Bill Text: VA HB1211 | 2014 | Regular Session | Chaptered
Bill Title: Conflicts of Interests Acts, State and Local Government & General Assembly; establishes Council.
Spectrum: Moderate Partisan Bill (Republican 42-5)
Status: (Passed) 2014-04-23 - Governor: Acts of Assembly Chapter text (CHAP0792) [HB1211 Detail]
Download: Virginia-2014-HB1211-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§2.2-419, 2.2-423, 2.2-426, 2.2-428, 2.2-3100, 2.2-3101, 2.2-3104, 2.2-3114, 2.2-3115 through 2.2-3118.1, 2.2-3121, 2.2-3131, 30-100, 30-101, 30-110, 30-111, 30-112, 30-114, 30-117, 30-118, and 30-124 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-3103.1, by adding in Article 2 of Chapter 13 of Title 30 a section numbered 30-103.1, by adding in Chapter 13 of Title 30 an article numbered 6, consisting of sections numbered 30-129.1, 30-129.2, and 30-129.3, and by adding in Title 30 a chapter numbered 55, consisting of sections numbered 30-348 through 30-351, as follows: §2.2-419. Definitions. As used in this article, unless the context requires a different meaning: "Anything of value" means: 1. A pecuniary item, including money, or a bank bill or note; 2. A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money; 3. A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money; 4. A stock, bond, note, or other investment interest in an entity; 5. A receipt given for the payment of money or other property; 6. A right in action; 7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel; 8. A loan or forgiveness of indebtedness; 9. A work of art, antique, or collectible; 10. An automobile or other means of personal transportation; 11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty; 12. An honorarium or compensation for services; 13. A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status as an executive or legislative official, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public; 14. A promise or offer of employment; or 15. Any other thing of value that is pecuniary or compensatory in value to a person. "Anything of value" does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§24.2-945 et seq.) of Title 24.2. "Compensation" means: 1. An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value; or 2. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, for services rendered or to be rendered. "Compensation" does not mean reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses. "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by an executive agency or official of legislation or executive orders issued by the Governor. "Executive agency" means an agency, board, commission, or other body in the executive branch of state government. "Executive agency" includes the State Corporation Commission, the Virginia Workers' Compensation Commission, and the State Lottery Department. "Executive official" means: 1. The Governor; 2. The Lieutenant Governor; 3. The Attorney General; 4. Any officer or employee of the office of the Governor or Lieutenant Governor other than a clerical or secretarial employee; 5. The Governor's Secretaries, the Deputy Secretaries, and the chief executive officer of each executive agency; or 6. Members of supervisory and policy boards, commissions and councils, as defined in §2.2-2100, however selected. "Expenditure" means: 1. A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose; 2. A payment to a lobbyist for salary, fee, reimbursement for expenses, or other purpose by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons; 3. A payment in support of or assistance to a lobbyist or the lobbyist's activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist; 4. A payment that directly benefits an executive or legislative official or a member of the official's immediate family; 5. A payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with an executive or legislative official; 6. A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive or legislative official; or 7. A payment or reimbursement for categories of expenditures required to be reported pursuant to this chapter. "Expenditure" does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§24.2-945 et seq.) of Title 24.2. "Fair market value" means the price that a good or service would bring between a willing seller and a willing buyer in the open market after negotiations. If the fair market value cannot be determined, the actual price paid for the good or service shall be given consideration. "Gift" means anything of value to the extent that a consideration of equal or greater value is not received. "Gift" does not mean: 1. Printed informational or promotional material; 2. A gift that is not used and, no later than 3. A gift, devise, or inheritance from an individual's spouse, child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of that individual, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision; or 4. A gift of a value of "Immediate family" means (i) the spouse and (ii) any
"Legislative action" means: 1. Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the General Assembly or a legislative official; 2. Action by the Governor in approving, vetoing, or recommending amendments for a bill passed by the General Assembly; or 3. Action by the General Assembly in overriding or sustaining a veto by the Governor, considering amendments recommended by the Governor, or considering, confirming, or rejecting an appointment of the Governor. "Legislative official" means: 1. A member or member-elect of the General Assembly; 2. A member of a committee, subcommittee, commission, or other entity established by and responsible to the General Assembly or either house of the General Assembly; or 3. Persons employed by the General Assembly or an entity established by and responsible to the General Assembly. "Lobbying" means: 1. Influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official; or 2. Solicitation of others to influence an executive or legislative official. "Lobbying" does not mean: 1. Requests for appointments, information on the status of pending executive and legislative actions, or other ministerial contacts if there is no attempt to influence executive or legislative actions; 2. Responses to published notices soliciting public comment submitted to the public official designated in the notice to receive the responses; 3. The solicitation of an association by its members to influence legislative or executive action; or 4. Communications between an association and its members and communications between a principal and its lobbyists. "Lobbyist" means: 1. An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; 2. An individual who represents an organization, association, or other group for the purpose of lobbying; or 3. A local government employee who lobbies. "Lobbyist's principal" or "principal" means the entity on whose behalf the lobbyist influences or attempts to influence executive or legislative action. An organization whose employees conduct lobbying activities on its behalf is both a principal and an employer of the lobbyists. In the case of a coalition or association that employs or retains others to conduct lobbying activities on behalf of its membership, the principal is the coalition or association and not its individual members. "Local government" means: 1. Any county, city, town, or other local or regional political subdivision; 2. Any school division; 3. Any organization or entity that exercises governmental powers that is established pursuant to an interstate compact; or 4. Any organization composed of members representing entities listed in subdivisions 1, 2, or 3 of this definition. "Local government employee" means a public employee of a local government. "Person" means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization, or group of persons acting in concert. "Value" means the actual cost or fair market value of an item or items, whichever is greater. If the fair market value cannot be determined, the actual amount paid for the item or items shall be given consideration. §2.2-423. Contents of registration statement. A. The registration statement shall be on a form provided by the Secretary of the Commonwealth and include the following information: 1. The name and business address and telephone number of the lobbyist; 2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept; 3. The name and business address and telephone number of the lobbyist's principal; 4. The kind of business of the lobbyist's principal; 5. For each principal, the full name of the individual to whom the lobbyist reports; 6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying; 7. The position held by the lobbyist if he is a part-time or full-time employee of the principal; 8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal; 9. An identification of the subject matter (with as much
