Bill Text: VA SB692 | 2016 | Regular Session | Engrossed
Bill Title: Conflicts of Interests Acts, State & Local Government & General Assembly, etc.; lobbyist reporting.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2016-05-16 - Governor: Acts of Assembly Chapter text (CHAP0774) [SB692 Detail]
Download: Virginia-2016-SB692-Engrossed.html
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Be it enacted by the General Assembly of Virginia: 1. That §§2.2-419, 2.2-426, 2.2-3101, 2.2-3103.1, 2.2-3106, 2.2-3109.1, 2.2-3114, 2.2-3115, 2.2-3116, as it is currently effective and as it shall become effective, 2.2-3117, 30-101, 30-103.1, 30-110, 30-111, 30-129.1, and 30-356.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 2.2-3114.2 and 30-110.1 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. "Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in §30-355. "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 action" includes procurement transactions. "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 Virginia Lottery. "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, Lieutenant Governor, or Attorney General 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, including any
gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or
other item having monetary value, and includes services as well as gifts of
transportation, local travel, and lodgings "Gift" does not mean: 1. Printed informational or promotional material; 2. A gift that is not used and, no later than 60 days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes; 3. A devise or inheritance; 4. A gift of a value of 5. Any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used; 6. Any food or 7. Any 8. An unsolicited award of appreciation or recognition in the form of a plaque, trophy, wall memento, or similar item that is given in recognition of public, civic, charitable, or professional service; 9. Any gift from an individual's spouse, child, uncle, aunt, niece, nephew, or first cousin; a person to whom the donee is engaged to be married; the donee's or his spouse's parent, grandparent, grandchild, brother, sister, step-parent, step-grandparent, step-grandchild, step-brother, or step-sister; or the donee's brother's or sister's spouse; 10. Travel provided to facilitate attendance by a legislator
at a regular or special session of the General Assembly, a meeting of a
legislative committee or commission, or a national conference where attendance
is approved by the House or Senate Committee on Rules; 11. Travel related to an official meeting of the Commonwealth, its political subdivisions, or any board, commission, authority, or other entity, or any charitable organization established pursuant to §501(c)(3) of the Internal Revenue Code affiliated with such entity, to which such person has been appointed or elected or is a member by virtue of his office or employment; 12. Any gift, including travel, from a nonpartisan state, regional, national, or international legislative organization, or an affiliated organization of such organization, of which a legislator or an officer or employee of the legislative branch is a member by virtue of his office or employment; or 13. Any gift, including travel, from a charitable organization established pursuant to §501(c)(3) of the Internal Revenue Code to a legislator or an officer or employee of the legislative branch if such organization has been approved by the Joint Rules Committee of the General Assembly to make gifts. "Immediate family" means (i) the spouse and (ii) any other person who resides in the same household as the executive or legislative official and who is a dependent of the official. "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. "Procurement transaction" means all functions that pertain to obtaining all goods, services, or construction on behalf of an executive agency, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. "Secretary" means the Secretary of the Commonwealth. "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. "Widely attended event" means an event at which at least 25 persons have been invited to attend or there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals (i) who share a common interest, (ii) who are members of a public, civic, charitable, or professional organization, (iii) who are from a particular industry or profession, or (iv) who represent persons interested in a particular issue. §2.2-426. Lobbyist reporting; penalty. A. Each lobbyist shall file with the 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. (Effective January 1, 2016, through July 1, 2016) The report shall be on a form provided by the Council, which shall be substantially similar to the following and shall be accompanied by instructions provided by the Council. C. (Effective July 1, 2016) The report shall be on a form provided by the Council, which shall be substantially similar to the following and shall be accompanied by instructions provided by the Council. All reports shall be submitted electronically and in accordance with the standards approved by the Council pursuant to the provisions of §30-356.
