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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>86360</law_id><section_number>2.2-3101</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-2455</reference><reference>2.2-435</reference><reference>2.2-5205</reference><reference>2.2-5207</reference><reference>29.1-319</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Organization of State Government</unit><unit label="part" level="3" order_by="1" identifier="E">State Officers and Employees</unit><unit label="chapter" level="4" order_by="1" identifier="31">State and Local Government Conflict of Interests Act</unit><unit label="article" level="5" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Advisory agency</span>&#x201D; means any board, commission, committee or post which does not exercise any sovereign power or duty, but is appointed by a <span class="dictionary">governmental agency</span> or <span class="dictionary">officer</span> or is created by <span class="dictionary">law</span> for the purpose of making studies or recommendations, or advising or consulting with a <span class="dictionary">governmental agency</span>.
		&#x201C;<span class="dictionary">Affiliated business entity relationship</span>&#x201D; means a relationship, other than a <span class="dictionary">parent-subsidiary relationship</span>, 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 <span class="dictionary">affiliated business entity relationship</span> include that the same person or substantially the same person owns or manages the two entities, there are common or commingled funds or <span class="dictionary">assets</span>, the business entities share the use of the same offices or <span class="dictionary">employees</span>, or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities.
		&#x201C;Business&#x201D; 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.
		&#x201C;<span class="dictionary">Candidate</span>&#x201D; 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 <span class="dictionary">candidate</span> shall become subject to the provisions of this chapter upon the filing of a statement of qualification pursuant to &#xA7;&#xA0;<a class="law" title="Statement of qualification as requirement of candidacy" href="/24.2-501/">24.2-501</a>. The State Board of Elections or general registrar shall notify each such <span class="dictionary">candidate</span> of the provisions of this chapter. Notification made by the general registrar shall consist of information developed by the State Board of Elections.
		&#x201C;Contract&#x201D; means any agreement to which a <span class="dictionary">governmental agency</span> is a <span class="dictionary">party</span>, or any agreement on behalf of a <span class="dictionary">governmental agency</span> 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. &#x201C;Contract&#x201D; includes a subcontract only when the contract of which it is a part is with the <span class="dictionary">officer</span>&#x2019;s or <span class="dictionary">employee</span>&#x2019;s own <span class="dictionary">governmental agency</span>.
		&#x201C;<span class="dictionary">Council</span>&#x201D; means the Virginia <span class="dictionary">Conflict of Interest</span> and Ethics Advisory <span class="dictionary">Council</span> established in &#xA7;&#xA0;<a class="law" title="Virginia Conflict of Interest and Ethics Advisory Council; membership; terms; quorum; expenses" href="/30-355/">30-355</a>.
		&#x201C;<span class="dictionary">Employee</span>&#x201D; means all persons employed by a governmental or <span class="dictionary">advisory agency</span>, unless otherwise limited by the context of its use.
		&#x201C;<span class="dictionary">Financial institution</span>&#x201D; means any bank, trust company, savings institution, industrial loan association, consumer finance company, credit union, broker-dealer as defined in subsection A of &#xA7;&#xA0;<a class="law" title="Definitions" href="/13.1-501/">13.1-501</a>, or investment company or advisor registered under the federal Investment Advisors Act or Investment Company Act of 1940.
		&#x201C;<span class="dictionary">Gift</span>&#x201D; means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as <span class="dictionary">gifts</span> of transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred.