specificity as possible) with regard to which the lobbyist or lobbyist's
principal will engage in lobbying; 10. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§59.1-479 et seq.), that the information contained on the registration statement is true and correct; and 11. A statement by which a principal may elect to waive the principal signature requirement on disclosure filings submitted by its registered lobbyist after the filing of the registration statement. B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth on forms provided by the Secretary. C. The Secretary of the Commonwealth shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal. D. If the principal to whom the information is sent under subsection C does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary shall notify the attorney for the Commonwealth of the City of Richmond. §2.2-426. Lobbyist reporting; penalty. A. Each lobbyist shall file with the Virginia Conflict of
Interest and Ethics Advisory Council a separate B. Each principal who expends more than $500 to employ or compensate multiple lobbyists shall be responsible for filing a consolidated lobbyist report pursuant to this section in any case in which the lobbyists are each exempt under the provisions of subdivision 7 or 8 of §2.2-420 from the reporting requirements of this section. C. The report shall be on a form provided by the
D. A person who signs the disclosure statement knowing it to
contain a material misstatement of fact E. Each lobbyist shall send to each legislative and executive
official who is required to be identified by name on Schedule A or B of the
Lobbyist's Disclosure Form a copy of Schedule A or B or a summary of the
information pertaining to that official. Copies or summaries shall be provided
to the official by §2.2-428. Standards for automated preparation and transmittal of lobbyist's disclosure statements; database. A. The B. The Secretary shall establish a lobbyist disclosure database, available to the public, from required disclosure statements filed electronically and may enter into that database information from required disclosure statements filed by other methods. The Secretary shall maintain such database until January 1, 2016. §2.2-3100. Policy; application; construction. The General Assembly, recognizing that our system of representative government is dependent in part upon (i) citizen legislative members representing fully the public in the legislative process and (ii) its citizens maintaining the highest trust in their public officers and employees, finds and declares that the citizens are entitled to be assured that the judgment of public officers and employees will be guided by a law that defines and prohibits inappropriate conflicts and requires disclosure of economic interests. To that end and for the purpose of establishing a single body of law applicable to all state and local government officers and employees on the subject of conflict of interests, the General Assembly enacts this State and Local Government Conflict of Interests Act so that the standards of conduct for such officers and employees may be uniform throughout the Commonwealth. This chapter shall supersede all general and special acts and charter provisions which purport to deal with matters covered by this chapter except that the provisions of §§15.2-852, 15.2-2287, 15.2-2287.1, and 15.2-2289 and ordinances adopted pursuant thereto shall remain in force and effect. The provisions of this chapter shall be supplemented but not superseded by the provisions on ethics in public contracting in Article 6 (§2.2-4367 et seq.) of Chapter 43 of this title and ordinances adopted pursuant to §2.2-3104.2 regulating receipt of gifts. The provisions of this chapter do not preclude prosecution for any violation of any criminal law of the Commonwealth, including Articles 2 (Bribery and Related Offenses, §18.2-438 et seq.) and 3 (Bribery of Public Servants and Party Officials, §18.2-446 et seq.) of Chapter 10 of Title 18.2, and do not constitute a defense to any prosecution for such a violation. This chapter shall be liberally construed to accomplish its purpose. §2.2-3101. 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. "Affiliated business entity relationship" means a relationship, other than a parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that may be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person owns or manages the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities. "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. "Contract" means any agreement to which a governmental agency is a party, or any agreement on behalf of a governmental agency that 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, or some political subdivision thereof. "Contract" includes a subcontract only when the contract of which it is a part is with the officer's or employee's own governmental agency. "Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in §30-348.
"Employee" means all persons employed by a governmental or advisory agency, unless otherwise limited by the context of its use. "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" "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. Corporations organized or controlled by the Virginia Retirement System are "governmental agencies" for purposes of this chapter. "Immediate family" means (i) a spouse and (ii) any "Officer" means any person appointed or elected to any governmental or advisory agency including local school boards, whether or not he receives compensation or other emolument of office. Unless the context requires otherwise, "officer" includes members of the judiciary. "Parent-subsidiary relationship" means a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. "Personal interest" means a financial benefit or
liability accruing to an officer or employee 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, "Personal interest in a contract" means a personal interest that an officer or employee 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 that is a party to the contract. "Personal interest in a transaction" means a personal interest of an officer or employee in any matter considered by his agency. 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 governmental agency, or represents or provides services to any individual or business and such property, business or represented or served 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. Notwithstanding the above, such personal interest in a transaction shall not be deemed to exist where (a) an elected member of a local governing body serves without remuneration as a member of the board of trustees of a not-for-profit entity and such elected member or member of his immediate family has no personal interest related to the not-for-profit entity or (b) an officer, employee, or elected member of a local governing body is appointed by such local governing body to serve on a governmental agency, or an officer, employee, or elected member of a separate local governmental agency formed by a local governing body is appointed to serve on a governmental agency, and the personal interest in the transaction of the governmental agency is the result of the salary, other compensation, fringe benefits, or benefits provided by the local governing body or the separate governmental agency to the officer, employee, elected member, or member of his immediate family. "State and local government officers and employees" shall not include members of the General Assembly. "State filer" means those officers and employees required to file a disclosure statement of their personal interests pursuant to subsection A or B of §2.2-3114. "Transaction" means any matter considered by any governmental or advisory agency, whether in a committee, subcommittee, or other entity of that agency or before the agency itself, on which official action is taken or contemplated. §2.2-3103.1. Certain gifts