D. A person who knowingly and intentionally makes a false statement of a material fact on the disclosure statement is guilty of a Class 5 felony. E. The name of a legislative or executive official, or a member of his immediate family, attending a reportable entertainment event shall not be disclosed by the principal if that legislative or executive official reimburses the principal for, or otherwise pays for, his attendance, or the attendance of a member of his immediate family, at the entertainment event. Reimbursement shall be calculated using the average value for each person attending the event. F. 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 §2.2-3101. 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. "Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. The candidate shall become subject to the provisions of this chapter upon the filing of a statement of qualification pursuant to §24.2-501. The State Board of Elections or general registrar shall notify each such candidate of the provisions of this chapter. Notification made by the general registrar shall consist of information developed by the State Board of Elections. "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 §30-355. "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,
and lodgings "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 other person who resides in the same household as the officer or employee and who is a dependent of the officer or employee. "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, $5,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property if the ownership interest will consist of clause (i) or (iv) above. "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: "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. "Widely attended event" means an event at which at least 25 persons have been invited to attend or there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals (i) who share a common interest, (ii) who are members of a public, civic, charitable, or professional organization, (iii) who are from a particular industry or profession, or (iv) who represent persons interested in a particular issue. B. No officer or employee of a local governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 or a member of his immediate family shall solicit, accept, or receive any single gift with a value in excess of $100 or any combination of gifts with an aggregate value in excess of $100 within any calendar year for himself or a member of his immediate family from any person that he or a member of his immediate family knows or has reason to know is (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4; (ii) a lobbyist's principal as defined in §2.2-419; or (iii) a person, organization, or business who is or is seeking to become a party to a contract with the local agency of which he is an officer or an employee. Gifts with a value of less than $20 are not subject to aggregation for purposes of this prohibition. C. No officer or employee of a state governmental or advisory agency or candidate required to file the disclosure form prescribed in § 2.2-3117 or a member of his immediate family shall solicit, accept, or receive any single gift with a value in excess of $100 or any combination of gifts with an aggregate value in excess of $100 within any calendar year for himself or a member of his immediate family from any person that he or a member of his immediate family knows or has reason to know is (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4; (ii) a lobbyist's principal as defined in §2.2-419; or (iii) a person, organization, or business who is or is seeking to become a party to a contract with the state governmental or advisory agency of which he is an officer or an employee or over which he has the authority to direct such agency's activities. Gifts with a value of less than $20 are not subject to aggregation for purposes of this prohibition. D. Notwithstanding the provisions of subsections B and C, such
officer, employee, or candidate or a member of his immediate family may accept
or receive a gift of E. Notwithstanding the provisions of subsections B and C, such officer or employee or a member of his immediate family may accept or receive a gift from a foreign dignitary with a value exceeding $100 for which the fair market value or a gift of greater or equal value has not been provided or exchanged. Such gift shall be accepted on behalf of the Commonwealth or a locality and archived in accordance with guidelines established by the Library of Virginia. Such gift shall be disclosed as having been accepted on behalf of the Commonwealth or a locality, but the value of such gift shall not be required to be disclosed. F. Notwithstanding the provisions of subsections B and C, such officer, employee, or candidate or a member of his immediate family may accept or receive certain gifts with a value in excess of $100 from a person listed in subsection B or C if such gift was provided to such officer, employee, or candidate or a member of his immediate family on the basis of a personal friendship. Notwithstanding any other provision of law, a person listed in subsection B or C may be a personal friend of such officer, employee, or candidate or his immediate family for purposes of this subsection. In determining whether a person listed in subsection B or C is a personal friend, the following factors shall be considered: (i) the circumstances under which the gift was offered; (ii) the history of the relationship between the person and the donor, including the nature and length of the friendship and any previous exchange of gifts between them; (iii) to the extent known to the person, whether the donor personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iv) whether the donor has given the same or similar gifts to other persons required to file the disclosure form prescribed in §2.2-3117 or 30-111. G. Notwithstanding the provisions of subsections B and C, such
officer, employee, or candidate or a member of his immediate family may accept
or receive gifts of travel, including travel-related transportation, lodging,
hospitality, H. 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 gift from any person that he knows or has reason to know is a person, organization, or business that is a party to such civil action. A person, organization, or business that is a party to such civil action shall not knowingly give any gift to the Governor or the Attorney General or any of their employees who are subject to the provisions of this chapter. I. The $100 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. §2.2-3106. Prohibited contracts by officers and employees of state government and Eastern Virginia Medical School. A. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with the governmental agency of which he is an officer or employee, other than his own contract of employment. B. