                                 CODE OF VIRGINIA

DEFINITIONS (§ 30-101)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Advisory agency&#8221; 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.
		&#8220;Business&#8221; 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.
		&#8220;Candidate&#8221; 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.
		&#8220;Contract&#8221; 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. &#8220;Contract&#8221;
includes a subcontract only when the contract of which it is a part is with the
legislator&#8217;s own governmental agency.
		&#8220;Council&#8221; means the Virginia Conflict of Interest and Ethics
Advisory Council established in § 30-355.
		&#8220;Financial institution&#8221; 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.
		&#8220;Gift&#8221; means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary value. It includes
services as well as gifts of transportation, lodgings and meals, whether
provided in-kind, by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred. &#8220;Gift&#8221; 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&#8217;s financial aid standards and
procedures applicable to the general public; (iv) a campaign contribution
properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of
Title 24.2; (v) any gift related to the private profession or occupation or
volunteer service of a legislator or of a member of his immediate family; (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 (§ 24.2-945 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 § 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) gifts with a value
of less than $20; (xv) attendance at a reception or similar function where food,
such as hors d&#8217;oeuvres, and beverages that can be conveniently consumed by
a person while standing or walking are offered; or (xvi) gifts from relatives or
personal friends. For the purpose of this definition, &#8220;relative&#8221;
means the donee&#8217;s spouse, child, uncle, aunt, niece, nephew, or first
cousin; a person to whom the donee is engaged to be married; the donee&#8217;s
or his spouse&#8217;s parent, grandparent, grandchild, brother, sister,
step-parent, step-grandparent, step-grandchild, step-brother, or step-sister; or
the donee&#8217;s brother&#8217;s or sister&#8217;s spouse or the donee&#8217;s
son-in-law or daughter-in-law. For the purpose of this definition,
&#8220;personal friend&#8221; does not include any person that the filer knows
or has reason to know is (a) a lobbyist registered pursuant to Article 3 (§
2.2-418 et seq.) of Chapter 4 of Title 2.2 or (b) a lobbyist&#8217;s principal
as defined in § 2.2-419.
		&#8220;Governmental agency&#8221; 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.
		&#8220;Immediate family&#8221; 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.
		&#8220;Legislator&#8221; means a member of the General Assembly.
		&#8220;Personal interest&#8221; 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).
		&#8220;Personal interest in a contract&#8221; 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.
		&#8220;Personal interest in a transaction&#8221; means a personal interest of
a legislator in any matter considered by the General Assembly. Such personal
interest exists when a legislator 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
&#8220;personal interest in a transaction&#8221; 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.
		&#8220;Transaction&#8221; 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.

HISTORY: 1987, Sp. Sess., c. 1, § 2.1-639.31; 1994, c. 724; 1996, c. 77; 2001,
c. 844; 2014, cc. 792, 804; 2015, cc. 763, 777; 2016, cc. 773, 774; 2017, cc.
829, 832.