SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2014 SESSION
14100385DBe it enacted by the General Assembly of Virginia:
1. That §§ 24.2-502, as it is currently effective and as it shall become effective, 30-101, 30-110 through 30-113, 30-114 through 30-119, and 30-127 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-502. (Effective until July 1, 2014) Statement of economic interests as requirement of candidacy.
It shall be a requirement of candidacy that a written
statement of economic interests shall be filed by (i) a candidate for Governor,
Lieutenant Governor, or Attorney General with the Secretary of the Commonwealth,
(ii) a candidate for Senate or House of Delegates with the clerk
of the appropriate house
Virginia Legislative Ethics Commission, (iii) a candidate
for a constitutional office with the general registrar for the county or city,
and (iv) a candidate for member of the governing body or elected school board
of any county, city, or town with a population in excess of 3,500 persons with
the general registrar for the county or city. The statement of economic
interests shall be that specified in § 30-111 for candidates for the General
Assembly and in § 2.2-3117 for all other candidates. The foregoing requirement
shall not apply to a candidate for reelection to the same office who has met
the requirement of annually filing a statement pursuant to § 2.2-3114, § 2.2-3115,
or § 30-110.
The Secretary of the Commonwealth, the
clerks of the Senate and House of Delegates Virginia Legislative
Ethics Commission, the general
registrar, and the clerk of the local governing body shall transmit to the
State Board, immediately after the filing deadline, a list of the candidates
who have filed initial or annual statements of economic interests. The
Secretary of the State Board shall notify the appropriate local electoral
boards of the filings.
§ 24.2-502. (Effective July 1, 2014) Statement of economic interests as requirement of candidacy.
It shall be a requirement of candidacy that a written
statement of economic interests shall be filed by (i) a candidate for Governor,
Lieutenant Governor, or Attorney General with the Secretary of the
Commonwealth, (ii) a candidate for Senate or House of Delegates with the clerk of the
appropriate house Virginia Legislative
Ethics Commission, (iii) a candidate for a constitutional
office with the general registrar for the county or city, and (iv) a candidate
for member of the governing body or elected school board of any county, city,
or town with a population in excess of 3,500 persons with the general registrar
for the county or city. The statement of economic interests shall be that
specified in § 30-111 for candidates for the General Assembly and in § 2.2-3117
for all other candidates. The foregoing requirement shall not apply to a
candidate for reelection to the same office who has met the requirement of
annually filing a statement pursuant to § 2.2-3114, 2.2-3115, or 30-110.
The Secretary of the Commonwealth, the
clerks of the Senate and House of Delegates Virginia Legislative
Ethics Commission, the general
registrar, and the clerk of the local governing body shall transmit to the
State Board, immediately after the filing deadline, a list of the candidates
who have filed initial or annual statements of economic interests. The
Commissioner of Elections shall notify the appropriate local electoral boards
of the filings.
§ 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 Legislative Ethics Commission established pursuant to § 30-112.
"Contract" means any agreement to which a governmental agency is a party, or any agreement on behalf of a governmental agency which involves the payment of money appropriated by the General Assembly or a political subdivision, whether or not such agreement is executed in the name of the Commonwealth of Virginia, or some political subdivision thereof. "Contract" includes a subcontract only when the contract of which it is a part is with the legislator's own governmental agency.
"Financial institution" means any bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, broker-dealer as defined in subsection A of § 13.1-501, or investment company or advisor registered under the federal Investment Advisors Act or Investment Company Act of 1940.
"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall not include any offer of a ticket or other admission or pass unless the ticket, admission, or pass is used. "Gift" shall not include honorary degrees and presents from relatives. For the purpose of this definition, "relative" means the donee's spouse, child, uncle, aunt, niece, or nephew; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, or sister; or the donee's brother's or sister's spouse.
"Governmental agency" means each component part of the legislative, executive or judicial branches of state and local government, including each office, department, authority, post, commission, committee, and each institution or board created by law to exercise some regulatory or sovereign power or duty as distinguished from purely advisory powers or duties.
"Immediate family" means (i) a spouse and (ii) any other person residing in the same household as the legislator, who is a dependent of the legislator or of whom the legislator is a dependent. "Dependent" means a son, daughter, father, mother, brother, sister or other person, whether or not related by blood or marriage, if such person receives from the legislator, or provides to the legislator, more than one-half of his financial support.
