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2010 SESSION
10104076DBe it enacted by the General Assembly of Virginia:
1. That § 30-19.14 of the Code of Virginia is amended and reenacted as follows:
§ 30-19.14. Equipment allowance; monthly office allowance; accountable plans.
A. EachSubject to the
provisions of subsections B and C, a member of the General
Assembly shall receive as an a biennial allowance
for office equipment and a monthly allowance for
office expenses and supplies such sums as
shall be set forth in the general appropriation act.
B. Notwithstanding any provision of law, all payments
to members of the General Assembly made in accordance with subsection A shall
be subject to such taxes and tax withholding as applicable to other
nonvouchered allowances, except for any member of the General Assembly who has
established an individual "accountable plan" as defined in §
1.62-2(c)(2) of the Internal Revenue Code Tax Regulations. The
maximum biennial allowance for office equipment shall not exceed $2,000. A
member shall be entitled to reimbursement from this allowance
at any time for office equipment acquired for his legislative office in his
district upon submission to the member's respective house clerk
of a voucher and accompanying receipts for purchase of such equipment. The
Clerk of the House of Delegates and the Clerk of the Senate,
under the direction of their respective Rules Committees,
shall establish policies in their houses for the transfer to
the Commonwealth of equipment purchased with the allowance whenever the
equipment falls into disuse or the member leaves office. Each
Rules Committee may exempt certain types of equipment from transfer,
and such equipment shall become the personal property of the member. Members
shall transfer the office equipment in accordance with established policy.
C. The monthly office expense and supply allowance shall be paid to the members separately or in itemized form, and shall be subject to all the requirements for maintaining an "accountable plan" as defined in § 1.62.2 (c) (2) of the Internal Revenue Code Tax Regulations. Each member of the General Assembly shall keep a detailed and separate account of these funds and file a quarterly statement with substantiating documentation accounting for these funds. Members of the House shall file their statements with the Clerk of the House of Delegates and members of the Senate shall file their statements with the Clerk of the Senate. The clerks shall maintain the statements as public records in their offices for five years.
D. The statements shall be filed on a form approved by the respective Rules Committee for each house and shall set forth the date and amount of any reimbursable expenditure, the name and address of the person to whom the expenditure was made, and the object or purpose of the expenditure. The statements shall list any reimbursable expenditure incurred during the current reporting period, any unreimbursed reimbursable expenditure, or portion thereof, reported during a preceding period, and the remaining balance. The remaining balance shall be refunded to the Commonwealth and submitted to the clerk of the appropriate house.
2. That the provisions of this act shall become effective on January 11, 2012.
3. That no later than January 1, 2011, the Clerk of the House of Delegates and the Clerk of the Senate shall develop and submit to their respective Rules Committees for review and approval the policies and forms required for the implementation of this act.