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with any other governmental agency of state government unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in §2.2-4302.1 or 2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative head of the governmental agency that competitive bidding or negotiation is contrary to the best interest of the public. C. The provisions of this section shall not apply to: 1. An employee's personal interest in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided the employee does not exercise any control over the employment or the employment activities of the member of his immediate family and the employee is not in a position to influence those activities; 2. The personal interest of an officer or employee of a state institution of higher education or the Eastern Virginia Medical School in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided (i) the officer or employee and the immediate family member are engaged in teaching, research or administrative support positions at the educational institution or the Eastern Virginia Medical School, (ii) the governing board of the educational institution finds that it is in the best interests of the institution or the Eastern Virginia Medical School and the Commonwealth for such dual employment to exist, and (iii) after such finding, the governing board of the educational institution or the Eastern Virginia Medical School ensures that the officer or employee, or the immediate family member, does not have sole authority to supervise, evaluate or make personnel decisions regarding the other; 3. An officer's or employee's personal interest in a contract of employment with any other governmental agency of state government; 4. Contracts for the sale by a governmental agency or the Eastern Virginia Medical School of services or goods at uniform prices available to the general public; 5. An employee's personal interest in a contract between a public institution of higher education in Virginia or the Eastern Virginia Medical School and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials; 6. An employee's personal interest in a contract with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee, including manuscripts, musical scores, poetry, paintings, books or other materials, writings, or papers of an academic, research, or cultural value to the institution, provided the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution's public mission of service, research, or education; 7. Subject to approval by the board of visitors, an employee's personal interest in a contract between the Eastern Virginia Medical School or a public institution of higher education in Virginia that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education or the Eastern Virginia Medical School and of which such employee is a member or employee; 8. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract for research and development or
commercialization of intellectual property between a public institution of
higher education in Virginia or the Eastern Virginia Medical School and a
business in which the employee has a personal interest, if (i) the employee's
personal interest has been disclosed to and approved by such public institution
of higher education or the Eastern Virginia Medical School prior to the time at
which the contract is entered into; (ii) the employee promptly files a
disclosure statement pursuant to §2.2-3117 and thereafter files such statement
annually on or before 9. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract between a public institution of
higher education in Virginia or the Eastern Virginia Medical School and a
business in which the employee has a personal interest, if (i) the personal
interest has been disclosed to the institution or the Eastern Virginia Medical
School prior to the time the contract is entered into; (ii) the employee files
a disclosure statement pursuant to §2.2-3117 and thereafter annually on or
before D. Notwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee's personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Medical School pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Medical School to the Secretary of the Commonwealth by January 31 of each year of evidence of their compliance with such federal policies and regulations. E. The board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution's or the Eastern Virginia Medical School's employee responsible for administering each contract, the details of the institution's or the Eastern Virginia Medical School's commitment or investment of resources or finances for each contract, the details of how revenues are to be dispersed, and any other information requested by the board of visitors. §2.2-3109.1. Prohibited contracts; additional exclusions for contracts by officers and employees of hospital authorities. A. As used in this section, "hospital authority" means a hospital authority established pursuant to Chapter 53 (§15.2-5300 et seq.) of Title 15.2 or an Act of Assembly. B. The provisions of §2.2-3109 shall not apply to: 1. The personal interest of an officer or employee of a hospital authority in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided (i) the officer or employee and the immediate family member are licensed members of the medical profession or hold administrative support positions at the hospital authority, (ii) the governing board of the hospital authority finds that it is in the best interests of the hospital authority and the county, city, or town for such dual employment to exist, and (iii) after such finding, the governing board of the hospital authority ensures that neither the officer or employee, nor the immediate family member, has sole authority to supervise, evaluate, or make personnel decisions regarding the other; 2. Subject to approval by the governing board of the hospital authority, an officer or employee's personal interest in a contract between his hospital authority and a professional entity that operates a clinical practice at any medical facilities of such other hospital authority and of which such officer or employee is a member or employee; 3. Subject to approval by the relevant governing body, an
officer or employee's personal interest in a contract for research and
development or commercialization of intellectual property between the hospital
authority and a business in which the employee has a personal interest,
provided (i) the officer or employee's personal interest has been disclosed to
and approved by the hospital authority prior to the time at which the contract
is entered into; (ii) the officer or employee promptly files a disclosure
statement pursuant to §2.2-3117 and thereafter files such statement annually
on or before 4. Subject to approval by the relevant governing body, an
officer or employee's personal interest in a contract between the hospital
authority and a business in which the officer or employee has a personal
interest, provided (i) the personal interest has been disclosed to the hospital
authority prior to the time the contract is entered into; (ii) the officer or
employee files a disclosure statement pursuant to §2.2-3117 and thereafter
annually on or before C. Notwithstanding the provisions of subdivisions B 3 and B 4, if the research and development or commercialization of intellectual property or the officer or employee's personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interest, the policies established by the hospital authority pursuant to such federal requirements shall constitute compliance with subdivisions B 3 and B 4, upon notification by the hospital authority to the Virginia Conflict of Interest and Ethics Advisory Council by January 31 of each year of evidence of its compliance with such federal policies and regulations. D. The governing body may delegate the authority granted under subdivision B 2 to the president or chief executive officer of hospital authority. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision B 3. In those instances where the board has delegated such authority, on or before December 1 of each year, the president or chief executive officer of the hospital authority shall file a report with the relevant governing body disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the hospital authority's employee responsible for administering each contract, the details of the hospital authority's commitment or investment of resources or finances for each contract, the details of how revenues are to be dispersed, and any other information requested by the governing body. §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, members of the Virginia