"Legislator" means a member of the General Assembly.
"Personal interest" means a financial benefit or liability accruing to a legislator or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 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 that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business.
"Personal interest in a contract" means a personal interest which a legislator has in a contract with a governmental agency, whether due to his being a party to the contract or due to a personal interest in a business which 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 any individual or business and such property, business or represented 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 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 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.
§ 30-110. Disclosure.
A. Every legislator and legislator-elect shall file, as a
condition to assuming office, a disclosure statement of his personal interests
and such other information as is specified on the form set forth in § 30-111
and thereafter shall file such a statement annually on or before January 8.
When the filing deadline falls on a Saturday, Sunday, or legal holiday, the
disclosure statement shall be filed on the next day that is not a Saturday,
Sunday, or legal holiday. Disclosure forms shall be provided by the clerk of the appropriate house Virginia Legislative
Ethics Commission to each legislator
and legislator-elect not later than November 30 of each year. Members of the Senate shall file their disclosure forms with the
Clerk of the Senate and members of the House of Delegates General Assembly shall file
their disclosure forms with the Clerk of the House of
Delegates 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 clerk
of the appropriate house
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 .......................................
Home address ............................................................
Names of members of immediate family ....................................
DEFINITIONS AND EXPLANATORY MATERIAL.
"Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit.
"Close financial association" means an association in which the filer shares significant financial involvement with an individual and the filer would reasonably be expected to be aware of the individual's business activities and would have access to the necessary records either directly or through the individual. "Close financial association" does not mean an association based on (i) the receipt of retirement benefits or deferred compensation from a business by which the legislator is no longer employed, or (ii) the receipt of compensation for work performed by the legislator as an independent contractor of a business that represents an entity before any state governmental agency when the legislator has had no communications with the state governmental agency.
"Contingent liability" means a liability that is not presently fixed or determined, but may become fixed or determined in the future with the occurrence of some certain event.
"Dependent" means any person, whether or not related by blood or marriage, who receives from the legislator, or provides to the legislator, more than one-half of his financial support.
"Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred. "Gift" shall 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.
"Immediate family" means (i) a spouse and (ii) any other person residing in the same household as the legislator, who is a dependent of the legislator or of whom the legislator is a dependent.
"Lobbyist relationship" means (i) an engagement, agreement, or representation that relates to legal services, consulting services, or public relations services, whether gratuitous or for compensation, between a member or member-elect and any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth, or (ii) a greater than three percent ownership interest by a member or member-elect in a business that employs, or engages as an independent contractor, any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth. The disclosure of a lobbyist relationship shall not (i) 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.
TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly.
REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information and belief of the individual filing the Statement as of the date of this report unless otherwise stated.
COMPLETE ITEMS 1 THROUGH 11. REFER TO SCHEDULES ONLY IF DIRECTED.
You may attach additional explanatory information.
1. Offices and Directorships.
Are you or a member of your immediate family a paid officer or paid director of a business?
EITHER check NO / / OR check YES / / and complete Schedule A.
2. Personal Liabilities.
Do you or a member of your immediate family owe more than $10,000 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 a legislator? Do not include payments and reimbursements from the Commonwealth for meetings attended in your capacity as a legislator; see Question 11 and Schedule D2 to report such meetings.
EITHER check NO / / OR check YES / / and complete Schedule D.
5. Gifts.
During the past 12 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 any salary received as a member of the General Assembly pursuant to § 30-19.11.)
If no reportable salary or wages, check here / / .
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
7. Business Interests and Lobbyist Relationships.
7A. Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $10,000 in a business?
EITHER check NO / / OR check YES / / and complete Schedule F-1.
7B. Do you have a lobbyist relationship as that term is defined above?
EITHER check NO / / OR check YES / / and complete Schedule F-2.
8. Payments for Representation and Other Services.
8A. Did you represent any businesses before any state governmental agencies, excluding courts or judges, for which you received total compensation during the past 12 months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers?
EITHER check NO / / OR check YES / / and complete Schedule G-1.