prohibited. A. For purposes of this section: "Intangible gift" means a thing of temporary value or a thing that upon the happening of a certain event or expiration of a given date loses its value. "Intangible gift" includes entertainment, hospitality, a ticket, admission, or pass, transportation, lodgings, and meals that are reportable on Schedule E of the disclosure form prescribed in § 2.2-3117. "Tangible gift" means a thing of value that does not lose its value upon the happening of a certain event or expiration of a given date. "Tangible gift" includes currency, negotiable instruments, securities, stock options, or other financial instruments that are reportable on Schedule E of the disclosure form prescribed in §2.2-3117. "Tangible gift" does not include payments or reimbursements received for any intangible gift. B. An officer or employee of a local governmental or advisory agency or candidate required to file the disclosure form prescribed in §2.2-3117 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the local agency of which he is an officer or an employee; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form. C. An officer or employee of a state governmental or advisory agency or candidate required to file the disclosure form prescribed in §2.2-3117 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§ 2.2-418 et seq.) of Chapter 4; (b) a lobbyist's principal as defined in § 2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D of such disclosure form. D. During the pendency of a civil action in any state or federal court to which the Commonwealth is a party, the Governor or the Attorney General or any employee of the Governor or the Attorney General who is subject to the provisions of this chapter shall not solicit, accept, or receive any tangible gift from any person that he knows or has reason to know is a person, organization, or business who is a party to such civil action. A person, organization, or business who is a party to such civil action shall not knowingly give any tangible gift to the Governor or the Attorney General or any of their employees who are subject to the provisions of this chapter. E. The $250 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar. F. For purposes of this section, "person, organization, or business" includes individuals who are officers, directors, or owners of or who have a controlling ownership interest in such organization or business. §2.2-3104. Prohibited conduct for certain officers and employees of state government. For one year after the termination of public employment or service, no state officer or employee shall, before the agency of which he was an officer or employee, represent a client or act in a representative capacity on behalf of any person or group, for compensation, on matters related to legislation, executive orders, or regulations promulgated by the agency of which he was an officer or employee. This prohibition shall be in addition to the prohibitions contained in §2.2-3103. For the purposes of this section, "state officer or employee" shall mean (i) the Governor, Lieutenant Governor, Attorney General, and officers appointed by the Governor, whether confirmation by the General Assembly or by either house thereof is required or not, who are regularly employed on a full-time salaried basis; those officers and employees of executive branch agencies who report directly to the agency head; and those at the level immediately below those who report directly to the agency head and are at a payband 6 or higher and (ii) the officers and professional employees of the legislative branch designated by the joint rules committee of the General Assembly. For the purposes of this section, the General Assembly and the legislative branch agencies shall be deemed one agency. Any person subject to the provisions of this section may apply to the Council or Attorney General, as provided in §2.2-3121 or 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity. §2.2-3114. Disclosure by state officers and employees. A. The Governor, Lieutenant Governor, Attorney General,
Justices of the Supreme Court, judges of the Court of Appeals, judges of any
circuit court, judges and substitute judges of any district court, members of
the State Corporation Commission, members of the Virginia Workers' Compensation
Commission, members of the Commonwealth Transportation Board, members of the
Board of Trustees of the Virginia Retirement System, and members of the State
Lottery Board and other persons occupying such offices or positions of trust or
employment in state government, including members of the governing bodies of
authorities, as may be designated by the Governor or, in the case of officers
or employees of the legislative branch, by the Joint Rules Committee of the
General Assembly, shall file with the Council, as a condition to
assuming office or employment, a disclosure statement of their personal
interests and such other information as is specified on the form set forth in §
2.2-3117 and thereafter shall file such a statement B. Nonsalaried citizen members of all policy and supervisory
boards, commissions and councils in the executive branch of state government,
other than the Commonwealth Transportation Board, members of the Board of
Trustees of the Virginia Retirement System, and the State Lottery Board, shall
file with the Council, as a condition to assuming office, a disclosure
form of their personal interests and such other information as is specified on
the form set forth in §2.2-3118 and thereafter shall file such form annually
on or before C. The disclosure forms required by subsections A and B shall
be provided by the D. Candidates for the offices of Governor, Lieutenant Governor or Attorney General shall file a disclosure statement of their personal interests as required by §24.2-502. E. Any officer or employee of state government who has a personal interest in any transaction before the governmental or advisory agency of which he is an officer or employee and who is disqualified from participating in that transaction pursuant to subdivision A 1 of §2.2-3112, or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest, including the full name and address of the business and the address or parcel number for the real estate if the interest involves a business or real estate, and his disclosure shall also be reflected in the public records of the agency for five years in the office of the administrative head of the officer's or employee's governmental agency or advisory agency or, if the agency has a clerk, in the clerk's office. F. An officer or employee of state government who is required to declare his interest pursuant to subdivision A 2 of §2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. G. An officer or employee of state government who is required to declare his interest pursuant to subdivision A 3 of §2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) that a party to the transaction is a client of his firm, (iii) that he does not personally represent or provide services to the client, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. §2.2-3115. Disclosure by local government officers and employees. A. The members of every governing body and school board of
each county and city and of towns with populations in excess of 3,500 shall
file with the Council, as a condition to assuming office or employment,
a disclosure statement of their personal interests and other information as is
specified on the form set forth in §2.2-3117 and thereafter shall file such a
statement The members of the governing body of any authority established
in any county or city, or part or combination thereof, and having the power to
issue bonds or expend funds in excess of $10,000 in any fiscal year, shall file
with the Virginia Conflict of Interest and Ethics Advisory Council, as a
condition to assuming office, a disclosure statement of their personal
interests and other information as is specified on the form set forth in §
2.2-3118 and thereafter shall file such a statement annually on or before Persons occupying such positions of trust appointed by
governing bodies and persons occupying such positions of employment with
governing bodies as may be designated to file by ordinance of the governing
body shall file with the Virginia Conflict of Interest and Ethics Advisory
Council, as a condition to assuming office or employment, a disclosure