Alcoholic Beverage Control Board, and members of the Virginia 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 officers or employees of the legislative
branch, as may be designated 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 Virginia 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. (Effective January 1, 2016, until July 1, 2016) The disclosure forms required by subsections A and B shall be made available by the Council at least 30 days prior to the filing deadline. Disclosure forms shall be filed and maintained as public records for five years in the office of the Council. Such forms shall be made public no later than six weeks after filing. C. (Effective July 1, 2016) The disclosure forms required by subsections A and B shall be made available by the Council at least 30 days prior to the filing deadline. Disclosure forms shall be filed electronically with the Council in accordance with the standards approved by it pursuant to § 30-356. All forms shall be maintained as public records for five years in the office of the Council. Such forms shall be made public no later than six weeks after filing. 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. H. Notwithstanding any other provision of law, chairs of departments at a public institution of higher education in the Commonwealth shall not be required to file the disclosure form prescribed by §2.2-3117 or 2.2-3118. §2.2-3114.2. Report of gifts by certain officers and employees of state government. The Governor, Lieutenant Governor, Attorney General, and each member of the Governor's Cabinet shall file, on or before May 1, a report of gifts accepted or received by him or a member of his immediate family during the period beginning on the first day of the regular session of the General Assembly complete through adjournment sine die of that session. The gift report shall be on a form prescribed by the Council and shall be filed electronically with the Council in accordance with the standards approved by it pursuant to § 30-356. For purposes of this section, "adjournment sine die" means adjournment on the last legislative day of the regular session and does not include the ensuing reconvened session. §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, 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, 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, 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,
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, 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 made available by the Virginia Conflict of Interest and Ethics Advisory Council at least 30 days prior to the filing deadline, and the clerks of the governing body and school board shall distribute the forms to designated individuals at least 20 days prior to the filing deadline. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city. Such forms shall be made public no later than six weeks after filing. 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 clerk of the governing body of such county, city, or town on
or before 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 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. 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. (Effective from January 1, 2016, until July 1, 2016) 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 required to file with the Council, as a condition to assuming
office, the Statement of Economic Interests set forth in §2.2-3117. These
officers shall file statements §2.2-3116. (Effective July 1, 2016) 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 required to file with the Council, as a condition to assuming
office, the Statement of Economic Interests set forth in §2.2-3117. These
officers shall file statements §2.2-3117. Disclosure form. (Effective from January 1, 2016, until July 1, 2016) 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 similar to the following. Any person who knowingly and intentionally makes a false statement of a material fact on the Statement of Economic Interests is guilty of a Class 5 felony. (Effective July 1, 2016) 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 similar to the following. Except as otherwise provided in §2.2-3115, all completed forms shall be filed electronically with the Council in accordance with the standards approved by it pursuant to §30-356. Any person who knowingly and intentionally makes a false statement of a material fact on the Statement of Economic Interests is guilty of a Class 5 felony. STATEMENT OF ECONOMIC INTERESTS. Name__________________________________________________________ Office or position held or sought_____________________________________ Address________________________________________________________ Names of members of immediate family________________________________ DEFINITIONS AND EXPLANATORY MATERIAL. "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. "Close financial association" means an association in which the 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 other person who resides in the same household as the officer or employee and who is a dependent of the officer or employee. 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 $5,000 to any one creditor including contingent liabilities? (Exclude debts to any government and loans secured by recorded liens on property at least equal in value to the loan.) EITHER check NO / / OR check YES / / and complete Schedule B. 3. Securities. Do you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000 invested in one business? Account for mutual funds, limited partnerships and trusts. EITHER check NO / / OR check YES / / and complete Schedule C. 4. Payments for Talks, Meetings, and Publications. During the past 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 $5,000 annually. (Exclude state or local government or advisory agencies.) If no reportable salary or wages, check here / /. _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 7. Business Interests. Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $5,000 in a business? 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 more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust. EITHER check NO / / OR check YES / / and complete Schedule H-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 more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust. EITHER check NO / / OR check YES / / and complete Schedule H-2. 10. Real Estate Contracts with Governmental Agencies. Do you or a member of your immediate family hold an interest
valued at more than $5,000 in real estate, including a corporate, partnership,
or trust interest, option, easement, or land contract, which real estate is the
subject of a contract, whether pending or completed within the past 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.) SCHEDULES to STATEMENT OF ECONOMIC INTERESTS. NAME__________________________________ SCHEDULE A -- OFFICES AND DIRECTORSHIPS. Identify each business of which you or a member of your immediate family is a paid officer or paid director.
