2006 Code of Virginia § 30-101 - Definitions

30-101. Definitions.

As used in this chapter, unless the context requires a different meaning:

"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.

"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 which involves thepayment of money appropriated by the General Assembly or a politicalsubdivision, whether or not such agreement is executed in the name of theCommonwealth of Virginia, or some political subdivision thereof. "Contract"includes a subcontract only when the contract of which it is a part is withthe legislator's own governmental agency.

"Financial institution" 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 companyor advisor registered under the federal Investment Advisors Act or InvestmentCompany Act 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.

"Immediate family" means (i) a spouse and (ii) any other person residing inthe same household as the legislator, who is a dependent of the legislator orof whom the legislator is a dependent. "Dependent" means a son, daughter,father, mother, brother, sister or other person, whether or not related byblood or marriage, if such person receives from the legislator, or providesto the legislator, more than one-half of his financial support.

"Legislator" means a member of the General Assembly.

"Personal interest" means a financial benefit or liability accruing to alegislator or to a member of his immediate family. Such interest shall existby reason of (i) ownership in a business if the ownership interest exceedsthree percent of the total equity of the business; (ii) annual income thatexceeds, or may reasonably be anticipated to exceed, $10,000 from ownershipin real or personal property or a business; (iii) salary, other compensation,fringe benefits, or benefits from the use of property, or any combinationthereof, paid or provided by a business that exceeds, or may reasonably beanticipated to exceed, $10,000 annually; (iv) ownership of real or personalproperty if the interest exceeds $10,000 in value and excluding ownership ina business, income, or salary, other compensation, fringe benefits orbenefits from the use of property; or (v) personal liability incurred orassumed on behalf of a business if the liability exceeds three percent of theasset value of the business.

"Personal interest in a contract" means a personal interest which alegislator 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 businesswhich is a party to the contract.

"Personal interest in a transaction" means a personal interest of alegislator in any matter considered by the General Assembly. Such personalinterest exists when an officer or employee or a member of his immediatefamily has a personal interest in property or a business, or represents anyindividual or business and such property, business or represented individualor business (i) is the subject of the transaction or (ii) may realize areasonably foreseeable direct or indirect benefit or detriment as a result ofthe action of the agency considering the transaction. A "personal interestin a transaction" exists only if the legislator or member of his immediatefamily or an individual or business represented by the legislator is affectedin a way that is substantially different from the general public or frompersons comprising a profession, occupation, trade, business or othercomparable and generally recognizable class or group of which he or theindividual or business he represents is a member.

"Transaction" means any matter considered by the General Assembly, whetherin a committee, subcommittee, or other entity of the General Assembly orbefore the General Assembly itself, on which official action is taken orcontemplated.

(1987, Sp. Sess., c. 1, 2.1-639.31; 1994, c. 724; 1996, c. 77; 2001, c.844.)