SB649: Conflicts of Interests Acts, State and Local Government & General Assembly; establishes Council.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3100, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115 through 2.2-3118.1, 2.2-3121, 2.2-3131, 30-100, 30-101, 30-110, 30-111, 30-112, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council.
[S 649]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3100, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115 through 2.2-3118.1, 2.2-3121, 2.2-3131, 30-100, 30-101, 30-110, 30-111, 30-112, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, 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 State Lottery Department.

"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 sixty 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 $25 $50 or less.

"Immediate family" means (i) the spouse and (ii) any other person child who resides in the same household as the executive or legislative official and who is the a dependent of the official.

"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.

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct; and

11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by its registered lobbyist after the filing of the registration statement.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth on forms provided by the Secretary.

C. The Secretary of the Commonwealth shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council a separate annual semiannual report of expenditures, including gifts, for each principal for whom he lobbies by July 1 December 15 for the preceding six-month period complete through the last day of October and June 15 for the preceding 12-month six-month period complete through April 30 the last day of April.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council, which shall be substantially as follows and shall be accompanied by instructions provided by the Secretary Council.


                     LOBBYIST'S DISCLOSURE STATEMENT
 PART I:
 (1)  PRINCIPAL: .....................................................
      In Part I, item 2a, provide the name of the individual
      authorizing your employment as a lobbyist. The lobbyist filing
      this statement MAY NOT list his name in item 2a. THE INDIVIDUAL
      LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL'S STATEMENT.
 (2a) Name: ..........................................................
 (2b) Permanent Business Address: ....................................
 (2c) Business Telephone: ............................................
 (3)  Provide a list of executive and legislative actions (with as
      much specificity as possible) for which you lobbied and a
      description of activities conducted.
      ................................................................
      ................................................................
      ................................................................
 (4)  INCORPORATED FILINGS: If you are filing an incorporated
      disclosure statement, please complete the following:
      Individual filing financial information: .......................
      Individuals to be included in the filing: ......................
      ................................................................
 (5)  Please indicate which schedules will be attached to your
      disclosure statement:
      [ ] Schedule A: Entertainment Expenses
      [ ] Schedule B: Gifts
      [ ] Schedule C: Other Expenses
 (6)  EXPENDITURE TOTALS:
      a) ENTERTAINMENT .....................................  $ ......
      b) GIFTS .............................................  $ ......
      c) OFFICE EXPENSES ...................................  $ ......
      d c) COMMUNICATIONS ..................................  $ ......
      e d) PERSONAL LIVING AND TRAVEL EXPENSES .............  $ ......
      f e) COMPENSATION OF LOBBYISTS .......................  $ ......
      g f) HONORARIA .......................................  $ ......
      h) REGISTRATION COSTS ................................  $ ......
      i g) OTHER ...........................................  $ ......
      TOTAL ................................................  $ ......
 PART II:
 (1a) NAME OF LOBBYIST: ..............................................
 (1b) Permanent Business Address: ....................................
 (1c) Business Telephone: ............................................
 (2)  As a lobbyist, you are (check one)
      [ ] EMPLOYED (on the payroll of the principal)
      [ ] RETAINED (not on the payroll of the principal, however
          compensated)
      [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
 (3)  List all lobbyists other than yourself who registered to
      represent your principal.
      ................................................................
      ................................................................
      ................................................................
 (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
      provide your job title.
      ................................................................
 PLEASE NOTE: Some lobbyists are not individually compensated for
 lobbying activities. This may occur when several members of a firm
 represent a single principal. The principal, in turn, makes a single
 payment to the firm. If this describes your situation, do not answer
 Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
 (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
      (If you have job responsibilities other than those involving
      lobbying, you may have to prorate to determine the part of your
      salary attributable to your lobbying activities.) Transfer your
      answer to this item to Part I, item 6f 6e.
 (5b) Explain how you arrived at your answer to Part II, item 5a.
      ................................................................
      ................................................................
      ................................................................
 PART III:
 PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
 complete this section.
 (1) List all members of your firm, organization, association,
     corporation, or other entity who furnished lobbying services to
     your principal.
     .................................................................
     .................................................................
     .................................................................
 (2) Indicate the total amount paid to your firm, organization,
     association, corporation or other entity for services rendered.
     Transfer your answer to this item to Part I, item 6f 6e.
                               SCHEDULE A
                         ENTERTAINMENT EXPENSES
 PLEASE NOTE: Any single entertainment event included in the expense
 totals of the principal, with a value greater than $50, should be
 itemized below. Transfer any totals from this schedule to
 Part I, item 6a. (Please duplicate as needed.)
 Date and Location of Event:
 .....................................................................
 .....................................................................
 Description of Event:
 .....................................................................
 .....................................................................
 Total Number of Persons Attending:
 .....................................................................
 Names of Legislative and Executive Officials or Members of Their
 Immediate Families
 Attending: (List names only if the average value
 for each person attending the event was greater than $50.)
 .....................................................................
 .....................................................................
 .....................................................................
 .....................................................................
 Food ......................................................  $ ......
 Beverages .................................................  $ ......
 Transportation of Legislative and Executive Officials or
 Members of Their Immediate Families .......................  $ ......
 Lodging of Legislative and Executive Officials or Members
 of Their Immediate Families ...............................  $ ......
 Performers, Speakers, Etc. ................................  $ ......
 Displays ..................................................  $ ......
 Rentals ...................................................  $ ......
 Service Personnel .........................................  $ ......
 Miscellaneous .............................................  $ ......
 TOTAL .....................................................  $ ......
                               SCHEDULE B
                                 GIFTS
 PLEASE NOTE: Any single gift reported in the expense totals of the
 principal, with a value greater than $50, should be itemized below.
 (Report meals, entertainment and travel under Schedule A.)
 Transfer any totals from this schedule to Part I, item 6b.
 (Please duplicate as needed.)
                                    Name of each
                                    legislative or
                                    executive official
                                    or member of his
                                    immediate family        Cost of
 Date          Description          who is a recipient      individual
 of gift:      of gift:             of a gift:              gift:
 ...........   ..................   .....................   $ ........
 ...........   ..................   .....................   $ ........
 ...........   ..................   .....................   $ ........
 ...........   ..................   .....................   $ ........
 TOTAL COST TO PRINCIPAL ................................   $ ........
                               SCHEDULE C
                             OTHER EXPENSES
 PLEASE NOTE: This section is provided for any lobbying-related
 expenses not covered in Part I, items 6a - 6h 6f. An example of an
 expenditure to be listed on schedule C would be the rental of a
 bill box during the General Assembly session. Transfer the total
 from this schedule to Part I, item 6i 6g. (Please duplicate as needed.)
 DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 TOTAL "OTHER" EXPENSES .............................  $ ..........
 PART IV: STATEMENTS
 Both the lobbyist and principal officer must sign the disclosure
 statement, attesting to its completeness and accuracy. The following
 items are mandatory and if they are not properly completed, the
 entire filing will be rejected and returned to the lobbyist:
 (1) All signatures on the statement must be ORIGINAL in the format
     specified in the instructions provided by the Secretary Council
     that accompany this form. No stamps, or other reproductions of
     the individual's signature will be accepted.
 (2) An individual MAY NOT sign the disclosure statement as lobbyist
     and principal officer.
                          STATEMENT OF LOBBYIST
 I, the undersigned registered lobbyist, do state that the information
 furnished on this disclosure statement and on all accompanying
 attachments required to be made thereto is, to the best of my
 knowledge and belief, complete and accurate.
                                             ........................
                                             Signature of lobbyist
 
                                             ........................
                                             Date 
                         STATEMENT OF PRINCIPAL
 I, the undersigned principal (or an authorized official thereof), do
 state that the information furnished on this disclosure statement
 and on all accompanying attachments required to be made thereto is,
 to the best of my knowledge and belief, complete and accurate.
                                             .......................
                                             Signature of principal
 
                                             .......................
                                             Date 

D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact shall be 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 December 15 November 21 for the preceding 12-month six-month period complete through November 30 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 Secretary Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist's disclosure statement statements required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Secretary and using software meeting standards approved by the Secretary Council pursuant to the provisions of § 30-349. The Secretary may provide software to filers without charge or at a reasonable cost. The Secretary may prescribe the method of execution and certification of electronically filed statements and the procedures for receiving statements in the office of the Secretary.

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.

§ 2.2-3100. Policy; application; construction.

The General Assembly, recognizing that our system of representative government is dependent in part upon (i) citizen legislative members representing fully the public in the legislative process and (ii) its citizens maintaining the highest trust in their public officers and employees, finds and declares that the citizens are entitled to be assured that the judgment of public officers and employees will be guided by a law that defines and prohibits inappropriate conflicts and requires disclosure of economic interests. To that end and for the purpose of establishing a single body of law applicable to all state and local government officers and employees on the subject of conflict of interests, the General Assembly enacts this State and Local Government Conflict of Interests Act so that the standards of conduct for such officers and employees may be uniform throughout the Commonwealth.

This chapter shall supersede all general and special acts and charter provisions which purport to deal with matters covered by this chapter except that the provisions of §§ 15.2-852, 15.2-2287, 15.2-2287.1, and 15.2-2289 and ordinances adopted pursuant thereto shall remain in force and effect. The provisions of this chapter shall be supplemented but not superseded by the provisions on ethics in public contracting in Article 6 (§ 2.2-4367 et seq.) of Chapter 43 of this title and ordinances adopted pursuant to § 2.2-3104.2 regulating receipt of gifts.

The provisions of this chapter do not preclude prosecution for any violation of any criminal law of the Commonwealth, including Articles 2 (Bribery and Related Offenses, § 18.2-438 et seq.) and 3 (Bribery of Public Servants and Party Officials, § 18.2-446 et seq.) of Chapter 10 of Title 18.2, and do not constitute a defense to any prosecution for such a violation.

This chapter shall be liberally construed to accomplish its purpose.

§ 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.

"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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used. "Gift" shall not include; (ii) honorary degrees and presents; (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) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) gifts from relatives or personal friends. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse. For the purpose of this definition, "personal friend" does not include any person that the filer knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in § 2.2-419; (c) for an officer or employee of a local governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; or (d) for an officer or employee of a state governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth. For purposes of this definition, "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.

"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 other person residing child who resides in the same household as the officer or employee, and who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $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 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form.

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 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form.

D. 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.

E. The $250 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.

F. For purposes of this section, "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 Council or Attorney General, as provided in § 2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

§ 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 State 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and such other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 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.

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 State Lottery Board, shall file with the Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January December 15. 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. Nonsalaried citizen members of other boards, commissions and councils, including advisory boards and authorities, may be required to file a disclosure form if so designated by the Governor, in which case the form shall be that set forth in § 2.2-3118.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth Council to each officer and employee so designated, including officers appointed by legislative authorities, not later than November 30 of each year at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the Office office of the Secretary of the Commonwealth Council.

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.

§ 2.2-3115. 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 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.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a statement annually on or before January December 15, unless the governing body of the jurisdiction that appoints the members requires that the members file the form set forth in § 2.2-3117 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.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 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.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 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.

B. Nonsalaried citizen members of local boards, commissions and councils as may be designated by the governing body shall file with the Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January December 15.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council to the clerks of the governing bodies and school boards not later than November 30 of each year at least 30 days prior to the filing deadline, and the clerks of the governing body and school board shall distribute the forms to designated individuals no later than December 10 of each year at least 20 days prior to the filing deadline. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board Virginia Conflict of Interest and Ethics Advisory Council. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city Virginia Conflict of Interest and Ethics Advisory Council.

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 clerk of the governing body of such county, city or town Virginia Conflict of Interest and Ethics Advisory Council on or before January December 15. Such disclosures shall be filed and maintained as public records for five years. Forms for the filing of such reports shall be prepared and distributed by the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council to the clerk of each governing body.

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 the Statement of Economic Interests set forth in § 2.2-3117. These officers shall file statements pursuant to § 2.2-3115 and candidates shall file statements as required by § 24.2-502. These officers shall be subject to the prohibition on certain gifts set forth in subsection B of § 2.2-3103.1.

§ 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:


                        STATEMENT OF ECONOMIC INTERESTS.
 Name ...............................................................
 Office or position held or sought ..................................
 Address ............................................................
 Names of members of immediate family ...............................

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.

"Dependent" means any person, whether or not related by blood or marriage, who receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used. "Gift" shall not include; (ii) honorary degrees and presents; (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) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) gifts from relatives or personal friends. "Relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse. "Personal friend" does not include any person that the filer knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in § 2.2-419; (c) for an officer or employee of a local governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; or (d) for an officer or employee of a state governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth. "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.

"Immediate family" means (i) a spouse and (ii) any other person residing child who resides in the same household as the officer or employee, and who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

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 $10,000 $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 $10,000 $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 12 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 in your capacity as an officer or employee of your agency 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 12 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 by you exceeded $50 in value or (ii) furnish you or a member of your immediate family with gifts or entertainment in any combination and the total value received by you exceeded $100 in total value;, 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 in value. Account for all business entertainment (except if related to your 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 $10,000 $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 $10,000 $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 12 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 12 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 12 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 $10,000 or 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 $10,000 or 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 $10,000 $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 12 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.)


                                     SCHEDULES
                                         to
                           STATEMENT OF ECONOMIC INTERESTS.

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.

_______________________________________________________________________
 
 Name of Business      Address of Business     Position Held and by Whom
 ___________________   _____________________   _________________________
 ___________________   _____________________   _________________________
 ___________________   _____________________   _________________________
 ___________________   _____________________   _________________________
 _______________________________________________________________________
                                                        RETURN TO ITEM 2

SCHEDULE B - PERSONAL LIABILITIES.

Report personal liability by checking each category. Report only debts in excess of $10,000 $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:

_______________________________________________________________________
 
                                                         Check one
        Check                                       $10,001
     appropriate                                     $5,001 to  More than
      categories                                    $50,000     $50,000
 Banks                                            __________   _________
 Savings institutions                             __________   _________
 Other loan or finance companies                  __________   _________
 Insurance companies                              __________   _________
 Stock, commodity or other brokerage companies    __________   _________
 Other businesses:
 (State principal business activity for each
 creditor and its name.)                          __________   _________
                                                  __________   _________
                                                  __________   _________
 Individual creditors:
 (State principal business or occupation of
 each creditor and its name.)                     __________   _________
                                                  __________   _________
                                                  __________   _________
 _______________________________________________________________________

2. The personal debts of the members of my immediate family are as follows:

 _______________________________________________________________________
 
                                                         Check one
        Check                                       $10,001
     appropriate                                     $5,001 to  More than
      categories                                    $50,000     $50,000
 Banks                                            __________   _________
 Savings institutions                             __________   _________
 Other loan or finance companies                  __________   _________
 Insurance companies                              __________   _________
 Stock, commodity or other brokerage companies    __________   _________
 Other businesses:
 (State principal business activity for each
 creditor and its name.)                          __________   _________
                                                  __________   _________
                                                  __________   _________
 Individual creditors:
 (State principal business or occupation of
 each creditor and its name.)                     __________   _________
                                                  __________   _________
                                                  __________   _________
 _______________________________________________________________________
                                                        RETURN TO ITEM 3

SCHEDULE C - SECURITIES.