SCHEDULE B -- PERSONAL LIABILITIES. Report personal liability by checking each category. Report only debts in excess of $5,000. Do not report debts to any government. Do not report loans secured by recorded liens on property at least equal in value to the loan. Report contingent liabilities below and indicate which debts are contingent. 1. My personal debts are as follows:
2. The personal debts of the members of my immediate family are as follows:
SCHEDULE C -- SECURITIES. "Securities" INCLUDES stocks, bonds, mutual funds, limited partnerships, and commodity futures contracts. "Securities" EXCLUDES certificates of deposit, money market funds, annuity contracts, and insurance policies. Identify each business or Virginia governmental entity in which you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000. Name each issuer and type of security individually. Do not list U.S. Bonds or other government securities not issued by the Commonwealth of Virginia or its authorities, agencies, or local governments. Do not list organizations that do not do business in this Commonwealth, but most major businesses conduct business in Virginia. Account for securities held in trust. If no reportable securities, check here / /.
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 $5,000. If the enterprise is owned or operated under a trade, partnership, or corporate name, list that name; otherwise, merely explain the nature of the enterprise. If rental property is owned or operated under a trade, partnership, or corporate name, list the name only; otherwise, give the address of each property. Account for business interests held in trust.
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. Amount Received: _______________________. SCHEDULE G-2 -- PAYMENTS FOR REPRESENTATION BY ASSOCIATES. 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 more than $5,000. Each parcel shall be listed individually.
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 more than $5,000. Each parcel shall be listed individually. Also list the names of any co-owners of such property, if applicable.
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.
§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. "Candidate" means a person who seeks or campaigns for election to the General Assembly in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. The candidate shall become subject to the provisions of this section upon the filing of a statement of qualification pursuant to §24.2-501. The State Board of Elections shall notify each such candidate of the provisions of this chapter. "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 legislator's own governmental agency. "Council" means the Virginia Conflict of Interest and Ethics Advisory Council established in §30-355. "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 other person who resides in the same household as the legislator and who is a dependent of the legislator. "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, $5,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually; (iv) ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business; or (vi) an option for ownership of a business or real or personal property if the ownership interest will consist of clause (i) or (iv). "Personal interest in a contract" means a personal interest that a legislator has in a contract with a governmental agency, whether due to his being a party to the contract or due to a personal interest in a business that is a party to the contract. "Personal interest in a transaction" means a personal interest of a legislator in any matter considered by the General Assembly. Such personal interest exists when an officer or employee or a member of his immediate family has a personal interest in property or a business, or represents 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: "Widely attended event" means an event at which at least 25 persons have been invited to attend or there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals (i) who share a common interest, (ii) who are members of a public, civic, charitable, or professional organization, (iii) who are from a particular industry or profession, or (iv) who represent persons interested in a particular issue. B. No legislator or candidate for the General Assembly required to file the disclosure form prescribed in §30-111 or a member of his immediate family shall solicit, accept, or receive any single gift for himself or a member of his immediate family with a value in excess of $100 or any combination of gifts with an aggregate value in excess of $100 within any calendar year for himself or a member of his immediate family from any person that he or a member of his immediate family knows or has reason to know is (i) a lobbyist registered pursuant to Article 3 (§2.2-418 et seq.) of Chapter 4 of Title 2.2 or (ii) a lobbyist's principal as defined in §2.2-419. Gifts with a value of less than $20 are not subject to aggregation for purposes of this prohibition. C. Notwithstanding the provisions of subsection B, a
legislator or candidate or a member of his immediate family may accept or
