SB1289: State and Local Government Conflict of Interests Act, General Assembly Conflicts of Interests Act.

SENATE BILL NO. 1289

Offered January 14, 2015
Prefiled January 14, 2015
A BILL to amend and reenact §§ 2.2-419, 2.2-426, 2.2-428, 2.2-431, 2.2-3101, 2.2-3103.1, 2.2-3104, 2.2-3106, 2.2-3114 through 2.2-3118, 2.2-3121, 2.2-3131, 30-101, 30-103.1, 30-110, 30-111, 30-123, 30-124, 30-127, and 30-129.1 of the Code of Virginia, to amend the Code of Virginia by adding in Chapter 25 of Title 2.2 an article numbered 10, consisting of sections numbered 2.2-2537 through 2.2-2545, and to repeal §§ 30-112 through 30-119 and Chapter 56 (§§ 30-355 through 30-358) of Title 30 of the Code of Virginia, relating to State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; Virginia Independent Commission on Ethics established; penalty.
Patron-- Ebbin

Referred to Committee on Rules

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-419, 2.2-426, 2.2-428, 2.2-431, 2.2-3101, 2.2-3103.1, 2.2-3104, 2.2-3106, 2.2-3114 through 2.2-3118, 2.2-3121, 2.2-3131, 30-101, 30-103.1, 30-110, 30-111, 30-123, 30-124, 30-127, and 30-129.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 25 of Title 2.2 an article numbered 10, consisting of sections numbered 2.2-2537 through 2.2-2545, as follows:

§ 2.2-419. Definitions.

As used in this article, unless the context requires a different meaning:

"Anything of value" means:

1. A pecuniary item, including money, or a bank bill or note;

2. A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;

3. A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

4. A stock, bond, note, or other investment interest in an entity;

5. A receipt given for the payment of money or other property;

6. A right in action;

7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

8. A loan or forgiveness of indebtedness;

9. A work of art, antique, or collectible;

10. An automobile or other means of personal transportation;

11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;

12. An honorarium or compensation for services;

13. A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive or legislative official, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public;

14. A promise or offer of employment; or

15. Any other thing of value that is pecuniary or compensatory in value to a person.

"Anything of value" does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.

"Compensation" means:

1. An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value; or

2. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, for services rendered or to be rendered.

"Compensation" does not mean reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses.

"Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by an executive agency or official of legislation or executive orders issued by the Governor.

"Executive agency" means an agency, board, commission, or other body in the executive branch of state government. "Executive agency" includes the State Corporation Commission, the Virginia Workers' Compensation Commission, and the Virginia Lottery.

"Executive official" means:

1. The Governor;

2. The Lieutenant Governor;

3. The Attorney General;

4. Any officer or employee of the office of the Governor or Lieutenant Governor other than a clerical or secretarial employee;

5. The Governor's Secretaries, the Deputy Secretaries, and the chief executive officer of each executive agency; or

6. Members of supervisory and policy boards, commissions and councils, as defined in § 2.2-2100, however selected.

"Expenditure" means:

1. A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose;

2. A payment to a lobbyist for salary, fee, reimbursement for expenses, or other purpose by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons;

3. A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist;

4. A payment that directly benefits an executive or legislative official or a member of the official's immediate family;

5. A payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with an executive or legislative official;

6. A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive or legislative official; or

7. A payment or reimbursement for categories of expenditures required to be reported pursuant to this chapter.

"Expenditure" does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.

"Fair market value" means the price that a good or service would bring between a willing seller and a willing buyer in the open market after negotiations. If the fair market value cannot be determined, the actual price paid for the good or service shall be given consideration.

"Gift" means anything of value to the extent that a consideration of equal or greater value is not received.

"Gift" does not mean:

1. Printed informational or promotional material;

2. A gift that is not used and, no later than 60 days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes;

3. A gift, devise, or inheritance from an individual's spouse, child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of that individual, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision; or

4. A gift of a value of $50 or less.

"Immediate family" means (i) the spouse and (ii) any child who resides, whether or not residing in the same household as the executive or legislative official and, who is 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.

§ 2.2-426. Lobbyist reporting; penalty.

A. Each lobbyist shall file with the Virginia Conflict of Interest and Ethics Advisory Council Independent Commission on Ethics a separate semiannual report of expenditures, including gifts, for each principal for whom he lobbies by December 15 for the preceding six-month period complete through the last day of October and June 15 for the preceding six-month period complete through 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 Virginia Conflict of Interest and Ethics Advisory Council Independent Commission on Ethics, which shall be substantially as follows and shall be accompanied by instructions provided by the Council Commission.


                     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.
  (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) COMMUNICATIONS                                       $ ______
       d) PERSONAL LIVING AND TRAVEL EXPENSES                  $ ______
       e) COMPENSATION OF LOBBYISTS                            $ ______
       f) HONORARIA                                            $ ______
       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 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 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 - 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 6g. (Please duplicate as needed.)
  DATE OF EXPENSE     DESCRIPTION OF EXPENSE                AMOUNT
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  __________________  ____________________________________  $ ______
  TOTAL "OTHER" EXPENSES                                    $ ______
  PART IV: STATEMENTS
  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 Council Virginia
 
    Independent Commission on Ethics 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 is guilty of a Class 5 felony.

E. Each lobbyist shall send to each legislative and executive official who is required to be identified by name on Schedule A or B of the Lobbyist's Disclosure Form a copy of Schedule A or B or a summary of the information pertaining to that official. Copies or summaries shall be provided to the official by November 21 for the preceding six-month period complete through the last day of October and by May 21 for the preceding six-month period complete through the last day of April.

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

A. The Virginia Conflict of Interest and Ethics Advisory Council Independent Commission on Ethics shall accept any lobbyist's disclosure statements required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Council Commission pursuant to the provisions of § 30-356 2.2-2540.

B. The Secretary shall establish a lobbyist disclosure database, available to the public, from required disclosure statements filed electronically and may enter into that database information from required disclosure statements filed by other methods. The Secretary shall maintain such database until January 1, 2016.

§ 2.2-431. Penalties; filing of substituted statement.

A. Every lobbyist failing to file the statement prescribed by § 2.2-426 within the time prescribed therein shall be assessed a civil penalty of fifty dollars, and every individual failing to file the statement within ten days after the time prescribed herein shall be assessed an additional civil penalty of fifty dollars per day from the eleventh day of such default until the statement is filed. The Virginia Independent Commission on Ethics shall notify the Secretary of any lobbyist's failure to file the statement within the time prescribed, and the penalties shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request.

B. Every lobbyist's principal whose lobbyist fails to file the statement prescribed by § 2.2-426 shall be assessed a civil penalty of fifty dollars, and shall be assessed an additional civil penalty of fifty dollars per day from the eleventh day of such default until the statement is filed. The Virginia Independent Commission on Ethics shall notify the Secretary of any lobbyist's failure to file to file the statement within the time prescribed, and the penalty shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request.

C. No individual who has failed to file the statement required by § 2.2-426 or who has failed to pay all penalties assessed pursuant to this section, shall register or act as a lobbyist as long as he remains in default.