8B. Subject to the same exceptions as in 8A, did persons with whom you have a close financial association (partners, associates or others) represent any businesses before any state governmental agency for which total compensation was received during the past 12 months in excess of $1,000?
EITHER check NO / / OR check YES / / and complete Schedule G-2.
8C. Did you or persons with whom you have a close financial association furnish services to businesses operating in Virginia, pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses for which total compensation in excess of $1,000 was received during the past 12 months? Services reported under this provision shall not include services involving the representation of businesses that are reported under question 8A or 8B above.
EITHER check NO / / OR check YES / / and complete Schedule G-3.
9. Real Estate.
Do you or a member of your immediate family hold an interest, including a partnership interest, valued at $10,000 or more in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust.
EITHER check NO / / OR check YES / / and complete Schedule H.
10. Real Estate Contracts with State Governmental Agencies.
Do you or a member of your immediate family hold an interest valued at more than $10,000 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 state governmental agency?
If the real estate contract provides for the leasing of the property to a state governmental agency, do you or a member of your immediate family hold an interest in the real estate, including a corporate, partnership, or trust interest, option, easement, or land contract valued at more than $1,000? Account for all such contracts whether or not your interest is reported in Schedule F or H. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.
EITHER check NO / / OR check YES / / and complete Schedule I.
11. Payments by the Commonwealth for Meetings.
During the past 12 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.
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 ________________________________
Commonwealth of Virginia
________ of ________ to wit:
The foregoing disclosure form was acknowledged before me
This ________ day of ____________, 20____, by ______________
Notary Public
My commission expires ________________________
(Return only if needed to complete Statement.)
SCHEDULES
to
STATEMENT OF ECONOMIC INTERESTS.
NAME ________________________________
SCHEDULE A - OFFICES AND DIRECTORSHIPS.
Identify each business of which you or a member of your immediate family is a paid officer or paid director.
_________________________________________________________________________
Name of Business Address of Business Position Held
_____________________ _______________________ _______________________
_____________________ _______________________ _______________________
_____________________ _______________________ _______________________
_____________________ _______________________ _______________________
_________________________________________________________________________
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:
__________________________________________________________________________
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:
__________________________________________________________________________
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. Name each entity 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 $10,001 $50,001 More
Type of (stocks, bonds, to to than
Name of Issuer Entity mutual funds, etc.) $50,000 $250,000 $250,000
______________ _______ ___________________ ________ ________ ________
______________ _______ ___________________ ________ ________ ________
______________ _______ ___________________ ________ ________ ________
______________ _______ ___________________ ________ ________ ________
__________________________________________________________________________
RETURN TO ITEM 4
SCHEDULE D-1 - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS.
List each source from which you received during the past 12 months lodging, transportation, money, or any other thing of value (excluding meals or drinks coincident with a meeting) with a combined value exceeding $200 for your presentation of a single talk, participation in one meeting, or publication of a work in your capacity as a legislator. Do not list payments or reimbursements by the Commonwealth. (See Schedule D-2 for such payments or reimbursements.) List a payment even if you donated it to charity. Do not list information about a payment if you returned it within 60 days or if you received it from an employer already listed under Item 6 or from a source of income listed on Schedule F.
If no payment must be listed, check here / / .
__________________________________________________________________________
Type of Payment
(e.g., Honoraria,
Travel reimburse-
Payer Approximate Value Circumstances ment, etc.)
__________________ __________________ _______________ _________________
__________________ __________________ _______________ _________________
__________________ __________________ _______________ _________________
__________________ __________________ _______________ _________________
__________________________________________________________________________
RETURN TO ITEM 5
SCHEDULE D-2 - PAYMENTS BY THE COMMONWEALTH FOR MEETINGS.
List each meeting for which the Commonwealth provided payments or reimbursements during the past 12 months to you for lodging, transportation, money, or any other thing of value (excluding meals or drinks coincident with a meeting) with a combined value exceeding $200 for your participation in your capacity as a legislator. Do not list payments or reimbursements by the Commonwealth for meetings or travel within the Commonwealth.
If no payment must be listed, check here / / .
__________________________________________________________________________
Type of Payment
(e.g., Travel
reimbursement,
Payer Approximate Value Circumstances etc.)