statement of their personal interests and other information as is specified on
the form set forth in §2.2-3117 and thereafter shall file such a statement Persons occupying such positions of trust appointed by school
boards and persons occupying such positions of employment with school boards as
may be designated to file by an adopted policy of the school board shall file
with the Virginia Conflict of Interest and Ethics Advisory Council, as a
condition to assuming office or employment, a disclosure statement of their
personal interests and other information as is specified on the form set forth
in §2.2-3117 and thereafter shall file such a statement B. Nonsalaried citizen members of local boards, commissions
and councils as may be designated by the governing body shall file with the
Virginia Conflict of Interest and Ethics Advisory Council, as a condition
to assuming office, a disclosure form of their personal interests and such
other information as is specified on the form set forth in §2.2-3118 and
thereafter shall file such form annually on or before C. No person shall be mandated to file any disclosure not otherwise required by this article. D. The disclosure forms required by subsections A and B shall
be provided by the E. Candidates for membership in the governing body or school board of any county, city or town with a population of more than 3,500 persons shall file a disclosure statement of their personal interests as required by § 24.2-502. F. Any officer or employee of local government who has a personal interest in any transaction before the governmental or advisory agency of which he is an officer or employee and who is disqualified from participating in that transaction pursuant to subdivision A 1 of §2.2-3112 or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest, including the full name and address of the business and the address or parcel number for the real estate if the interest involves a business or real estate, and his disclosure shall be reflected in the public records of the agency for five years in the office of the administrative head of the officer's or employee's governmental or advisory agency. G. In addition to any disclosure required by subsections A and
B, in each county and city and in towns with populations in excess of 3,500,
members of planning commissions, boards of zoning appeals, real estate
assessors, and all county, city and town managers or executive officers shall
make annual disclosures of all their interests in real estate located in the
county, city or town in which they are elected, appointed, or employed. Such
disclosure shall include any business in which such persons own an interest, or
from which income is received, if the primary purpose of the business is to
own, develop or derive compensation through the sale, exchange or development
of real estate in the county, city or town. Such disclosure shall be filed as a
condition to assuming office or employment, and thereafter shall be filed
annually with the H. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 2 of §2.2-3112 shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes of his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. The officer or employee shall also orally disclose the existence of the interest during each meeting of the governmental or advisory agency at which the transaction is discussed and such disclosure shall be recorded in the minutes of the meeting. I. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 3 of §2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) that a party to the transaction is a client of his firm, (iii) that he does not personally represent or provide services to the client, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. §2.2-3116. Disclosure by certain constitutional officers. For the purposes of this chapter, holders of the constitutional offices of treasurer, sheriff, attorney for the Commonwealth, clerk of the circuit court and commissioner of the revenue of each county and city, shall be deemed to be local officers and shall be required to file the Statement of Economic Interests set forth in §2.2-3117. These officers shall file statements pursuant to §2.2-3115 and candidates shall file statements as required by §24.2-502. These officers shall be subject to the prohibition on certain gifts set forth in subsection B of §2.2-3103.1. §2.2-3117. Disclosure form. The disclosure form to be used for filings required by subsections A and D of §2.2-3114 and subsections A and E of §2.2-3115 shall be substantially as follows:
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 person filing 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 person filing this statement is no longer employed, or (ii) the receipt of compensation for work performed by the person filing as an independent contractor of a business that represents an entity before any state governmental agency when the person filing has had no communications with the state governmental agency. "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.
"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, "Immediate family" means (i) a spouse and (ii) any TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly. REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information, and belief of the individual filing the Statement as of the date of this report unless otherwise stated. COMPLETE ITEMS 1 THROUGH 10. REFER TO SCHEDULES ONLY IF DIRECTED. You may attach additional explanatory information. 1. Offices and Directorships. Are you or a member of your immediate family a paid officer or paid director of a business? EITHER check NO / / OR check YES / / and complete Schedule A. 2. Personal Liabilities. Do you or a member of your immediate family owe more than 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 EITHER check NO / / OR check YES / / and complete Schedule C. 4. Payments for Talks, Meetings, and Publications. During the past EITHER check NO / / OR check YES / / and complete Schedule D. 5. Gifts. During the past 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 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 EITHER check NO / / OR check YES / / and complete Schedule F. 8. Payments for Representation and Other Services. 8A. Did you represent, excluding activity defined as lobbying
in §2.2-419, any businesses before any state governmental agencies, excluding
courts or judges, for which you received total compensation during the past 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, excluding activity defined as lobbying in §2.2-419, any businesses
before any state governmental agency for which total compensation was received
during the past 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 EITHER check NO / / OR check YES / / and complete Schedule G-3. 9. Real Estate. 9A. State Officers and Employees. Do you or a member of your immediate family hold an interest,
including a partnership interest, valued at EITHER check NO / / OR check YES / / and complete Schedule H-1. 9B. Local Officers and Employees. Do you or a member of your immediate family hold an interest,
including a partnership interest, or option, easement, or land contract, valued
at EITHER check NO / / OR check YES / / and complete Schedule H-2. 10. Real Estate Contracts with Governmental Agencies. Do you or a member of your immediate family hold an interest
valued at more than EITHER check NO / / OR check YES / / and complete Schedule I. Statements of Economic Interests are open for public inspection. AFFIRMATION BY ALL FILERS. I swear or affirm that the foregoing information is full, true and correct to the best of my knowledge. Signature ...................................................... (Return only if needed to complete Statement.)
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. _______________________________________________________________________ SCHEDULE B - PERSONAL LIABILITIES. Report personal liability by checking each category. Report
only debts in excess of Report contingent liabilities below and indicate which debts are contingent. 1. My personal debts are as follows: _______________________________________________________________________ 2. The personal debts of the members of my immediate family are as follows: _______________________________________________________________________ SCHEDULE C - SECURITIES.