 "Securities" INCLUDES stocks, bonds,   "Securities" EXCLUDES
  mutual funds, limited partnerships,    certificates of deposit,
  and commodity futures contracts.       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 $10,000 $5,000. Name each entity 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 /  /.

____________________________________________________________________________
 
                                                           Check one
                                                   $10,001
                              Type of Security      $5,001  $50,001    More
                  Type of  (stocks, bonds, mutual     to       to      than
 Name of Issuer   Entity        funds, etc.)       $50,000  $250,000 $250,000
 ______________   _______  _______________________ _______  _______  ________
 ______________   _______  _______________________ _______  _______  ________
 ______________   _______  _______________________ _______  _______  ________
 ______________   _______  _______________________ _______  _______  ________
 ____________________________________________________________________________
                                                             RETURN TO ITEM 4

SCHEDULE D - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS.

List each source from which you received during the past 12 six months in your capacity as an officer or employee of your agency lodging, transportation, money, or any other thing of value (excluding meals or drinks coincident with a meeting) with combined value exceeding $200 (i) for your presentation of a single talk, participation in one meeting, or publication of a work in your capacity as an officer or employee of your agency 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 / /.

__________________________________________________________________________
 
                                                          Type of payment
                                                          (e.g. honoraria,
                                                          travel reimburse-
 Payer        Approximate Value       Circumstances       ment, etc.)
 __________   _____________________   ________________    _________________
 __________   _____________________   ________________    _________________
 __________   _____________________   ________________    _________________
 __________   _____________________   ________________    _________________
 __________________________________________________________________________
                                                           RETURN TO ITEM 5

SCHEDULE E - GIFTS.

List each business, governmental entity, or individual that, during the past 12 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 by you exceeded $50, in value or (ii) furnished you or a member of your immediate family with gifts or entertainment in any combination and the total value received by you exceeded $100 in total value;, 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 in value. Do not list business entertainment related to your 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.

__________________________________________________________________________
 
                Name of Business,    City or      Exact
 Name of        Organization, or     County       Gift or       Approximate
 Recipient      Individual           and State    Event         Value
 ____________   __________________   __________   ___________   ___________
 ____________   __________________   __________   ___________   ___________
 ____________   __________________   __________   ___________   ___________
 ____________   __________________   __________   ___________   ___________
 __________________________________________________________________________
                                                           RETURN TO ITEM 6

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 $10,000 $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.

___________________________________________________________________________
 
 Name of Business,                                        Gross Income
 Corporation,
 Partnership,     City or   Nature of Enterprise           $50,001    More
 Farm; Address of County    (farming, law, rental $50,000     to      than
 Rental Property  and State property, etc.)       or less  $250,000 $250,000
 ________________ _________ _____________________ ________ ________ ________
 ________________ _________ _____________________ ________ ________ ________
 ________________ _________ _____________________ ________ ________ ________
 ________________ _________ _____________________ ________ ________ ________
 ___________________________________________________________________________
                                                            RETURN TO ITEM 8

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 12 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.

_____________________________________________________________________
 
             Pur-                       Amount Received
             pose
 Name  Type  of     Name
 of    of    Repre- of     $1,001  $10,001 $50,001  $100,001  $250,001
 Busi- Busi- senta- Agen-     to      to      to        to      and
 ness  ness  tion   cy     $10,000 $50,000 $100,000 $250,000    over
 _____ _____ ______ ______ _______ _______ ________ _________ ________
 _____ _____ ______ ______ _______ _______ ________ _________ ________
 _____ _____ ______ ______ _______ _______ ________ _________ ________
 _____ _____ ______ ______ _______ _______ ________ _________ ________
 _____________________________________________________________________

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, 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 12 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.

______________________________________________________________
 
 Type of business        Name of state governmental agency
 ____________________    ______________________________________
 ____________________    ______________________________________
 ____________________    ______________________________________
 ____________________    ______________________________________
 ______________________________________________________________

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 12 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.

___________________________________________________________________________
 
                      Check                  Value of Compensation
                      if    Type
                      ser-  of
                      vices ser-
                      were  vice  $1,001  $10,001 $50,001  $100,001 $250,001
                      ren-  ren-    to       to      to       to      and
                      dered dered $10,000 $50,000 $100,000 $250,000   over
 Electric utilities   _____ _____ _______ _______ ________ ________ ________
 Gas utilities        _____ _____ _______ _______ ________ ________ ________
 Telephone utilities  _____ _____ _______ _______ ________ ________ ________
 Water utilities      _____ _____ _______ _______ ________ ________ ________
 Cable television
   companies          _____ _____ _______ _______ ________ ________ ________
 Interstate
   transportation
   companies          _____ _____ _______ _______ ________ ________ ________
 Intrastate
   transportation
   companies          _____ _____ _______ _______ ________ ________ ________
 Oil or gas retail
   companies          _____ _____ _______ _______ ________ ________ ________
 Banks                _____ _____ _______ _______ ________ ________ ________
 Savings institutions _____ _____ _______ _______ ________ ________ ________
 Loan or finance
   companies          _____ _____ _______ _______ ________ ________ ________
 Manufacturing
   companies  (state
   type of product,
   e.g., textile,
   furniture, etc.)   _____ _____ _______ _______ ________ ________ ________
 Mining companies     _____ _____ _______ _______ ________ ________ ________
 Life insurance
   companies          _____ _____ _______ _______ ________ ________ ________
 Casualty insurance
   companies          _____ _____ _______ _______ ________ ________ ________
 Other insurance
   companies          _____ _____ _______ _______ ________ ________ ________
 Retail companies     _____ _____ _______ _______ ________ ________ ________
 Beer, wine or liquor
   companies or
   distributors       _____ _____ _______ _______ ________ ________ ________
 Trade associations   _____ _____ _______ _______ ________ ________ ________
 Professional
   associations       _____ _____ _______ _______ ________ ________ ________
 Associations of
   public employees
   or officials       _____ _____ _______ _______ ________ ________ ________
 Counties, cities
   or towns           _____ _____ _______ _______ ________ ________ ________
 Labor organizations  _____ _____ _______ _______ ________ ________ ________
 Other                _____ _____ _______ _______ ________ ________ ________
 ___________________________________________________________________________
                                                            RETURN TO ITEM 9

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 $10,000 or more than $5,000. Each parcel shall be listed individually.

_________________________________________________________________________
 
                        Describe the type of real
 List each location     estate you own in each      If the real estate is
 (state, and county     location (business, recre-  owned or recorded in
 or city) where you     ational, apartment, com-    a name other than your
 own real estate.       mercial, open land, etc.).  own, list that name.
 _____________________  __________________________  ______________________
 _____________________  __________________________  ______________________
 _____________________  __________________________  ______________________
 _____________________  __________________________  ______________________
 _____________________  __________________________  ______________________
 _________________________________________________________________________

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 $10,000 or more than $5,000. Each parcel shall be listed individually. Also list the names of any co-owners of such property, if applicable.

_________________________________________________________________________
 
                    Describe the type
                    of real estate
                    you own in
                    each location     If the real estate
 List each location (business,        is owned or rec-
 (state, and county recreational,     orded in a name
 or city) where     apartment, com-   other than your    List the names
 you own real       mercial, open     own, list that     of any co-owners,
 estate.            land, etc.).      name.              if applicable.
 __________________ _________________ __________________ _________________
 __________________ _________________ __________________ _________________
 __________________ _________________ __________________ _________________
 __________________ _________________ __________________ _________________
 __________________ _________________ __________________ _________________
 _________________________________________________________________________

SCHEDULE I - REAL ESTATE CONTRACTS WITH GOVERNMENTAL AGENCIES.

List all contracts, whether pending or completed within the past 12 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 or more. 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 or more. 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.

_______________________________________________________________________
 
 List your real estate
 interest and the
 person or entity,
 including the type
 of entity, which
 is party to
 the contract.                                       State the annual
 Describe any                                        income from the
 management role and      List each governmental     contract, and the
 the percentage           agency which is a          amount, if any, of
 ownership                party to the contract      income you or any
 interest you or your     and indicate the           immediate family
 immediate family         county or city where       member derives
 member has in the real   the real estate            annually from the
 estate or entity.        is located.                contract.
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 _______________________________________________________________________

§ 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 signed by the filer either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.) filed in accordance with the provisions of § 30-349. The financial disclosure form 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 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 other person residing child who resides in the same household as the filer, and who is a dependent of the filer or of whom the filer is a dependent.

"Dependent" means any person, whether or not related by blood or marriage, who receives from the filer, or provides to the filer, more than one-half of his financial support.

"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."


 Name ...................................................................
 Office or position held or to be held
 ........................................................................
 Address ................................................................

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:

_____________________________________________________________________
 
         Position held                      Name of business
 _______________________________    __________________________________
 _______________________________    __________________________________
 _______________________________    __________________________________
 _____________________________________________________________________

B. The paid offices, paid directorships and salaried employments of members of my immediate family are:

_____________________________________________________________________
 
         Position held                      Name of business
 _______________________________    __________________________________
 _______________________________    __________________________________
 _______________________________    __________________________________
 _____________________________________________________________________

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.

_____________________________________________________________________
 
     Name of business                Name of governmental agency
 _____________________________       _________________________________
 _____________________________       _________________________________
 _____________________________       _________________________________
 _____________________________________________________________________

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.

_____________________________________________________________________
 
     Type of business              Name of state governmental agency
 ______________________________    ___________________________________
 ______________________________    ___________________________________
 ______________________________    ___________________________________
 _____________________________________________________________________

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.

_____________________________________________________
 
 Electric utilities                         __________
 Gas utilities                              __________
 Telephone utilities                        __________
 Water utilities                            __________
 Cable television companies                 __________
 Intrastate transportation companies        __________
 Interstate transportation companies        __________
 Oil or gas retail companies                __________
 Banks                                      __________
 Savings institutions                       __________
 Loan or finance companies                  __________
 Manufacturing companies (state type
   of product, e.g., textile, furniture,
   etc.)                                    __________
 Mining companies                           __________
 Life insurance companies                   __________
 Casualty insurance companies               __________
 Other insurance companies                  __________
 Retail companies                           __________
 Beer, wine or liquor companies or
   distributors                             __________
 Trade associations                         __________
 Professional associations                  __________
 Associations of public employees or
   officials                                __________
 Counties, cities or towns                  __________
 Labor organizations                        __________
 _____________________________________________________

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:

_______________________________________________________________________
 
                         Description              Amount of remuneration
 Name of Source          of occasion              for each occasion
 _____________________   ______________________   ______________________
 _____________________   ______________________   ______________________
 _____________________   ______________________   ______________________
 _______________________________________________________________________

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.

§ 2.2-3118.1. Special provisions for individuals serving in or seeking multiple positions or offices; reappointees.

A. The filing of a single current statement of economic interests by a state officer or employee required to file the form prescribed in § 2.2-3117 shall suffice for the purposes of this chapter as filing for all state positions or offices held or sought by such individual during a single reporting period. The filing of a single current financial disclosure statement by a state officer or employee required to file the form prescribed in § 2.2-3118 shall suffice for the purposes of this chapter as filing for all state positions or offices held or sought by such individual and requiring the filing of the § 2.2-3118 form during a single reporting period.

B. Any individual who has met the requirement for annually periodically filing a statement provided in § 2.2-3117 or 2.2-3118 shall not be required to file an additional statement upon such individual's reappointment to the same office or position for which he is required to file, provided such reappointment occurs within six months after filing a statement pursuant to § 2.2-3117 and within 12 months after the annual filing a statement pursuant to § 2.2-3118.

§ 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 Virginia Conflict of Interest and Ethics Advisory Council made in response to his written request for such opinion and the opinion was made after a full disclosure of the facts.

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 Council made in response to his written request for such opinion and the opinion was made after a full disclosure of the facts. The written opinion shall be a public record and shall be released upon request.

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 Virginia Conflict of Interest and Ethics Advisory Council regarding appropriate course content.

§ 30-100. Declaration of legislative policy; construction.

The General Assembly, recognizing that our system of representative government is dependent in part upon (i) citizen legislative members representing fully the public in the legislative process and (ii) its citizens maintaining the highest trust in their public officers, finds and declares that the citizens are entitled to be assured that the judgment of the members of the General Assembly will not be compromised or affected by inappropriate conflicts.

The provisions of this chapter do not preclude prosecution for any violation of any criminal law of the Commonwealth, including Articles 2 (Bribery and Related Offenses, § 18.2-438 et seq.) and 3 (Bribery of Public Servants and Party Officials, § 18.2-446 et seq.) of Chapter 10 of Title 18.2, and do not constitute a defense to any prosecution for such a violation.

This chapter shall apply to the members of the General Assembly.

This chapter shall be liberally construed to accomplish its purpose.

§ 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.

"Contract" means any agreement to which a governmental agency is a party, or any agreement on behalf of a governmental agency which 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 of Virginia, 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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used. "Gift" shall not include; (ii) honorary degrees and presents; (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) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) any gift related to the private profession or occupation of a legislator or of a member of his immediate family; or (vi) gifts from relatives or personal friends. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse. For the purpose of this definition, "personal friend" does not include any person that the filer knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth. For purposes of this definition, "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.

"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 other person residing child who resides in the same household as the legislator, and who is a dependent of the legislator or of whom the legislator is a dependent. "Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the legislator, or provides to the legislator, more than one-half of his financial support.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (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 which 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 which 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 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D-1 of such disclosure form. 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.

C. The $250 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.

§ 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 annually on or before January 8 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 clerk of the appropriate house to each legislator and legislator-elect not later than November 30 of each year Virginia Conflict of Interest and Ethics Advisory Council at least 30 days prior to the filing deadline. Members of the Senate shall file their disclosure forms with the Clerk of the Senate and members of the House of Delegates shall file their disclosure forms with the Clerk of the House of Delegates Virginia Conflict of Interest and Ethics Advisory Council. The disclosure forms of the members of the General Assembly shall be maintained as public records for five years in the office of the clerk of the appropriate house Virginia Conflict of Interest and Ethics Advisory Council.

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:


                        STATEMENT OF ECONOMIC INTERESTS.
 Name ....................................................................
 Office or position held or sought .......................................
 Home address Address ....................................................
 Names of members of immediate family ....................................

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.

"Dependent" means any person, whether or not related by blood or marriage, who receives from the legislator, or provides to the legislator, more than one-half of his financial support.

"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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used. "Gift" shall not include; (ii) honorary degrees and presents; (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) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) any gift related to the private profession or occupation of a legislator or of a member of his immediate family; or (vi) gifts from relatives or personal friends. "Relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse. "Personal friend" does not include any person that the filer knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth. "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.