__________________ __________________ _______________ _________________
__________________ __________________ _______________ _________________
__________________ __________________ _______________ _________________
__________________ __________________ _______________ _________________
__________________________________________________________________________
SCHEDULE E - GIFTS.
List each business, governmental entity, or individual that, during the past 12 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 9.3 (§ 24.2-945 et seq.) of Title 24.2 of the Code of Virginia.
_________________________________________________________________________
Name of Business, City or
Organization, or County
Individual and State Gift or Event Approximate Value
________________________ _________ ________________ __________________
________________________ _________ ________________ __________________
________________________ _________ ________________ __________________
________________________ _________ ________________ __________________
_________________________________________________________________________
RETURN TO ITEM 6
SCHEDULE F-1 - BUSINESS INTERESTS.
Complete this Schedule for each self-owned or family-owned business (including rental property, a farm, or consulting work), partnership, or corporation in which you or a member of your immediate family, separately or together, own an interest having a value in excess of $10,000.
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 $10,0001
_________________ ______________ ______________ ___________ ___________
_________________ ______________ ______________ ___________ ___________
_________________ ______________ ______________ ___________ ___________
_________________ ______________ ______________ ___________ ___________
_________________ ______________ ______________ ___________ ___________
___________________________________________________________________________
THE DISCLOSURE OF A LOBBYIST RELATIONSHIP SHALL NOT (I) CONSTITUTE A WAIVER OF ANY ATTORNEY-CLIENT OR OTHER PRIVILEGE, (II) REQUIRE A WAIVER OF ANY ATTORNEY-CLIENT OR OTHER PRIVILEGE FOR A THIRD PARTY, OR (III) BE REQUIRED WHERE A MEMBER OR MEMBER-ELECT IS EMPLOYED OR ENGAGED BY A PERSON AND SUCH PERSON ALSO EMPLOYS OR ENGAGES A PERSON IN A LOBBYIST RELATIONSHIP SO LONG AS THE MEMBER OR MEMBER-ELECT HAS NO FINANCIAL INTEREST IN THE LOBBYIST RELATIONSHIP.
SCHEDULE G-1 - PAYMENTS FOR REPRESENTATION BY YOU.
List the businesses you represented before any state governmental agency, excluding any court or judge, for which you received total compensation during the past 12 months in excess of $1,000, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers filed by you.
Identify each business, the nature of the representation and the amount received by dollar category from each such business. You may state the type, rather than name, of the business if you are required by law not to reveal the name of the business represented by you.
______________________________________________________________________
Pur-
pose Amount Received
Name Type of
of of Repre- Name $1,001 $10,001 $50,001 $100,001
Busi- Busi- senta- of to to to to $250,001
ness ness tion Agency $10,000 $50,000 $100,000 $250,000 and over
______ ______ ______ ______ _______ _______ ________ ________ ________
______ ______ ______ ______ _______ _______ ________ ________ ________
______ ______ ______ ______ _______ _______ ________ ________ ________
______ ______ ______ ______ _______ _______ ________ ________ ________
______________________________________________________________________
If you have received $250,001 or more from a single business within the reporting period, indicate the amount received, rounded to the nearest $10,000. Amount Received: ______________.
SCHEDULE G-2 - PAYMENTS FOR REPRESENTATION BY ASSOCIATES.
List the businesses that have been represented before any state governmental agency, excluding any court or judge, by persons who are your partners, associates or others with whom you have a close financial association and who received total compensation in excess of $1,000 for such representation during the past 12 months, excluding representation consisting solely of the filing of mandatory papers and subsequent representation regarding the mandatory papers filed by your partners, associates or others with whom you have a close financial association.
Identify such businesses by type and also name the state governmental agencies before which such person appeared on behalf of such businesses.
______________________________________________________________________
Type of Business Name of State Governmental Agency
_____________________________ ______________________________________
_____________________________ ______________________________________
_____________________________ ______________________________________
_____________________________ ______________________________________
______________________________________________________________________
SCHEDULE G-3 - PAYMENTS FOR OTHER SERVICES GENERALLY.
Indicate below types of businesses that operate in Virginia to which services were furnished by you or persons with whom you have a close financial association pursuant to an agreement between you and such businesses, or between persons with whom you have a close financial association and such businesses and for which total compensation in excess of $1,000 was received during the past 12 months. Services reported in this Schedule shall not include services involving the representation of businesses that are reported in Schedule G-1 or G-2 above.