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 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 / /. ____________________________________________________________________________ SCHEDULE D - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS. List each source from which you received during the past List payments or reimbursements by an advisory or governmental agency only for meetings or travel outside the Commonwealth. List a payment even if you donated it to charity. Do not list information about a payment if you returned it within 60 days or if you received it from an employer already listed under Item 6 or from a source of income listed on Schedule F. If no payment must be listed, check here / /. __________________________________________________________________________ SCHEDULE E - GIFTS. List each business, governmental entity, or individual that,
during the past __________________________________________________________________________ SCHEDULE F - BUSINESS INTERESTS. Complete this Schedule for each self-owned or family-owned
business (including rental property, a farm, or consulting work), partnership,
or corporation in which you or a member of your immediate family, separately or
together, own an interest having a value in excess of 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. ___________________________________________________________________________ SCHEDULE G-1 - PAYMENTS FOR REPRESENTATION BY YOU. List the businesses you represented, excluding activity
defined as lobbying in §2.2-419, before any state governmental agency,
excluding any court or judge, for which you received total compensation during
the past Identify each business, the nature of the representation and the amount received by dollar category from each such business. You may state the type, rather than name, of the business if you are required by law not to reveal the name of the business represented by you. Only STATE officers and employees should complete this Schedule. _____________________________________________________________________ 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.
SCHEDULE G-2 - PAYMENTS FOR REPRESENTATION BY ASSOCIATES. List the businesses that have been represented, excluding
activity defined as lobbying in §2.2-419, 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 Identify such businesses by type and also name the state governmental agencies before which such person appeared on behalf of such businesses. Only STATE officers and employees should complete this Schedule. ______________________________________________________________ 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 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. ___________________________________________________________________________ SCHEDULE H-1 - REAL ESTATE - STATE OFFICERS AND EMPLOYEES. List real estate other than your principal residence in which
you or a member of your immediate family holds an interest, including a
partnership interest, option, easement, or land contract, valued at _________________________________________________________________________ SCHEDULE H-2 - REAL ESTATE - LOCAL OFFICERS AND EMPLOYEES. List real estate other than your principal residence in which
you or a member of your immediate family holds an interest, including a
partnership interest or option, easement, or land contract, valued at _________________________________________________________________________ SCHEDULE I - REAL ESTATE CONTRACTS WITH GOVERNMENTAL AGENCIES. List all contracts, whether pending or completed within the
past State officers and employees report contracts with state agencies. Local officers and employees report contracts with local agencies. _______________________________________________________________________ §2.2-3118. Disclosure form; certain citizen members. A. The financial disclosure form to be used for filings
required pursuant to subsection B of §2.2-3114 and subsection B of §2.2-3115
shall be 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 person filing 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 person filing this statement is no longer employed, or (ii) the receipt of compensation for work performed by the person filing as an independent contractor of a business that represents an entity before any state governmental agency when the person filing has 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. "Immediate family" means (i) a spouse and (ii) any
"Personal interest" means, for the purposes of this form only, a personal and financial benefit or liability accruing to a filer or a member of his immediate family. Such interest shall exist by reason of (i) ownership in real or personal property, tangible or intangible; (ii) ownership in a business; (iii) income from a business; or (iv) personal liability on behalf of a business; however, unless the ownership interest in a business exceeds three percent of the total equity of the business, or the liability on behalf of a business exceeds three percent of the total assets of the business, or the annual income, and/or property or use of such property, from the business exceeds $10,000 or may reasonably be anticipated to exceed $10,000, such interest shall not constitute a "personal interest."
I. FINANCIAL INTERESTS My personal interests and those of my immediate family are as follows: Include all forms of personal interests held at the time of filing: real estate, stocks, bonds, equity interests in proprietorships and partnerships. You may exclude: 1. Deposits and interest bearing accounts in banks, savings institutions and other institutions accepting such deposits or accounts; 2. Interests in any business, other than a news medium, representing less than three percent of the total equity value of the business; 3. Liability on behalf of any business representing less than three percent of the total assets of such business; and 4. Income (other than from salary) less than $10,000 annually from any business. You need not state the value of any interest. You must state the name or principal business activity of each business in which you have a personal interest. A. My personal interests are: 1. Residence, address, or, if no address, location ........................................ 2. Other real estate, address, or, if no address, location .............................. 3. Name or principal business activity of each business in which stock, bond or equity interest is held ............................................ B. The personal interests of my immediate family are: 1. Real estate, address or, if no address, location ....................................... 2. Name or principal business activity of each business in which stock, bond or equity interest is held ........................................... II. OFFICES, DIRECTORSHIPS AND SALARIED EMPLOYMENTS The paid offices, paid directorships and salaried employments which I hold or which members of my immediate family hold and the businesses from which I or members of my immediate family receive retirement benefits are as follows: (You need not state any dollar amounts.) A. My paid offices, paid directorships and salaried employments are: _____________________________________________________________________ B. The paid offices, paid directorships and salaried employments of members of my immediate family are: _____________________________________________________________________ III. BUSINESSES TO WHICH SERVICES WERE FURNISHED A. The businesses I have represented, excluding activity defined as lobbying in §2.2-419, before any state governmental agency, excluding any court or judge, for which I have received total compensation in excess of $1,000 during the preceding year, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers, are as follows: Identify businesses by name and name the state governmental agencies before which you appeared on behalf of such businesses. _____________________________________________________________________ B. The businesses that, to my knowledge, have been represented, excluding activity defined as lobbying in §2.2-419, before any state governmental agency, excluding any court or judge, by persons with whom I have a close financial association and who received total compensation in excess of $1,000 during the preceding year, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers, are as follows: Identify businesses by type and name the state governmental agencies before which such person appeared on behalf of such businesses. _____________________________________________________________________ C. All other businesses listed below that operate in Virginia to which services were furnished pursuant to an agreement between you and such businesses and for which total compensation in excess of $1, 000 was received during the preceding year: Check each category of business to which services were furnished. _____________________________________________________ IV. COMPENSATION FOR EXPENSES The persons, associations, or other sources other than my governmental agency from which I or a member of my immediate family received remuneration in excess of $200 during the preceding year, in cash or otherwise, as honorariums or payment of expenses in connection with my attendance at any meeting or other function to which I was invited in my official capacity are as follows: _______________________________________________________________________ B. The provisions of Part III A and B of the disclosure form prescribed by this section shall not be applicable to officers and employees of local governmental and local advisory agencies. C. Except for real estate located within the county, city or town in which the officer or employee serves or a county, city or town contiguous to the county, city or town in which the officer or employee serves, officers and employees of local governmental or advisory agencies shall not be required to disclose under Part I of the form any other interests in real estate. §2.2-3118.1. Special provisions for individuals serving in or seeking multiple positions or offices; reappointees. A. The filing of a single current statement of economic interests by a state officer or employee required to file the form prescribed in §2.2-3117 shall suffice for the purposes of this chapter as filing for all state positions or offices held or sought by such individual during a single reporting period. The filing of a single current financial disclosure statement by a state officer or employee required to file the form prescribed in § 2.2-3118 shall suffice for the purposes of this chapter as filing for all state positions or offices held or sought by such individual and requiring the filing of the §2.2-3118 form during a single reporting period. B. Any individual who has met the requirement for §2.2-3121. Advisory opinions. A. A state officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the Attorney General or the Virginia Conflict of Interest and Ethics Advisory Council made in response to his written request for such opinion and the opinion was made after a full disclosure of the facts. B. A local officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the attorney for the Commonwealth or the Council made in response to his written request for such opinion and the opinion was made after a full disclosure of the facts. The written opinion shall be a public record and shall be released upon request. C. If any officer or employee serving at the local level of government is charged with a knowing violation of this chapter, and the alleged violation resulted from his reliance upon a written opinion of his city, county or town attorney, made after a full disclosure of the facts, that such action was not in violation of this chapter, then the officer or employee shall have the right to introduce a copy of the opinion at his trial as evidence that he did not knowingly violate this chapter. §2.2-3131. Exemptions. A. The requirements of §2.2-3130 shall not apply to state filers with a state agency who have taken an equivalent ethics orientation course through another state agency within the time periods set forth in subdivision 1 or 2 of §2.2-3130, as applicable. B. State agencies may jointly conduct and state filers from more than one state agency may jointly attend an orientation course required by §2.2-3128, as long as the course content is relevant to the official duties of the attending state filers. C. Before conducting each orientation course required by § 2.2-3128, state agencies shall consult with the Attorney General and the Virginia Conflict of Interest and Ethics Advisory Council regarding appropriate course content. §30-100. Declaration of legislative policy; construction. The General Assembly, recognizing that our system of representative government is dependent in part upon (i) citizen legislative members representing fully the public in the legislative process and (ii) its citizens maintaining the highest trust in their public officers, finds and declares that the citizens are entitled to be assured that the judgment of the members of the General Assembly will not be compromised or affected by inappropriate conflicts. The provisions of this chapter do not preclude prosecution for any violation of any criminal law of the Commonwealth, including Articles 2 (Bribery and Related Offenses, §18.2-438 et seq.) and 3 (Bribery of Public Servants and Party Officials, §18.2-446 et seq.) of Chapter 10 of Title 18.2, and do not constitute a defense to any prosecution for such a violation. This chapter shall apply to the members of the General Assembly. This chapter shall be liberally construed to accomplish its purpose. §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. "Contract" means any agreement to which a
governmental agency is a party, or any agreement on behalf of a governmental
agency "Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in §30-348. "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, "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 "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, "Personal interest in a contract" means a personal
interest "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 or provides services to any individual or business and such property, business or represented or served 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 or served 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 or serves 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. §30-103.1. Certain gifts prohibited. A. For purposes of this section: "Intangible gift" means a thing of temporary value or a thing that upon the happening of a certain event or expiration of a given date loses its value. "Intangible gift" includes entertainment, hospitality, a ticket, admission, or pass, transportation, lodgings, and meals that are reportable on Schedule E of the disclosure form prescribed in § 30-111. "Tangible gift" means a thing of value that does not lose its value upon the happening of a certain event or expiration of a given date. "Tangible gift" includes currency, negotiable instruments, securities, stock options, or other financial instruments that are reportable on Schedule E of the disclosure form prescribed in §30-111. "Tangible gift" does not include payments or reimbursements received for any intangible gift. B. A legislator or candidate for the General Assembly required to file the disclosure form prescribed in §30-111 (i) shall not solicit, accept, or receive within any calendar year any single tangible gift with a value in excess of $250 or a combination of tangible gifts with an aggregate value in excess of $250 from any person that he knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist's principal as defined in §2.2-419; or (c) a person, organization, or business who is a party to or is seeking to become a party to a contract with the Commonwealth; (ii) shall report any tangible gift with a value of $250 or less or any intangible gift received from any person listed in clause (i) on Schedule E of such disclosure form; and (iii) shall report any payments for talks, meetings, and publications on Schedule D-1 of such disclosure form. For purposes of this subsection, "person, organization, or business" includes individuals who are officers, directors, or owners of or who have a controlling ownership interest in such organization or business. C. The $250 limitation imposed in accordance with this section shall be adjusted by the Council every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar. §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 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:
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.
"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, "Immediate family" means (i) a spouse and (ii) any "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 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 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 EITHER check NO / / OR check YES / / and complete Schedule C. 4. Payments for Talks, Meetings, and Publications. During the past EITHER check NO / / OR check YES / / and complete Schedule D. 5. Gifts. During the past 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 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 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 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 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 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 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 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 EITHER check NO / / OR check YES / / and complete Schedule D-2. For Statements filed in January 2016 and each two years thereafter, complete the following statement indicating whether you completed the ethics orientation sessions provided pursuant to law: I certify that I completed ethics training as required by § 30-129.1. YES / / or NO / /. 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 ________________________________ (Such signature shall be deemed to constitute a valid notarization and shall have the same effect as if performed by a notary public.)
(Return only if needed to complete Statement.)
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. _______________________________________________________________________ SCHEDULE B - PERSONAL LIABILITIES. Report personal liability by checking each category. Report
only debts in excess of Report contingent liabilities below and indicate which debts are contingent. 1. My personal debts are as follows: __________________________________________________________________________ 2. The personal debts of the members of my immediate family are as follows: __________________________________________________________________________ SCHEDULE C - SECURITIES.