"Immediate family" means (i) a spouse and (ii) any other person residing child who resides in the same household as the legislator, and who is a dependent of the legislator or of whom the legislator is a dependent.

"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 (i) (a) constitute a waiver of any attorney-client or other privilege, (ii) (b) require a waiver of any attorney-client or other privilege for a third party, or (iii) (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 $10,000 $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 $10,000 $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 12 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 in your capacity as a legislator 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 12 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 by you exceeded $50 in value or (ii) furnish you or a member of your immediate family with gifts or entertainment in any combination and the total value received by you exceeded $100 in total value;, 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 in value. Account for all business entertainment (except if related to your 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 $10,000 $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 $10,000 $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 12 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 12 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 12 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 $10,000 or 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 $10,000 $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 12 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 12 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 January 2016 and each two years thereafter, complete the following statement indicating whether you completed the ethics orientation sessions provided pursuant to law:

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.)


 Commonwealth of Virginia
 ________ of ________ to wit:
 The foregoing disclosure form was acknowledged before me
 This ________ day of ____________, 20____, by ______________
                                               Notary Public
 My commission expires ________________________

(Return only if needed to complete Statement.)


                                     SCHEDULES
                                         to
                           STATEMENT OF ECONOMIC INTERESTS.

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.

_______________________________________________________________________
 
 Name of Business      Address of Business     Position Held and by Whom
 ___________________   _____________________   _________________________
 ___________________   _____________________   _________________________
 ___________________   _____________________   _________________________
 ___________________   _____________________   _________________________
 _______________________________________________________________________
                                                        RETURN TO ITEM 2

SCHEDULE B - PERSONAL LIABILITIES.

Report personal liability by checking each category. Report only debts in excess of $10,000 $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:

__________________________________________________________________________
 
                                                           Check one
        Check                                        $10,001
     appropriate                                      $5,001 to   More than
      categories                                     $50,000      $50,000
 Banks                                               __________   _________
 Savings institutions                                __________   _________
 Other loan or finance companies                     __________   _________
 Insurance companies                                 __________   _________
 Stock, commodity or other brokerage
    companies                                        __________   _________
 Other businesses:
 (State principal business activity for each
    creditor and its name.)
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 Individual creditors:
 (State principal business or occupation of
    each creditor and its name.)
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 __________________________________________________________________________

2. The personal debts of the members of my immediate family are as follows:

__________________________________________________________________________
 
                                                           Check one
        Check                                        $10,001
     appropriate                                      $5,001 to   More than
      categories                                     $50,000      $50,000
 Banks                                               __________   _________
 Savings institutions                                __________   _________
 Other loan or finance companies                     __________   _________
 Insurance companies                                 __________   _________
 Stock, commodity or other brokerage
    companies                                        __________   _________
 Other businesses:
 (State principal business activity for each
    creditor and its name.)
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 Individual creditors:
 (State principal business or occupation of
    each creditor and its name.)
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 ____________________________________________        __________   _________
 __________________________________________________________________________
                                                           RETURN TO ITEM 3

SCHEDULE C - SECURITIES.


 "Securities" INCLUDES stocks, bonds,   "Securities" EXCLUDES
  mutual funds, limited partnerships,    certificates of deposit,
  and commodity futures contracts.       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 $10,000 $5,000. Name each entity 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 /  /.

__________________________________________________________________________
 
                                                         Check one
                                               $10,001
                           Type of Security     $5,001    $50,001    More
                 Type of   (stocks, bonds,       to        to        than
 Name of Issuer  Entity   mutual funds, etc.)  $50,000   $250,000  $250,000
 ______________  _______  ___________________  ________  ________  ________
 ______________  _______  ___________________  ________  ________  ________
 ______________  _______  ___________________  ________  ________  ________
 ______________  _______  ___________________  ________  ________  ________
 __________________________________________________________________________
                                                           RETURN TO ITEM 4

SCHEDULE D-1 - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS.

List each source from which you received during the past 12 six months in your capacity as a legislator lodging, transportation, money, or any other thing of value (excluding meals or drinks coincident with a meeting) with a combined value exceeding $200 (i) for your presentation of a single talk, participation in one meeting, or publication of a work in your capacity as a legislator 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 /  /.

__________________________________________________________________________
 
                                                          Type of Payment
                                                          (e.g., Honoraria,
                                                          Travel reimburse-
 Payer               Approximate Value   Circumstances    ment, etc.)
 __________________  __________________  _______________  _________________
 __________________  __________________  _______________  _________________
 __________________  __________________  _______________  _________________
 __________________  __________________  _______________  _________________
 __________________________________________________________________________
                                                           RETURN TO ITEM 5

SCHEDULE D-2 - PAYMENTS BY THE COMMONWEALTH FOR MEETINGS.

List each meeting for which the Commonwealth provided payments or reimbursements during the past 12 six months to you for lodging, transportation, money, or any other thing of value (excluding meals or drinks coincident with a meeting) 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 /  /.

__________________________________________________________________________
 
                                                          Type of Payment
                                                          (e.g., Travel
                                                          reimbursement,
 Payer               Approximate Value   Circumstances    etc.)
 __________________  __________________  _______________  _________________
 __________________  __________________  _______________  _________________
 __________________  __________________  _______________  _________________
 __________________  __________________  _______________  _________________
 __________________________________________________________________________

SCHEDULE E - GIFTS.

List each business, governmental entity, or individual that, during the past 12 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 by you exceeded $50, in value or (ii) furnished you or a member of your immediate family with gifts or entertainment in any combination and the total value received by you exceeded $100 in total value;, 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 in value. Do not list business entertainment related to your 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.

__________________________________________________________________________
 
                Name of Business,    City or      Exact
 Name of        Organization, or     County       Gift or       Approximate
 Recipient      Individual           and State    Event         Value
 ____________   __________________   __________   ___________   ___________
 ____________   __________________   __________   ___________   ___________
 ____________   __________________   __________   ___________   ___________
 ____________   __________________   __________   ___________   ___________
 __________________________________________________________________________
                                                           RETURN TO ITEM 6

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 $10,000 $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.

_________________________________________________________________________
 
 Name of
 Business
 Corporation,
 Partnership,               Nature of                 Gross income
 Farm;                      Enterprise
 Address of       City or   (farming,                   $50,001     More
 Rental           County    law, rental        $50,000    to        than
 Property        and State  property, etc.)    or less  $250,000  $250,000
 ______________  _________  _________________  _______  ________  ________
 ______________  _________  _________________  _______  ________  ________
 ______________  _________  _________________  _______  ________  ________
 ______________  _________  _________________  _______  ________  ________
 _________________________________________________________________________
                                                          RETURN TO ITEM 8

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.

___________________________________________________________________________
 
                                                           Payments to
                                                            Lobbyist
                                                                  More than
 List each person   Describe each   Dates of          $10,000     $10,001
 or business        relationship    relationship      or less     $10,000
 _________________  ______________  ______________  ___________  ___________
 _________________  ______________  ______________  ___________  ___________
 _________________  ______________  ______________  ___________  ___________
 _________________  ______________  ______________  ___________  ___________
 _________________  ______________  ______________  ___________  ___________
 ___________________________________________________________________________

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 12 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.

______________________________________________________________________
 
               Pur-
               pose                           Amount Received
 Name   Type   of
 of     of     Repre- Name   $1,001  $10,001 $50,001  $100,001
 Busi-  Busi-  senta- of       to      to      to       to     $250,001
 ness   ness   tion   Agency $10,000 $50,000 $100,000 $250,000 and over
 ______ ______ ______ ______ _______ _______ ________ ________ ________
 ______ ______ ______ ______ _______ _______ ________ ________ ________
 ______ ______ ______ ______ _______ _______ ________ ________ ________
 ______ ______ ______ ______ _______ _______ ________ ________ ________
 ______________________________________________________________________

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 12 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.

______________________________________________________________________
 
 Type of Business                Name of State Governmental Agency
 _____________________________   ______________________________________
 _____________________________   ______________________________________
 _____________________________   ______________________________________
 _____________________________   ______________________________________
 ______________________________________________________________________

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 12 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.

__________________________________________________________________________
 
                     Check
                     if    Type
                     ser-  of              Value of Compensation
                     vices ser-
                     were  vice  $1,001  $10,001  $50,001 $100,001
                     ren-  ren-    to      to       to      to     $250,001
                     dered dered $10,000 $50,000 $100,000 $250,000 and over
 Electric utilities  _____ _____ _______ _______ ________ ________ ________
 Gas utilities       _____ _____ _______ _______ ________ ________ ________
 Telephone utilities _____ _____ _______ _______ ________ ________ ________
 Water utilities     _____ _____ _______ _______ ________ ________ ________
 Cable television
   companies         _____ _____ _______ _______ ________ ________ ________
 Interstate
   transportation
   companies         _____ _____ _______ _______ ________ ________ ________
 Intrastate
   transportation
   companies         _____ _____ _______ _______ ________ ________ ________
 Oil or gas retail
   companies         _____ _____ _______ _______ ________ ________ ________
 Banks               _____ _____ _______ _______ ________ ________ ________
 Savings
   institutions      _____ _____ _______ _______ ________ ________ ________
 Loan or finance
   companies         _____ _____ _______ _______ ________ ________ ________
 Manufacturing
   companies (state
   type of product,
   e.g., textile,
   furniture, etc.)  _____ _____ _______ _______ ________ ________ ________
 Mining companies    _____ _____ _______ _______ ________ ________ ________
 Life insurance
   companies         _____ _____ _______ _______ ________ ________ ________
 Casualty insurance
   companies         _____ _____ _______ _______ ________ ________ ________
 Other insurance
   companies         _____ _____ _______ _______ ________ ________ ________
 Retail companies    _____ _____ _______ _______ ________ ________ ________
 Beer, wine or
   liquor companies
   or distributors   _____ _____ _______ _______ ________ ________ ________
 Trade associations  _____ _____ _______ _______ ________ ________ ________
 Professional
   associations      _____ _____ _______ _______ ________ ________ ________
 Associations of
   public employees
   or officials      _____ _____ _______ _______ ________ ________ ________
 Counties, cities
   or towns          _____ _____ _______ _______ ________ ________ ________
 Labor organizations _____ _____ _______ _______ ________ ________ ________
 Other               _____ _____ _______ _______ ________ ________ ________
 __________________________________________________________________________
                                                           RETURN TO ITEM 9

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 $10,000 $5,000 or more. Each parcel must shall be listed individually.

________________________________________________________________________
 
                       Describe the type of real
                       estate you own in each
 List the location     location (business,         If the real estate is
 (state, and county    recreational, apartment,    owned or recorded in
 or city where you     commercial, open land,      a name other than your
 own real estate       etc.)                       own, list that name
 ___________________   _________________________   ______________________
 ___________________   _________________________   ______________________
 ___________________   _________________________   ______________________
 ___________________   _________________________   ______________________
 ___________________   _________________________   ______________________
 ________________________________________________________________________
                                                        RETURN TO ITEM 10

SCHEDULE I - REAL ESTATE CONTRACTS WITH STATE GOVERNMENTAL AGENCIES.

List all contracts, whether pending or completed within the past 12 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 or more. 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 or more. 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.

_______________________________________________________________________
 
 List your real
 estate interest and
 the person or entity,
 including the type of
 entity, which is
 party to the contract.                              State the annual
 Describe any                                        income from the
 management role and      List each                  contract, and the
 the percentage           governmental agency        amount, if any, of
 ownership interest       which is a party to        income you or any
 you or your immediate    the contract and           immediate family
 family member has in     indicate the county        member derives
 the real estate          or city where the          annually from
 or entity.               real estate is located.    the contract.
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 ______________________   ________________________   ___________________
 _______________________________________________________________________

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. In accordance with the rules of each house, the The Statement of Economic Interests of all members of each house shall be reviewed by the Council. If a legislator's Statement is found to be inadequate as filed, the legislator shall be notified in writing and directed to file an amended Statement correcting the indicated deficiencies, and a time shall be set within which such amendment shall be filed. If the Statement of Economic Interests, in either its original or amended form, is found to be adequate as filed, the legislator's filing shall be deemed in full compliance with this section as to the information disclosed thereon.

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.

§ 30-112. Senate and House Ethics Advisory Panels; membership; terms; quorum; compensation and expenses.

A. The Senate Ethics Advisory Panel and the House Ethics Advisory Panel are established in the legislative branch of state government. The provisions of §§ 30-112 through 30-119 shall be applicable to each panel.

B. The Senate Ethics Advisory Panel shall be composed of five nonlegislative citizen members: three of whom shall be former members of the Senate; and two of whom shall be citizens of the Commonwealth at large who have not previously held such office. All members of the Panel shall be citizens of the Commonwealth. No member shall engage in activities requiring him to register as a lobbyist under § 2.2-422 during his tenure on the Panel.

The members shall be nominated by the Committee on Rules of the Senate and confirmed by the Senate by a majority vote of (i) the members present of the majority party and (ii) the members present of the minority party. After initial appointments, all appointments shall be for terms of four years each except for unexpired terms. Nominations shall be made so as to assure bipartisan representation on the Panel.

C. The House Ethics Advisory Panel shall be composed of five nonlegislative citizen members: one of whom shall be a retired justice or judge of a court of record; two of whom shall be former members of the House of Delegates; and two of whom shall be citizens of the Commonwealth at large, at least one of whom shall not have previously held such office. All members of the Panel shall be citizens of the Commonwealth. No member shall engage in activities requiring him to register as a lobbyist under § 2.2-422 during his tenure on the Panel.

The members shall be nominated by the Speaker of the House of Delegates and confirmed by the House of Delegates by a majority vote of (i) the members present of the majority party and (ii) the members present of the minority party. After initial appointments, all appointments shall be for terms of four years each except for unexpired terms. Nominations shall be made so as to assure bipartisan representation on the Panel.

D. Each panel shall elect its own chairman and vice-chairman from among its membership.

E. No member shall serve more than three successive four-year terms. Vacancies shall be filled only for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

F. Three members shall constitute a quorum on each panel. A vacancy shall not impair the right of the remaining members to exercise all powers of the Panel. Meetings of each panel shall be held at the call of the chairman or whenever the majority of the members so request.

G. The members of each panel, while serving on the business of the Panel, are performing legislative duties and shall be entitled to the compensation and reimbursement of expenses to which members of the General Assembly are entitled when performing legislative duties pursuant to §§ 2.2-2813, 2.2-2825, and 30-19.12. Funding for the cost of compensation and expenses of the members of the Senate Ethics Advisory Panel shall be provided by the Office of the Clerk of the Senate and the funding for the cost of compensation and expenses of the House Ethics Advisory Panel shall be provided by the Office of the Clerk of the House of Delegates.

§ 30-114. Filing of complaints; procedures; disposition.