receive a gift of D. Notwithstanding the provisions of subsection B, a legislator or a member of his immediate family may accept or receive a gift from a foreign dignitary with a value exceeding $100 for which the fair market value or a gift of greater or equal value has not been provided or exchanged. Such gift shall be accepted on behalf of the Commonwealth and archived in accordance with guidelines established by the Library of Virginia. Such gift shall be disclosed as having been accepted on behalf of the Commonwealth, but the value of such gift shall not be required to be disclosed. E. Notwithstanding the provisions of subsection B, a legislator or candidate or a member of his immediate family may accept or receive certain gifts with a value in excess of $100 from a person listed in subsection B if such gift was provided to the legislator or candidate or a member of his immediate family on the basis of a personal friendship. Notwithstanding any other provision of law, a person listed in subsection B may be a personal friend of the legislator or candidate or his immediate family for purposes of this subsection. In determining whether a person listed in subsection B is a personal friend, the following factors shall be considered: (i) the circumstances under which the gift was offered; (ii) the history of the relationship between the person and the donor, including the nature and length of the friendship and any previous exchange of gifts between them; (iii) to the extent known to the person, whether the donor personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iv) whether the donor has given the same or similar gifts to other persons required to file the disclosure form prescribed in §2.2-3117 or 30-111. F. Notwithstanding the provisions of subsection B, a
legislator or candidate or a member of his immediate family may accept or
receive gifts of travel, including travel-related transportation, lodging,
hospitality, G. The $100 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. (Effective January 1, 2016, through July 1, 2016) 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 A. (Effective July 1, 2016) 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. §30-110.1. Report of gifts. Every legislator shall file, on or before May 1, a report of gifts accepted or received by him or a member of his immediate family during the period beginning on the first day of the regular session of the General Assembly complete through adjournment sine die of that session. The gift report shall be on a form prescribed by the Council and shall be filed electronically with the Council in accordance with the standards approved by it pursuant to § 30-356. For purposes of this section, "adjournment sine die" means adjournment on the last legislative day of the regular session and does not include the ensuing reconvened session. §30-111. Disclosure form. A. (Effective from January 1, 2016, until July 1, 2016) The disclosure form to be used for filings required by subsections A and B of § 30-110 shall be substantially similar to the following. A. (Effective July 1, 2016) The disclosure form to be used for filings required by subsections A and B of §30-110 shall be substantially similar to the following. All completed forms shall be filed electronically with the Council in accordance with the standards approved by it pursuant to § 30-356. STATEMENT OF ECONOMIC INTERESTS. Name__________________________________________________________ Office or position held or sought_____________________________________ Address________________________________________________________ Names of members of immediate family________________________________ DEFINITIONS AND EXPLANATORY MATERIAL. "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. "Close financial association" means an association in which the filer shares significant financial involvement with an individual and the filer would reasonably be expected to be aware of the individual's business activities and would have access to the necessary records either directly or through the individual. "Close financial association" does not mean an association based on (i) the receipt of retirement benefits or deferred compensation from a business by which the legislator is no longer employed, or (ii) the receipt of compensation for work performed by the legislator as an independent contractor of a business that represents an entity before any state governmental agency when the legislator has had no communications with the state governmental agency. "Contingent liability" means a liability that is not presently fixed or determined, but may become fixed or determined in the future with the occurrence of some certain event. "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 other person who resides in the same household as the legislator and who is a dependent of the legislator. "Lobbyist relationship" means (i) an engagement, agreement, or representation that relates to legal services, consulting services, or public relations services, whether gratuitous or for compensation, between a member or member-elect and any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth or (ii) a greater than three percent ownership interest by a member or member-elect in a business that employs, or engages as an independent contractor, any person who is, or has been within the prior calendar year, registered as a lobbyist with the Secretary of the Commonwealth. The disclosure of a lobbyist relationship shall not (a) constitute a waiver of any attorney-client or other privilege, (b) require a waiver of any attorney-client or other privilege for a third party, or (c) be required where a member or member-elect is employed or engaged by a person and such person also employs or engages a person in a lobbyist relationship so long as the member or member-elect has no financial interest in the lobbyist relationship. TRUST. If you or your immediate family, separately or together, are