D. Whenever any lobbyist is or will be in default under § 2.2-426, and the reasons for such default are or will be beyond his control, or the control of his principal, or both, the Secretary may suspend the assessment of any penalty otherwise assessable and accept a substituted statement, upon the submission of sworn proofs that shall satisfy him that the default has been beyond the control of the lobbyist or his principal, and that the substituted statement contains the most accurate and complete information available after the exercise of due diligence.

E. Penalties collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund.

Article 10.
Virginia Independent Commission on Ethics.

§ 2.2-2537. Virginia Independent Commission on Ethics established.

The Virginia Independent Commission on Ethics (the Commission) is hereby established as an independent commission in state government to encourage and facilitate compliance with, and investigate violations of, the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) and the General Assembly Conflicts of Interests Act (§ 30-100 et seq.) (the Acts) and the lobbying laws in Article 3 (§ 2.2-418 et seq.) of Chapter 4 (Article 3).

§ 2.2-2538. Membership; terms; prohibited activities.

A. The Commission shall consist of nine members as follows: two nonlegislative citizen members appointed by the Speaker of the House of Delegates, one of whom shall be a former member of the House of Delegates and one of whom shall be a citizen at large; two nonlegislative citizen members appointed by the Senate Committee on Rules, one of whom shall be a former member of the Senate and one of whom shall be a citizen at large; and five nonlegislative citizen members appointed by the Governor, one of whom shall be a former officer or employee of the executive branch, one of whom shall be a former local government officer or employee, two of whom shall be citizens at large, and one of whom shall be a former judge of a court of record, who shall serve as the chairman of the Commission. All appointments shall be subject to confirmation by a vote of two-thirds of the members elected to the General Assembly. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth. Vacancies shall be filled in the same manner as the original appointments.

B. Following the initial staggering of terms, members shall serve for terms of four years, except that appointments to fill vacancies shall be for the unexpired term. All members may be reappointed but no member shall be eligible to serve for more than two successive four-year terms. As a condition to assuming office, each member of the Commission shall file the disclosure form prescribed in § 2.2-3117.

C. During his term and for one year prior to his term, no member of the Commission shall (i) hold or campaign for any public office; (ii) be employed by or volunteer for any local, state, or federal campaign; (iii) hold office in any political party, political committee, or partisan organization; (iv) contribute to any candidate or campaign committee; (v) employ or be employed as a lobbyist; or (vi) solicit, accept, or receive any gift from any person subject to Article 3 or the Acts.

§ 2.2-2539. Meetings of the Commission; staff.

A. The Commission shall hold meetings quarterly or upon the call of the chairman. A majority of the Commission shall constitute a quorum. Except as provided in § 2.2-2542, the votes of a majority of the members present are required for any action or recommendation of the Commission.

B. Members of the Commission shall receive no compensation for their services but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the expenses of the members shall be provided from existing appropriations to the Commission.

C. The Commission shall employ an executive director and a chief counsel. The executive director shall be responsible for the administrative operations of the Commission, including the hiring of such staff as he deems necessary, and shall perform other duties as may be delegated or assigned to him by the Commission. The chief counsel shall be the chief legal officer of the Commission and shall perform other duties as may be delegated or assigned to him by the Commission or executive director.

§ 2.2-2540. Disclosure forms.

A. The Commission shall prescribe and make available on its website the forms for disclosure required to be filed by Article 3 and the Acts. Any person required to file a disclosure form by Article 3 or the Acts may request, and the Commission shall provide to him, the disclosure form he is required to file in its paper form.

B. The Commission shall receive all disclosure forms in the office of the Commission. The Commission shall accept any disclosure forms filed by computer or electronic means in accordance with and using software meeting the standards approved by the Commission. The Commission shall provide software or electronic access for filing to all filers without charge, and may prescribe the method of execution and certification of electronically filed forms, including the use of an electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.). The Commission shall maintain a searchable database on its website of all disclosure forms properly filed.

C. The Commission shall initially review all disclosure forms to ensure those persons required to file a disclosure form have filed such a form and to determine if the disclosure form has been fully completed. If a disclosure form is found to have not been filed or to have been incomplete as filed, the Commission shall notify the filer in writing and direct the filer to file a completed disclosure form.

§ 2.2-2541. Advisory opinions.

A. Upon the request of any person subject to the requirements of Article 3 or the Acts, the Commission shall furnish informal advice or formal advisory opinions or guidance with respect to ethics, conflicts issues, or such person's duties under Article 3 or the Acts.

B. Formal advisory opinions are public record and may be published on the Commission's website. Published formal advisory opinions may have such deletions and changes as may be necessary to protect the identity of the person involved. The informal advice given by the Commission is confidential and excluded from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

C. No person shall be prosecuted, assessed a civil penalty, or otherwise disciplined for a violation of Article 3 or the Acts if the alleged violation resulted from his good faith reliance on a formal advisory opinion issued under this section and the opinion was issued after his full disclosure of the material facts.

§ 2.2-2542. Investigations.

A. Investigations into alleged violations of the Acts may be initiated upon the Commission's own motion or in response to the signed and sworn complaint of any citizen of the Commonwealth. Such a complaint shall be subscribed by its maker as true under penalty of perjury. No investigation shall be initiated in the 60 days immediately preceding a primary election or other nominating event or before a general election in which the subject of the complaint or Commission's motion is running for office.

B. Upon its own motion, the Commission, through its executive director, may initiate an investigation into an alleged violation of the Acts. The investigation shall begin within 30 days of the Commission's discovery of the facts giving rise to the alleged violation.

C. Upon receipt of a citizen complaint, the Commission, through its executive director, shall conduct a preliminary inquiry into any alleged violation of the Acts no later than 30 days after receipt of the complaint. The Commission shall notify the subject of the inquiry and forward to him a copy of the complaint. During its preliminary inquiry, the Commission shall determine whether the facts stated in the complaint, when taken as true, are sufficient to show a violation of the Acts. It shall complete its preliminary inquiry within 30 days of its initiation. All documents, records, and other information related to the preliminary inquiry are confidential and are excluded from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). If the preliminary inquiry establishes that the facts stated in the complaint taken as true are not sufficient to show a violation of the Acts, the complaint shall be dismissed, and the Commission shall notify the subject of the inquiry and the complainant, if there is one. If the preliminary inquiry establishes that the facts stated in the complaint taken as true are sufficient to show a violation of the Acts, the Commission, through its executive director, shall initiate an investigation to determine if there has been a violation. The investigation shall begin within 30 days of the completion of the preliminary inquiry.

D. An investigation initiated pursuant to subsection B or C shall not begin until the subject of the investigation has been notified and provided a general statement of the alleged violation and the applicable statutes with respect to such violation. Service of notice is complete upon mailing by certified or registered mail. During the investigation, the Commission, its executive director, and its staff shall conduct interviews, take statements, receive and inspect documents and records, and gather other evidence as may be relevant. The Commission shall have the authority to issue subpoenas to compel the production of documents, records, and other information. The Commission shall complete its investigation no later than 180 days after its initiation and, within 30 days of completion of the investigation, shall make a written report of its findings and shall provide a copy of that report to the subject of the investigation. If finding that no violation was committed, the Commission shall put in the written report its reasons for dismissal of the complaint and shall notify the subject of the investigation and the complainant. In all other cases, the written report shall include the pertinent findings of fact and the Commission shall schedule a hearing on the matter.

