2.2-419 - Definitions.
§ 2.2-419. Definitions.
As used in this article, unless the context requires a different meaning:
"Anything of value" means:
1. A pecuniary item, including money, or a bank bill or note;
2. A promissory note, bill of exchange, order, draft, warrant, check, or bondgiven for the payment of money;
3. A contract, agreement, promise, or other obligation for an advance,conveyance, forgiveness of indebtedness, deposit, distribution, loan,payment, gift, pledge, or transfer of money;
4. A stock, bond, note, or other investment interest in an entity;
5. A receipt given for the payment of money or other property;
6. A right in action;
7. A gift, tangible good, chattel, or an interest in a gift, tangible good,or chattel;
8. A loan or forgiveness of indebtedness;
9. A work of art, antique, or collectible;
10. An automobile or other means of personal transportation;
11. Real property or an interest in real property, including title to realty,a fee simple or partial interest, present or future, contingent or vestedwithin realty, a leasehold interest, or other beneficial interest in realty;
12. An honorarium or compensation for services;
13. A rebate or discount in the price of anything of value unless the rebateor discount is made in the ordinary course of business to a member of thepublic without regard to that person's status as an executive or legislativeofficial, or the sale or trade of something for reasonable compensation thatwould ordinarily not be available to a member of the public;
14. A promise or offer of employment; or
15. Any other thing of value that is pecuniary or compensatory in value to aperson.
"Anything of value" does not mean a campaign contribution properly receivedand reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.
"Compensation" means:
1. An advance, conveyance, forgiveness of indebtedness, deposit,distribution, loan, payment, gift, pledge, or transfer of money or anythingof value; or
2. A contract, agreement, promise or other obligation for an advance,conveyance, forgiveness of indebtedness, deposit, distribution, loan,payment, gift, pledge, or transfer of money or anything of value, forservices rendered or to be rendered.
"Compensation" does not mean reimbursement of expenses if the reimbursementdoes not exceed the amount actually expended for the expenses and it issubstantiated by an itemization of expenses.
"Executive action" means the proposal, drafting, development,consideration, amendment, adoption, approval, promulgation, issuance,modification, rejection, or postponement by an executive agency or officialof legislation or executive orders issued by the Governor.
"Executive agency" means an agency, board, commission, or other body in theexecutive branch of state government. "Executive agency" includes the StateCorporation Commission, the Virginia Department of Workers' Compensation, andthe State Lottery Department.
"Executive official" means:
1. The Governor;
2. The Lieutenant Governor;
3. The Attorney General;
4. Any officer or employee of the office of the Governor or LieutenantGovernor other than a clerical or secretarial employee;
5. The Governor's Secretaries, the Deputy Secretaries, and the chiefexecutive officer of each executive agency; or
6. Members of supervisory and policy boards, commissions and councils, asdefined in § 2.2-2100, however selected.
"Expenditure" means:
1. A purchase, payment, distribution, loan, forgiveness of a loan or paymentof a loan by a third party, advance, deposit, transfer of funds, a promise tomake a payment, or a gift of money or anything of value for any purpose;
2. A payment to a lobbyist for salary, fee, reimbursement for expenses, orother purpose by a person employing, retaining, or contracting for theservices of the lobbyist separately or jointly with other persons;
3. A payment in support of or assistance to a lobbyist or the lobbyist'sactivities, including the direct payment of expenses incurred at the requestor suggestion of the lobbyist;
4. A payment that directly benefits an executive or legislative official or amember of the official's immediate family;
5. A payment, including compensation, payment, or reimbursement for theservices, time, or expenses of an employee for or in connection with directcommunication with an executive or legislative official;
6. A payment for or in connection with soliciting or urging other persons toenter into direct communication with an executive or legislative official; or
7. A payment or reimbursement for categories of expenditures required to bereported pursuant to this chapter.
"Expenditure" does not mean a campaign contribution properly received andreported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.
"Fair market value" means the price that a good or service would bringbetween a willing seller and a willing buyer in the open market afternegotiations. If the fair market value cannot be determined, the actual pricepaid for the good or service shall be given consideration.
"Gift" means anything of value to the extent that a consideration of equalor greater value is not received.
"Gift" does not mean:
1. Printed informational or promotional material;
2. A gift that is not used and, no later than sixty days after receipt, isreturned to the donor or delivered to a charitable organization and is notclaimed as a charitable contribution for federal income tax purposes;
3. A gift, devise, or inheritance from an individual's spouse, child, parent,grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law,nephew, niece, aunt, uncle, or first cousin or the spouse of that individual,if the donor is not acting as the agent or intermediary for someone otherthan a person covered by this subdivision; or
4. A gift of a value of $25 or less.
"Immediate family" means (i) the spouse and (ii) any other person whoresides in the same household as the executive or legislative official and isthe dependent of the official.
"Legislative action" means:
1. Preparation, research, drafting, introduction, consideration,modification, amendment, approval, passage, enactment, tabling, postponement,defeat, or rejection of a bill, resolution, amendment, motion, report,nomination, appointment, or other matter by the General Assembly or alegislative official;
2. Action by the Governor in approving, vetoing, or recommending amendmentsfor a bill passed by the General Assembly; or
3. Action by the General Assembly in overriding or sustaining a veto by theGovernor, considering amendments recommended by the Governor, or considering,confirming, or rejecting an appointment of the Governor.
"Legislative official" means:
1. A member or member-elect of the General Assembly;
2. A member of a committee, subcommittee, commission, or other entityestablished by and responsible to the General Assembly or either house of theGeneral Assembly; or
3. Persons employed by the General Assembly or an entity established by andresponsible to the General Assembly.
"Lobbying" means:
1. Influencing or attempting to influence executive or legislative actionthrough oral or written communication with an executive or legislativeofficial; or
2. Solicitation of others to influence an executive or legislative official.
"Lobbying" does not mean:
1. Requests for appointments, information on the status of pending executiveand legislative actions, or other ministerial contacts if there is no attemptto influence executive or legislative actions;
2. Responses to published notices soliciting public comment submitted to thepublic official designated in the notice to receive the responses;
3. The solicitation of an association by its members to influence legislativeor executive action; or
4. Communications between an association and its members and communicationsbetween a principal and its lobbyists.
"Lobbyist" means:
1. An individual who is employed and receives payments, or who contracts foreconomic consideration, including reimbursement for reasonable travel andliving expenses, for the purpose of lobbying;
2. An individual who represents an organization, association, or other groupfor the purpose of lobbying; or
3. A local government employee who lobbies.
"Lobbyist's principal" or "principal" means the entity on whose behalfthe lobbyist influences or attempts to influence executive or legislativeaction. An organization whose employees conduct lobbying activities on itsbehalf is both a principal and an employer of the lobbyists. In the case of acoalition or association that employs or retains others to conduct lobbyingactivities on behalf of its membership, the principal is the coalition orassociation and not its individual members.
"Local government" means:
1. Any county, city, town, or other local or regional political subdivision;
2. Any school division;
3. Any organization or entity that exercises governmental powers that isestablished pursuant to an interstate compact; or
4. Any organization composed of members representing entities listed insubdivisions 1, 2, or 3 of this definition.
"Local government employee" means a public employee of a local government.
"Person" means an individual, proprietorship, firm, partnership, jointventure, joint stock company, syndicate, business trust, estate, company,corporation, association, club, committee, organization, or group of personsacting in concert.
"Value" means the actual cost or fair market value of an item or items,whichever is greater. If the fair market value cannot be determined, theactual amount paid for the item or items shall be given consideration.
(1994, cc. 857, 937, § 2.1-780; 2001, c. 844; 2006, cc. 787, 843, 892.)