the only beneficiaries of a trust, treat the trust's assets as if you own them directly. If you or your immediate family has a proportional interest in a trust, treat that proportion of the trust's assets as if you own them directly. For example, if you and your immediate family have a one-third interest in a trust, complete your Statement as if you own one-third of each of the trust's assets. If you or a member of your immediate family created a trust and can revoke it without the beneficiaries' consent, treat its assets as if you own them directly. REPORT TO THE BEST OF INFORMATION AND BELIEF. Information required on this Statement must be provided on the basis of the best knowledge, information, and belief of the individual filing the Statement as of the date of this report unless otherwise stated. COMPLETE ITEMS 1 THROUGH 11. REFER TO SCHEDULES ONLY IF DIRECTED. You may attach additional explanatory information. 1. Offices and Directorships. Are you or a member of your immediate family a paid officer or paid director of a business? EITHER check NO / / OR check YES / / and complete Schedule A. 2. Personal Liabilities. Do you or a member of your immediate family owe more than $5,000 to any one creditor including contingent liabilities? (Exclude debts to any government and loans secured by recorded liens on property at least equal in value to the loan.) EITHER check NO / / OR check YES / / and complete Schedule B. 3. Securities. Do you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000 invested in one business? Account for mutual funds, limited partnerships and trusts. EITHER check NO / / OR check YES / / and complete Schedule C. 4. Payments for Talks, Meetings, and Publications. During the past 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 $5,000 annually. (Exclude any salary received as a member of the General Assembly pursuant to §30-19.11.) If no reportable salary or wages, check here / /. _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 7. Business Interests and Lobbyist Relationships. 7A. Do you or a member of your immediate family, separately or together, operate your own business, or own or control an interest in excess of $5,000 in a business? EITHER check NO / / OR check YES / / and complete Schedule F-1. 7B. Do you have a lobbyist relationship as that term is defined above? EITHER check NO / / OR check YES / / and complete Schedule F-2. 8. Payments for Representation and Other Services. 8A. Did you represent any businesses before any state
governmental agencies, excluding courts or judges, for which you received total
compensation during the past 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 more than $5,000 in real property (other than your principal residence) for which you have not already listed the full address on Schedule F? Account for real estate held in trust. EITHER check NO / / OR check YES / / and complete Schedule H. 10. Real Estate Contracts with State Governmental Agencies. Do you or a member of your immediate family hold an interest valued
at more than $5,000 in real estate, including a corporate, partnership, or
trust interest, option, easement, or land contract, which real estate is the
subject of a contract, whether pending or completed within the past 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 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________________________________ (Return only if needed to complete Statement.) SCHEDULES to STATEMENT OF ECONOMIC INTERESTS. NAME__________________________________ SCHEDULE A -- OFFICES AND DIRECTORSHIPS. Identify each business of which you or a member of your immediate family is a paid officer or paid director.
SCHEDULE B -- PERSONAL LIABILITIES. Report personal liability by checking each category. Report only debts in excess of $5,000. Do not report debts to any government. Do not report loans secured by recorded liens on property at least equal in value to the loan. Report contingent liabilities below and indicate which debts are contingent. 1. My personal debts are as follows:
2. The personal debts of the members of my immediate family are as follows:
SCHEDULE C -- SECURITIES. "Securities" INCLUDES stocks, bonds, mutual funds, limited partnerships, and commodity futures contracts. "Securities" EXCLUDES certificates of deposit, money market funds, annuity contracts, and insurance policies. Identify each business or Virginia governmental entity in which you or a member of your immediate family, directly or indirectly, separately or together, own securities valued in excess of $5,000. Name each issuer and type of security individually. Do not list U.S. Bonds or other government securities not issued by the Commonwealth of Virginia or its authorities, agencies, or local governments. Do not list organizations that do not do business in this Commonwealth, but most major businesses conduct business in Virginia. Account for securities held in trust. If no reportable securities, check here / /.
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
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 $5,000. If the enterprise is owned or operated under a trade, partnership, or corporate name, list that name; otherwise, merely explain the nature of the enterprise. If rental property is owned or operated under a trade, partnership, or corporate name, list the name only; otherwise, give the address of each property. Account for business interests held in trust.
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 $5,000 or more. Each parcel shall be listed individually.