Identify opposite each category of businesses listed below (i) the type of business, (ii) the type of service rendered and (iii) the value by dollar category of the compensation received for all businesses falling within each category.
__________________________________________________________________________
Check
if Type
ser- of Value of Compensation
vices ser-
were vice $1,001 $10,001 $50,001 $100,001
ren- ren- to to to to $250,001
dered dered $10,000 $50,000 $100,000 $250,000 and over
Electric utilities _____ _____ _______ _______ ________ ________ ________
Gas utilities _____ _____ _______ _______ ________ ________ ________
Telephone utilities _____ _____ _______ _______ ________ ________ ________
Water utilities _____ _____ _______ _______ ________ ________ ________
Cable television
companies _____ _____ _______ _______ ________ ________ ________
Interstate
transportation
companies _____ _____ _______ _______ ________ ________ ________
Intrastate
transportation
companies _____ _____ _______ _______ ________ ________ ________
Oil or gas retail
companies _____ _____ _______ _______ ________ ________ ________
Banks _____ _____ _______ _______ ________ ________ ________
Savings
institutions _____ _____ _______ _______ ________ ________ ________
Loan or finance
companies _____ _____ _______ _______ ________ ________ ________
Manufacturing
companies (state
type of product,
e.g., textile,
furniture, etc.) _____ _____ _______ _______ ________ ________ ________
Mining companies _____ _____ _______ _______ ________ ________ ________
Life insurance
companies _____ _____ _______ _______ ________ ________ ________
Casualty insurance
companies _____ _____ _______ _______ ________ ________ ________
Other insurance
companies _____ _____ _______ _______ ________ ________ ________
Retail companies _____ _____ _______ _______ ________ ________ ________
Beer, wine or
liquor companies
or distributors _____ _____ _______ _______ ________ ________ ________
Trade associations _____ _____ _______ _______ ________ ________ ________
Professional
associations _____ _____ _______ _______ ________ ________ ________
Associations of
public employees
or officials _____ _____ _______ _______ ________ ________ ________
Counties, cities
or towns _____ _____ _______ _______ ________ ________ ________
Labor organizations _____ _____ _______ _______ ________ ________ ________
Other _____ _____ _______ _______ ________ ________ ________
__________________________________________________________________________
RETURN TO ITEM 9
SCHEDULE H - REAL ESTATE.
List real estate other than your principal residence in which you or a member of your immediate family holds an interest, including a partnership interest, option, easement, or land contract, valued at $10,000 or more. Each parcel must be listed individually.
________________________________________________________________________
Describe the type of real
estate you own in each
List the location location (business, If the real estate is
(state, and county recreational, apartment, owned or recorded in
or city where you commercial, open land, a name other than your
own real estate etc.) own, list that name
___________________ _________________________ ______________________
___________________ _________________________ ______________________
___________________ _________________________ ______________________
___________________ _________________________ ______________________
___________________ _________________________ ______________________
________________________________________________________________________
RETURN TO ITEM 10
SCHEDULE I - REAL ESTATE CONTRACTS WITH STATE GOVERNMENTAL AGENCIES.
List all contracts, whether pending or completed within the past 12 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 $10,000 or more. List all contracts with a state governmental agency for the lease of real estate in which you or a member of your immediate family holds such an interest valued at $1,000 or more. This requirement to disclose an interest in a lease does not apply to an interest derived through an ownership interest in a business unless the ownership interest exceeds three percent of the total equity of the business.
_______________________________________________________________________
List your real
estate interest and
the person or entity,
including the type of
entity, which is
party to the contract. State the annual
Describe any income from the
management role and List each contract, and the
the percentage governmental agency amount, if any, of
ownership interest which is a party to income you or any
you or your immediate the contract and immediate family
family member has in indicate the county member derives
the real estate or city where the annually from
or entity. real estate is located. the contract.
______________________ ________________________ ___________________
______________________ ________________________ ___________________
______________________ ________________________ ___________________
______________________ ________________________ ___________________
______________________ ________________________ ___________________
_______________________________________________________________________
B. Any legislator who makes a knowing misstatement of a material fact on the Statement of Economic Interests shall be subject to disciplinary action for such violations by the house in which the legislator sits.