E. Any hearing conducted pursuant to subsection D shall be open to the public and shall be held no later than 30 days after the issuance of the findings report. At any hearing, the Commission shall have the authority to issue subpoenas to compel the attendance of witnesses or the production of documents, records, and other information, and shall issue such subpoenas upon the request of the subject of the investigation. The subject of the investigation shall have the right to request the issuance of subpoenas, present evidence, have access to any evidence used or developed by the Commission during its investigation, cross-examine witnesses, face and examine the complainant, and be represented by counsel. At the conclusion of the hearing, the Commission shall deliberate on the evidence and determine whether there has been a violation of the Acts. At least five members of the Commission must find a violation by clear and convincing evidence.

F. Within 30 days following the conclusion of a hearing conducted pursuant to subsections D and E, the Commission shall issue a final order. The final order shall set forth the alleged violation, the findings of fact, and the conclusions of law. It may also include recommendations for disciplinary action, civil penalties, or criminal prosecution. Final orders are public record and shall be published on the Commission's website.

G. Any person subpoenaed pursuant to subsection D or E may immediately procure by petition a decision on the validity of the subpoena in the circuit court as provided in § 2.2-4003.

§ 2.2-2543. Audits.

The Commission shall conduct an annual audit of a random sample of the disclosure forms filed pursuant to Article 3 and the Acts. This annual audit shall be performed by the Commission in accordance with generally accepted auditing standards and shall review each disclosure form to determine (i) compliance with applicable disclosure requirements, (ii) compliance with applicable limitations on gifts, (iii) the accuracy of the information disclosed, and (iv) whether filing deadlines were met. The Commission may initiate an investigation pursuant to § 2.2-2542 into any discrepancies or possible violations of Article 3 or the Acts discovered in the course of the audit. The random sample shall be as follows: five percent of members of the House of Delegates, five percent of members of the Senate of Virginia, 10 percent of constitutional and local officers, 10 percent of lobbyists, and one of the statewide officers. For those filers who file semiannually, the form filed at the deadline immediately preceding the audit shall be the form audited.

§ 2.2-2544. Other powers and duties.

The Commission shall:

1. Review and approve or deny requests for waivers submitted by those persons subject to the Acts to accept a tangible or intangible gift, or a combination of tangible or intangible gifts, that is otherwise prohibited by § 2.2-3103.1 or § 30-103.1. The Commission shall consider the gift as it relates to the official duties of the requester and may approve those gifts that do not raise the appearance of impropriety. The Commission shall prescribe the standards and procedures for receiving, reviewing, and approving or denying such waivers.

2. Conduct training seminars and educational programs for lobbyists, state and local government officers and employees, legislators, and other interested persons on the requirements of Article 3 and the Acts and provide ethics orientation sessions for legislators in compliance with Article 6 (§ 30-129.1 et seq.) of Chapter 13 of Title 30;

3. Approve orientation courses conducted pursuant to § 2.2-3128 and, upon request, review the educational materials and approve any training or course on the requirements of Article 3 and the Acts conducted for state and local government officers and employees;

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

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

6. Report on or before December 1 of each year on its activities and findings regarding Article 3 and the Acts, including recommendations for changes in the laws, to the General Assembly and the Governor. The annual report shall be submitted by the chairman as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be published as a state document.

§ 2.2-2545. Violations.

If the Commission, after conducting an investigation pursuant to § 2.2-2542, finds a person subject to the requirements of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) or the General Assembly Conflicts of Interests Act (§ 30-100 et seq.) has knowingly violated one or more of the provisions of such Act, it shall refer the matter by its final order to the Supreme Court of Virginia. The final order shall contain recommendations for criminal prosecution. The Supreme Court shall appoint an attorney for the Commonwealth to prosecute the alleged violation. The attorney for the Commonwealth so appointed shall not be of the county or city where the officer, employee, or legislator was elected or is employed.

§ 2.2-3101. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Advisory agency" means any board, commission, committee or post which does not exercise any sovereign power or duty, but is appointed by a governmental agency or officer or is created by law for the purpose of making studies or recommendations, or advising or consulting with a governmental agency.

"Affiliated business entity relationship" means a relationship, other than a parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that may be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person owns or manages the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities.

"Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit.

"Commission" means the Virginia Independent Commission on Ethics established in Article 10 (§ 2.2-2537 et seq.) of Chapter 25.

"Contract" means any agreement to which a governmental agency is a party, or any agreement on behalf of a governmental agency that involves the payment of money appropriated by the General Assembly or a political subdivision, whether or not such agreement is executed in the name of the Commonwealth, or some political subdivision thereof. "Contract" includes a subcontract only when the contract of which it is a part is with the officer's or employee's own governmental agency.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355.

"Employee" means all persons employed by a governmental or advisory agency, unless otherwise limited by the context of its use.

"Financial institution" means any bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, broker-dealer as defined in subsection A of § 13.1-501, or investment company or advisor registered under the federal Investment Advisors Act or Investment Company Act of 1940.

"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, or by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based scholarship or any other financial aid awarded by a public or private school, institution of higher education, or other educational program pursuant to such school, institution, or program's financial aid standards and procedures applicable to the general public; (iv) unsolicited, personally-inscribed awards of appreciation or recognition in the form of a plaque, trophy, wall memento, or similar item that is given in recognition of public, civic, charitable, or professional service; (v) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) (vi) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) (vii) 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 child who resides, whether or not residing in the same household as the officer or employee and, who is a dependent of the officer or employee.

"Officer" means any person appointed or elected to any governmental or advisory agency including local school boards, whether or not he receives compensation or other emolument of office. Unless the context requires otherwise, "officer" includes members of the judiciary.

"Parent-subsidiary relationship" means a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.

"Personal interest" means a financial benefit or liability accruing to an officer or employee or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property if the ownership interest will consist of clause (i) or (iv) above.

"Personal interest in a contract" means a personal interest that an officer or employee has in a contract with a governmental agency, whether due to his being a party to the contract or due to a personal interest in a business that is a party to the contract.

"Personal interest in a transaction" means a personal interest of an officer or employee in any matter considered by his agency. Such personal interest exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or governmental agency, or represents or provides services to any individual or business and such property, business or represented or served individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction. Notwithstanding the above, such personal interest in a transaction shall not be deemed to exist where (a) an elected member of a local governing body serves without remuneration as a member of the board of trustees of a not-for-profit entity and such elected member or member of his immediate family has no personal interest related to the not-for-profit entity or (b) an officer, employee, or elected member of a local governing body is appointed by such local governing body to serve on a governmental agency, or an officer, employee, or elected member of a separate local governmental agency formed by a local governing body is appointed to serve on a governmental agency, and the personal interest in the transaction of the governmental agency is the result of the salary, other compensation, fringe benefits, or benefits provided by the local governing body or the separate governmental agency to the officer, employee, elected member, or member of his immediate family.