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 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 / /. __________________________________________________________________________ SCHEDULE D-1 - PAYMENTS FOR TALKS, MEETINGS, AND PUBLICATIONS. List each source from which you received during the past If no payment must be listed, check here / /. __________________________________________________________________________ SCHEDULE D-2 - PAYMENTS BY THE COMMONWEALTH FOR MEETINGS. List each meeting for which the Commonwealth provided payments
or reimbursements during the past If no payment must be listed, check here / /. __________________________________________________________________________ SCHEDULE E - GIFTS. List each business, governmental entity, or individual that,
during the past Do not list entertainment events unless the average value per
person attending the event exceeded $50 __________________________________________________________________________ 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 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. _________________________________________________________________________ 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. ___________________________________________________________________________ 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 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. ______________________________________________________________________ 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 Identify such businesses by type and also name the state governmental agencies before which such person appeared on behalf of such businesses. ______________________________________________________________________ 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 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. __________________________________________________________________________ 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 ________________________________________________________________________ SCHEDULE I - REAL ESTATE CONTRACTS WITH STATE GOVERNMENTAL AGENCIES. List all contracts, whether pending or completed within the
past _______________________________________________________________________ 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. 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. §30-112. Senate and House Ethics Advisory Panels; membership; terms; quorum; compensation and expenses. A. The Senate Ethics Advisory Panel and the House Ethics Advisory Panel are 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 shall be composed of five 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. 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 Committee on Rules of the Senate and confirmed by the Senate by a majority vote of (i) the members present of the majority party and (ii) the members present of the minority party. 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 by a majority vote of (i) the members present of the majority party and (ii) the members present of the minority party. 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 shall elect its own chairman and vice-chairman from among its membership. E. 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 members shall constitute a quorum on each panel. A vacancy shall not impair the right of the remaining members to exercise all powers of the Panel. Meetings of each panel shall be held at the call of the chairman or whenever the majority of the members so request. G. The members of each panel, while serving on the business of the Panel, 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. §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, the Panel shall inquire into any
alleged violation of Articles 2 (§30-102 et seq.) through 5 (§30-109 et seq.) B. The Panel 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.) C. If after such preliminary investigation, the Panel determines to proceed with an inquiry into the conduct of any legislator, the Panel (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 may grant the legislator any other rights or privileges not specifically enumerated in this subsection. Once the Panel has determined to proceed with an inquiry, its meetings and hearings shall be open to the public. D. Once the Panel determines to proceed with an inquiry into the conduct of any legislator, the Panel 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 proceedings. §30-117. Confidentiality of proceedings. All proceedings during the investigation of any complaint by
the Panel shall be confidential. This rule of confidentiality shall apply to
Panel members and their staff §30-118. Staff for Panel. The Panel 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. §30-124. Advisory opinions. A legislator shall not be prosecuted or disciplined for a
violation of this chapter if his alleged violation resulted from his good faith
reliance on a written opinion of a committee on standards of conduct
established pursuant to §30-120, §30-129.1. Orientation sessions on ethics and conflicts of interests. The Virginia Conflict of Interest and Ethics Advisory Council shall conduct an orientation session (i) for new and returning General Assembly members preceding each even-numbered year regular session and (ii) for any new General Assembly member who is elected in a special election and whose term commences after the date of the orientation session provided for in clause (i) and at least six months before the date of the next such orientation session within three months of his election. Attendance at the full orientation session shall be mandatory for newly elected members. Attendance at a refresher session lasting at least two hours shall be mandatory for returning members and may be accomplished by online participation. There shall be no penalty for the failure of a member to attend the full or refresher orientation session, but the member must disclose his attendance pursuant to §30-111. §30-129.2. Content of orientation sessions. The orientation session shall provide information and training for the members on ethics and conflicts of interests, on the provisions of the General Assembly Conflicts of Interests Act (§30-100 et seq.), on relevant federal law provisions, and on related issues involving lobbying. Refresher sessions may be offered online. §30-129.3. Orientation session preparations. Those conducting the orientation sessions may call on other agencies in the legislative or executive branches for assistance, may invite experts to assist in the sessions, and shall, upon request of a member who holds a professional license or certification, apply for continuing education credits with the appropriate licensing or certifying entity for the sessions. §30-348. Virginia Conflict of Interest and Ethics Advisory Council; membership; terms; quorum; expenses. A. The Virginia Conflict of Interest and Ethics Advisory Council (the Council) is hereby created as an advisory council in the legislative branch to encourage and facilitate compliance with the State and Local Government Conflict of Interests Act (§2.2-3100 et seq.) and the General Assembly Conflicts of Interests Act (§30-100 et seq.) (hereafter the Acts) and the lobbying laws in Article 3 (§2.2-418 et seq.) of Chapter 4 of Title 2.2 (hereafter Article 3). B. The Council shall consist of 15 members as follows: four members appointed by the Speaker of the House of Delegates, one of whom shall be a member of the House of Delegates, one of whom shall be a former member of the House of Delegates, and two of whom shall be nonlegislative citizen members; four members appointed by the Senate Committee on Rules, one of whom shall be a member of the Senate, one of whom shall be a former member of the Senate, and two of whom shall be nonlegislative citizen members; four members appointed by the Governor, two of whom shall be executive branch employees and two of whom shall be nonlegislative citizen members; one member designated by the Attorney General; one member appointed by the Senate Committee on Rules from a list of three nominees submitted by the Virginia Association of Counties; and one member appointed by the Speaker of the House of Delegates from a list of three nominees submitted by the Virginia Municipal League. All members of the Council are subject to confirmation by the General Assembly by a majority vote in each house of (i) the members present of the majority party and (ii) the members present of the minority party. C. All appointments following the initial staggering of terms shall be for