such businesses by type and also name the state governmental agencies before which such person appeared on behalf of such businesses.
SCHEDULE G-3 - PAYMENTS FOR OTHER SERVICES GENERALLY. Indicate below types of businesses that operate in Virginia to which services were furnished by you or persons with whom you have a close financial association pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses and for which total compensation in excess of $1,000 was received during the past six months. Services reported in this Schedule shall not include services involving the representation of businesses that are reported in Schedule G-1 or G-2 above. Identify opposite each category of businesses listed below (i) the type of business, (ii) the type of service rendered and (iii) the value by dollar category of the compensation received for all businesses falling within each category.
SCHEDULE H - REAL ESTATE. List real estate other than your principal residence in which you or a member of your immediate family holds an interest, including a partnership interest, option, easement, or land contract, valued at $5,000 or more. Each parcel shall be listed individually.
SCHEDULE I - REAL ESTATE CONTRACTS WITH STATE GOVERNMENTAL AGENCIES. List all contracts, whether pending or completed within the past six months, with a state governmental agency for the sale or exchange of real estate in which you or a member of your immediate family holds an interest, including a corporate, partnership or trust interest, option, easement, or land contract, valued at more than $10,000. List all contracts with a state governmental agency for the lease of real estate in which you or a member of your immediate family holds such an interest valued at more than $1,000. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.
B. Any legislator who makes a knowing misstatement of a material fact on the Statement of Economic Interests shall be subject to disciplinary action for such violations by the house in which the legislator sits. C. The Statement of Economic Interests of all members of each
house shall be reviewed by the D. Ten percent of the membership of a house, on the basis of newly discovered facts, may in writing request the house in which those members sit, in accordance with the rules of that house, to review the Statement of Economic Interests of another member of that house in order to determine the adequacy of his filing. In accordance with the rules of each house, each Statement of Economic Interests shall be promptly reviewed, the adequacy of the filing determined, and notice given in writing to the legislator whose Statement is in issue. Should it be determined that the Statement requires correction, augmentation or revision, the legislator involved shall be directed to make the changes required within such time as shall be set under the rules of each house. If a legislator, after having been notified in writing in accordance with the rules of the house in which he sits that his Statement is inadequate as filed, fails to amend his Statement so as to come into compliance within the time limit set, he shall be subject to disciplinary action by the house in which he sits. No legislator shall vote on any question relating to his own Statement. §30-123. Knowing violation of chapter a misdemeanor. Any legislator who knowingly violates any of the provisions of
Articles 2 through 5 (§§30-102 through 30-111) of this chapter shall be guilty
of a Class 1 misdemeanor. A knowing violation under this section is one in
which the person engages in conduct, performs an act,
or refuses to perform an act when he knows that the conduct is prohibited or
required by this chapter. There shall be no prosecution for a violation of §
30-108 or subsection C of §30-110 unless the §30-124. Advisory opinions. A legislator shall not be prosecuted or disciplined for a
violation of this chapter if his alleged violation resulted from his good faith
reliance on a written opinion of a committee on standards of conduct
established pursuant to §30-120, an opinion of the Attorney General as
provided in §30-122, or a formal opinion of the §30-127. Criminal prosecutions. A. Violations of this chapter may be prosecuted
notwithstanding the jurisdiction of, or any pending proceeding before, the B. Nothing in this chapter shall limit or affect the application of other criminal statutes and penalties as provided in the Code of Virginia, including but not limited to bribery, embezzlement, perjury, conspiracy, fraud, and violations of the Campaign Finance Disclosure Act Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2. §30-129.1. Orientation sessions on ethics and conflicts of interests. The 2. That §§30-112 through 30-119 and Chapter 56 (§§30-355 through 30-358) of Title 30 of the Code of Virginia are repealed. 3. That the initial appointments of nonlegislative citizen members to the Virginia Independent Commission on Ethics shall be staggered as follows: one at-large member for a term of one year and the former member of the House for a term of four years to be appointed by the Speaker of the House of Delegates; one at-large member for a term of two years and the former member of the Senate for a term of three years to be appointed by the Senate Committee on Rules; and the former officer or employee of the executive branch for a term of three years, the former local government officer or employee for a term of two years, one at-large citizen member for a term of one year and one for a term of four years, and the former judge for a term of four years to be appointed by the Governor. 4. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |