2.2-3101 - Definitions.
§ 2.2-3101. Definitions.
As used in this chapter:
"Advisory agency" means any board, commission, committee or post which doesnot exercise any sovereign power or duty, but is appointed by a governmentalagency or officer or is created by law for the purpose of making studies orrecommendations, or advising or consulting with a governmental agency.
"Affiliated business entity relationship" means a relationship, other thana parent-subsidiary relationship, that exists when (i) one business entityhas a controlling ownership interest in the other business entity, (ii) acontrolling owner in one entity is also a controlling owner in the otherentity, or (iii) there is shared management or control between the businessentities. Factors that may be considered in determining the existence of anaffiliated business entity relationship include that the same person orsubstantially the same person owns or manages the two entities, there arecommon or commingled funds or assets, the business entities share the use ofthe same offices or employees, or otherwise share activities, resources orpersonnel on a regular basis, or there is otherwise a close workingrelationship between the entities.
"Business" means a corporation, partnership, sole proprietorship, firm,enterprise, franchise, association, trust or foundation, or any otherindividual or entity carrying on a business or profession, whether or not forprofit.
"Contract" means any agreement to which a governmental agency is a party,or any agreement on behalf of a governmental agency that involves the paymentof money appropriated by the General Assembly or political subdivision,whether or not such agreement is executed in the name of the Commonwealth, orsome political subdivision thereof. "Contract" includes a subcontract onlywhen the contract of which it is a part is with the officer's or employee'sown governmental agency.
"Dependent" means a son, daughter, father, mother, brother, sister or otherperson, whether or not related by blood or marriage, if such person receivesfrom the officer or employee, or provides to the officer or employee, morethan one-half of his financial support.
"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 § 13.1-501, or investment company or advisorregistered under the federal Investment Advisors Act or Investment CompanyAct of 1940.
"Gift" means any gratuity, favor, discount, entertainment, hospitality,loan, forbearance, or other item having monetary value. It includes servicesas well as gifts of transportation, local travel, lodgings and meals, whetherprovided in-kind, by purchase of a ticket, payment in advance orreimbursement after the expense has been incurred. "Gift" shall not includeany offer of a ticket or other admission or pass unless the ticket,admission, or pass is used. "Gift" shall not include honorary degrees andpresents from relatives. For the purpose of this definition, "relative"means the donee's spouse, child, uncle, aunt, niece, or nephew; a person towhom the donee is engaged to be married; the donee's or his spouse's parent,grandparent, grandchild, brother, or sister; or the donee's brother's orsister's spouse.
"Governmental agency" means each component part of the legislative,executive or judicial branches of state and local government, including eachoffice, department, authority, post, commission, committee, and eachinstitution or board created by law to exercise some regulatory or sovereignpower 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 residing inthe same household as the officer or employee, who is a dependent of theofficer or employee or of whom the officer or employee is a dependent.
"Officer" means any person appointed or elected to any governmental oradvisory agency including local school boards, whether or not he receivescompensation or other emolument of office. Unless the context requiresotherwise, "officer" includes members of the judiciary.
"Parent-subsidiary relationship" means a relationship that exists when onecorporation directly or indirectly owns shares possessing more than 50percent of the voting power of another corporation.
"Personal interest" means a financial benefit or liability accruing to anofficer or employee or to a member of his immediate family. Such interestshall exist by reason of (i) ownership in a business if the ownershipinterest exceeds three percent of the total equity of the business; (ii)annual income that exceeds, or may reasonably be anticipated to exceed,$10,000 from ownership in real or personal property or a business; (iii)salary, other compensation, fringe benefits, or benefits from the use ofproperty, or any combination thereof, paid or provided by a business orgovernmental agency that exceeds, or may reasonably be anticipated to exceed,$10,000 annually; (iv) ownership of real or personal property if the interestexceeds $10,000 in value and excluding ownership in a business, income, orsalary, other compensation, fringe benefits or benefits from the use ofproperty; (v) personal liability incurred or assumed on behalf of a businessif 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 ifthe ownership interest will consist of (i) or (iv) above.
"Personal interest in a contract" means a personal interest that an officeror employee has in a contract with a governmental agency, whether due to hisbeing a party to the contract or due to a personal interest in a businessthat is a party to the contract.
"Personal interest in a transaction" means a personal interest of anofficer or employee in any matter considered by his agency. Such personalinterest exists when an officer or employee or a member of his immediatefamily has a personal interest in property or a business or governmentalagency, or represents or provides services to any individual or business andsuch property, business or represented or served individual or business (i)is the subject of the transaction or (ii) may realize a reasonablyforeseeable direct or indirect benefit or detriment as a result of the actionof the agency considering the transaction. Notwithstanding the above, suchpersonal interest in a transaction shall not be deemed to exist where anelected member of a local governing body serves without remuneration as amember of the board of trustees of a not-for-profit entity and such electedmember or member of his immediate family has no personal interest related tothe not-for-profit entity.
"State and local government officers and employees" shall not includemembers of the General Assembly.
"State filer" means those officers and employees required to file adisclosure statement of their personal interests pursuant to subsection A orB of § 2.2-3114.
"Transaction" means any matter considered by any governmental or advisoryagency, whether in a committee, subcommittee, or other entity of that agencyor before the agency itself, on which official action is taken orcontemplated.
(1987, Sp. Sess., c. 1, § 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.)