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2006 SESSION
061129160Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3117 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3117. Disclosure form.
The disclosure form to be used for filings required by § 2.2-3114 A and D, and § 2.2-3115 A and D shall be substantially as follows:
STATEMENT OF ECONOMIC INTERESTS.
Name .........................................................................
Office or position held or sought ............................................
Home address .................................................................
Names of members of immediate family ........................................
DEFINITIONS AND EXPLANATORY MATERIAL.
"Immediate family" means (i) a spouse and (ii) any other person residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent.
"Dependent" means any person, whether or not related by blood or marriage, who receives from the officer or employee, or provides to the officer or employee, more than one-half of his financial support.
"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" does not mean an association based on the receipt of retirement benefits or deferred compensation from a business by which the person filing this statement is no longer employed. "Close financial association" does not include an association based on 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.
"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. "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.
TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly.
REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information and belief of the individual filing the Statement as of the date of this report unless otherwise stated.
COMPLETE ITEMS 1 THROUGH 10. REFER TO SCHEDULES ONLY IF DIRECTED.
You may attach additional explanatory information.
1. Offices and Directorships.
Are you or a member of your immediate family a paid officer or paid director of a business?
EITHER check NO / / OR check YES / / and complete Schedule A.
2. Personal Liabilities.
Do you or a member of your immediate family owe more than $10,000 to any one creditor including contingent liabilities? (Exclude debts to any government and loans secured by recorded liens on property at least equal in value to the loan.)
EITHER check NO / / OR check YES / / and complete Schedule B.
3. Securities.
Do you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $10,000 invested in one business? Account for mutual funds, limited partnerships and trusts.
EITHER check NO / / OR check YES / / and complete Schedule C.
4. Payments for Talks, Meetings, and Publications.
During the past 12 months did you receive lodging, transportation, money, or anything else of value with a combined value exceeding $200 for a single talk, meeting, or published work in your capacity as an officer or employee of your agency?
EITHER check NO / / OR check YES / / and complete Schedule D.
5. Gifts.
During the past 12 months did a business, government, or individual other than a relative or personal friend (i) furnish you with any gift or entertainment at a single event, and the value received by you exceeded $50 in value or (ii) furnish you with gifts or entertainment in any combination and the value received by you exceeded $100 in total value; and for which you neither paid nor rendered services in exchange? Account for entertainment events only if the average value per person attending the event exceeded $50 in value. Account for all business entertainment (except if related to your private profession or occupation) even if unrelated to your official duties.
EITHER check NO / / OR check YES / / and complete Schedule E.
6. Salary and Wages.
List each employer that pays you or a member of your immediate family salary or wages in excess of $10,000 annually. (Exclude state or local government or advisory agencies.)
If no reportable salary or wages, check here / /.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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7. Business Interests.
Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $10,000 in a business?
EITHER check NO / / OR check YES / / and complete Schedule F.
8. Payments for Representation and Other Services.
8A. Did you represent any businesses before any state governmental agencies, excluding courts or judges, for which you received total compensation during the past 12 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 any businesses before any state governmental agency for which total compensation was received during the past 12 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 for which total compensation in excess of $1,000 was received during the past 12 months?
EITHER check NO / / OR check YES / / and complete Schedule G-3.
9. Real Estate.
9A. State Officers and Employees.
Do you or a member of your immediate family hold an interest, including a partnership interest, valued at $10,000 or more 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, valued at $10,000 or more in real property located in the county, city or town in which you serve or in a county, city or town contiguous to the county, city or town in which you serve (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust.
EITHER check NO / / OR check YES / / and complete Schedule H-2.
10. Real Estate Contracts with Governmental Agencies.
Do you or a member of your immediate family hold an interest valued at more than $10,000 in real estate, including a corporate, partnership, or trust interest, option, easement, or land contract, which real estate is the subject of a contract, whether pending or completed within the past 12 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 ....................................................................
Commonwealth of Virginia
.......... of .......... to wit:
The foregoing disclosure form was acknowledged before me
This .......... day of .........., 20. . . , by ............................
Notary Public
My commission expires ........................................................
(Return only if needed to complete Statement.)
SCHEDULES
to
STATEMENT OF ECONOMIC INTERESTS.
NAME ................................................................
SCHEDULE A - OFFICES AND DIRECTORSHIPS.
Identify each business of which you or a member of your immediate family is a paid officer or paid director.
