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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-639.36 and 2.1-639.41 of the Code of Virginia are amended and reenacted as follows:
§ 2.1-639.36. Further exceptions.
A. The provisions of § 2.1-639.35 shall not apply to:
1. The sale, lease or exchange of real property between a legislator and a governmental agency, provided the legislator does not participate in any way as a legislator in such sale, lease or exchange, and this fact is set forth as a matter of public record by the governing body of the governmental agency or by the administrative head thereof. The legislator shall disclose any lease with a state governmental agency in his statement of economic interests as provided in § 2.1-639.41;
2. The publication of official notices;
3. A legislator whose sole personal interest in a contract with an agency of the legislative branch is by reason of income from the contracting firm or General Assembly in excess of $10,000 per year, provided the legislator or member of his immediate family does not participate and has no authority to participate in the procurement or letting of such contract on behalf of the contracting firm and the legislator either does not have authority to participate in the procurement or letting of the contract on behalf of the agency or he disqualifies himself as a matter of public record and does not participate on behalf of the agency in negotiating the contract or in approving the contract;
4. Contracts between a legislator's governmental agency and a public service corporation, financial institution, or company furnishing public utilities in which the legislator has a personal interest, provided he disqualifies himself as a matter of public record and does not participate on behalf of the agency in negotiating the contract or in approving the contract;
5. Contracts for the purchase of goods or services when the contract does not exceed $500; or
6. Grants or other payments under any program wherein uniform rates for, or the amounts paid to, all qualified applicants are established solely by the administering governmental agency.
B. Neither the provisions of this chapter nor, unless expressly provided otherwise, any amendments thereto shall apply to those employment contracts or renewals thereof or to any other contracts entered into prior to August 1, 1987, which were in compliance with either the Virginia Conflict of Interests Act, Chapter 22 (§ 2.1-347 et seq.) or the Comprehensive Conflict of Interests Act, Chapter 40 (§ 2.1-599 et seq.) of Title 2.1 at the time of their formation and thereafter. Those contracts shall continue to be governed by the provisions of the appropriate prior Act. Notwithstanding the provisions of subdivision (f)(4) of § 2.1-348 of Chapter 22 of Title 2.1 of the Code of Virginia in effect prior to July 1, 1983, the employment by the same governmental agency of a legislator and spouse or any other relative residing in the same household shall not be deemed to create a material financial interest except when one of such persons is employed in a direct supervisory or administrative position, or both, with respect to such spouse or other relative residing in his household, and the annual salary of such subordinate is $15,000 or more.
§ 2.1-639.41. Disclosure form.
A. The disclosure form to be used for filings required by § 2.1-639.40 A and B 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 legislator, who is a dependent of the
legislator or of whom the legislator is a dependent.
"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.
"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.
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 THROUGH9.10. 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 a legislator?
EITHER check NO / / OR check YES / / and complete
Schedule D.
5. Gifts, Travel, and Business Entertainment.
During the past 12 months did a business, government, or
individual other than a relative or personal friend furnish you
with tickets to sporting events or shows, travel expenses, meals
or lodging, favors, services, property, loans, money, gifts, or
anything else of value the total value of which exceeded $200 and
for which you neither paid nor rendered, services in exchange?
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 / /.
__________________________________________________
__________________________________________________
__________________________________________________
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.
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?
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
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.
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 Virginia (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.
Do you or a member of your immediate family hold an interest
valued at more than $1,000 in real estate, including
a corporate, partnership, or trust interest, option, easement,
or land contract, which real estate is the subject of a lease
with a state governmental agency? Account for all such leases
whether or not your interest is reported in Schedules 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.
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.................19.. 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 and loan associations __________ _________
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 and loan associations __________ _________
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, money market funds, certificates of deposit,
limited partnerships, and commodity annuity contracts, and
futures contracts. 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 / /
Type of Security Check one
(stocks, bonds, mutual More
Type of or money market funds, $10,001 to than
Name of Issuer Entity etc.) $50,000 $50,000
______________ ________ ______________________ __________ _______
______________ ________ ______________________ __________ _______
______________ ________ ______________________ __________ _______
______________ ________ ______________________ __________ _______
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 a legislator.
List payments or reimbursements by the Commonwealth only for
meetings or travel outside the Commonwealth.
List a payment even if you donated it to charity.
Do not list information about a payment if you returned it within
60 days or if you received it from an employer already listed
under Item 6 or from a source of income listed on Schedule F.
If no payment must be listed, check here / /
Type of payment
(e.g. honoraria,
travel reimburse-
Payer Approximate Value Circumstances ment, etc.)
__________ ____________________ _______________ _______________
__________ ____________________ _______________ _______________
__________ ____________________ _______________ _______________
__________ ____________________ _______________ _______________
RETURN TO ITEM 5
SCHEDULE E - GIFTS, TRAVEL, AND BUSINESS ENTERTAINMENT.
