                                 CODE OF VIRGINIA

CERTAIN GIFTS PROHIBITED (§ 2.2-3103.1)

A. For purposes of this section:
			&#8220;Foreign country of concern&#8221; means any country designated by the
Secretary of State to have repeatedly provided support for acts of international
terrorism pursuant to the National Defense Authorization Act for Fiscal Year
2019, P.L. 115-232 &#xA7; 1754(c), Aug. 13, 2018; the Arms Export Control Act
&#xA7; 40, 22 U.S.C. &#xA7; 2780; or the Foreign Assistance Act of 1961 &#xA7;
620A, 22 U.S.C. &#xA7; 2370.
			&#8220;Person, organization, or business&#8221; includes individuals who are
officers, directors, or owners of or who have a controlling ownership interest
in such organization or business.
			&#8220;Widely attended event&#8221; 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 are members of a public, civic, charitable, or professional organization,
(ii) who are from a particular industry or profession, or (iii) 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 &#xA7; 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 (&#xA7; 2.2-418 et seq.) of Chapter 4; (ii) a
lobbyist&#8217;s principal as defined in &#xA7; 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 &#xA7; 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 (&#xA7; 2.2-418 et seq.) of Chapter 4; (ii) a
lobbyist&#8217;s principal as defined in &#xA7; 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&#8217;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 food and beverages, entertainment, or the cost of admission with a
value in excess of $100 when such gift is accepted or received while in
attendance at a widely attended event and is associated with the event. Such
gifts shall be reported on the disclosure form prescribed in &#xA7; 2.2-3117.

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 so long as
such foreign dignitary is not a representative of a foreign country of concern.
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 &#xA7; 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,
food or beverages, or other thing of value, with a value in excess of $100 that
is paid for or provided by a person listed in subsection B or C when the
officer, employee, or candidate has submitted a request for approval of such
travel to the Council and has received the approval of the Council pursuant to
&#xA7; 30-356.1. Such gifts shall be reported on the disclosure form prescribed
in &#xA7; 2.2-3117.

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.

J. The provisions of this section shall not apply to any justice of the Supreme
Court of Virginia, judge of the Court of Appeals of Virginia, judge of any
circuit court, or judge or substitute judge of any district court. However,
nothing in this subsection shall be construed to authorize the acceptance of any
gift if such acceptance would constitute a violation of the Canons of Judicial
Conduct for the State of Virginia.

HISTORY: 2014, cc. 792, 804; 2015, cc. 763, 777; 2017, cc. 829, 832; 2023, cc.
291, 293.