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Name of Business Address of Business Position Held
----------------- ------------------ ------------------
----------------- ------------------ ------------------
----------------- ------------------ ------------------
----------------- ------------------ ------------------
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RETURN TO ITEM 2
SCHEDULE B - PERSONAL LIABILITIES.
Report personal liability by checking each category. Report only debts in excess of $10,000. 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:
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Check Check one
appropriate $10,001 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.)
____________________________________________
____________________________________________
Individual creditors:
(State principal business or
occupation of each creditor.)
____________________________________________
____________________________________________
2. The personal debts of the members of my immediate family are as follows:
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Check Check one
appropriate $10,001 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.)
____________________________________________
____________________________________________
Individual creditors:
(State principal business or
occupation of each creditor.)
____________________________________________
____________________________________________
RETURN TO ITEM 3
SCHEDULE C - SECURITIES.
"Securities" INCLUDES stocks, bonds, "Securities" EXCLUDES
mutual funds, limited partnerships, certificates of deposit,
and commodity futures contracts. money market funds, annuity
contracts, and insurance policies.
Identify each business or Virginia governmental entity in which you or a
member of your immediate family, directly or indirectly, separately or
together, own securities valued in excess of $10,000.
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 / /.
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Check one
Type of Security More
Type of (stocks, bonds, mutual $10,001 to than
Name of Issuer Entity funds, etc.) $50,000 $50,000
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-------------- ------- ------------------------ ---------- ---------
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--------------
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RETURN TO ITEM 4
SCHEDULE D - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS.
List each source from which you received during the past 12 months lodging, transportation, money, or any other thing of value (excluding meals or drinks coincident with a meeting) with combined value exceeding $200 for your presentation of a single talk, participation in one meeting, or publication of a work in your capacity as an officer or employee of your agency.
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 / /.
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Type of payment
(e.g. honoraria,
travel reimburse-
Payer Approximate Value Circumstances ment, etc.)
---------- --------------------- -------------- ---------------
---------- --------------------- -------------- ---------------
---------- --------------------- -------------- ---------------
---------- --------------------- -------------- ---------------
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RETURN TO ITEM 5
SCHEDULE E - GIFTS.
List each business, governmental entity, or individual that, during the past 12 months, (i) furnished you with any gift or entertainment at a single event and the value received by you exceeded $50 in value, or (ii) furnished you with gifts or entertainment in any combination and the value received by you exceeded $100 in total value; and for which you neither paid nor rendered services in exchange. List each such gift or event. Do not list entertainment events unless the average value per person attending the event exceeded $50 in value. Do not list business entertainment related to your private profession or occupation. 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 (§ 24.2-900 et seq.) of Title 24.2 of the Code of Virginia.
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Name of Business, City or
Organization, or County Gift or
Individual and State Event Approximate Value
------------------ --------- --------- ------------------
------------------ --------- --------- ------------------
------------------ --------- --------- ------------------
------------------ --------- ---------
RETURN TO ITEM 6
SCHEDULE F - BUSINESS INTERESTS.
Complete this Schedule for each self-owned or family-owned business (including rental property, a farm, or consulting work), partnership, or corporation in which you or a member of your immediate family, separately or together, own an interest having a value in excess of $10,000.
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.
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Name of Business, Gross income
Corporation,
Partnership, Nature of Enterprise
Farm; Address of City or County (farming, law, rental $50,000 More than
Rental Property and State property, etc.) or less $50,000
----------------- -------------- -------------------- ------- ---------
----------------- -------------- -------------------- ------- ---------
----------------- -------------- -------------------- ------- ---------
----------------- -------------- -------------------- ------- ---------
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RETURN TO ITEM 8
SCHEDULE G-1 - PAYMENTS FOR REPRESENTATION BY YOU.
List the businesses you represented before any state governmental agency, excluding any court or judge, for which you received total compensation during the past 12 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.
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Amount Received
Name Type Pur- Name
of of pose of
Busi- Busi- of Agen-
ness ness Repre- cy $1,001 $10,001 $50,001 $100,001 $250,001
senta- to to to to and
tion $10,000 $50,000 $100,000 $250,000 over
----- ----- ------ ------ -------- -------- -------- -------- --------
----- ----- ------ ------ -------- -------- -------- -------- --------
----- ----- ------ ------ -------- -------- -------- -------- --------
----- ----- ------ ------ -------- -------- -------- -------- --------
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SCHEDULE G-2 - PAYMENTS FOR REPRESENTATION BY ASSOCIATES.
