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2011 SESSION

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11102099D
SENATE BILL NO. 852 Offered January 12, 2011 Prefiled January 7, 2011 A BILL to amend and reenact § 2.2-431 of the Code of Virginia, relating to lobbyists; annual statement of expenditures; penalty. ---------- Patron-- Petersen ---------- Referred to Committee on General Laws and Technology ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 2.2-431 of the Code of Virginia is amended and reenacted as follows:

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

A. EveryAny 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 $50, and every individual failing to file the statement within ten 10 days after the time prescribed herein shall be assessed an additional civil penalty of fifty dollars $50 per day from the eleventh day of such default until the statement is filed; however, the total fine shall not exceed $10,000. 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 $50, and shall be assessed an additional civil penalty of fifty dollars $50 per day from the eleventh day of such default until the statement is filed, provided however that the total fine shall not exceed $10,000. 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.