"State and local government officers and employees" shall not include members of the General Assembly.

"State filer" means those officers and employees required to file a disclosure statement of their personal interests pursuant to subsection A or B of § 2.2-3114.

"Transaction" means any matter considered by any governmental or advisory agency, whether in a committee, subcommittee, or other entity of that agency or before the agency itself, on which official action is taken or contemplated.

§ 2.2-3103.1. Certain gifts prohibited.

A. For purposes of this section:

"Intangible gift" means a thing of temporary value or a thing that upon the happening of a certain event or expiration of a given date loses its value. "Intangible gift" includes entertainment, hospitality, a ticket, admission, or pass, transportation, lodgings, and meals that are reportable on Schedule E of the disclosure form prescribed in § 2.2-3117.

"Tangible gift" means a thing of value that does not lose its value upon the happening of a certain event or expiration of a given date. "Tangible gift" includes currency, negotiable instruments, securities, stock options, or other financial instruments that are reportable on Schedule E of the disclosure form prescribed in § 2.2-3117. "Tangible gift" does not include payments or reimbursements received for any intangible gift.

B. An officer or employee of a local governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 (i) shall not solicit, accept, or receive within any calendar year (i) any single tangible gift with a value in excess of $250 $100, (ii) any single intangible gift with a value in excess of $250, or (iii) a combination of tangible gifts with an aggregate value in excess of $250 $100, or (iv) a combination of intangible 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, other than relatives or personal friends.

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 (i) any single tangible gift with a value in excess of $250 $100, (ii) any single intangible gift with a value in excess of $250, or (iii) a combination of tangible gifts with an aggregate value in excess of $250 $100, or (iv) a combination of intangible 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, other than relatives or personal friends.

D. An officer or employee of a state or local governmental or advisory agency or a candidate required to file the disclosure form prescribed in § 2.2-3117 may accept a tangible or intangible gift, or a combination of tangible or intangible gifts, with a value in excess of the limit prescribed in subsections B and C, if:

1. The gifts are received while in attendance at a widely attended event. A widely attended event is an event for which there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals from throughout a particular industry or profession or who represent persons interested in a particular issue; or

2. The officer, employee, or candidate has submitted a written request to and has received the written approval of the Commission pursuant to subdivision 1 of § 2.2-2544.

Gifts received pursuant to this subsection shall be disclosed on the form prescribed in § 2.2-3117. For purposes of disclosure of a gift received pursuant to subdivision 1 of this subsection, a gift that is received by a guest invited by the officer, employee, or candidate to attend to the widely attended event, whether or not such guest is accompanied by the officer, employee, or candidate, shall be deemed a gift received by the officer, employee, or candidate.

E. During the pendency of a civil action in any state or federal court to which the Commonwealth is a party, the Governor or the Attorney General or any employee of the Governor or the Attorney General who is subject to the provisions of this chapter shall not solicit, accept, or receive any tangible gift from any person that he knows or has reason to know is a person, organization, or business who is a party to such civil action. A person, organization, or business who is a party to such civil action shall not knowingly give any tangible gift to the Governor or the Attorney General or any of their employees who are subject to the provisions of this chapter. For purposes of this subsection, "person, organization, or business" includes individuals who are officers, directors, or owners of or who have a controlling ownership interest in such organization or business.

E. F. The $250 limitation limitations imposed in accordance with this section shall be adjusted by the Council Commission 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 Commission 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.

§ 2.2-3106. Prohibited contracts by officers and employees of state government and Eastern Virginia Medical School.

A. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with the governmental agency of which he is an officer or employee, other than his own contract of employment.

B. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with any other governmental agency of state government unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in § 2.2-4302.1 or 2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative head of the governmental agency that competitive bidding or negotiation is contrary to the best interest of the public.

C. The provisions of this section shall not apply to:

1. An employee's personal interest in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided the employee does not exercise any control over the employment or the employment activities of the member of his immediate family and the employee is not in a position to influence those activities;

2. The personal interest of an officer or employee of a state institution of higher education or the Eastern Virginia Medical School in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided (i) the officer or employee and the immediate family member are engaged in teaching, research or administrative support positions at the educational institution or the Eastern Virginia Medical School, (ii) the governing board of the educational institution finds that it is in the best interests of the institution or the Eastern Virginia Medical School and the Commonwealth for such dual employment to exist, and (iii) after such finding, the governing board of the educational institution or the Eastern Virginia Medical School ensures that the officer or employee, or the immediate family member, does not have sole authority to supervise, evaluate or make personnel decisions regarding the other;

3. An officer's or employee's personal interest in a contract of employment with any other governmental agency of state government;

4. Contracts for the sale by a governmental agency or the Eastern Virginia Medical School of services or goods at uniform prices available to the general public;

5. An employee's personal interest in a contract between a public institution of higher education in Virginia or the Eastern Virginia Medical School and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials;

6. An employee's personal interest in a contract with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee, including manuscripts, musical scores, poetry, paintings, books or other materials, writings, or papers of an academic, research, or cultural value to the institution, provided the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution's public mission of service, research, or education;

7. Subject to approval by the board of visitors, an employee's personal interest in a contract between the Eastern Virginia Medical School or a public institution of higher education in Virginia that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education or the Eastern Virginia Medical School and of which such employee is a member or employee;

8. Subject to approval by the relevant board of visitors, an employee's personal interest in a contract for research and development or commercialization of intellectual property between a public institution of higher education in Virginia or the Eastern Virginia Medical School and a business in which the employee has a personal interest, if (i) the employee's personal interest has been disclosed to and approved by such public institution of higher education or the Eastern Virginia Medical School prior to the time at which the contract is entered into; (ii) the employee promptly files a disclosure statement pursuant to § 2.2-3117 and thereafter files such statement annually on or before January December 15; (iii) the institution has established a formal policy regarding such contracts, approved by the State Council of Higher Education or, in the case of the Eastern Virginia Medical School, a formal policy regarding such contracts in conformity with any applicable federal regulations that has been approved by its board of visitors; and (iv) no later than December 31 of each year, the institution or the Eastern Virginia Medical School files an annual report with the Secretary of the Commonwealth disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution's or the Eastern Virginia Medical School's employee responsible for administering each contract, the details of the institution's or the Eastern Virginia Medical School's commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth; or

9. Subject to approval by the relevant board of visitors, an employee's personal interest in a contract between a public institution of higher education in Virginia or the Eastern Virginia Medical School and a business in which the employee has a personal interest, if (i) the personal interest has been disclosed to the institution or the Eastern Virginia Medical School prior to the time the contract is entered into; (ii) the employee files a disclosure statement pursuant to § 2.2-3117 and thereafter annually on or before January December 15; (iii) the employee does not participate in the institution's or the Eastern Virginia Medical School's decision to contract; (iv) the president of the institution or the Eastern Virginia Medical School finds and certifies in writing that the contract is for goods and services needed for quality patient care, including related medical education or research, by the institution's medical center or the Eastern Virginia Medical School, its affiliated teaching hospitals and other organizations necessary for the fulfillment of its mission, including the acquisition of drugs, therapies and medical technologies; and (v) no later than December 31 of each year, the institution or the Eastern Virginia Medical School files an annual report with the Secretary of the Commonwealth disclosing each open contract entered subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution's or the Eastern Virginia Medical School's employee responsible for administering each contract, the details of the institution's or the Eastern Virginia Medical School's commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth.

D. Notwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee's personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Medical School pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Medical School to the Secretary of the Commonwealth by January 31 of each year of evidence of their compliance with such federal policies and regulations.

E. The board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution's or the Eastern Virginia Medical School's employee responsible for administering each contract, the details of the institution's or the Eastern Virginia Medical School's commitment or investment of resources or finances for each contract, the details of how revenues are to be dispersed, and any other information requested by the board of visitors.

§ 2.2-3114. Disclosure by state officers and employees.

A. The Governor, Lieutenant Governor, Attorney General, Justices of the Supreme Court, judges of the Court of Appeals, judges of any circuit court, judges and substitute judges of any district court, members of the State Corporation Commission, members of the Virginia Workers' Compensation Commission, members of the Commonwealth Transportation Board, members of the Board of Trustees of the Virginia Retirement System, and members of the Virginia Lottery Board and other persons occupying such offices or positions of trust or employment in state government, including members of the governing bodies of authorities, as may be designated by the Governor or, in the case of officers or employees of the legislative branch, by the Joint Rules Committee of the General Assembly, shall file with the Council Commission, 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 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 Virginia Lottery Board, shall file with the Council Commission, 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 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 Council Commission to each officer and employee so designated, including officers appointed by legislative authorities 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 of the Council Commission.

D. Candidates for the offices of Governor, Lieutenant Governor or Attorney General shall file a disclosure statement of their personal interests as required by § 24.2-502.

E. Any officer or employee of state government who has a personal interest in any transaction before the governmental or advisory agency of which he is an officer or employee and who is disqualified from participating in that transaction pursuant to subdivision A 1 of § 2.2-3112, or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest, including the full name and address of the business and the address or parcel number for the real estate if the interest involves a business or real estate, and his disclosure shall also be reflected in the public records of the agency for five years in the office of the administrative head of the officer's or employee's governmental agency or advisory agency or, if the agency has a clerk, in the clerk's office.

F. An officer or employee of state government who is required to declare his interest pursuant to subdivision A 2 of § 2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day.

G. An officer or employee of state government who is required to declare his interest pursuant to subdivision A 3 of § 2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) that a party to the transaction is a client of his firm, (iii) that he does not personally represent or provide services to the client, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day.

§ 2.2-3114.1. Filings of statements of economic interests by General Assembly members.

The filing of a current statement of economic interests by a General Assembly member, member-elect, or candidate for the General Assembly pursuant to §§ 30-110 and 30-111 of the General Assembly Conflicts of Interests Act (§ 30-100 et seq.) shall suffice for the purposes of this chapter2.2-3100 et seq.). The Secretary of the Commonwealth may obtain from the Clerk of the House of Delegates or the Senate, as appropriate, Commission a copy of the statement of a General Assembly member who is appointed to a position for which a statement is required pursuant to § 2.2-3114. No General Assembly member, member-elect, or candidate shall be required to file a separate statement of economic interests for the purposes of § 2.2-3114.

§ 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 Commission, 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 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 Commission, 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 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 Commission, 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 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 Commission, 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 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 Commission, 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 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 Virginia Conflict of Interest and Ethics Advisory Council Commission to the clerks of the governing bodies and school boards 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 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 Virginia Conflict of Interest and Ethics Advisory Council Commission. 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 Virginia Conflict of Interest and Ethics Advisory Council Commission.

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 Virginia Conflict of Interest and Ethics Advisory Council Commission on or before 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 Virginia Conflict of Interest and Ethics Advisory Council Commission 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 with the Commission, as a condition to assuming office, the Statement of Economic Interests set forth in § 2.2-3117 and thereafter shall file such a statement semiannually by December 15 for the preceding six-month period complete through the last day of October and by June 15 for the preceding six-month period complete through the last day of April. These officers shall file statements pursuant to § 2.2-3115 and candidates 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.

"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, or by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based scholarship or any other financial aid awarded by a public or private school, institution of higher education, or other educational program pursuant to such school, institution, or program's financial aid standards and procedures applicable to the general public; (iv) unsolicited, personally-inscribed awards of appreciation or recognition in the form of a plaque, trophy, wall memento, or similar item that is given in recognition of public, civic, charitable, or professional service; (v) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) (vi) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) (vii) 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 child who resides, whether or not residing in the same household as the officer or employee and, who is a dependent of the officer or employee.

TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly.

REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information, and belief of the individual filing the Statement as of the date of this report unless otherwise stated.

COMPLETE ITEMS 1 THROUGH 10. REFER TO SCHEDULES ONLY IF DIRECTED.

You may attach additional explanatory information.

1. Offices and Directorships.

Are you or a member of your immediate family a paid officer or paid director of a business?

EITHER check NO / / OR check YES / / and complete Schedule A.

2. Personal Liabilities.

Do you or a member of your immediate family owe more than $5,000 to any one creditor including contingent liabilities? (Exclude debts to any government and loans secured by recorded liens on property at least equal in value to the loan.)

EITHER check NO / / OR check YES / / and complete Schedule B.

3. Securities.

Do you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000 invested in one business? Account for mutual funds, limited partnerships and trusts.

EITHER check NO / / OR check YES / / and complete Schedule C.

4. Payments for Talks, Meetings, and Publications.

During the past six months did you receive in your capacity as an officer or employee of your agency lodging, transportation, money, or anything else of value with a combined value exceeding $200 (i) for a single talk, meeting, or published work or (ii) for a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as an officer or employee of your agency or (b) enhance your knowledge and skills relative to your duties as an officer or employee of your agency?

EITHER check NO / / OR check YES / / and complete Schedule D.

5. Gifts.

During the past six months did a business, government, or individual other than a relative or personal friend (i) furnish you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnish you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange? Account for entertainment events only if the average value per person attending the event exceeded $50. Account for all business entertainment (except if related to the private profession or occupation of you or the member of your immediate family who received such business entertainment) even if unrelated to your official duties.

EITHER check NO / / OR check YES / / and complete Schedule E.

6. Salary and Wages.

List each employer that pays you or a member of your immediate family salary or wages in excess of $5,000 annually. (Exclude state or local government or advisory agencies.)

If no reportable salary or wages, check here / /.

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

7. Business Interests.

Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $5,000 in a business?

EITHER check NO / / OR check YES / / and complete Schedule F.

8. Payments for Representation and Other Services.

8A. Did you represent, excluding activity defined as lobbying in § 2.2-419, any businesses before any state governmental agencies, excluding courts or judges, for which you received total compensation during the past six months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers? (Officers and employees of local governmental and advisory agencies do NOT need to answer this question or complete Schedule G-1.)

