15102670D
SENATE BILL NO. 1250
Offered January 14, 2015
Prefiled January 14, 2015
A BILL to amend and reenact § 2.2-426 of the Code of
Virginia, relating to lobbyist disclosure; gifts; penalty.
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Patron-- Smith
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Referred to Committee on Rules
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Be it enacted by the General Assembly of Virginia:
1. That § 2.2-426 of the Code of Virginia is amended and
reenacted as follows:
§2.2-426. Lobbyist reporting; penalty.
A. Each lobbyist shall file with the Virginia Conflict of
Interest and Ethics Advisory Council a separate semiannual report of
expenditures, including gifts, for each principal for whom he lobbies by
December 15 for the preceding six-month period complete through the last day of
October and June 15 for the preceding six-month period complete through the
last day of April.
B. Each principal who expends more than $500 to employ or
compensate multiple lobbyists shall be responsible for filing a consolidated
lobbyist report pursuant to this section in any case in which the lobbyists are
each exempt under the provisions of subdivision 7 or 8 of §2.2-420 from the
reporting requirements of this section.
C. The report shall be on a form provided by the Virginia
Conflict of Interest and Ethics Advisory Council, which shall be substantially
as follows and shall be accompanied by instructions provided by the Council.
LOBBYIST'S DISCLOSURE STATEMENT
PART I:
(1) PRINCIPAL: _____________________________________________________
In Part I, item 2a, provide the name of the individual
authorizing your employment as a lobbyist. The lobbyist filing
this statement MAY NOT list his name in item 2a.
(2a) Name: __________________________________________________________
(2b) Permanent Business Address: ____________________________________
(2c) Business Telephone: ____________________________________________
(3) Provide a list of executive and legislative actions (with as
much specificity as possible) for which you lobbied and a
description of activities conducted.
________________________________________________________________
________________________________________________________________
________________________________________________________________
(4) INCORPORATED FILINGS: If you are filing an incorporated
disclosure statement, please complete the following:
Individual filing financial information: _______________________
Individuals to be included in the filing: ______________________
________________________________________________________________
(5) Please indicate which schedules will be attached to your
disclosure statement:
[ ] Schedule A: Entertainment Expenses
[ ] Schedule B: Gifts
[ ] Schedule C: Other Expenses
(6) EXPENDITURE TOTALS:
a) ENTERTAINMENT $ ______
b) GIFTS $ ______
c) COMMUNICATIONS $ ______
d) PERSONAL LIVING AND TRAVEL EXPENSES $ ______
e) COMPENSATION OF LOBBYISTS $ ______
f) HONORARIA $ ______
g) OTHER $ ______
TOTAL $ ______
PART II:
(1a) NAME OF LOBBYIST: ______________________________________________
(1b) Permanent Business Address: ____________________________________
(1c) Business Telephone: ____________________________________________
(2) As a lobbyist, you are (check one)
[ ] EMPLOYED (on the payroll of the principal)
[ ] RETAINED (not on the payroll of the principal, however
compensated)
[ ] NOT COMPENSATED (not compensated; expenses may be reimbursed)
(3) List all lobbyists other than yourself who registered to
represent your principal.
________________________________________________________________
________________________________________________________________
________________________________________________________________
(4) If you selected "EMPLOYED" as your answer to Part II, item 2,
provide your job title.
________________________________________________________________
PLEASE NOTE: Some lobbyists are not individually compensated for
lobbying activities. This may occur when several members of a firm
represent a single principal. The principal, in turn, makes a single
payment to the firm. If this describes your situation, do not answer
Part II, items 5a and 5b. Instead, complete Part III, items 1 and 2.
(5a) What was the DOLLAR AMOUNT OF YOUR COMPENSATION as a lobbyist?
(If you have job responsibilities other than those involving
lobbying, you may have to prorate to determine the part of your
salary attributable to your lobbying activities.) Transfer your
answer to this item to Part I, item 6e.
(5b) Explain how you arrived at your answer to Part II, item 5a.
________________________________________________________________
________________________________________________________________
________________________________________________________________
PART III:
PLEASE NOTE: If you answered Part II, items 5a and 5b, you WILL NOT
complete this section.
(1) List all members of your firm, organization, association,
corporation, or other entity who furnished lobbying services to
your principal.
________________________________________________________________
________________________________________________________________
________________________________________________________________
(2) Indicate the total amount paid to your firm, organization,
association, corporation or other entity for services rendered.
Transfer your answer to this item to Part I, item 6e____________
SCHEDULE A
ENTERTAINMENT EXPENSES
PLEASE NOTE: Any single entertainment event included in the expense
totals of the principal, with a value greater than $50, should be
itemized below. Transfer any totals from this schedule to Part I,
item 6a. (Please duplicate as needed.)
Date and Location of Event:
_____________________________________________________________________
_____________________________________________________________________
Description of Event:
_____________________________________________________________________
_____________________________________________________________________
Total Number of Persons Attending:
.....................................................................
Names of Legislative and Executive Officials or Members of Their
Immediate Families Attending: (List names only if the average value
for each person attending the event was greater than $50.)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Food $ ______
Beverages $ ______
Transportation of Legislative and Executive Officials
or Members of Their Immediate Families $ ______
Lodging of Legislative and Executive Officials or
Members of Their Immediate Families $ ______
Performers, Speakers, Etc. $ ______
Displays $ ______
Rentals $ ______
Service Personnel $ ______
Miscellaneous $ ______
TOTAL $ ______
SCHEDULE B
GIFTS
PLEASE NOTE: Any single gift reported in the expense totals of the
principal, to an executive or legislative official with a value
greater than $50, should of which the principal contributed all
or part, shall be itemized below. Complete this form even if the
principal's share of the gift was less than $50. (Report meals,
entertainment and travel under Schedule A.) Transfer any totals
from this schedule to Part I, item 6b. (Please duplicate as needed.)
Name of each
legislative or
executive official
or member of his
immediate family Cost of
Date Description who is a recipient individual
of gift: of gift: of a gift: gift:
___________ _____________________ ______________________ $ ______
___________ _____________________ ______________________ $ ______
___________ _____________________ ______________________ $ ______
___________ _____________________ ______________________ $ ______
TOTAL COST TO PRINCIPAL $ ______
Date of Gift: ________________ Total Cost of Gift: $ ___________
Did principal's share account for the total value of the gift?
Yes ___ No ___
If No, list the principal's share of the cost of the total gift:
$ _________
Description of Gift: _____________________________________________
Recipient's Last Name: __________________________ Suffix: ________
Recipient's First Name: _________________ Middle Name: ___________
Recipient's Title: _______________________________________________
SCHEDULE C
OTHER EXPENSES
PLEASE NOTE: This section is provided for any lobbying-related
expenses not covered in Part I, items 6a - 6f. An example of an
expenditure to be listed on schedule C would be the rental of a
bill box during the General Assembly session. Transfer the total
from this schedule to Part I, item 6g. (Please duplicate as needed.)
DATE OF EXPENSE DESCRIPTION OF EXPENSE AMOUNT
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
__________________ ____________________________________ $ ______
TOTAL "OTHER" EXPENSES $ ______
PART IV: STATEMENTS
The following items are mandatory and if they are not properly
completed, the entire filing will be rejected and returned to
the lobbyist:
(1) All signatures on the statement must be ORIGINAL in the format
specified in the instructions provided by the Council that
accompany this form. No stamps, or other reproductions of the
individual's signature will be accepted.
(2) An individual MAY NOT sign the disclosure statement as lobbyist
and principal officer.
STATEMENT OF LOBBYIST
I, the undersigned registered lobbyist, do state that the information
furnished on this disclosure statement and on all accompanying
attachments required to be made thereto is, to the best of my
knowledge and belief, complete and accurate.
________________________
Signature of lobbyist
________________________
Date
STATEMENT OF PRINCIPAL
I, the undersigned principal (or an authorized official thereof), do
state that the information furnished on this disclosure statement
and on all accompanying attachments required to be made thereto is,
to the best of my knowledge and belief, complete and accurate.
________________________
Signature of principal
________________________
Date
D. A person who signs the disclosure statement knowing it to
contain a material misstatement of fact is guilty of a Class 5 felony.
E. Each lobbyist shall send to each legislative and executive
official who is required to be identified by name on Schedule A or B of the
Lobbyist's Disclosure Form a copy of Schedule A or B or a summary of the
information pertaining to that official. Copies or summaries shall be provided
to the official by November 21 for the preceding six-month period complete through
the last day of October and by May 21 for the preceding six-month period
complete through the last day of April.
2. That the provisions of this act may result in a net
increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be
determined for periods of imprisonment in state adult correctional facilities;
therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I,
requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal
impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the
necessary appropriation is $0 for periods of commitment to the custody of the
Department of Juvenile Justice.
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