C. In
accordance with the rules of each house, The Virginia Legislative Ethics Commission shall
review the Statement of Economic Interests of all members
of each house shall be reviewed the General Assembly. 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 by the Commission
that his Statement is inadequate as filed, fails to amend his Statement so as
to come into compliance within the time limit set, the
Commission shall refer the matter to the house in which he sits, and he
shall be subject to disciplinary action by the house in which he sits. No legislator
shall vote on any question relating to his own Statement.
§ 30-112. Virginia Legislative Ethics Commission; membership; terms; quorum; compensation and expenses.
A. The Senate Ethics Advisory
Panel and the House Ethics Advisory Panel are Virginia Legislative Ethics Commission is
established in the legislative branch of state government. The
provisions of §§ 30-112 through 30-119 shall be applicable to each
panel.
B. The Senate Ethics Advisory
Panel Commission
shall be composed of five seven nonlegislative citizen
members: three of whom shall be
former members of the Senate; and two of whom shall be citizens of the
Commonwealth at large who have not previously held such office, two of whom shall be
former members of the House of Delegates, nominated
by the Speaker; two of whom shall be
citizens of the Commonwealth at large and shall not
have held or hold elective office,
nominated by the Speaker; one
of whom shall be a former member of the Senate,
nominated by the Committee on Rules of the
Senate; and two of whom shall be citizens of the Commonwealth
at large and shall not have held or hold
elective office, nominated by the Senate
Committee on Rules. All members of the Panel Commission shall be citizens
of the Commonwealth. No member shall engage in activities requiring him to
register as a lobbyist under § 2.2-422 during his tenure on the Panel
Commission.
The members shall be
nominated by the Committee on Rules of the Senate and confirmed by the Senate.
After initial appointments, all appointments shall be for terms of four years
each except for unexpired terms. Nominations shall be made so as to assure
bipartisan representation on the Panel.
C. The House Ethics
Advisory Panel shall be composed of five nonlegislative citizen members: one of
whom shall be a retired justice or judge of a court of record; two of whom
shall be former members of the House of Delegates; and two of whom shall be
citizens of the Commonwealth at large, at least one of whom shall not have
previously held such office. All members of the Panel shall be citizens of the
Commonwealth. No member shall engage in activities requiring him to register as
a lobbyist under § 2.2-422 during his tenure on the Panel.
The members shall be
nominated by the Speaker of the House of Delegates and confirmed by the House
of Delegates. After initial appointments, all appointments shall be for terms
of four years each except for unexpired terms. Nominations shall be made so as
to assure bipartisan representation on the Panel.
D. Each
panel C. The
Commission shall elect its own chairman and vice-chairman
from among its membership.
E. D. No
member shall serve more than three successive four-year terms. Vacancies shall
be filled only for the unexpired term. Vacancies shall be filled in the same
manner as the original appointments. The remainder of any term to which a
member is appointed to fill a vacancy shall not constitute a term in
determining the member's eligibility for reappointment.
F. Three E. Four members
shall constitute a quorum on each
panel the Commission.
A vacancy shall not impair the right of the remaining members to exercise all
powers of the Panel Commission. Meetings of each panel shall be held at
the call of the chairman or whenever the majority of the members so request.
G. F. The
members of each panel, while serving
on the business of the Panel Commission, are performing
legislative duties and shall be entitled to the compensation and reimbursement
of expenses to which members of the General Assembly are entitled when
performing legislative duties pursuant to §§ 2.2-2813, 2.2-2825, and 30-19.12.
Funding for the cost of compensation and expenses of the members of the Senate Ethics Advisory Panel
shall be provided by the
Office of the Clerk of the Senate and the funding for the cost of compensation
and expenses of the House Ethics Advisory Panel shall be provided by the Office
of the Clerk of the House of Delegates
pursuant to the appropriation act.
§ 30-113. Powers and duties of the Commission.
The powers and duties of the Panel Commission shall be applied
and used only in relation to members of the respective house
of the General Assembly for which it is created.
The Panel
Commission shall establish its rules of procedure,
including rules for the conduct of open meetings and hearings.