		&#x201C;<span class="dictionary">Gift</span>&#x201D; does not include (i) any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used; (ii) honorary degrees; (iii) any athletic, merit, or need-based scholarship or any other financial aid awarded by a public or private school, institution of higher education, or other educational program pursuant to such school, institution, or program&#x2019;s financial aid standards and procedures applicable to the general public; (iv) a campaign contribution properly received and reported pursuant to Chapter 9.3 (&#xA7;&#xA0;<a class="law" title="Elections to which chapter applicable; chapter exclusive" href="/24.2-945/">24.2-945</a> et seq.) of Title 24.2; (v) any <span class="dictionary">gift</span> related to the private profession or occupation or volunteer service of an <span class="dictionary">officer</span> or <span class="dictionary">employee</span> or of a member of his <span class="dictionary">immediate family</span>; (vi) food or beverages consumed while attending an event at which the filer is performing official duties related to his public service; (vii) food and beverages received at or registration or attendance fees waived for any event at which the filer is a featured speaker, presenter, or lecturer; (viii) unsolicited awards 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; (ix) a devise or inheritance; (x) travel disclosed pursuant to the Campaign Finance Disclosure Act (&#xA7;&#xA0;<a class="law" title="Elections to which chapter applicable; chapter exclusive" href="/24.2-945/">24.2-945</a> et seq.); (xi) 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; (xii) 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 Committee on Rules or its Chairman or the Senate Committee on Rules or its Chairman; (xiii) travel related to an official meeting of, or any meal provided for attendance at such meeting by, the Commonwealth, its political subdivisions, or any board, commission, authority, or other entity, or any charitable organization established pursuant to &#xA7;&#xA0;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; (xiv) <span class="dictionary">gifts</span> with a value of less than $20; (xv) attendance at a reception or similar function where food, such as hors d&#x2019;oeuvres, and beverages that can be conveniently consumed by a person while standing or walking are offered; (xvi) tickets or the registration or admission fees to an event that are provided by an agency to its own <span class="dictionary">officers</span> or <span class="dictionary">employees</span> for the purposes of performing official duties related to their public service; or (xvii) <span class="dictionary">gifts</span> from <span class="dictionary">relatives</span> or personal friends.
		For the purpose of this definition, &#x201C;<span class="dictionary">relative</span>&#x201D; means the donee&#x2019;s spouse, child, uncle, aunt, niece, nephew, or first cousin; a person to whom the donee is engaged to be married; the donee&#x2019;s or his spouse&#x2019;s parent, grandparent, grandchild, brother, sister, step-parent, step-grandparent, step-grandchild, step-brother, or step-sister; or the donee&#x2019;s brother&#x2019;s or sister&#x2019;s spouse or the donee&#x2019;s son-in-<span class="dictionary">law</span> or daughter-in-<span class="dictionary">law</span>.
		For the purpose of this definition, &#x201C;personal friend&#x201D; does not include any person that the filer knows or has reason to know is (a) a lobbyist registered pursuant to Article 3 (&#xA7;&#xA0;<a class="law" title="Statement of intent and purposes" href="/2.2-418/">2.2-418</a> et seq.) of Chapter 4 of Title 2.2; (b) a lobbyist&#x2019;s principal as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/2.2-419/">2.2-419</a>; (c) for an <span class="dictionary">officer</span> or <span class="dictionary">employee</span> of a local governmental or <span class="dictionary">advisory agency</span>, a <span class="dictionary">person, organization, or business</span> who is a <span class="dictionary">party</span> to or is seeking to become a <span class="dictionary">party</span> to a contract with the local agency of which he is an <span class="dictionary">officer</span> or an <span class="dictionary">employee</span>; or (d) for an <span class="dictionary">officer</span> or <span class="dictionary">employee</span> of a state governmental or <span class="dictionary">advisory agency</span>, a <span class="dictionary">person, organization, or business</span> who is a <span class="dictionary">party</span> to or is seeking to become a <span class="dictionary">party</span> to a contract with the Commonwealth.
		For purposes of this definition, &#x201C;<span class="dictionary">person, organization, or business</span>&#x201D; includes individuals who are <span class="dictionary">officers</span>, directors, or owners of or who have a controlling ownership interest in such organization or business.
		&#x201C;<span class="dictionary">Governmental agency</span>&#x201D; 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 <span class="dictionary">law</span> 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 &#x201C;<span class="dictionary">governmental agencies</span>&#x201D; for purposes of this chapter.
		&#x201C;<span class="dictionary">Immediate family</span>&#x201D; means (i) a spouse and (ii) any other person who resides in the same household as the <span class="dictionary">officer</span> or <span class="dictionary">employee</span> and who is a dependent of the <span class="dictionary">officer</span> or <span class="dictionary">employee</span>.