EITHER check NO / / OR check YES / / and complete Schedule G-1.

8B. Subject to the same exceptions as in 8A, did persons with whom you have a close financial association (partners, associates or others) represent, excluding activity defined as lobbying in § 2.2-419, any businesses before any state governmental agency for which total compensation was received during the past six months in excess of $1,000? (Officers and employees of local governmental and advisory agencies do NOT need to answer this question or complete Schedule G-2.)

EITHER check NO / / OR check YES / / and complete Schedule G-2.

8C. Did you or persons with whom you have a close financial association furnish services to businesses operating in Virginia pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses for which total compensation in excess of $1,000 was received during the past six months? Services reported under this provision shall not include services involving the representation of businesses that are reported under item 8A or 8B.

EITHER check NO / / OR check YES / / and complete Schedule G-3.

9. Real Estate.

9A. State Officers and Employees.

Do you or a member of your immediate family hold an interest, including a partnership interest, valued at more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust.

EITHER check NO / / OR check YES / / and complete Schedule H-1.

9B. Local Officers and Employees.

Do you or a member of your immediate family hold an interest, including a partnership interest, or option, easement, or land contract, valued at more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust.

EITHER check NO / / OR check YES / / and complete Schedule H-2.

10. Real Estate Contracts with Governmental Agencies.

Do you or a member of your immediate family hold an interest valued at more than $5,000 in real estate, including a corporate, partnership, or trust interest, option, easement, or land contract, which real estate is the subject of a contract, whether pending or completed within the past six months, with a governmental agency? If the real estate contract provides for the leasing of the property to a governmental agency, do you or a member of your immediate family hold an interest in the real estate valued at more than $1,000? Account for all such contracts whether or not your interest is reported in Schedule F, H-1, or H-2. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.

EITHER check NO / / OR check YES / / and complete Schedule I.

Statements of Economic Interests are open for public inspection.

AFFIRMATION BY ALL FILERS.

I swear or affirm that the foregoing information is full, true and correct to the best of my knowledge.

Signature ......................................................

(Return only if needed to complete Statement.)


                                      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 $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                                            Check one
      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                                            Check one
      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, mutual funds, limited partnerships, and commodity futures contracts.

"Securities" EXCLUDES certificates of deposit, money market funds, annuity contracts, and insurance policies.

Identify each business or Virginia governmental entity in which you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000. Name each issuer and type of security individually.

Do not list U.S. Bonds or other government securities not issued by the Commonwealth of Virginia or its authorities, agencies, or local governments. Do not list organizations that do not do business in this Commonwealth, but most major businesses conduct business in Virginia. Account for securities held in trust.

If no reportable securities, check here / /.


  ____________________________________________________________________________
 
                                                            Check one
                               Type of Security     $5,001   $50,001    More
                            (stocks, bonds, mutual     to       to      than
  Name of Issuer                 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 six months in your capacity as an officer or employee of your agency lodging, transportation, money, or any other thing of value with combined value exceeding $200 (i) for your presentation of a single talk, participation in one meeting, or publication of a work or (ii) for your attendance at a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as an officer or employee of your agency or (b) enhance your knowledge and skills relative to your duties as an officer or employee of your agency. Any lodging, transportation, money, or other thing of value received by an officer or employee that does not satisfy the provisions of clause (i), (ii) (a), or (ii) (b) shall be listed as a gift on Schedule E.

List payments or reimbursements by an advisory or governmental agency only for meetings or travel outside the Commonwealth.

List a payment even if you donated it to charity.

Do not list information about a payment if you returned it within 60 days or if you received it from an employer already listed under Item 6 or from a source of income listed on Schedule F.

If no payment must be listed, check here / /.


  __________________________________________________________________________
 
                                                           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 six months, (i) furnished you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnished you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange. List each such gift or event. Do not list entertainment events unless the average value per person attending the event exceeded $50. Do not list business entertainment related to the private profession or occupation of you or the member of your immediate family who received such business entertainment. Do not list gifts or other things of value given by a relative or personal friend for reasons clearly unrelated to your public position. Do not list campaign contributions publicly reported as required by Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2 of the Code of Virginia.


  __________________________________________________________________________
 
                 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 $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 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 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 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 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 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 six months, with a governmental agency for the sale or exchange of real estate in which you or a member of your immediate family holds an interest, including a corporate, partnership or trust interest, option, easement, or land contract, valued at more than $10,000. List all contracts with a governmental agency for the lease of real estate in which you or a member of your immediate family holds such an interest valued at more than $1,000. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.

State officers and employees report contracts with state agencies.

Local officers and employees report contracts with local agencies.


  _______________________________________________________________________
 
  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 filed in accordance with the provisions of § 30-356 2.2-2540. 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 child who resides, whether or not residing in the same household as the filer and, who is a dependent of the filer.

"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.

§ 2.2-3121. 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 Commission 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 Commission 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 Commission regarding appropriate course content.

§ 30-101. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Advisory agency" means any board, commission, committee or post which does not exercise any sovereign power or duty, but is appointed by a governmental agency or officer or is created by law for the purpose of making studies or recommendations, or advising or consulting with a governmental agency.

"Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit.

"Commission" means the Virginia Independent Commission on Ethics established in Article 10 (§ 2.2-2537 et seq.) of Chapter 25 of Title 2.2.

"Contract" means any agreement to which a governmental agency is a party, or any agreement on behalf of a governmental agency that involves the payment of money appropriated by the General Assembly or a political subdivision, whether or not such agreement is executed in the name of the Commonwealth, or some political subdivision thereof. "Contract" includes a subcontract only when the contract of which it is a part is with the legislator's own governmental agency.

"Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355.

"Financial institution" means any bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, broker-dealer as defined in subsection A of § 13.1-501, or investment company or advisor registered under the federal Investment Advisors Act or Investment Company Act of 1940.

"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, or by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based scholarship or any other financial aid awarded by a public or private school, institution of higher education, or other educational program pursuant to such school, institution, or program's financial aid standards and procedures applicable to the general public; (iv) unsolicited, personally-inscribed awards of appreciation or recognition in the form of a plaque, trophy, wall memento, or similar item that is given in recognition of public, civic, charitable, or professional service; (v) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) (vi) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) (vii) 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 child who resides, whether or not residing in the same household as the legislator and, who is a dependent of the legislator.

"Legislator" means a member of the General Assembly.

"Personal interest" means a financial benefit or liability accruing to a legislator or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property if the ownership interest will consist of clause (i) or (iv).

"Personal interest in a contract" means a personal interest that a legislator has in a contract with a governmental agency, whether due to his being a party to the contract or due to a personal interest in a business that is a party to the contract.

"Personal interest in a transaction" means a personal interest of a legislator in any matter considered by the General Assembly. Such personal interest exists when an officer or employee or a member of his immediate family has a personal interest in property or a business, or represents or provides services to any individual or business and such property, business or represented or served individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction. A "personal interest in a transaction" exists only if the legislator or member of his immediate family or an individual or business represented or served by the legislator is affected in a way that is substantially different from the general public or from persons comprising a profession, occupation, trade, business or other comparable and generally recognizable class or group of which he or the individual or business he represents or serves is a member.