§ 30-114. Filing of complaints; procedures; disposition.
A. In response to the signed and sworn complaint of any
citizen of the Commonwealth, which is subscribed by the maker as true under
penalty of perjury, submitted to the Panel Commission, the Panel
Commission shall inquire into any alleged violation of
Articles 2 (§ 30-102 et seq.) through 5 (§ 30-109 et seq.) of this
chapter by any member of
the respective house of the General Assembly in his current
term or his immediate prior term. Complaints shall be filed with the Director
of the Division of Legislative Services, who shall promptly (i) submit the
complaint to the chairman of the appropriate Panel Commission and (ii) forward a
copy of the complaint to the legislator named in the complaint. The chairman
shall promptly notify the Panel Commission of the complaint.
No complaint shall be filed with the Panel Commission 60 or fewer days
before a primary election or other nominating event or before a general
election in which the cited legislator is running for office, and the Panel
Commission shall not accept or act on any complaint
received during this period.
B. The Panel Commission shall determine, during
its preliminary investigation, whether the facts stated in the complaint taken
as true are sufficient to show a violation of Articles 2 (§ 30-102 et seq.)
through 5 (§ 30-109 et seq.) of this chapter.
If the facts, as stated in the complaint, fail to give rise to such a
violation, then the Panel Commission shall dismiss the
complaint. If the facts, as stated in the complaint, give rise to such a
violation, then the Panel Commission shall request that
the complainant appear and testify under oath as to the complaint and the
allegations therein. After hearing the testimony and reviewing any other
evidence provided by the complainant, the Panel Commission shall dismiss the
complaint if the Panel Commission fails to find by a
preponderance of the evidence that such violation has occurred. If the Panel
Commission finds otherwise, it shall proceed with the
inquiry.
C. If after such preliminary investigation, the Panel
Commission determines to proceed with an inquiry into the
conduct of any legislator, the Panel Commission (i) shall
immediately notify in writing the individual who filed the complaint and the
cited legislator as to the fact of the inquiry and the charges against the
legislator and (ii) shall schedule one or more hearings on the matter. The legislator
shall have the right to present evidence, cross-examine witnesses, face and
examine the accuser, and be represented by counsel at any hearings. In its
discretion, the Panel Commission may grant the
legislator any other rights or privileges not specifically enumerated in this
subsection. Once the Panel Commission has determined to
proceed with an inquiry, its meetings and hearings shall be open to the public.
D. Once the Panel Commission determines to
proceed with an inquiry into the conduct of any legislator, the
Panel it shall complete its investigations and dispose of the
matter as provided in § 30-116 notwithstanding the resignation of the
legislator during the course of the Panel's its proceedings.
§ 30-115. Subpoenas.
The Panel Commission may issue subpoenas
to compel the attendance of witnesses or the production of documents, books, or other records. The Panel It may
apply to the Circuit Court of the City of Richmond to compel obedience to the its
subpoenas of the Panel.
Notwithstanding any other provisions of law, every state and local governmental
agency, and units and subdivisions thereof,
shall make available to the Panel Commission any documents,
records, data, statements, or
other information, except tax returns or information relating thereto, which that
the Panel
Commission designates as being necessary for the exercise
of its powers and duties.
§ 30-116. Disposition of cases.
Within 120 days of the chairman's forwarding the signed and
sworn complaint to the Panel Commission, the Panel
Commission, or a majority of its members acting in its
name, shall dispose of the matter in one of the following ways:
1. a. If the Panel Commission determines in its
preliminary investigation that the complaint is without merit, the Panel it
shall dismiss the complaint, so advise the complainant and legislator, and take
no further action. In such case, the Panel Commission shall retain its
records and findings in confidence unless the legislator under inquiry requests
in writing that the records and findings be made public.
b. If the Panel Commission determines in the
course of its proceedings that the facts and evidence show that the complaint
is without merit, the Panel it shall dismiss the complaint,
so advise the complainant and legislator, and report its action to the Clerk of
the appropriate house, for the information of the House or Senate.