		&#x201C;<span class="dictionary">Officer</span>&#x201D; means any person appointed or elected to any governmental or <span class="dictionary">advisory agency</span> including local school boards, whether or not he receives compensation or other emolument of office. Unless the context requires otherwise, &#x201C;<span class="dictionary">officer</span>&#x201D; includes members of the judiciary.
		&#x201C;<span class="dictionary">Parent-subsidiary relationship</span>&#x201D; 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.
		&#x201C;Personal interest&#x201D; means a financial benefit or liability accruing to an <span class="dictionary">officer</span> or <span class="dictionary">employee</span> or to a member of his <span class="dictionary">immediate family</span>. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total <span class="dictionary">equity</span> 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 <span class="dictionary">governmental agency</span> 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).
		&#x201C;<span class="dictionary">Personal interest in a contract</span>&#x201D; means a personal interest that an <span class="dictionary">officer</span> or <span class="dictionary">employee</span> has in a contract with a <span class="dictionary">governmental agency</span>, whether due to his being a <span class="dictionary">party</span> to the contract or due to a personal interest in a business that is a <span class="dictionary">party</span> to the contract.
		&#x201C;<span class="dictionary">Personal interest in a transaction</span>&#x201D; means a personal interest of an <span class="dictionary">officer</span> or <span class="dictionary">employee</span> in any matter considered by his agency. Such personal interest exists when an <span class="dictionary">officer</span> or <span class="dictionary">employee</span> or a member of his <span class="dictionary">immediate family</span> has a personal interest in property or a business or <span class="dictionary">governmental agency</span>, 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 <span class="dictionary">personal interest in a transaction</span> 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 <span class="dictionary">immediate family</span> has no personal interest related to the not-for-profit entity or (b) an <span class="dictionary">officer</span>, <span class="dictionary">employee</span>, or elected member of a local governing body is appointed by such local governing body to serve on a <span class="dictionary">governmental agency</span>, or an <span class="dictionary">officer</span>, <span class="dictionary">employee</span>, or elected member of a separate local <span class="dictionary">governmental agency</span> formed by a local governing body is appointed to serve on a <span class="dictionary">governmental agency</span>, and the personal interest in the transaction of the <span class="dictionary">governmental agency</span> is the result of the salary, other compensation, fringe benefits, or benefits provided by the local governing body or the separate <span class="dictionary">governmental agency</span> to the <span class="dictionary">officer</span>, <span class="dictionary">employee</span>, elected member, or member of his <span class="dictionary">immediate family</span>.
		&#x201C;State and local government <span class="dictionary">officers</span> and <span class="dictionary">employees</span>&#x201D; shall not include members of the General Assembly.
		&#x201C;<span class="dictionary">State filer</span>&#x201D; means those <span class="dictionary">officers</span> and <span class="dictionary">employees</span> required to file a <span class="dictionary">disclosure statement</span> of their <span class="dictionary">personal interests</span> pursuant to subsection A or B of &#xA7;&#xA0;<a class="law" title="Disclosure by state officers and employees" href="/2.2-3114/">2.2-3114</a>.
		&#x201C;Transaction&#x201D; means any matter considered by any governmental or <span class="dictionary">advisory agency</span>, whether in a committee, subcommittee, or other entity of that agency or before the agency itself, on which official action is taken or contemplated.</p></section></text><history>1987, Sp. Sess., c. 1, &#xA7; 2.1-639.2; 1988, c. 536; 1992, c. 865; 1993, c. 303; 1994, cc. 74, 724; 1995, c. 495; 1996, c. 77; 1997, c. 641; 2001, c. 844; 2003, c. 694; 2004, cc. 134, 392; 2012, cc. 345, 771; 2013, c. 475; 2014, cc. 792, 804; 2015, cc. 763, 777; 2016, cc. 773, 774; 2017, cc. 829, 832; 2022, cc. 528, 529.</history><metadata></metadata></law>