A. In response to the signed and sworn complaint of any citizen of the Commonwealth, which is subscribed by the maker as true under penalty of perjury, submitted to the Panel, the Panel shall inquire into any alleged violation of Articles 2 (§ 30-102 et seq.) through 5 (§ 30-109 et seq.) of this chapter by any member of the respective house of the General Assembly in his current term or his immediate prior term. Complaints shall be filed with the Director of the Division of Legislative Services Virginia Conflict of Interest and Ethics Advisory Council, who which shall promptly (i) submit the complaint to the chairman of the appropriate Panel and (ii) forward a copy of the complaint to the legislator named in the complaint. The chairman shall promptly notify the Panel of the complaint. No complaint shall be filed with the Panel 60 or fewer days before a primary election or other nominating event or before a general election in which the cited legislator is running for office, and the Panel shall not accept or act on any complaint received during this period.

B. The Panel shall determine, during its preliminary investigation, whether the facts stated in the complaint taken as true are sufficient to show a violation of Articles 2 (§ 30-102 et seq.) through 5 (§ 30-109 et seq.) of this chapter. If the facts, as stated in the complaint, fail to give rise to such a violation, then the Panel shall dismiss the complaint. If the facts, as stated in the complaint, give rise to such a violation, then the Panel shall request that the complainant appear and testify under oath as to the complaint and the allegations therein. After hearing the testimony and reviewing any other evidence provided by the complainant, the Panel shall dismiss the complaint if the Panel fails to find by a preponderance of the evidence that such violation has occurred. If the Panel finds otherwise, it shall proceed with the inquiry.

C. If after such preliminary investigation, the Panel determines to proceed with an inquiry into the conduct of any legislator, the Panel (i) shall immediately notify in writing the individual who filed the complaint and the cited legislator as to the fact of the inquiry and the charges against the legislator and (ii) shall schedule one or more hearings on the matter. The legislator shall have the right to present evidence, cross-examine witnesses, face and examine the accuser, and be represented by counsel at any hearings. In its discretion, the Panel may grant the legislator any other rights or privileges not specifically enumerated in this subsection. Once the Panel has determined to proceed with an inquiry, its meetings and hearings shall be open to the public.

D. Once the Panel determines to proceed with an inquiry into the conduct of any legislator, the Panel shall complete its investigations and dispose of the matter as provided in § 30-116 notwithstanding the resignation of the legislator during the course of the Panel's proceedings.

§ 30-117. Confidentiality of proceedings.

All proceedings during the investigation of any complaint by the Panel shall be confidential. This rule of confidentiality shall apply to Panel members and their staff and, the Committee on Privileges and Elections and its staff, and the Virginia Conflict of Interest and Ethics Advisory Council.

§ 30-118. Staff for Panel.

The Panel may hire staff and outside counsel to assist the Panel and to conduct examinations of witnesses, subject to the approval of the President Pro Tempore of the Senate for the Senate Ethics Advisory Panel and subject to the approval of the Speaker of the House of Delegates for the House Ethics Advisory Panel. The Panel may have the Director of the Division of Legislative Services, and such additional staff as he may assign, assist the Panel during its preliminary investigation and during its proceedings.

§ 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, or an opinion of the Attorney General as provided in § 30-122, or a formal opinion of the Virginia Conflict of Interest and Ethics Advisory Council established pursuant to § 30-348, and the opinion was made after his full disclosure of the facts.

Article 6.
Ethics Orientation Sessions.

§ 30-129.1. Orientation sessions on ethics and conflicts of interests.

The Virginia Conflict of Interest and Ethics Advisory Council shall conduct an orientation session (i) for new and returning General Assembly members preceding each even-numbered year regular session and (ii) for any new General Assembly member who is elected in a special election and whose term commences after the date of the orientation session provided for in clause (i) and at least six months before the date of the next such orientation session within three months of his election. Attendance at the full orientation session shall be mandatory for newly elected members. Attendance at a refresher session lasting at least two hours shall be mandatory for returning members and may be accomplished by online participation. There shall be no penalty for the failure of a member to attend the full or refresher orientation session, but the member must disclose his attendance pursuant to § 30-111.

§ 30-129.2. Content of orientation sessions.

The orientation session shall provide information and training for the members on ethics and conflicts of interests, on the provisions of the General Assembly Conflicts of Interests Act (§ 30-100 et seq.), on relevant federal law provisions, and on related issues involving lobbying. Refresher sessions may be offered online.

§ 30-129.3. Orientation session preparations.

Those conducting the orientation sessions may call on other agencies in the legislative or executive branches for assistance, may invite experts to assist in the sessions, and shall, upon request of a member who holds a professional license or certification, apply for continuing education credits with the appropriate licensing or certifying entity for the sessions.

CHAPTER 55.
VIRGINIA CONFLICT OF INTEREST AND ETHICS ADVISORY COUNCIL.

§ 30-348. Virginia Conflict of Interest and Ethics Advisory Council; membership; terms; quorum; expenses.

A. The Virginia Conflict of Interest and Ethics Advisory Council (the Council) is hereby created as an advisory council in the legislative branch to encourage and facilitate compliance with 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.) (hereafter the Acts) and the lobbying laws in Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2 (hereafter Article 3).

B. The Council shall consist of 15 members as follows: four members appointed by the Speaker of the House of Delegates, one of whom shall be a member of the House of Delegates, one of whom shall be a former member of the House of Delegates, and two of whom shall be nonlegislative citizen members; four members appointed by the Senate Committee on Rules, one of whom shall be a member of the Senate, one of whom shall be a former member of the Senate, and two of whom shall be nonlegislative citizen members; four members appointed by the Governor, two of whom shall be executive branch employees and two of whom shall be nonlegislative citizen members; one member designated by the Attorney General; one member appointed by the Senate Committee on Rules from a list of three nominees submitted by the Virginia Association of Counties; and one member appointed by the Speaker of the House of Delegates from a list of three nominees submitted by the Virginia Municipal League. All members of the Council are subject to confirmation by the General Assembly by a majority vote in each house of (i) the members present of the majority party and (ii) the members present of the minority party.

C. All appointments following the initial staggering of terms shall be for terms of four years, except that appointments to fill vacancies shall be for the unexpired terms in the same manner as the original appointment. No nonlegislative citizen member shall be eligible to serve for more than two successive four-year terms. However, after the expiration of a term of three years or less, or after the expiration of the remainder of a term to which appointed to fill a vacancy, two additional terms may be served by such member if appointed thereto. Legislative members and other state government officials shall serve terms coincident with their terms of office. Legislative members may be reappointed for successive terms.

D. The members of the Council shall elect from among their membership a chairman and a vice-chairman for two-year terms. The chairman and vice-chairman may not succeed themselves to the same position. The Council shall hold meetings quarterly or upon the call of the chairman. A majority of the Council shall constitute a quorum.

E. Members of the Council 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, 2.2-2825, and 30-19.12, as appropriate. Funding for expenses of the members shall be provided from existing appropriations to the Council.

§ 30-349. Powers and duties of the Council.

The Council shall:

1. Review all disclosure forms filed by lobbyists pursuant to Article 3 and by state and local government officers and employees and legislators pursuant to the Acts. The Council shall review all disclosure forms for completeness, which shall include reviewing the information contained on the face of the form to determine if the disclosure form has been fully completed and comparing the disclosures contained in any disclosure form filed by a lobbyist pursuant to § 2.2-426 with other disclosure forms filed with the Council, and be followed by requests for amendments to ensure the completeness of and correction of errors in the forms, if necessary;

2. Accept any disclosure forms by computer or electronic means in accordance with the standards approved by the Council and using software meeting standards approved by it. The Council shall provide software to 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.), and the procedures for receiving forms in the office of the Council;

3. Beginning July 1, 2015, establish and maintain a searchable electronic database comprising disclosure forms filed pursuant to §§ 2.2-426, 2.2-3117, 2.2-3118, and 30-111. Such database shall be available to the public through the Council's official website;

4. Furnish, upon request, formal advisory opinions or guidelines and other appropriate information, including informal advice, regarding ethics and conflicts issues arising under Article 3 or the Acts to any person or to any agency of state or local government, in an expeditious manner. Informal advice given by the Council is confidential, protected by the attorney-client privilege, and is excluded from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.);

5. Conduct training seminars and educational programs for lobbyists, state and local government officers and employees and 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;

6. 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;

7. Publish such educational materials as it deems appropriate on the provisions of Article 3 and the Acts;

8. Review actions taken in the General Assembly with respect to the discipline of its members for the purpose of offering nonbinding advice;

9. Request from any agency of state or local government such assistance, services, and information as will enable the Council to effectively carry out its responsibilities. Information provided to the Council by an agency of state or local government shall not be released to any other party unless authorized by such agency; and

10. 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.

§ 30-350. Staff.

Staff assistance to the Council shall be provided by the Division of Legislative Services. Staff shall perform those duties assigned to it by the Council, including those duties enumerated in § 30-349.

§ 30-351. Cooperation of agencies of state and local government.

Every department, division, board, bureau, commission, authority, or political subdivision of the Commonwealth shall cooperate with, and provide such assistance to, the Council as the Council may request.

2. That the initial terms of the nonlegislative citizen members and former legislative members of the Virginia Conflict of Interest and Ethics Advisory Council appointed pursuant to this act shall be staggered as follows: (i) two nonlegislative citizen members, one appointed by the Speaker of the House of Delegates and one appointed by the Senate Committee on Rules, for a term of two years; (ii) two nonlegislative citizen members, one appointed by the Speaker of the House of Delegates and one appointed by the Governor, for a term of three years; (iii) two nonlegislative citizen members, one member appointed by the Senate Committee on Rules and one appointed by the Governor, and two former legislative members, one appointed by the Speaker of the House of Delegates and one appointed by the Senate Committee on Rules, for a term of four years; and (iv) the designee of the Attorney General and the appointed representatives of the Virginia Association of Counties and Virginia Municipal League for a term of one year. Thereafter, the terms of members shall be for four years.

3. That, if the General Assembly is not in session when initial appointments to the Virginia Conflict of Interest and Ethics Advisory Council are made, such initial appointments shall be confirmed at the next succeeding regular session of the General Assembly following such appointments and the Council may exercise all powers and perform all duties set forth in this act notwithstanding any provisions of this act requiring confirmation of members appointed to the Council by the General Assembly.

4. That the Virginia Conflict of Interest and Ethics Advisory Council shall promulgate instructions for all filers required to file a disclosure form regarding how to complete and file such forms in accordance with provisions of this act.

5. That the Virginia Conflict of Interest and Ethics Advisory Council shall review the current statutory disclosure forms located at §§ 2.2-426, 2.2-3117, 2.2-3118, and 30-111 of the Code of Virginia and promulgate revised forms consistent with the provisions of this act. The Council shall submit its proposed revised forms to the General Assembly on or before November 15, 2015.

6. That the provisions of this act requiring the filing of disclosure forms with the Virginia Conflict of Interest and Ethics Advisory Council shall become effective on July 1, 2015, and the first of such disclosure forms filed with the Council shall be such disclosure forms required to be filed by December 15, 2015. All filers required to file a disclosure form for any filing period prior to December 15, 2015, shall file such form with the entity currently responsible for accepting such filings in the manner currently accepted by such entity.

7. That the provisions of this act do not affect the requirement that each lobbyist required to file a report of expenditures pursuant to § 2.2-426 of the Code of Virginia shall file such report by July 1, 2014, for the preceding 12-month period complete through the last day of April and shall thereafter follow the semiannual reporting schedule set forth in § 2.2-426.

8. 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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.

9. That, except as provided in the seventh enactment of this act, the filing period for all filers required to file a disclosure form on December 15, 2014, shall consist of January 2014 complete through the last day of October 2014.

 


SENATE BILL NO. 649
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Joint Conference Committee
on March 8, 2014)
(Patrons Prior to Substitute--Senators Norment [SB 652], Alexander [SB 23], Ebbin [SB 265], Edwards [SB 143], Favola [SB 274], McWaters [SB 410], Petersen [SB 218 and SB 219], Smith [SB 20 and SB 21], and Stuart [SB 149])
A BILL to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3100, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115 through 2.2-3118.1, 2.2-3121, 2.2-3131, 30-100, 30-101, 30-110, 30-111, 30-112, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council.

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3100, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115 through 2.2-3118.1, 2.2-3121, 2.2-3131, 30-100, 30-101, 30-110, 30-111, 30-112, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, 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 State Lottery Department.

"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 sixty 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 $25 $50 or less.

"Immediate family" means (i) the spouse and, (ii) any other person child who resides in the same household as the executive or legislative official and who is the a dependent of the official.

"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.

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct; and

11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by its registered lobbyist after the filing of the registration statement.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth on forms provided by the Secretary.

C. The Secretary of the Commonwealth shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council a separate annual semiannual report of expenditures, including gifts, for each principal for whom he lobbies by July 1 December 15 for the preceding six-month period complete through the last day of October and June 15 for the preceding 12-month six-month period complete through April 30 the last day of April.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council, which shall be substantially as follows and shall be accompanied by instructions provided by the Secretary Council.