List each business, governmental entity, or individual that
furnished you with tickets to sporting events or shows, travel
expenses, meals or lodging, favors, services, property, loans,
money, gifts, or other thing of pecuniary value, whose total value
exceeded $200 during the past 12 months and for which you neither
paid nor rendered services in exchange. 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.
When calculating value, you need not consider:
Meals, lodging, or hospitality that an individual furnished you
at his own expense and not as a business expense if clearly
unrelated to your public position, or
Campaign contributions publicly reported as required by Chapter
9 of Title 24.1 24.2 of the Code of Virginia.
"Relative" means: your spouse, child, uncle, aunt, niece,
nephew, or person to whom you are engaged to be married;
your or your spouse's parent, grandparent, grandchild,
brother, or sister; or your brother's or sister's spouse.
Name of Business,
Organization, or City or County
Individual and State Approximate Value
______________________ ________________ _________________
______________________ ________________ _________________
______________________ ________________ _________________
______________________ ________________ _________________
RETURN TO ITEM 6
SCHEDULE F - BUSINESS INTERESTS.
Complete this Schedule for each self 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 Gross income
Business,
Corporation,
Partnership,
Farm; Address City or Nature of Enterprise
of Rental County (farming, law, $50,000 More than
Property and State rental property, etc.) or less $50,000
_____________ _________ ______________________ _______ _________
_____________ _________ ______________________ _______ _________
_____________ _________ ______________________ _______ _________
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.
Identify each business, the nature of the representation and the
amount received by category from each such business.
Amount Received
Name of Type of Purpose of Name of $1,001 to More than
Business Business Representation Agency $10,000 $10,000
________ ________ ______________ _______ ________ _________
________ ________ ______________ _______ ________ _________
________ ________ ______________ _______ ________ _________
________ ________ ______________ _______ ________ _________
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.
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 government agency
____________________ ______________________________________
____________________ ______________________________________
____________________ ______________________________________
____________________ ______________________________________
SCHEDULE G-3 - PAYMENTS FOR REPRESENTATION 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 of the compensation received for all businesses falling
within each category.
Value of Compensation
Check if Type of $1,001 More
services service to than
were rendered rendered $10,000 $10,000
Electric utilities _____________ _________ _______ __________
Gas utilities _____________ _________ _______ __________
Telephone utilities _____________ _________ _______ __________
Water utilities _____________ _________ _______ __________
Cable television
companies _____________ _________ _______ __________
Interstate
transportation
companies _____________ _________ _______ __________
Intrastate
transportation
companies _____________ _________ _______ __________
Oil or gas
retail
companies _____________ _________ _______ __________
Banks _____________ _________ _______ __________
Savings and
loan
associations _____________ _________ _______ __________
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 located in Virginia other than your principal
residence in which you or a member of your immediate family hold
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.
List the counties Describe the type of If the real estate
and cities in which real estate you own is owned or recorded
you own real estate in each county or city in a name other than
(business, recreational, your own, list that
apartment, commercial, name
open land, etc.)
____________________ ________________________ ____________________
____________________ ________________________ ____________________
____________________ ________________________ ____________________
____________________ ________________________ ____________________
____________________ ________________________ ____________________
RETURN TO ITEM 10
SCHEDULE I - REAL ESTATE LEASES WITH STATE GOVERNMENT AGENCIES.
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 an interest, including a corporate, partnership or trust
interest, option, easement, or land contract, 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 List each state State the annual
estate interest governmental agency income from the
and the person which is a party to lease, and the
or entity, the contract. amount, if any, of
including the income you or any
type of entity, immediate family
which is party member derives
to the contract. annually from the
Describe any lease.
management role
and the percentage
ownership interest
you or your
immediate family
member has in the
real estate or entity.
____________________ ________________________ ____________________
____________________ ________________________ ____________________
____________________ ________________________ ____________________
____________________ ________________________ ____________________
____________________ ________________________ ____________________
____________________ ________________________ ____________________
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 Statement of Economic Interests of all members of each house shall be reviewed. If a legislator's Statement is found to be inadequate as filed, the legislator shall be notified in writing, directed to file an amended Statement correcting the indicated deficiencies, and a time set within which such amendment shall be filed. If the Statement of Economic Interests, in either its original or amended form, is found to be adequate as filed, the legislator's filing shall be deemed in full compliance with this section as to the information disclosed thereon.
D. Ten percent of the membership of a house, on the basis of newly discovered facts, may in writing request the house in which those members sit, in accordance with the rules of that house, to review the Statement of Economic Interests of another member of that house in order to determine the adequacy of his filing. In accordance with the rules of each house, each Statement of Economic Interests shall be promptly reviewed, the adequacy of the filing determined, and notice given in writing to the legislator whose Statement is in issue. Should it be determined that the Statement requires correction, augmentation or revision, the legislator involved shall be directed to make the changes required within such time as shall be set under the rules of each house.
If a legislator, after having been notified in writing in accordance with the rules of the house in which he sits that his Statement is inadequate as filed, fails to amend his Statement so as to come into compliance within the time limit set, he shall be subject to disciplinary action by the house in which he sits. No legislator shall vote on any question relating to his own Statement.