"Transaction" means any matter considered by the General Assembly, whether in a committee, subcommittee, or other entity of the General Assembly or before the General Assembly itself, on which official action is taken or contemplated.

§ 30-103.1. Certain gifts prohibited.

A. For purposes of this section:

"Intangible gift" means a thing of temporary value or a thing that upon the happening of a certain event or expiration of a given date loses its value. "Intangible gift" includes entertainment, hospitality, a ticket, admission, or pass, transportation, lodgings, and meals that are reportable on Schedule E of the disclosure form prescribed in § 30-111.

"Tangible gift" means a thing of value that does not lose its value upon the happening of a certain event or expiration of a given date. "Tangible gift" includes currency, negotiable instruments, securities, stock options, or other financial instruments that are reportable on Schedule E of the disclosure form prescribed in § 30-111. "Tangible gift" does not include payments or reimbursements received for any intangible gift.

B. A legislator or candidate for the General Assembly required to file the disclosure form prescribed in § 30-111 (i) shall not solicit, accept, or receive within any calendar year (i) any single tangible gift with a value in excess of $250 $100, (ii) any single intangible gift with a value in excess of $250, or (iii) a combination of tangible gifts with an aggregate value in excess of $250 $100, or (iv) a combination of intangible 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-1 of such disclosure form, other than relatives and personal friends. 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. A legislator or candidate for the General Assembly required to file the disclosure form prescribed in § 30-111 may accept a tangible or intangible gift, or a combination of tangible or intangible gifts, with a value in excess of the limit prescribed in subsections B, if:

1. The gifts are received while in attendance at a widely attended event. A widely attended event is an event for which there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals from throughout a particular industry or profession or who represent persons interested in a particular issue; or

2. The legislator or candidate has submitted a written request to and has received the written approval of the Commission pursuant to subdivision 1 of § 2.2-2544.

Gifts received pursuant to this subsection shall be disclosed on the form prescribed in § 30-111. For purposes of disclosure of a gift received pursuant to subdivision 1 of this subsection, a gift that is received by a guest invited by the legislator or candidate to attend to the widely attended event, whether or not such guest is accompanied by the legislator or candidate, shall be deemed a gift received by the legislator or candidate.

D. The $250 limitation imposed in accordance with this section shall be adjusted by the Council Commission 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 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 Virginia Conflict of Interest and Ethics Advisory Council Commission at least 30 days prior to the filing deadline. Members of the Senate and members of the House of Delegates shall file their disclosure forms with the Virginia Conflict of Interest and Ethics Advisory Council Commission. The disclosure forms of the members of the General Assembly shall be maintained as public records for five years in the office of the Virginia Conflict of Interest and Ethics Advisory Council Commission.

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 .......................................
  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.

"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, or by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based scholarship or any other financial aid awarded by a public or private school, institution of higher education, or other educational program pursuant to such school, institution, or program's financial aid standards and procedures applicable to the general public; (iv) unsolicited, personally-inscribed awards of appreciation or recognition in the form of a plaque, trophy, wall memento, or similar item that is given in recognition of public, civic, charitable, or professional service; (v) a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2; (v) (vi) any gift related to the private profession or occupation of an officer or employee or of a member of his immediate family; or (vi) (vii) 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 child who resides, whether or residing in the same household as the legislator and, who is a dependent of the legislator.

"Lobbyist relationship" means (i) an engagement, agreement, or representation that relates to legal services, consulting services, or public relations services, whether gratuitous or for compensation, between a member or member-elect and any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth or (ii) a greater than three percent ownership interest by a member or member-elect in a business that employs, or engages as an independent contractor, any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth. The disclosure of a lobbyist relationship shall not (a) constitute a waiver of any attorney-client or other privilege, (b) require a waiver of any attorney-client or other privilege for a third party, or (c) be required where a member or member-elect is employed or engaged by a person and such person also employs or engages a person in a lobbyist relationship so long as the member or member-elect has no financial interest in the lobbyist relationship.

TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly.

REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information, and belief of the individual filing the Statement as of the date of this report unless otherwise stated.

COMPLETE ITEMS 1 THROUGH 11. REFER TO SCHEDULES ONLY IF DIRECTED.

You may attach additional explanatory information.

1. Offices and Directorships.

Are you or a member of your immediate family a paid officer or paid director of a business?

EITHER check NO / / OR check YES / / and complete Schedule A.

2. Personal Liabilities.

Do you or a member of your immediate family owe more than $5,000 to any one creditor including contingent liabilities? (Exclude debts to any government and loans secured by recorded liens on property at least equal in value to the loan.)

EITHER check NO / / OR check YES / / and complete Schedule B.

3. Securities.

Do you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000 invested in one business? Account for mutual funds, limited partnerships and trusts.

EITHER check NO / / OR check YES / / and complete Schedule C.

4. Payments for Talks, Meetings, and Publications.

During the past six months did you receive in your capacity as a legislator lodging, transportation, money, or anything else of value with a combined value exceeding $200 (i) for a single talk, meeting, or published work or (ii) for a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as a legislator, including issues faced by your constituents, or (b) enhance your knowledge and skills relative to your duties as a legislator? Do not include payments and reimbursements from the Commonwealth for meetings attended in your capacity as a legislator; see Question 11 and Schedule D2 to report such meetings.

EITHER check NO / / OR check YES / / and complete Schedule D.

5. Gifts.

During the past six months did a business, government, or individual other than a relative or personal friend (i) furnish you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnish you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange? Account for entertainment events only if the average value per person attending the event exceeded $50. Account for all business entertainment (except if related to the private profession or occupation of you or the member of your immediate family who received such business entertainment) even if unrelated to your official duties.

EITHER check NO / / OR check YES / / and complete Schedule E.

6. Salary and Wages.

List each employer that pays you or a member of your immediate family salary or wages in excess of $5,000 annually. (Exclude any salary received as a member of the General Assembly pursuant to § 30-19.11.)

If no reportable salary or wages, check here / /.

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

7. Business Interests and Lobbyist Relationships.

7A. Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $5,000 in a business?

EITHER check NO / / OR check YES / / and complete Schedule F-1.

7B. Do you have a lobbyist relationship as that term is defined above?

EITHER check NO / / OR check YES / / and complete Schedule F-2.

8. Payments for Representation and Other Services.

8A. Did you represent any businesses before any state governmental agencies, excluding courts or judges, for which you received total compensation during the past six months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers?

EITHER check NO / / OR check YES / / and complete Schedule G-1.

8B. Subject to the same exceptions as in 8A, did persons with whom you have a close financial association (partners, associates or others) represent any businesses before any state governmental agency for which total compensation was received during the past six months in excess of $1,000?

EITHER check NO / / OR check YES / / and complete Schedule G-2.