SCHEDULE I -- REAL ESTATE CONTRACTS WITH STATE GOVERNMENTAL AGENCIES. List all contracts, whether pending or completed within the
past
B. Any legislator who knowingly and intentionally makes a false statement of a material fact on the Statement of Economic Interests is guilty of a Class 5 felony and shall be subject to disciplinary action for such violations by the house in which the legislator sits. C. The Statement of Economic Interests of all members of each house shall be reviewed by the Council. If a legislator's Statement is found to be inadequate as filed, the legislator shall be notified in writing and directed to file an amended Statement correcting the indicated deficiencies, and a time shall be set within which such amendment shall be filed. If the Statement of Economic Interests, in either its original or amended form, is found to be adequate as filed, the legislator's filing shall be deemed in full compliance with this section as to the information disclosed thereon. D. Ten percent of the membership of a house, on the basis of newly discovered facts, may in writing request the house in which those members sit, in accordance with the rules of that house, to review the Statement of Economic Interests of another member of that house in order to determine the adequacy of his filing. In accordance with the rules of each house, each Statement of Economic Interests shall be promptly reviewed, the adequacy of the filing determined, and notice given in writing to the legislator whose Statement is in issue. Should it be determined that the Statement requires correction, augmentation or revision, the legislator involved shall be directed to make the changes required within such time as shall be set under the rules of each house. If a legislator, after having been notified in writing in accordance with the rules of the house in which he sits 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. §30-129.1. 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 §30-356.1. Request for approval for certain travel. A. The Council shall receive and review a request for the
approval of travel submitted by a person required to file the disclosure form
prescribed in §2.2-3117 or 30-111 to accept any travel-related transportation,
lodging, hospitality, 1. Travel disclosed pursuant to the Campaign Finance Disclosure Act (§24.2-945 et seq.); 2. Travel paid for or provided by the government of the United States, any of its territories, or any state or any political subdivision of such state; 3. Travel provided to facilitate attendance by a legislator at
a regular or special session of the General Assembly, a meeting of a legislative
committee or commission, or a national conference where attendance is approved
by the House or Senate Committee on Rules; 4. Travel related to an official meeting of the Commonwealth, its political subdivisions, or any board, commission, authority, or other entity, or any charitable organization established pursuant to §501(c)(3) of the Internal Revenue Code affiliated with such entity, to which such person has been appointed or elected or is a member by virtue of his office or employment. 5. Travel provided by a nonpartisan state, regional, national, or international legislative organization, or an affiliated organization of such organization, of which a legislator or an officer or employee of the legislative branch is a member by virtue of his office or employment; or 6. Travel provided by a charitable organization established pursuant to §501(c)(3) of the Internal Revenue Code to a legislator or an officer or employee of the legislative branch if such organization has been approved by the Joint Rules Committee of the General Assembly to provide such travel. B. When reviewing a request for the approval of travel, the Council shall consider the purpose of the travel as it relates to the official duties of the requester. The Council shall approve any request for travel that bears a reasonable relationship between the purpose of the travel and the official duties of the requester. Such travel shall include any meeting, conference, or other event (i) composed primarily of public officials, (ii) at which public policy related to the duties of the requester will be discussed in a substantial manner, (iii) reasonably expected to educate the requester on issues relevant to his official duties or to enhance the requester's knowledge and skills relative to his official duties, or (iv) at which the requester has been invited to speak regarding matters reasonably related to the requester's official duties. C. The Council shall not approve any travel requests that bear no reasonable relationship between the purpose of the proposed travel and the official duties of the requester. In making such determination, the Council shall consider the duration of travel, the destination of travel, the estimated value of travel, and any previous or recurring travel. D. Within five business days of receipt of a request for the approval of travel, the Council shall grant or deny the request, unless additional information has been requested. If additional information has been requested, the Council shall grant or deny the request for the approval within five business days of receipt of such information. If the Council has not granted or denied the request for approval of travel or requested additional information within such five-day period, such travel shall be deemed to have been approved by the Council. Nothing in this subsection shall preclude a person from amending or resubmitting a request for the approval of travel. The Council may authorize a designee to review and grant or deny requests for the approval of travel. E. A request for the approval of travel shall be on a form prescribed by the Council and made available on its website. Such form may be submitted by electronic means, facsimile, in-person submission, or mail or commercial mail delivery. F. No person shall be prosecuted, assessed a civil penalty, or otherwise disciplined for acceptance of a travel-related thing of value if he accepted the travel-related thing of value after receiving approval under this section, regardless of whether such approval is later withdrawn, provided the travel occurred prior to the withdrawal of the approval. |