2. If the Panel Commission determines that
there is a reasonable basis to conclude that the legislator has violated the
provisions of this chapter but that the violation was not made knowingly, the Panel it
shall refer the matter by a written report setting forth its findings and the
reasons therefor to the appropriate house of the General Assembly for
appropriate action. All Panel Commission reports, which are
advisory only, shall be delivered to the Clerk of the appropriate house, who
shall refer the report to the Committee on Privileges and Elections in
accordance with the rules of the appropriate house. Said Committee shall in all
cases report, after due hearings and consideration, its determination of the
matter and its recommendations and reasons for its resolves to the appropriate
house. If the Committee deems disciplinary action warranted, it shall report a
resolution to express such action. The appropriate house as a whole shall then
consider the resolution, and if it finds the legislator in violation of any
provision of this chapter, it may by recorded vote take such disciplinary
action as it deems warranted.
3. If the Panel Commission determines that
there is a reasonable basis to conclude that the legislator knowingly violated
any provision of Article 2 (§ 30-102 et seq.), 3 (§ 30-104 et seq.), 4 (§
30-107 et seq.) or 5 (§ 30-109 et seq.) of this chapter,
except § 30-108 or subsection C of § 30-110, it shall refer the matter by a
written report setting forth its findings and the reasons therefor to the
Attorney General for such action he deems appropriate. The Panel Commission shall also file its
report with the Clerk of the appropriate house, who shall refer the report in
accordance with the rules of his house. In the event the Attorney General
determines not to prosecute the alleged violation, he shall notify the Clerk of
the appropriate house of his determination and the Clerk shall send the report
to the Committee on Privileges and Elections. The matter shall thereafter be
handled in accordance with the provisions of subdivision 2.
4. If the Panel Commission determines that
there is a reasonable basis to conclude that the legislator has violated §
30-108 or subsection C of § 30-110, it shall refer the matter by a written
report to the appropriate house pursuant to subdivision 2. As its first order
of business other than organizational matters and committee work, the house in
which the member sits shall immediately upon the convening of the next regular
or special session take up and dispose of the matter by taking one or more of
the following actions: (i) dismiss the complaint; (ii) sustain the complaint
and reprimand the member; (iii) sustain the complaint, censure the member, and
strip the member of his seniority; (iv) sustain the complaint and expel the
member by a two-thirds vote of the elected members; (v) in the event the house
finds a knowing violation, it shall refer the matter to the Attorney General
pursuant to subdivision 3.
5. The Panel Commission shall make public
any report that it makes pursuant to the provisions of subdivision 1 b, 2, 3, or 4 on the date it refers
its report.
§ 30-117. Confidentiality of proceedings.
All proceedings during the investigation of any complaint by
the Panel
Commission shall be confidential. This rule of
confidentiality shall apply to Panel Commission members and their
staff, the Committee on Privileges and Elections and its staff, and the Division of
Legislative Services.
§ 30-118. Staff for Commission.
The Panel Commission may hire staff and
outside counsel to assist the
Panel and to conduct examinations of witnesses, subject
to the approval of the President Pro Tempore of the Senate for the Senate
Ethics Advisory Panel and subject to the approval of the Speaker of the House
of Delegates for the House Ethics Advisory Panel. The Panel
Commission may have the Director of the Division of
Legislative Services, and such additional staff as he may assign, assist the Panel it
during its preliminary investigation and during its proceedings.
§ 30-119. Jurisdiction of Commission.
The Senate and House Ethics
Advisory Panels Commission
shall have jurisdiction over any complaint alleging a violation of Articles 2
(§ 30-102 et seq.) through 5 (§ 30-109 et seq.) of this
chapter that occurs on or after
August 1, 1987, and over any complaint alleging a violation of
the Comprehensive Conflict of Interests Act occurring after July 1, 1984, and
prior to August 1, 1987
January 10, 2007.
§ 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 Virginia Legislative Ethics 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.
2. That the initial appointments of the members to the Virginia Legislative Ethics Commission shall be staggered as follows: one former member of the House of Delegates and one citizen member at large for a term of two years appointed by the Speaker of the House of Delegates; one former member of the House of Delegates and one citizen member at large for a term of four years appointed by the Speaker of the House of Delegates; one citizen member at large for a term of two years appointed by the Senate Committee on Rules; and one former member of the Senate and one citizen member at large for a term of four years appointed by the Senate Committee on Rules.
3. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.