8C. Did you or persons with whom you have a close financial association furnish services to businesses operating in Virginia, pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses for which total compensation in excess of $1,000 was received during the past six months? Services reported under this provision shall not include services involving the representation of businesses that are reported under question 8A or 8B above.

EITHER check NO / / OR check YES / / and complete Schedule G-3.

9. Real Estate.

Do you or a member of your immediate family hold an interest, including a partnership interest, valued at more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust.

EITHER check NO / / OR check YES / / and complete Schedule H.

10. Real Estate Contracts with State Governmental Agencies.

Do you or a member of your immediate family hold an interest valued at more than $5,000 in real estate, including a corporate, partnership, or trust interest, option, easement, or land contract, which real estate is the subject of a contract, whether pending or completed within the past six months, with a state governmental agency?

If the real estate contract provides for the leasing of the property to a state governmental agency, do you or a member of your immediate family hold an interest in the real estate, including a corporate, partnership, or trust interest, option, easement, or land contract valued at more than $1,000? Account for all such contracts whether or not your interest is reported in Schedule F or H. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.

EITHER check NO / / OR check YES / / and complete Schedule I.

11. Payments by the Commonwealth for Meetings.

During the past six months did you receive lodging, transportation, money, or anything else of value with a combined value exceeding $200 from the Commonwealth for a single meeting attended out-of-state in your capacity as a legislator? Do not include reimbursements from the Commonwealth for meetings attended in the Commonwealth.

EITHER check NO / / OR check YES / / and complete Schedule D-2.

For Statements filed in January June 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.)

(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 $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                                               Check one
      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                                               Check one
      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, mutual funds, limited partnerships, and commodity futures contracts.

"Securities" EXCLUDES certificates of deposit, money market funds, annuity contracts, and insurance policies.

Identify each business or Virginia governmental entity in which you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000. Name each issuer and type of security individually.

Do not list U.S. Bonds or other government securities not issued by the Commonwealth of Virginia or its authorities, agencies, or local governments. Do not list organizations that do not do business in this Commonwealth, but most major businesses conduct business in Virginia. Account for securities held in trust.

If no reportable securities, check here / / .


  ____________________________________________________________________________
 
                                                            Check one
                               Type of Security     $5,001   $50,001    More
                            (stocks, bonds, mutual     to       to      than
  Name of Issuer                 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 six months in your capacity as a legislator lodging, transportation, money, or any other thing of value with a combined value exceeding $200 (i) for your presentation of a single talk, participation in one meeting, or publication of a work or (ii) for your attendance at a meeting, conference, or event where your attendance at the meeting, conference, or event was designed to (a) educate you on issues relevant to your duties as a legislator, including issues faced by your constituents, or (b) enhance your knowledge and skills relative to your duties as a legislator. Any lodging, transportation, money, or other thing of value received by a legislator that does not satisfy the criteria of clause (i), (ii)(a), or (ii)(b) shall be listed as a gift on Schedule E. Do not list payments or reimbursements by the Commonwealth. (See Schedule D-2 for such payments or reimbursements.) List a payment even if you donated it to charity. Do not list information about a payment if you returned it within 60 days or if you received it from an employer already listed under Item 6 or from a source of income listed on Schedule F.

If no payment must be listed, check here / /.


  __________________________________________________________________________
 
                                                           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 six months to you for lodging, transportation, money, or any other thing of value with a combined value exceeding $200 for your participation in your capacity as a legislator. Do not list payments or reimbursements by the Commonwealth for meetings or travel within the Commonwealth.

If no payment must be listed, check here / /.


  __________________________________________________________________________
 
                                                           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 six months, (i) furnished you or a member of your immediate family with any gift or entertainment at a single event, and the value received exceeded $50 or (ii) furnished you or a member of your immediate family with gifts or entertainment in any combination and the total value received exceeded $100, and for which you or the member of your immediate family neither paid nor rendered services in exchange. List each such gift or event.

Do not list entertainment events unless the average value per person attending the event exceeded $50. Do not list business entertainment related to the private profession or occupation of you or the member of your immediate family who received such business entertainment. Do not list gifts or other things of value given by a relative or personal friend for reasons clearly unrelated to your public position. Do not list campaign contributions publicly reported as required by Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2 of the Code of Virginia.


  __________________________________________________________________________
 
                 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 $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
  List each person   Describe each   Dates of          $10,000     More than
  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 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 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 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 $5,000 or more. Each parcel 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 six months, with a state governmental agency for the sale or exchange of real estate in which you or a member of your immediate family holds an interest, including a corporate, partnership or trust interest, option, easement, or land contract, valued at more than $10,000. List all contracts with a state governmental agency for the lease of real estate in which you or a member of your immediate family holds such an interest valued at more than $1,000. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.


  _______________________________________________________________________
 
  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. The Statement of Economic Interests of all members of each house shall be reviewed by the Council Commission. 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.

§ 30-123. Knowing violation of chapter a misdemeanor.

Any legislator who knowingly violates any of the provisions of Articles 2 through 5 (§§ 30-102 through 30-111) of this chapter shall be guilty of a Class 1 misdemeanor. A knowing violation under this section is one in which the person engages in conduct, performs an act, or refuses to perform an act when he knows that the conduct is prohibited or required by this chapter. There shall be no prosecution for a violation of § 30-108 or subsection C of § 30-110 unless the house in which the member sits Commission has referred the matter to the Attorney General as provided in subdivision 4 of § 30-116 § 2.2-2545.

§ 30-124. Advisory opinions.

A legislator shall not be prosecuted or disciplined for a violation of this chapter if his alleged violation resulted from his good faith reliance on a written opinion of a committee on standards of conduct established pursuant to § 30-120, an opinion of the Attorney General as provided in § 30-122, or a formal opinion of the Virginia Conflict of Interest and Ethics Advisory Council established pursuant to § 30-355 Commission as provided in § 2.2-2541, and the opinion was made after his full disclosure of the facts.

§ 30-127. Criminal prosecutions.

A. Violations of this chapter may be prosecuted notwithstanding the jurisdiction of, or any pending proceeding before, the House or Senate Ethics Advisory Panel Commission.

B. Nothing in this chapter shall limit or affect the application of other criminal statutes and penalties as provided in the Code of Virginia, including but not limited to bribery, embezzlement, perjury, conspiracy, fraud, and violations of the Campaign Finance Disclosure Act Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.

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

The Virginia Conflict of Interest and Ethics Advisory Council Commission 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.

2. That §§ 30-112 through 30-119 and Chapter 56 (§§ 30-355 through 30-358) of Title 30 of the Code of Virginia are repealed.

3. That the initial appointments of nonlegislative citizen members to the Virginia Independent Commission on Ethics shall be staggered as follows: one at-large member for a term of one year and the former member of the House for a term of four years to be appointed by the Speaker of the House of Delegates; one at-large member for a term of two years and the former member of the Senate for a term of three years to be appointed by the Senate Committee on Rules; and the former officer or employee of the executive branch for a term of three years, the former local government officer or employee for a term of two years, one at-large citizen member for a term of one year and one for a term of four years, and the former judge for a term of four years to be appointed by the Governor.

4. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.