                     LOBBYIST'S DISCLOSURE STATEMENT
 PART I:
 (1)  PRINCIPAL: .....................................................
      In Part I, item 2a, provide the name of the individual
      authorizing your employment as a lobbyist. The lobbyist filing
      this statement MAY NOT list his name in item 2a. THE INDIVIDUAL
 
     LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL'S STATEMENT.
 (2a) Name: ..........................................................
 (2b) Permanent Business Address: ....................................
 (2c) Business Telephone: ............................................
 (3)  Provide a list of executive and legislative actions (with as
      much specificity as possible) for which you lobbied and a
      description of activities conducted.
      ................................................................
      ................................................................
      ................................................................
 (4)  INCORPORATED FILINGS: If you are filing an incorporated
      disclosure statement, please complete the following:
      Individual filing financial information: .......................
      Individuals to be included in the filing: ......................
      ................................................................
 (5)  Please indicate which schedules will be attached to your
      disclosure statement:
      [ ] Schedule A: Entertainment Expenses
      [ ] Schedule B: Gifts
      [ ] Schedule C: Other Expenses
 (6)  EXPENDITURE TOTALS:
      a) ENTERTAINMENT .....................................  $ ......
      b) GIFTS .............................................  $ ......
      c) OFFICE EXPENSES ...................................  $ ......
      dc) COMMUNICATIONS ...................................  $ ......
      ed) PERSONAL LIVING AND TRAVEL EXPENSES ..............  $ ......
      fe) COMPENSATION OF LOBBYISTS ........................  $ ......
      gf) HONORARIA ........................................  $ ......
      h) REGISTRATION COSTS ................................  $ ......
      ig) OTHER ............................................  $ ......
      TOTAL ................................................  $ ......
 PART II:
 (1a) NAME OF LOBBYIST: ..............................................
 (1b) Permanent Business Address: ....................................
 (1c) Business Telephone: ............................................
 (2)  As a lobbyist, you are (check one)
      [ ] EMPLOYED (on the payroll of the principal)
      [ ] RETAINED (not on the payroll of the principal, however
          compensated)
      [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
 (3)  List all lobbyists other than yourself who registered to
      represent your principal.
      ................................................................
      ................................................................
      ................................................................
 (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
      provide your job title.
      ................................................................
 PLEASE NOTE: Some lobbyists are not individually compensated for
 lobbying activities. This may occur when several members of a firm
 represent a single principal. The principal, in turn, makes a single
 payment to the firm. If this describes your situation, do not answer
 Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
 (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
      (If you have job responsibilities other than those involving
      lobbying, you may have to prorate to determine the part of your
      salary attributable to your lobbying activities.) Transfer your
      answer to this item to Part I, item 6f 6e.
 (5b) Explain how you arrived at your answer to Part II, item 5a.
      ................................................................
      ................................................................
      ................................................................
 PART III:
 PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
 complete this section.
 (1) List all members of your firm, organization, association,
     corporation, or other entity who furnished lobbying services to
     your principal.
     .................................................................
     .................................................................
     .................................................................
 (2) Indicate the total amount paid to your firm, organization,
     association, corporation or other entity for services rendered.
     Transfer your answer to this item to Part I, item 6f 6e.............
                               SCHEDULE A
               ENTERTAINMENT EXPENSES
 PLEASE NOTE: Any single entertainment event included
 in the expense totals of the principal, with a value greater than $50,
 should be itemized below. Transfer any totals from this schedule to
 Part I, item 6a. (Please duplicate as needed.)
 Date and Location of Event:
 .....................................................................
 .....................................................................
 Description of Event:
 .....................................................................
 .....................................................................
 Total Number of Persons Attending:
 .....................................................................
 Names of Legislative and Executive Officials Attending: (List names
 only if the average value for each person attending the event was
 greater than $50.)
 .....................................................................
 .....................................................................
 .....................................................................
 .....................................................................
 Food ......................................................  $ ......
 Beverages .................................................  $ ......
 Transportation of Legislative and Executive Officials .....  $ ......
 Lodging of Legislative and Executive Officials ............  $ ......
 Performers, Speakers, Etc. ................................  $ ......
 Displays ..................................................  $ ......
 Rentals ...................................................  $ ......
 Service Personnel .........................................  $ ......
 Miscellaneous .............................................  $ ......
 TOTAL .....................................................  $ ......
                               SCHEDULE B
                             GIFTS
 PLEASE NOTE: Any single gift reported in the expense totals of the
 principal, with a value greater than $50, should be itemized below.
 (Report meals, entertainment and travel under
 Schedule A.) Transfer any totals from this schedule to Part I,
 item 6b. (Please duplicate as needed.)
                                  Name of each 
                                  legislative or
                                  executive official      Cost of
 Date         Description         who is a recipient      individual
 of gift:     of gift:            of a gift:              gift:
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 TOTAL COST TO PRINCIPAL ...............................  $ ..........
                               SCHEDULE C
                             OTHER EXPENSES
 PLEASE NOTE: This section is provided for any lobbying-related
 expenses not covered in Part I, items 6a - 6h 6f. An example of an
 expenditure to be listed on schedule C would be the rental of a
 bill box during the General Assembly session. Transfer the total
 from this schedule to Part I, item 6i 6g. (Please duplicate as needed.)
 DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 TOTAL "OTHER" EXPENSES .............................  $ ..........
 PART IV: STATEMENTS
 Both the lobbyist and principal officer must sign the disclosure
 statement, attesting to its completeness and accuracy. 
The following
 items are mandatory and if they are not properly completed, the
 entire filing will be rejected and returned to the lobbyist:
 (1) All signatures on the statement must be ORIGINAL in the format
     specified in the instructions provided by the Secretary Council
     that accompany this form. No stamps, or other reproductions of
     the individual's signature will be accepted.
 (2) An individual MAY NOT sign the disclosure statement as lobbyist
     and principal officer.
                          STATEMENT OF LOBBYIST
 I, the undersigned registered lobbyist, do state that the information
 furnished on this disclosure statement and on all accompanying
 attachments required to be made thereto is, to the best of my
 knowledge and belief, complete and accurate.
                                             ........................
                                             Signature of lobbyist
 
                                             ........................
                                             Date 
                         STATEMENT OF PRINCIPAL
 I, the undersigned principal (or an authorized official thereof), do
 state that the information furnished on this disclosure statement
 and on all accompanying attachments required to be made thereto is,
 to the best of my knowledge and belief, complete and accurate.
                                             .......................
                                             Signature of principal
 
                                             .......................
                                             Date 

D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact shall be 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 December 15 November 21 for the preceding 12-month six-month period complete through November 30 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 Secretary Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist's disclosure statement statements required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Secretary and using software meeting standards approved by the Secretary Council pursuant to the provisions of § 30-349. The Secretary may provide software to filers without charge or at a reasonable cost. The Secretary may prescribe the method of execution and certification of electronically filed statements and the procedures for receiving statements in the office of the Secretary.

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.

§ 2.2-3100. Policy; application; construction.

The General Assembly, recognizing that our system of representative government is dependent in part upon (i) citizen legislative members representing fully the public in the legislative process and (ii) its citizens maintaining the highest trust in their public officers and employees, finds and declares that the citizens are entitled to be assured that the judgment of public officers and employees will be guided by a law that defines and prohibits inappropriate conflicts and requires disclosure of economic interests. To that end and for the purpose of establishing a single body of law applicable to all state and local government officers and employees on the subject of conflict of interests, the General Assembly enacts this State and Local Government Conflict of Interests Act so that the standards of conduct for such officers and employees may be uniform throughout the Commonwealth.

This chapter shall supersede all general and special acts and charter provisions which purport to deal with matters covered by this chapter except that the provisions of §§ 15.2-852, 15.2-2287, 15.2-2287.1, and 15.2-2289 and ordinances adopted pursuant thereto shall remain in force and effect. The provisions of this chapter shall be supplemented but not superseded by the provisions on ethics in public contracting in Article 6 (§ 2.2-4367 et seq.) of Chapter 43 of this title and ordinances adopted pursuant to § 2.2-3104.2 regulating receipt of gifts.

The provisions of this chapter do not preclude prosecution for any violation of any criminal law of the Commonwealth, including Articles 2 (Bribery and Related Offenses, § 18.2-438 et seq.) and 3 (Bribery of Public Servants and Party Officials, § 18.2-446 et seq.) of Chapter 10 of Title 18.2, and do not constitute a defense to any prosecution for such a violation.

This chapter shall be liberally construed to accomplish its purpose.

§ 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.

"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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used. "Gift" shall not include; (ii) honorary degrees and presents; (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) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) gifts from relatives or personal friends. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse. For the purpose of this definition, "personal friend" does not include any person that the filer knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in § 2.2-419; (c) for an officer or employee of a local governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; or (d) for an officer or employee of a state governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth. For purposes of this definition, "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.

"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 other person residing child who resides in the same household as the officer or employee, and who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $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 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form. 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.

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 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form.

D. 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.

E. The $250 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.

F. For purposes of this section, "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 Council or Attorney General, as provided in § 2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

§ 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 State 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and such other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 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.

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 State Lottery Board, shall file with the Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January December 15. 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. Nonsalaried citizen members of other boards, commissions and councils, including advisory boards and authorities, may be required to file a disclosure form if so designated by the Governor, in which case the form shall be that set forth in § 2.2-3118.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth Council to each officer and employee so designated, including officers appointed by legislative authorities, not later than November 30 of each year at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the Office office of the Secretary of the Commonwealth Council.

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.


SENATE BILL NO. 649
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 21, 2014)
(Patron Prior to Substitute--Senator Norment [SB 652])
A BILL to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3116, 2.2-3117, 2.2-3118, 2.2-3118.1, 2.2-3121, 2.2-3131, 30-101, 30-110, 30-111, 30-112, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council.

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3116, 2.2-3117, 2.2-3118, 2.2-3118.1, 2.2-3121, 2.2-3131, 30-101, 30-110, 30-111, 30-112, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, 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 State Lottery Department.

"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 sixty 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 $25 $50 or less.

"Immediate family" means (i) the spouse and, (ii) any other person child who resides in the same household as the executive or legislative official and who is the a dependent of the official, and (iii) any person with whom the executive or legislative official is habitually cohabiting.

"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.

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct; and

11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by its registered lobbyist after the filing of the registration statement.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth Council on forms provided by the Secretary Council.

C. The Secretary of the Commonwealth Council shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary Council shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council a separate annual semiannual report of expenditures, including gifts, for each principal for whom he lobbies by July 1 December 15 for the preceding six-month period complete through the last day of October and June 15 for the preceding 12-month six-month period complete through April 30 the last day of April.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council, which shall be substantially as follows and shall be accompanied by instructions provided by the Secretary Council.


                     LOBBYIST'S DISCLOSURE STATEMENT
 PART I:
 (1)  PRINCIPAL: .....................................................
      In Part I, item 2a, provide the name of the individual
      authorizing your employment as a lobbyist. The lobbyist filing
      this statement MAY NOT list his name in item 2a. THE INDIVIDUAL
      LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL'S STATEMENT.

 (2a) Name: ..........................................................
 (2b) Permanent Business Address: ....................................
 (2c) Business Telephone: ............................................
 (3)  Provide a list of executive and legislative actions (with as
      much specificity as possible) for which you lobbied and a
      description of activities conducted.
      ................................................................
      ................................................................
      ................................................................
 (4)  INCORPORATED FILINGS: If you are filing an incorporated
      disclosure statement, please complete the following:
      Individual filing financial information: .......................
      Individuals to be included in the filing: ......................
      ................................................................
 (5)  Please indicate which schedules will be attached to your
      disclosure statement:
      [ ] Schedule A: Entertainment Expenses
      [ ] Schedule B: Gifts
      [ ] Schedule C: Other Expenses
 (6)  EXPENDITURE TOTALS:
      a) ENTERTAINMENT ................  $ ......
      b) GIFTS ....................................  $ ......
      c) OFFICE EXPENSES ...................................  $ ......
      dc) COMMUNICATIONS ....................................  $ ......
      ed) PERSONAL LIVING AND TRAVEL EXPENSES ...............  $ ......
      fe) COMPENSATION OF LOBBYISTS .........................  $ ......
      gf) HONORARIA .........................................  $ ......
      h) REGISTRATION COSTS ................................  $ ......
      ig) OTHER .............................................  $ ......
      TOTAL ................................................  $ ......
 PART II:
 (1a) NAME OF LOBBYIST: ..............................................
 (1b) Permanent Business Address: ....................................
 (1c) Business Telephone: ............................................
 (2)  As a lobbyist, you are (check one)
      [ ] EMPLOYED (on the payroll of the principal)
      [ ] RETAINED (not on the payroll of the principal, however
          compensated)
      [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
 (3)  List all lobbyists other than yourself who registered to
      represent your principal.
      ................................................................
      ................................................................
      ................................................................
 (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
      provide your job title.
      ................................................................
 PLEASE NOTE: Some lobbyists are not individually compensated for
 lobbying activities. This may occur when several members of a firm
 represent a single principal. The principal, in turn, makes a single
 payment to the firm. If this describes your situation, do not answer
 Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
 (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
      (If you have job responsibilities other than those involving
      lobbying, you may have to prorate to determine the part of your
      salary attributable to your lobbying activities.) Transfer your
      answer to this item to Part I, item 6f.
 (5b) Explain how you arrived at your answer to Part II, item 5a.
      ................................................................
      ................................................................
      ................................................................
 PART III:
 PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
 complete this section.
 (1) List all members of your firm, organization, association,
     corporation, or other entity who furnished lobbying services to
     your principal.
     .................................................................
     .................................................................
     .................................................................
 (2) Indicate the total amount paid to your firm, organization,
     association, corporation or other entity for services rendered.
     Transfer your answer to this item to Part I, item 6f.............
                               SCHEDULE A
               ENTERTAINMENT EXPENSES
 PLEASE NOTE: Any single entertainment event included
 in the expense totals of the principal, with a value greater than $50,
 should be itemized below. Transfer any totals from this schedule to
 Part I, item 6a. (Please duplicate as needed.)
 Date and Location of Event:
 .....................................................................
 .....................................................................
 Description of Event:
 .....................................................................
 .....................................................................
 Total Number of Persons Attending:
 .....................................................................
 Names of Legislative and Executive Officials Attending: (List names
 only if the average value for each person attending the event was
 greater than $50.)
 .....................................................................
 .....................................................................
 .....................................................................
 .....................................................................
 Food ......................................................  $ ......
 Beverages .................................................  $ ......
 Transportation of Legislative and Executive Officials .....  $ ......
 Lodging of Legislative and Executive Officials ............  $ ......
 Performers, Speakers, Etc. ................................  $ ......
 Displays ..................................................  $ ......
 Rentals ...................................................  $ ......
 Service Personnel .........................................  $ ......
 Miscellaneous .............................................  $ ......
 TOTAL .....................................................  $ ......
                               SCHEDULE B
                             GIFTS
 PLEASE NOTE: Any single gift reported in the expense totals of the
 principal, with a value greater than $50, should be itemized below.
 (Report meals, entertainment and travel under
 Schedule A.) Transfer any totals from this schedule to Part I,
 item 6b. (Please duplicate as needed.)
                                  Name of each 
                                  legislative or
                                  executive official      Cost of
 Date         Description         who is a recipient      individual
 of gift:     of gift:            of a gift:              gift:
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 TOTAL COST TO PRINCIPAL ...............................  $ ..........
                               SCHEDULE C
                             OTHER EXPENSES
 PLEASE NOTE: This section is provided for any lobbying-related
 expenses not covered in Part I, items 6a - 6h. An example of an
 expenditure to be listed on schedule C would be the rental of a
 bill box during the General Assembly session. Transfer the total
 from this schedule to Part I, item 6i. (Please duplicate as needed.)
 DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 TOTAL "OTHER" EXPENSES .............................  $ ..........
 PART IV: STATEMENTS
 Both the lobbyist and principal officer must sign the disclosure
 statement, attesting to its completeness and accuracy. 
The following
 items are mandatory and if they are not properly completed, the
 entire filing will be rejected and returned to the lobbyist:
 (1) All signatures on the statement must be ORIGINAL in the format
     specified in the instructions provided by the Secretary Council
     that accompany this form. No stamps, or other reproductions of
     the individual's signature will be accepted.
 (2) An individual MAY NOT sign the disclosure statement as lobbyist
     and principal officer.
                          STATEMENT OF LOBBYIST
 I, the undersigned registered lobbyist, do state that the information
 furnished on this disclosure statement and on all accompanying
 attachments required to be made thereto is, to the best of my
 knowledge and belief, complete and accurate.
                                             ........................
                                             Signature of lobbyist
 
                                             ........................
                                             Date 
                         STATEMENT OF PRINCIPAL
 I, the undersigned principal (or an authorized official thereof), do
 state that the information furnished on this disclosure statement
 and on all accompanying attachments required to be made thereto is,
 to the best of my knowledge and belief, complete and accurate.
                                             .......................
                                             Signature of principal
 
                                             .......................
                                             Date 

D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact shall be 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 December 15 November 21 for the preceding 12-month six-month period complete through November 30 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 lobbyists' disclosure statements; database.