List the businesses that have been represented before any state governmental agency, excluding any court or judge, by persons who are your partners, associates or others with whom you have a close financial association and who received total compensation in excess of $1,000 for such representation during the past 12 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.
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Type of business Name of state governmental agency
-------------------- --------------------------------------
-------------------- --------------------------------------
-------------------- --------------------------------------
-------------------- --------------------------------------
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SCHEDULE G-3 - PAYMENTS FOR 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 and for which total compensation in excess of $1,000 was received during the past 12 months.
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.
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Value of Compensation
Check Type
if of
ser- ser-
vices vice
were ren-
ren- dered
dered $1,001 $10,001 $50,001 $100,001 $250,001
to to to to and
$10,000 $50,000 $100,000 $250,000 over
Electric utilities
Gas utilities
Telephone utilities
Water utilities
Cable television
companies
Interstate
transportation
companies
Intrastate
transportation
companies
Oil or gas retail
companies
Banks
Savings institutions
Loan or finance
companies
Manufacturing
companies (state
type of product,
e.g., textile,
furniture, etc.)
Mining companies
Life insurance
companies
Casualty insurance
companies
Other insurance
companies
Retail companies
Beer, wine or liquor
companies or
distributors
Trade associations
Professional
associations
Associations of
public employees or
officials
Counties, cities or
towns
Labor organizations
Other
RETURN TO ITEM 9
SCHEDULE H-1 - REAL ESTATE - STATE OFFICERS AND EMPLOYEES.
List real estate other than your principal residence in which you or a member of your immediate family holds an interest, including a partnership interest, option, easement, or land contract, valued at $10,000 or more. You may list each parcel of real estate individually if you wish.
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List each location Describe the type of real If the real estate is
(state, and county estate you own in each owned or recorded in
or city) where you location (business, recre- a name other than your
own real estate. ational, apartment, com- own, list that name.
mercial, open land, etc.).
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---------------------- ------------------------- ----------------------
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---------------------- ------------------------- ----------------------
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SCHEDULE H-2 - REAL ESTATE - LOCAL OFFICERS AND EMPLOYEES.
List real estate located in your county, city, or town, and any contiguous county, city, or town other than your principal residence in which you or a member of your immediate family holds an interest, including a partnership interest, option, easement, or land contract, valued at $10,000 or more. You may list each parcel of real estate individually if you wish.
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List each location Describe the type of real If the real estate is
(state, and county estate you own in each owned or recorded in
or city (where you location (business, a name other than your
own real estate. recreational, apartment, own, list that name.
commercial, open land,
etc.).
---------------------- ------------------------- ----------------------
---------------------- ------------------------- ----------------------
---------------------- ------------------------- ----------------------
---------------------- ------------------------- ----------------------
---------------------- ------------------------- ----------------------
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RETURN TO ITEM 10
SCHEDULE I - REAL ESTATE CONTRACTS WITH GOVERNMENTAL AGENCIES.
List all contracts, whether pending or completed within the past 12 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 $10,000 or more. List all contracts with a governmental agency for the lease of real estate in which you or a member of your immediate family holds such an interest valued at $1,000 or more. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.
State officers and employees report contracts with state agencies.
Local officers and employees report contracts with local agencies.
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List your real estate List each governmental State the annual
interest and the agency which is a income from the
person or entity, party to the contract contract, and the
including the type and indicate the amount, if any, of
of entity, which county or city where income you or any
is party to the real estate immediate family
the contract. is located. member derives
Describe any annually from the
management role and contract.
the percentage
ownership
interest you or your
immediate family
member has in the real
estate or entity.
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---------------------- ------------------------- ----------------------
---------------------- ------------------------- ----------------------
---------------------- ------------------------- ----------------------
---------------------- ------------------------- ----------------------
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Notwithstanding the provisions of this section, justices of the Supreme Court of Virginia, judges of the Court of Appeals, judges of the various circuit courts, and judges of the various general district and juvenile and domestic relations district courts shall not be required to disclose the address or telephone number of their principal residence, or the names or occupations of any immediate family members on the statement of economic interests required by this article. Nothing in this section shall relieve any justice or judge from providing all other information required under this article, nor from the requirement to follow the canons of judicial conduct.