terms of four years, except that appointments to fill vacancies shall be for the unexpired terms in the same manner as the original appointment. No nonlegislative citizen member shall be eligible to serve for more than two successive four-year terms. However, after the expiration of a term of three years or less, or after the expiration of the remainder of a term to which appointed to fill a vacancy, two additional terms may be served by such member if appointed thereto. Legislative members and other state government officials shall serve terms coincident with their terms of office. Legislative members may be reappointed for successive terms. D. The members of the Council shall elect from among their membership a chairman and a vice-chairman for two-year terms. The chairman and vice-chairman may not succeed themselves to the same position. The Council shall hold meetings quarterly or upon the call of the chairman. A majority of the Council shall constitute a quorum. E. Members of the Council shall receive no compensation for their services but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813, 2.2-2825, and 30-19.12, as appropriate. Funding for expenses of the members shall be provided from existing appropriations to the Council. §30-349. Powers and duties of the Council. The Council shall: 1. Review all disclosure forms filed by lobbyists pursuant to Article 3 and by state and local government officers and employees and legislators pursuant to the Acts. The Council shall review all disclosure forms for completeness, which shall include reviewing the information contained on the face of the form to determine if the disclosure form has been fully completed and comparing the disclosures contained in any disclosure form filed by a lobbyist pursuant to §2.2-426 with other disclosure forms filed with the Council, and be followed by requests for amendments to ensure the completeness of and correction of errors in the forms, if necessary; 2. Accept any disclosure forms by computer or electronic means in accordance with the standards approved by the Council and using software meeting standards approved by it. The Council shall provide software to filers without charge and may prescribe the method of execution and certification of electronically filed forms, including the use of an electronic signature as authorized by the Uniform Electronic Transactions Act (§59.1-479 et seq.), and the procedures for receiving forms in the office of the Council; 3. Beginning July 1, 2015, establish and maintain a searchable electronic database comprising disclosure forms filed pursuant to §§ 2.2-426, 2.2-3117, 2.2-3118, and 30-111. Such database shall be available to the public through the Council's official website; 4. Furnish, upon request, formal advisory opinions or guidelines and other appropriate information, including informal advice, regarding ethics and conflicts issues arising under Article 3 or the Acts to any person or to any agency of state or local government, in an expeditious manner. Informal advice given by the Council is confidential, protected by the attorney-client privilege, and is excluded from the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.); 5. Conduct training seminars and educational programs for lobbyists, state and local government officers and employees and legislators, and other interested persons on the requirements of Article 3 and the Acts and provide ethics orientation sessions for legislators in compliance with Article 6 (§30-129.1 et seq.) of Chapter 13; 6. Approve orientation courses conducted pursuant to § 2.2-3128 and, upon request, review the educational materials and approve any training or course on the requirements of Article 3 and the Acts conducted for state and local government officers and employees; 7. Publish such educational materials as it deems appropriate on the provisions of Article 3 and the Acts; 8. Review actions taken in the General Assembly with respect to the discipline of its members for the purpose of offering nonbinding advice; 9. Request from any agency of state or local government such assistance, services, and information as will enable the Council to effectively carry out its responsibilities. Information provided to the Council by an agency of state or local government shall not be released to any other party unless authorized by such agency; and 10. Report on or before December 1 of each year on its activities and findings regarding Article 3 and the Acts, including recommendations for changes in the laws, to the General Assembly and the Governor. The annual report shall be submitted by the chairman as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be published as a state document. §30-350. Staff. Staff assistance to the Council shall be provided by the Division of Legislative Services. Staff shall perform those duties assigned to it by the Council, including those duties enumerated in §30-349. §30-351. Cooperation of agencies of state and local government. Every department, division, board, bureau, commission, authority, or political subdivision of the Commonwealth shall cooperate with, and provide such assistance to, the Council as the Council may request. 2. That the initial terms of the nonlegislative citizen members and former legislative members of the Virginia Conflict of Interest and Ethics Advisory Council appointed pursuant to this act shall be staggered as follows: (i) two nonlegislative citizen members, one appointed by the Speaker of the House of Delegates and one appointed by the Senate Committee on Rules, for a term of two years; (ii) two nonlegislative citizen members, one appointed by the Speaker of the House of Delegates and one appointed by the Governor, for a term of three years; (iii) two nonlegislative citizen members, one member appointed by the Senate Committee on Rules and one appointed by the Governor, and two former legislative members, one appointed by the Speaker of the House of Delegates and one appointed by the Senate Committee on Rules, for a term of four years; and (iv) the designee of the Attorney General and the appointed representatives of the Virginia Association of Counties and Virginia Municipal League for a term of one year. Thereafter, the terms of members shall be for four years. 3. That, if the General Assembly is not in session when initial appointments to the Virginia Conflict of Interest and Ethics Advisory Council are made, such initial appointments shall be confirmed at the next succeeding regular session of the General Assembly following such appointments and the Council may exercise all powers and perform all duties set forth in this act notwithstanding any provisions of this act requiring confirmation of members appointed to the Council by the General Assembly. 4. That the Virginia Conflict of Interest and Ethics Advisory Council shall promulgate instructions for all filers required to file a disclosure form regarding how to complete and file such forms in accordance with provisions of this act. 5. That the Virginia Conflict of Interest and Ethics Advisory Council shall review the current statutory disclosure forms located at §§ 2.2-426, 2.2-3117, 2.2-3118, and 30-111 of the Code of Virginia and promulgate revised forms consistent with the provisions of this act. The Council shall submit its proposed revised forms to the General Assembly on or before November 15, 2015. 6. That the provisions of this act requiring the filing of disclosure forms with the Virginia Conflict of Interest and Ethics Advisory Council shall become effective on July 1, 2015, and the first of such disclosure forms filed with the Council shall be such disclosure forms required to be filed by December 15, 2015. All filers required to file a disclosure form for any filing period prior to December 15, 2015, shall file such form with the entity currently responsible for accepting such filings in the manner currently accepted by such entity. 7. That the provisions of this act do not affect the requirement that each lobbyist required to file a report of expenditures pursuant to §2.2-426 of the Code of Virginia shall file such report by July 1, 2014, for the preceding 12-month period complete through the last day of April and shall thereafter follow the semiannual reporting schedule set forth in § 2.2-426. 8. 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. 9. That, except as provided in the seventh enactment of this act, the filing period for all filers required to file a disclosure form on December 15, 2014, shall consist of January 2014 complete through the last day of October 2014. |