A. The Secretary Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist's disclosure statement required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Secretary Council and using software meeting standards approved by the Secretary Council. The Secretary Council may provide software to filers without charge or at a reasonable cost. The Secretary Council may prescribe the method of execution and certification of electronically filed statements and the procedures for receiving statements in the office of the Secretary Council.

B. The Secretary Council 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.

§ 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.

"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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used. "Gift" shall not include; (ii) honorary degrees and presents; (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) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) gifts from relatives or personal friends. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse. For the purpose of this definition, "personal friend" does not include any person that the filer knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in § 2.2-419; (c) for an officer or employee of a local governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; or (d) for an officer or employee of a state governmental or advisory agency, a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth. For purposes of this definition, "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.

"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 other person residing child who resides in the same household as the officer or employee, and who is a dependent of the officer or employee or of whom the officer or employee is a dependent, and (iii) any person with whom the officer or employee is habitually cohabiting.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $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 instrument, security, stock option, or other financial instrument that is 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 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form. 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.

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 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form.

D. 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.

E. The $250 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.

F. For purposes of this section, "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 Council or Attorney General, as provided in § 2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

§ 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 State 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and such other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 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.

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 State Lottery Board, shall file with the Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15. 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. Nonsalaried citizen members of other boards, commissions and councils, including advisory boards and authorities, may be required to file a disclosure form if so designated by the Governor, in which case the form shall be that set forth in § 2.2-3118.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth Council to each officer and employee so designated, including officers appointed by legislative authorities, not later than November 30 of each year at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the Office office of the Secretary of the Commonwealth Council.

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.

§ 2.2-3115. 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 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.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a sta


SENATE BILL NO. 649
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Rules)
(Patrons Prior to Substitute--Senators Norment, Alexander [SB 23], Ebbin [SB 265], Edwards [SB 143], Favola [SB 274], McWaters [SB 410], Petersen [SB 218 and SB 219], Smith [SB 20 and SB 21], and Stuart [SB 149])
Senate Amendments in [ ] -- February 10, 2014
A BILL to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101,  [ 30-103, ] 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council.

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101,  [ 30-103, ] 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, 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 State Lottery Department.

"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 sixty 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 $25 $50 or less.

"Immediate family" means (i) the spouse and (ii) any other person child who resides in the same household as the executive or legislative official and is the dependent of the official.

"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.

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct; and

11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by their registered lobbyist after the filing of the registration statement.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth Council on forms provided by the Secretary Council.

C. The Secretary of the Commonwealth Council shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary Council shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council a separate annual semiannual report of expenditures, including gifts, for each principal for whom he lobbies by July June 1 for the preceding 12-month six-month period complete through April 30 the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council, which shall be substantially as follows and shall be accompanied by instructions provided by the Secretary Council.


                     LOBBYIST'S DISCLOSURE STATEMENT
 PART I:
 (1)  PRINCIPAL: .....................................................
      In Part I, item 2a, provide the name of the individual
      authorizing your employment as a lobbyist. The lobbyist filing
      this statement MAY NOT list his name in item 2a. THE INDIVIDUAL
      LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL'S STATEMENT.
 (2a) Name: ..........................................................
 (2b) Permanent Business Address: ....................................
 (2c) Business Telephone: ............................................
 (3)  Provide a list of executive and legislative actions (with as
      much specificity as possible) for which you lobbied and a
      description of activities conducted.
      ................................................................
      ................................................................
      ................................................................
 (4)  INCORPORATED FILINGS: If you are filing an incorporated
      disclosure statement, please complete the following:
      Individual filing financial information: .......................
      Individuals to be included in the filing: ......................
      ................................................................
 (5)  Please indicate which schedules will be attached to your
      disclosure statement:
      [ ] Schedule A: Entertainment Expenses
      [ ] Schedule B: Gifts
      [ ] Schedule C: Other Expenses
 (6)  EXPENDITURE TOTALS:
      a) ENTERTAINMENT .....................................  $ ......
      b) GIFTS .............................................  $ ......
      c) OFFICE EXPENSES ...................................  $ ......
      d) COMMUNICATIONS ....................................  $ ......
      e) PERSONAL LIVING AND TRAVEL EXPENSES ...............  $ ......
      f) COMPENSATION OF LOBBYISTS .........................  $ ......
      g) HONORARIA .........................................  $ ......
      h) REGISTRATION COSTS ................................  $ ......
      i) OTHER .............................................  $ ......
      TOTAL ................................................  $ ......
 PART II:
 (1a) NAME OF LOBBYIST: ..............................................
 (1b) Permanent Business Address: ....................................
 (1c) Business Telephone: ............................................
 (2)  As a lobbyist, you are (check one)
      [ ] EMPLOYED (on the payroll of the principal)
      [ ] RETAINED (not on the payroll of the principal, however
          compensated)
      [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
 (3)  List all lobbyists other than yourself who registered to
      represent your principal.
      ................................................................
      ................................................................
      ................................................................
 (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
      provide your job title.
      ................................................................
 PLEASE NOTE: Some lobbyists are not individually compensated for
 lobbying activities. This may occur when several members of a firm
 represent a single principal. The principal, in turn, makes a single
 payment to the firm. If this describes your situation, do not answer
 Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
 (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
      (If you have job responsibilities other than those involving
      lobbying, you may have to prorate to determine the part of your
      salary attributable to your lobbying activities.) Transfer your
      answer to this item to Part I, item 6f.
 (5b) Explain how you arrived at your answer to Part II, item 5a.
      ................................................................
      ................................................................
      ................................................................
 PART III:
 PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
 complete this section.
 (1) List all members of your firm, organization, association,
     corporation, or other entity who furnished lobbying services to
     your principal.
     .................................................................
     .................................................................
     .................................................................
 (2) Indicate the total amount paid to your firm, organization,
     association, corporation or other entity for services rendered.
     Transfer your answer to this item to Part I, item 6f.............
                               SCHEDULE A
                         ENTERTAINMENT EXPENSES
 PLEASE NOTE: Any single entertainment event included in the expense
 totals of the principal, with a value greater than $50, should be
 itemized below. Transfer any totals from this schedule to Part I,
 item 6a. (Please duplicate as needed.)
 Date and Location of Event:
 .....................................................................
 .....................................................................
 Description of Event:
 .....................................................................
 .....................................................................
 Total Number of Persons Attending:
 .....................................................................
 Names of Legislative and Executive Officials Attending: (List names
 only if the average value for each person attending the event was
 greater than $50.)
 .....................................................................
 .....................................................................
 .....................................................................
 .....................................................................
 Food ......................................................  $ ......
 Beverages .................................................  $ ......
 Transportation of Legislative and Executive Officials .....  $ ......
 Lodging of Legislative and Executive Officials ............  $ ......
 Performers, Speakers, Etc. ................................  $ ......
 Displays ..................................................  $ ......
 Rentals ...................................................  $ ......
 Service Personnel .........................................  $ ......
 Miscellaneous .............................................  $ ......
 TOTAL .....................................................  $ ......
                               SCHEDULE B
                                  GIFTS
 PLEASE NOTE: Any single gift reported in the expense totals of the
 principal, with a value greater than $50, should be itemized below.
 (Report meals, entertainment and travel under Schedule A.) Transfer
 any totals from this schedule to Part I, item 6b. (Please duplicate
 as needed.)
                                  Name of each 
                                  legislative or
                                  executive official      Cost of
 Date         Description         who is a recipient      individual
 of gift:     of gift:            of a gift:              gift:
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 TOTAL COST TO PRINCIPAL ...............................  $ ..........
                               SCHEDULE C
                             OTHER EXPENSES
 PLEASE NOTE: This section is provided for any lobbying-related
 expenses not covered in Part I, items 6a - 6h. An example of an
 expenditure to be listed on schedule C would be the rental of a
 bill box during the General Assembly session. Transfer the total
 from this schedule to Part I, item 6i. (Please duplicate as needed.)
 DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 TOTAL "OTHER" EXPENSES .............................  $ ..........
 PART IV: STATEMENTS
 Both the lobbyist and principal officer must sign the disclosure
 statement, attesting to its completeness and accuracy. The following
 items are mandatory and if they are not properly completed, the
 entire filing will be rejected and returned to the lobbyist:
 (1) All signatures on the statement must be ORIGINAL in the format
     specified in the instructions provided by the Secretary that
     accompany this form. No stamps, or other reproductions of the
     individual's signature will be accepted.
 (2) An individual MAY NOT sign the disclosure statement as lobbyist
     and principal officer.
                          STATEMENT OF LOBBYIST
 I, the undersigned registered lobbyist, do state that the information
 furnished on this disclosure statement and on all accompanying
 attachments required to be made thereto is, to the best of my
 knowledge and belief, complete and accurate.
                                             ........................
                                             Signature of lobbyist
 
                                             ........................
                                             Date 
                         STATEMENT OF PRINCIPAL
 I, the undersigned principal (or an authorized official thereof), do
 state that the information furnished on this disclosure statement
 and on all accompanying attachments required to be made thereto is,
 to the best of my knowledge and belief, complete and accurate.
                                             .......................
                                             Signature of principal
 
                                             .......................
                                             Date 

D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact shall be 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 December 15 May 10 for the preceding 12-month six-month period complete through November 30 the last day of April and by November 10 for the preceding six-month period complete through the last day of October.

§ 2.2-428. Standards for automated preparation and transmittal of lobbyists' disclosure statements; database.

A. The Secretary Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist's disclosure statement required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Secretary Council and using software meeting standards approved by the Secretary Council. The Secretary Council may provide software to filers without charge or at a reasonable cost. The Secretary Council may prescribe the method of execution and certification of electronically filed statements and the procedures for receiving statements in the office of the Secretary Council.

B. The Secretary Council 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.

§ 2.2-3101. Definitions.

As used in this chapter:

"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.

"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 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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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 § 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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse both tangible and intangible gifts. A "tangible gift" means a physical item, object, currency, or other negotiable instrument of value that upon the happening of a certain event or expiration of a given date retains its form or value. An "intangible gift" means a physical item or object of value that upon the happening of a certain event or expiration of a given date loses its form or value. "Intangible gifts" include, but are not limited to, entertainment, food, and tickets or other access to social or recreational events. A "gift" does not include merit or need-based scholarships.

"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 other person child residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $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 (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. No officer or employee of a state or local governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 shall solicit, accept, or receive within any calendar year any single gift with a value in excess of $250 from any lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4. The provisions of this section apply to gifts reportable on Schedule E-2 of the disclosure form prescribed in § 2.2-3117. The provisions of this section do not apply to items reportable on Schedule D or E-1 of the disclosure form prescribed in § 2.2-3117.

B. The $250 limitation imposed in accordance with this section shall be adjusted by the Virginia Conflict of Interest and Ethics Advisory Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

§ 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 Council or Attorney General, as provided in § 2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

§ 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 State 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and such other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October. 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.

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 State Lottery Board, shall file with the Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15. 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. Nonsalaried citizen members of other boards, commissions and councils, including advisory boards and authorities, may be required to file a disclosure form if so designated by the Governor, in which case the form shall be that set forth in § 2.2-3118.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth Council to each officer and employee so designated, including officers appointed by legislative authorities, not later than November 30 of each year at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the Office office of the Secretary of the Commonwealth Council.

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.

§ 2.2-3115. 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a statement annually on or before January 15, unless the governing body of the jurisdiction that appoints the members requires that the members file the form set forth in § 2.2-3117 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

B. Nonsalaried citizen members of local boards, commissions and councils as may be designated by the governing body shall file with the Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council to the clerks of the governing bodies and school boards not later than November 30 of each year at least 30 days prior to the filing deadline, and the clerks of the governing body and school board shall distribute the forms to designated individuals no later than December 10 of each year at least 20 days prior to the filing deadline. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board Virginia Conflict of Interest and Ethics Advisory Council. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city Virginia Conflict of Interest and Ethics Advisory Council.

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 esta


SENATE BILL NO. 649
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Senator Norment)
on February 4, 2014)
(Patron Prior to Substitute--Senator Norment)
A BILL to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101, 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding sections numbered 16.1-69.9:5, 17.1-300.1, 17.1-400.1, and 17.1-512.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council; limitation on election and appointment of judges.

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101, 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding sections numbered 16.1-69.9:5, 17.1-300.1, 17.1-400.1, and 17.1-512.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, 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 State Lottery Department.

"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 sixty 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 $25 $50 or less.

"Immediate family" means (i) the spouse and (ii) any other person child who resides in the same household as the executive or legislative official and is the dependent of the official.

"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.

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct; and

11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by their registered lobbyist after the filing of the registration statement.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth Council on forms provided by the Secretary Council.

C. The Secretary of the Commonwealth Council shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary Council shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council a separate annual semiannual report of expenditures, including gifts, for each principal for whom he lobbies by July June 1 for the preceding 12-month six-month period complete through April 30 the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council, which shall be substantially as follows and shall be accompanied by instructions provided by the Secretary Council.


                     LOBBYIST'S DISCLOSURE STATEMENT
 PART I:
 (1)  PRINCIPAL: .....................................................
      In Part I, item 2a, provide the name of the individual
      authorizing your employment as a lobbyist. The lobbyist filing
      this statement MAY NOT list his name in item 2a. THE INDIVIDUAL
      LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL'S STATEMENT.
 (2a) Name: ..........................................................
 (2b) Permanent Business Address: ....................................
 (2c) Business Telephone: ............................................
 (3)  Provide a list of executive and legislative actions (with as
      much specificity as possible) for which you lobbied and a
      description of activities conducted.
      ................................................................
      ................................................................
      ................................................................
 (4)  INCORPORATED FILINGS: If you are filing an incorporated
      disclosure statement, please complete the following:
      Individual filing financial information: .......................
      Individuals to be included in the filing: ......................
      ................................................................
 (5)  Please indicate which schedules will be attached to your
      disclosure statement:
      [ ] Schedule A: Entertainment Expenses
      [ ] Schedule B: Gifts
      [ ] Schedule C: Other Expenses
 (6)  EXPENDITURE TOTALS:
      a) ENTERTAINMENT .....................................  $ ......
      b) GIFTS .............................................  $ ......
      c) OFFICE EXPENSES ...................................  $ ......
      d) COMMUNICATIONS ....................................  $ ......
      e) PERSONAL LIVING AND TRAVEL EXPENSES ...............  $ ......
      f) COMPENSATION OF LOBBYISTS .........................  $ ......
      g) HONORARIA .........................................  $ ......
      h) REGISTRATION COSTS ................................  $ ......
      i) OTHER .............................................  $ ......
      TOTAL ................................................  $ ......
 PART II:
 (1a) NAME OF LOBBYIST: ..............................................
 (1b) Permanent Business Address: ....................................
 (1c) Business Telephone: ............................................
 (2)  As a lobbyist, you are (check one)
      [ ] EMPLOYED (on the payroll of the principal)
      [ ] RETAINED (not on the payroll of the principal, however
          compensated)
      [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
 (3)  List all lobbyists other than yourself who registered to
      represent your principal.
      ................................................................
      ................................................................
      ................................................................
 (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
      provide your job title.
      ................................................................
 PLEASE NOTE: Some lobbyists are not individually compensated for
 lobbying activities. This may occur when several members of a firm
 represent a single principal. The principal, in turn, makes a single
 payment to the firm. If this describes your situation, do not answer
 Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
 (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
      (If you have job responsibilities other than those involving
      lobbying, you may have to prorate to determine the part of your
      salary attributable to your lobbying activities.) Transfer your
      answer to this item to Part I, item 6f.
 (5b) Explain how you arrived at your answer to Part II, item 5a.
      ................................................................
      ................................................................
      ................................................................
 PART III:
 PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
 complete this section.
 (1) List all members of your firm, organization, association,
     corporation, or other entity who furnished lobbying services to
     your principal.
     .................................................................
     .................................................................
     .................................................................
 (2) Indicate the total amount paid to your firm, organization,
     association, corporation or other entity for services rendered.
     Transfer your answer to this item to Part I, item 6f.............
                               SCHEDULE A
                         ENTERTAINMENT EXPENSES
 PLEASE NOTE: Any single entertainment event included in the expense
 totals of the principal, with a value greater than $50, should be
 itemized below. Transfer any totals from this schedule to Part I,
 item 6a. (Please duplicate as needed.)
 Date and Location of Event:
 .....................................................................
 .....................................................................
 Description of Event:
 .....................................................................
 .....................................................................
 Total Number of Persons Attending:
 .....................................................................
 Names of Legislative and Executive Officials Attending: (List names
 only if the average value for each person attending the event was
 greater than $50.)
 .....................................................................
 .....................................................................
 .....................................................................
 .....................................................................
 Food ......................................................  $ ......
 Beverages .................................................  $ ......
 Transportation of Legislative and Executive Officials .....  $ ......
 Lodging of Legislative and Executive Officials ............  $ ......
 Performers, Speakers, Etc. ................................  $ ......
 Displays ..................................................  $ ......
 Rentals ...................................................  $ ......
 Service Personnel .........................................  $ ......
 Miscellaneous .............................................  $ ......
 TOTAL .....................................................  $ ......
                               SCHEDULE B
                                  GIFTS
 PLEASE NOTE: Any single gift reported in the expense totals of the
 principal, with a value greater than $50, should be itemized below.
 (Report meals, entertainment and travel under Schedule A.) Transfer
 any totals from this schedule to Part I, item 6b. (Please duplicate
 as needed.)
                                  Name of each 
                                  legislative or
                                  executive official      Cost of
 Date         Description         who is a recipient      individual
 of gift:     of gift:            of a gift:              gift:
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 TOTAL COST TO PRINCIPAL ...............................  $ ..........
                               SCHEDULE C
                             OTHER EXPENSES
 PLEASE NOTE: This section is provided for any lobbying-related
 expenses not covered in Part I, items 6a - 6h. An example of an
 expenditure to be listed on schedule C would be the rental of a
 bill box during the General Assembly session. Transfer the total
 from this schedule to Part I, item 6i. (Please duplicate as needed.)
 DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 TOTAL "OTHER" EXPENSES .............................  $ ..........
 PART IV: STATEMENTS
 Both the lobbyist and principal officer must sign the disclosure
 statement, attesting to its completeness and accuracy. The following
 items are mandatory and if they are not properly completed, the
 entire filing will be rejected and returned to the lobbyist:
 (1) All signatures on the statement must be ORIGINAL in the format
     specified in the instructions provided by the Secretary that
     accompany this form. No stamps, or other reproductions of the
     individual's signature will be accepted.
 (2) An individual MAY NOT sign the disclosure statement as lobbyist
     and principal officer.
                          STATEMENT OF LOBBYIST
 I, the undersigned registered lobbyist, do state that the information
 furnished on this disclosure statement and on all accompanying
 attachments required to be made thereto is, to the best of my
 knowledge and belief, complete and accurate.
                                             ........................
                                             Signature of lobbyist
 
                                             ........................
                                             Date 
                         STATEMENT OF PRINCIPAL
 I, the undersigned principal (or an authorized official thereof), do
 state that the information furnished on this disclosure statement
 and on all accompanying attachments required to be made thereto is,
 to the best of my knowledge and belief, complete and accurate.
                                             .......................
                                             Signature of principal
 
                                             .......................
                                             Date 

D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact shall be 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 December 15 May 10 for the preceding 12-month six-month period complete through November 30 the last day of April and by November 10 for the preceding six-month period complete through the last day of October.

§ 2.2-428. Standards for automated preparation and transmittal of lobbyists' disclosure statements; database.

A. The Secretary Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist's disclosure statement required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Secretary Council and using software meeting standards approved by the Secretary Council. The Secretary Council may provide software to filers without charge or at a reasonable cost. The Secretary Council may prescribe the method of execution and certification of electronically filed statements and the procedures for receiving statements in the office of the Secretary Council.

B. The Secretary Council 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.

§ 2.2-3101. Definitions.

As used in this chapter:

"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.

"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 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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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 § 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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse both tangible and intangible gifts. A "tangible gift" means a physical item, object, currency, or other negotiable instrument of value that upon the happening of a certain event or expiration of a given date retains its form or value. An "intangible gift" means a physical item or object of value that upon the happening of a certain event or expiration of a given date loses its form or value. "Intangible gifts" include, but are not limited to, entertainment, food, and tickets or other access to social or recreational events. A "gift" does not include merit or need-based scholarships.

"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 other person child residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $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 (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. No officer or employee of a state or local governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 shall solicit, accept, or receive within any calendar year any single gift with a value in excess of $250 from any lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4. The provisions of this section apply to gifts reportable on Schedule E-2 of the disclosure form prescribed in § 2.2-3117. The provisions of this section do not apply to items reportable on Schedule D or E-1 of the disclosure form prescribed in § 2.2-3117.

B. The $250 limitation imposed in accordance with this section shall be adjusted by the Virginia Conflict of Interest and Ethics Advisory Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

§ 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 Council or Attorney General, as provided in § 2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

§ 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 State 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and such other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October. 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.

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 State Lottery Board, shall file with the Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15. 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. Nonsalaried citizen members of other boards, commissions and councils, including advisory boards and authorities, may be required to file a disclosure form if so designated by the Governor, in which case the form shall be that set forth in § 2.2-3118.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth Council to each officer and employee so designated, including officers appointed by legislative authorities, not later than November 30 of each year at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the Office office of the Secretary of the Commonwealth Council.

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.

§ 2.2-3115. 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a statement annually on or before January 15, unless the governing body of the jurisdiction that appoints the members requires that the members file the form set forth in § 2.2-3117 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

B. Nonsalaried citizen members of local boards, commissions and councils as may be designated by the governing body shall file with the Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council to the clerks of the governing bodies and school boards not later than November 30 of each year at least 30 days prior to the filing deadline, and the clerks of the governing body and school board shall distribute the forms to designated individuals no later than December 10 of each year at least 20 days prior to the filing deadline. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board Virginia Conflict of Interest and Ethics Advisory Council. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city Virginia Conflict of Interest and Ethics Advisory Council.

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


SENATE BILL NO. 649
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Rules
on January 24, 2014)
(Patrons Prior to Substitute--Senators Norment, Alexander [SB 23], Ebbin [SB 265], Edwards [SB 143], Favola [SB 274], McWaters [SB 410], Petersen [SB 218 and SB 219], Smith [SB 20 and SB 21], and Stuart [SB 149])
A BILL to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101, 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council.

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101, 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, 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 State Lottery Department.

"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 sixty 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 $25 $50 or less.

"Immediate family" means (i) the spouse and (ii) any other person child who resides in the same household as the executive or legislative official and is the dependent of the official.

"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.

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct; and

11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by their registered lobbyist after the filing of the registration statement.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth Council on forms provided by the Secretary Council.

C. The Secretary of the Commonwealth Council shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary Council shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council a separate annual semiannual report of expenditures, including gifts, for each principal for whom he lobbies by July June 1 for the preceding 12-month six-month period complete through April 30 the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council, which shall be substantially as follows and shall be accompanied by instructions provided by the Secretary Council.


                     LOBBYIST'S DISCLOSURE STATEMENT
 PART I:
 (1)  PRINCIPAL: .....................................................
      In Part I, item 2a, provide the name of the individual
      authorizing your employment as a lobbyist. The lobbyist filing
      this statement MAY NOT list his name in item 2a. THE INDIVIDUAL
      LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL'S STATEMENT.
 (2a) Name: ..........................................................
 (2b) Permanent Business Address: ....................................
 (2c) Business Telephone: ............................................
 (3)  Provide a list of executive and legislative actions (with as
      much specificity as possible) for which you lobbied and a
      description of activities conducted.
      ................................................................
      ................................................................
      ................................................................
 (4)  INCORPORATED FILINGS: If you are filing an incorporated
      disclosure statement, please complete the following:
      Individual filing financial information: .......................
      Individuals to be included in the filing: ......................
      ................................................................
 (5)  Please indicate which schedules will be attached to your
      disclosure statement:
      [ ] Schedule A: Entertainment Expenses
      [ ] Schedule B: Gifts
      [ ] Schedule C: Other Expenses
 (6)  EXPENDITURE TOTALS:
      a) ENTERTAINMENT .....................................  $ ......
      b) GIFTS .............................................  $ ......
      c) OFFICE EXPENSES ...................................  $ ......
      d) COMMUNICATIONS ....................................  $ ......
      e) PERSONAL LIVING AND TRAVEL EXPENSES ...............  $ ......
      f) COMPENSATION OF LOBBYISTS .........................  $ ......
      g) HONORARIA .........................................  $ ......
      h) REGISTRATION COSTS ................................  $ ......
      i) OTHER .............................................  $ ......
      TOTAL ................................................  $ ......
 PART II:
 (1a) NAME OF LOBBYIST: ..............................................
 (1b) Permanent Business Address: ....................................
 (1c) Business Telephone: ............................................
 (2)  As a lobbyist, you are (check one)
      [ ] EMPLOYED (on the payroll of the principal)
      [ ] RETAINED (not on the payroll of the principal, however
          compensated)
      [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
 (3)  List all lobbyists other than yourself who registered to
      represent your principal.
      ................................................................
      ................................................................
      ................................................................
 (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
      provide your job title.
      ................................................................
 PLEASE NOTE: Some lobbyists are not individually compensated for
 lobbying activities. This may occur when several members of a firm
 represent a single principal. The principal, in turn, makes a single
 payment to the firm. If this describes your situation, do not answer
 Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
 (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
      (If you have job responsibilities other than those involving
      lobbying, you may have to prorate to determine the part of your
      salary attributable to your lobbying activities.) Transfer your
      answer to this item to Part I, item 6f.
 (5b) Explain how you arrived at your answer to Part II, item 5a.
      ................................................................
      ................................................................
      ................................................................
 PART III:
 PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
 complete this section.
 (1) List all members of your firm, organization, association,
     corporation, or other entity who furnished lobbying services to
     your principal.
     .................................................................
     .................................................................
     .................................................................
 (2) Indicate the total amount paid to your firm, organization,
     association, corporation or other entity for services rendered.
     Transfer your answer to this item to Part I, item 6f.............
                               SCHEDULE A
                         ENTERTAINMENT EXPENSES
 PLEASE NOTE: Any single entertainment event included in the expense
 totals of the principal, with a value greater than $50, should be
 itemized below. Transfer any totals from this schedule to Part I,
 item 6a. (Please duplicate as needed.)
 Date and Location of Event:
 .....................................................................
 .....................................................................
 Description of Event:
 .....................................................................
 .....................................................................
 Total Number of Persons Attending:
 .....................................................................
 Names of Legislative and Executive Officials Attending: (List names
 only if the average value for each person attending the event was
 greater than $50.)
 .....................................................................
 .....................................................................
 .....................................................................
 .....................................................................
 Food ......................................................  $ ......
 Beverages .................................................  $ ......
 Transportation of Legislative and Executive Officials .....  $ ......
 Lodging of Legislative and Executive Officials ............  $ ......
 Performers, Speakers, Etc. ................................  $ ......
 Displays ..................................................  $ ......
 Rentals ...................................................  $ ......
 Service Personnel .........................................  $ ......
 Miscellaneous .............................................  $ ......
 TOTAL .....................................................  $ ......
                               SCHEDULE B
                                  GIFTS
 PLEASE NOTE: Any single gift reported in the expense totals of the
 principal, with a value greater than $50, should be itemized below.
 (Report meals, entertainment and travel under Schedule A.) Transfer
 any totals from this schedule to Part I, item 6b. (Please duplicate
 as needed.)
                                  Name of each 
                                  legislative or
                                  executive official      Cost of
 Date         Description         who is a recipient      individual
 of gift:     of gift:            of a gift:              gift:
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 ...........  ..................  ......................  $ ..........
 TOTAL COST TO PRINCIPAL ...............................  $ ..........
                               SCHEDULE C
                             OTHER EXPENSES
 PLEASE NOTE: This section is provided for any lobbying-related
 expenses not covered in Part I, items 6a - 6h. An example of an
 expenditure to be listed on schedule C would be the rental of a
 bill box during the General Assembly session. Transfer the total
 from this schedule to Part I, item 6i. (Please duplicate as needed.)
 DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 ..................  ................................  $ ..........
 TOTAL "OTHER" EXPENSES .............................  $ ..........
 PART IV: STATEMENTS
 Both the lobbyist and principal officer must sign the disclosure
 statement, attesting to its completeness and accuracy. The following
 items are mandatory and if they are not properly completed, the
 entire filing will be rejected and returned to the lobbyist:
 (1) All signatures on the statement must be ORIGINAL in the format
     specified in the instructions provided by the Secretary that
     accompany this form. No stamps, or other reproductions of the
     individual's signature will be accepted.
 (2) An individual MAY NOT sign the disclosure statement as lobbyist
     and principal officer.
                          STATEMENT OF LOBBYIST
 I, the undersigned registered lobbyist, do state that the information
 furnished on this disclosure statement and on all accompanying
 attachments required to be made thereto is, to the best of my
 knowledge and belief, complete and accurate.
                                             ........................
                                             Signature of lobbyist
 
                                             ........................
                                             Date 
                         STATEMENT OF PRINCIPAL
 I, the undersigned principal (or an authorized official thereof), do
 state that the information furnished on this disclosure statement
 and on all accompanying attachments required to be made thereto is,
 to the best of my knowledge and belief, complete and accurate.
                                             .......................
                                             Signature of principal
 
                                             .......................
                                             Date 

D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact shall be 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 December 15 May 10 for the preceding 12-month six-month period complete through November 30 the last day of April and by November 10 for the preceding six-month period complete through the last day of October.

§ 2.2-428. Standards for automated preparation and transmittal of lobbyists' disclosure statements; database.

A. The Secretary Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist's disclosure statement required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Secretary Council and using software meeting standards approved by the Secretary Council. The Secretary Council may provide software to filers without charge or at a reasonable cost. The Secretary Council may prescribe the method of execution and certification of electronically filed statements and the procedures for receiving statements in the office of the Secretary Council.

B. The Secretary Council 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.

§ 2.2-3101. Definitions.

As used in this chapter:

"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.

"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 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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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 § 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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse both tangible and intangible gifts. A "tangible gift" means a physical item, object, currency, or other negotiable instrument of value that upon the happening of a certain event or expiration of a given date retains its form or value. An "intangible gift" means a physical item or object of value that upon the happening of a certain event or expiration of a given date loses its form or value. "Intangible gifts" include, but are not limited to, entertainment, food, and tickets or other access to social or recreational events. A "gift" does not include merit or need-based scholarships.

"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 other person child residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $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 (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. No officer or employee of a state or local governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 shall solicit, accept, or receive within any calendar year any single gift with a value in excess of $250 from any lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4. The provisions of this section apply to gifts reportable on Schedule E-2 of the disclosure form prescribed in § 2.2-3117. The provisions of this section do not apply to items reportable on Schedule D or E-1 of the disclosure form prescribed in § 2.2-3117.

B. The $250 limitation imposed in accordance with this section shall be adjusted by the Virginia Conflict of Interest and Ethics Advisory Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

§ 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 Council or Attorney General, as provided in § 2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

§ 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 State 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and such other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October. 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.

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 State Lottery Board, shall file with the Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15. 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. Nonsalaried citizen members of other boards, commissions and councils, including advisory boards and authorities, may be required to file a disclosure form if so designated by the Governor, in which case the form shall be that set forth in § 2.2-3118.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth Council to each officer and employee so designated, including officers appointed by legislative authorities, not later than November 30 of each year at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the Office office of the Secretary of the Commonwealth Council.

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.

§ 2.2-3115. 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a statement annually on or before January 15, unless the governing body of the jurisdiction that appoints the members requires that the members file the form set forth in § 2.2-3117 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by June 1 for the preceding six-month period complete through the last day of April and by December 1 for the preceding six-month period complete through the last day of October.

B. Nonsalaried citizen members of local boards, commissions and councils as may be designated by the governing body shall file with the Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council to the clerks of the governing bodies and school boards not later than November 30 of each year at least 30 days prior to the filing deadline, and the clerks of the governing body and school board shall distribute the forms to designated individuals no later than December 10 of each year at least 20 days prior to the filing deadline. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board Virginia Conflict of Interest and Ethics Advisory Council. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city Virginia Conflict of Interest and Ethics Advisory Council.

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 clerk of the governing body of such county,

SENATE BILL NO. 649

Offered January 17, 2014
A BILL to amend and reenact §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101, 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, relating to the State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; establishing the Virginia Conflict of Interest and Ethics Advisory Council.

Patrons-- Norment, Alexander, Black, Carrico, Cosgrove, Edwards, Garrett, Hanger, Locke, Martin, McDougle, McWaters, Newman, Obenshain, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel and Wagner

Referred to Committee on Rules

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115, 2.2-3117, 2.2-3118.1, 2.2-3121, 30-101, 30-110, 30-111, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, 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 State Lottery Department.

"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 sixty 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 $25 $50 or less.

"Immediate family" means (i) the spouse and (ii) any other person child who resides in the same household as the executive or legislative official and is the dependent of the official.

"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.

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct; and

11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by their registered lobbyist after the filing of the registration statement.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth Council on forms provided by the Secretary Council.

C. The Secretary of the Commonwealth Council shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary Council shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council a separate annual semiannual report of expenditures, including gifts, for each principal for whom he lobbies by July April 1 for the preceding 12-month six-month period complete through April 30 the last day of February and by October 1 for the preceding six-month period complete through the last day of August.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council, which shall be substantially as follows and shall be accompanied by instructions provided by the Secretary Council.


                      LOBBYIST'S DISCLOSURE STATEMENT
  PART I:
  (1)  PRINCIPAL: .....................................................
       In Part I, item 2a, provide the name of the individual
       authorizing your employment as a lobbyist. The lobbyist filing
       this statement MAY NOT list his name in item 2a. THE INDIVIDUAL
       LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL'S STATEMENT.
  (2a) Name: ..........................................................
  (2b) Permanent Business Address: ....................................
  (2c) Business Telephone: ............................................
  (3)  Provide a list of executive and legislative actions (with as
       much specificity as possible) for which you lobbied and a
       description of activities conducted.
       ................................................................
       ................................................................
       ................................................................
  (4)  INCORPORATED FILINGS: If you are filing an incorporated
       disclosure statement, please complete the following:
       Individual filing financial information: .......................
       Individuals to be included in the filing: ......................
       ................................................................
  (5)  Please indicate which schedules will be attached to your
       disclosure statement:
       [ ] Schedule A: Entertainment Expenses
       [ ] Schedule B: Gifts
       [ ] Schedule C: Other Expenses
  (6)  EXPENDITURE TOTALS:
       a) ENTERTAINMENT .....................................  $ ......
       b) GIFTS .............................................  $ ......
       c) OFFICE EXPENSES ...................................  $ ......
       d) COMMUNICATIONS ....................................  $ ......
       e) PERSONAL LIVING AND TRAVEL EXPENSES ...............  $ ......
       f) COMPENSATION OF LOBBYISTS .........................  $ ......
       g) HONORARIA .........................................  $ ......
       h) REGISTRATION COSTS ................................  $ ......
       i) OTHER .............................................  $ ......
       TOTAL ................................................  $ ......
  PART II:
  (1a) NAME OF LOBBYIST: ..............................................
  (1b) Permanent Business Address: ....................................
  (1c) Business Telephone: ............................................
  (2)  As a lobbyist, you are (check one)
       [ ] EMPLOYED (on the payroll of the principal)
       [ ] RETAINED (not on the payroll of the principal, however
           compensated)
       [ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
  (3)  List all lobbyists other than yourself who registered to
       represent your principal.
       ................................................................
       ................................................................
       ................................................................
  (4)  If you selected "EMPLOYED" as your answer to Part II, item 2,
       provide your job title.
       ................................................................
  PLEASE NOTE: Some lobbyists are not individually compensated for
  lobbying activities. This may occur when several members of a firm
  represent a single principal. The principal, in turn, makes a single
  payment to the firm. If this describes your situation, do not answer
  Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
  (5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
       (If you have job responsibilities other than those involving
       lobbying, you may have to prorate to determine the part of your
       salary attributable to your lobbying activities.) Transfer your
       answer to this item to Part I, item 6f.
  (5b) Explain how you arrived at your answer to Part II, item 5a.
       ................................................................
       ................................................................
       ................................................................
  PART III:
  PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
  complete this section.
  (1) List all members of your firm, organization, association,
      corporation, or other entity who furnished lobbying services to
      your principal.
      .................................................................
      .................................................................
      .................................................................
  (2) Indicate the total amount paid to your firm, organization,
      association, corporation or other entity for services rendered.
      Transfer your answer to this item to Part I, item 6f.............
                                SCHEDULE A
                          ENTERTAINMENT EXPENSES
  PLEASE NOTE: Any single entertainment event included in the expense
  totals of the principal, with a value greater than $50, should be
  itemized below. Transfer any totals from this schedule to Part I,
  item 6a. (Please duplicate as needed.)
  Date and Location of Event:
  .....................................................................
  .....................................................................
  Description of Event:
  .....................................................................
  .....................................................................
  Total Number of Persons Attending:
  .....................................................................
  Names of Legislative and Executive Officials Attending: (List names
  only if the average value for each person attending the event was
  greater than $50.)
  .....................................................................
  .....................................................................
  .....................................................................
  .....................................................................
  Food ......................................................  $ ......
  Beverages .................................................  $ ......
  Transportation of Legislative and Executive Officials .....  $ ......
  Lodging of Legislative and Executive Officials ............  $ ......
  Performers, Speakers, Etc. ................................  $ ......
  Displays ..................................................  $ ......
  Rentals ...................................................  $ ......
  Service Personnel .........................................  $ ......
  Miscellaneous .............................................  $ ......
  TOTAL .....................................................  $ ......
                                SCHEDULE B
                                   GIFTS
  PLEASE NOTE: Any single gift reported in the expense totals of the
  principal, with a value greater than $50, should be itemized below.
  (Report meals, entertainment and travel under Schedule A.) Transfer
  any totals from this schedule to Part I, item 6b. (Please duplicate
  as needed.)
                                   Name of each 
                                   legislative or
                                   executive official      Cost of
  Date         Description         who is a recipient      individual
  of gift:     of gift:            of a gift:              gift:
  ...........  ..................  ......................  $ ..........
  ...........  ..................  ......................  $ ..........
  ...........  ..................  ......................  $ ..........
  ...........  ..................  ......................  $ ..........
  TOTAL COST TO PRINCIPAL ...............................  $ ..........
                                SCHEDULE C
                              OTHER EXPENSES
  PLEASE NOTE: This section is provided for any lobbying-related
  expenses not covered in Part I, items 6a - 6h. An example of an
  expenditure to be listed on schedule C would be the rental of a
  bill box during the General Assembly session. Transfer the total
  from this schedule to Part I, item 6i. (Please duplicate as needed.)
  DATE OF EXPENSE     DESCRIPTION OF EXPENSE            AMOUNT
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  ..................  ................................  $ ..........
  TOTAL "OTHER" EXPENSES .............................  $ ..........
  PART IV: STATEMENTS
  Both the lobbyist and principal officer must sign the disclosure
  statement, attesting to its completeness and accuracy. The following
  items are mandatory and if they are not properly completed, the
  entire filing will be rejected and returned to the lobbyist:
  (1) All signatures on the statement must be ORIGINAL in the format
      specified in the instructions provided by the Secretary that
      accompany this form. No stamps, or other reproductions of the
      individual's signature will be accepted.
  (2) An individual MAY NOT sign the disclosure statement as lobbyist
      and principal officer.
                           STATEMENT OF LOBBYIST
  I, the undersigned registered lobbyist, do state that the information
  furnished on this disclosure statement and on all accompanying
  attachments required to be made thereto is, to the best of my
  knowledge and belief, complete and accurate.
                                              ........................
                                              Signature of lobbyist
 
                                              ........................
                                              Date 
                          STATEMENT OF PRINCIPAL
  I, the undersigned principal (or an authorized official thereof), do
  state that the information furnished on this disclosure statement
  and on all accompanying attachments required to be made thereto is,
  to the best of my knowledge and belief, complete and accurate.
                                              .......................
                                              Signature of principal
 
                                              .......................
                                              Date 

D. A person who signs the disclosure statement knowing it to contain a material misstatement of fact shall be 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 December 15 March 10 for the preceding 12-month six-month period complete through November 30 the last day of February and by September 10 for the preceding six-month period complete through the last day of August.

§ 2.2-428. Standards for automated preparation and transmittal of lobbyists' disclosure statements; database.

A. The Secretary Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist's disclosure statement required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Secretary Council and using software meeting standards approved by the Secretary Council. The Secretary Council may provide software to filers without charge or at a reasonable cost. The Secretary Council may prescribe the method of execution and certification of electronically filed statements and the procedures for receiving statements in the office of the Secretary Council.

B. The Secretary Council 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.

§ 2.2-3101. Definitions.

As used in this chapter:

"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.

"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 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.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-348.

"Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.

"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 § 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, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse both tangible and intangible gifts. A "tangible gift" means a physical item, object, currency, or other negotiable instrument of value that upon the happening of a certain event or expiration of a given date retains its form or value. An "intangible gift" means a physical item or object of value that upon the happening of a certain event or expiration of a given date loses its form or value. "Intangible gifts" include, but are not limited to, entertainment, food, and tickets or other access to social or recreational events.

"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 other person child residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent.

"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, $10,000 $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, $10,000 $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 $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 (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. No officer or employee of a state or local governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 shall solicit, accept, or receive within any calendar year any single gift with a value in excess of $250 from any lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4. The provisions of this section apply to gifts reportable on Schedule E-2 of the disclosure form prescribed in § 2.2-3117. The provisions of this section do not apply to items reportable on Schedule D or E-1 of the disclosure form prescribed in § 2.2-3117.

B. The $250 limitation imposed in accordance with this section shall be adjusted by the Virginia Conflict of Interest and Ethics Advisory Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

§ 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 Council or Attorney General, as provided in § 2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

§ 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 State 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and such other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by April 1 for the preceding six-month period complete through the last day of February and by October 1 for the preceding six-month period complete through the last day of August. 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.

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 State Lottery Board, shall file with the Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15. 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. Nonsalaried citizen members of other boards, commissions and councils, including advisory boards and authorities, may be required to file a disclosure form if so designated by the Governor, in which case the form shall be that set forth in § 2.2-3118.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth Council to each officer and employee so designated, including officers appointed by legislative authorities, not later than November 30 of each year at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the Office office of the Secretary of the Commonwealth Council.

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.

§ 2.2-3115. 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 Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by April 1 for the preceding six-month period complete through the last day of February and by October 1 for the preceding six-month period complete through the last day of August.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a statement annually on or before January 15, unless the governing body of the jurisdiction that appoints the members requires that the members file the form set forth in § 2.2-3117 semiannually by April 1 for the preceding six-month period complete through the last day of February and by October 1 for the preceding six-month period complete through the last day of August.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by April 1 for the preceding six-month period complete through the last day of February and by October 1 for the preceding six-month period complete through the last day of August.

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 Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15 semiannually by April 1 for the preceding six-month period complete through the last day of February and by October 1 for the preceding six-month period complete through the last day of August.

B. Nonsalaried citizen members of local boards, commissions and councils as may be designated by the governing body shall file with the Virginia Conflict of Interest and Ethics Advisory Council, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15.

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 Secretary of the Commonwealth Virginia Conflict of Interest and Ethics Advisory Council to the clerks of the governing bodies and school boards not later than November 30 of each year at least 30 days prior to the filing deadline, and the clerks of the governing body and school board shall distribute the forms to designated individuals no later than December 10 of each year at least 20 days prior to the filing deadline. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board Virginia Conflict of Interest and Ethics Advisory Council. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city Virginia Conflict of Interest and Ethics Advisory Council.

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 o