CHAPTER 511

An Act to amend the Code of Virginia by adding in Title 80 thereof a
chapter numbered 2.1, containing sections numbered $0-28.1 through
80-28.11, to regulate the employment of persons, and the activities of
persons employed by others, in connection with promoting, advocating
or opposing legislation before the General Assembly of Virginia; to
provide penalties for violation of this act; and to repeal §§ 80-20
through 80-28 of the Code of Virginia, relating to the same matters.

[H 536]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 30 a chapter
numbered 2.1, containing sections numbered 30-28.1 through 380-28.11,

as follows:
Chapter 2.1

§ 30-28.1. When used in this i unless the context requires a
different meaning, the following terms shall have the meanings respec-
tively set forth:

(a) “Person” includes an individual, firm, association, corporation,
partnership or business trust; an officer, board, department, institution or
agency of the Commonwealth of Virginia or employee thereof; but not an
officer, board, department, institution or agency of any political subdivi-
a of the State or employee thereof, or a political subdivision of the

te.

(b) “Employer” means any person who has an individual lobbying
for him for compensation or expenses.

(c) “Lobbying” means promoting, advocating or opposing any matter
which may come, or is pending, before either House of the General Assem-
bly or any committee thereof by an individual (i) who is an employee of
a person whether his employment is for the purpose of lobbying or other-
wise, or, (ii) who is employed or retained for such purpose, in whole or
in part, and who, either under (i) or (ii), appears on behalf of, or for,

any other person for such purpose; provided that (i) shall not apply to

appearances before a committee of either House or a joint committee
ereof.

(d) “Lobbyist” means a person who engages in lobbying.

(e) “Promoting”, “advocating” or “opposing”? means any act, speech,
communication or conduct within the Capitol Building on the part of a
lobbyist which influences, or is intended to influence, a member of the
General Assembly to vote or use his influence, for or against any matter
which may come, or is pending, before either House of the General Assem-
bly or any committee thereof while the General Assembly is in session.

(f) “Matter” means any law, bill, resolution, amendment or investi-
gation which is, or may come, under the consideration of either House of
the General Assembly or any committee thereof or member of the General
Assembly.

(zg) “Expenses” includes (i) moneys directly or indirectly paid, or
to be paid, by the lobbyist in connection with lobbying; (ii) all moneys
paid, or to be paid, by the employer of a lobbyist which moneys are used
or are intended to be used to assist such lobbyist in his work and shall,
without excluding moneys expended for other purposes, include moneys
expended to inform any person of the matter upon which the lobbyist is
engaged as such or to have any other person communicate in any manner
with any member of the General Assembly so as to assist the lobbyist in
any matter upon which he may be engaged.

§ 30-28.2. No individual shall engage in lobbying until he registers
with the Secretary of the Commonwealth and secures an identification
card. Such application shall be made on forms provided by that office and
contain the following information:

(a) The full name of the applicant, his residence and business address.

(b) The name, address and principal occupation of each person by
whom the lobbyist is employed or retained. If the applicant is an employee
of some person, the position held with such person shall be stated.

(c) The name and address of the person who will keep the custody
and control of the accounts and records required to be kept by § 30-28.5
and the location of such accounts and records.

(d) (1) To the extent that it has been determined or can practicably
be determined in advance, the money paid or to be paid or the value of any
other consideration given or to be given to the applicant for lobbying,
including expenses, whether or not he is on a periodic retainer; or

2) if the applicant is on a retainer which is his sole payment for
lobbying, the amount of the retainer allocated or allocable to lobbying; or

(3) if the applicant is on a retainer, under which he may receive
additional compensation for lobbying, the amount of additional compensa-
tion, including expenses, he may so receive for such lobbying.

§ 30-28.3. The Secretary of the Commonwealth shall immediately
record in a legislative docket the information filed under § 30-28.2 and
shall furnish current, complete lists thereof to the Clerk of each House
and to each member of the General Assembly once each week during a
regular or special session. The records required to be kept by this chapter
shall be open to inspection during the regular business hours of the Secre-
tary of the Commonwealth.

Whenever any change, modification or addition to his employment as
a lobbyist is made, the lobbyist shall, within one week of such change,
modification or addition, furnish full information regarding the same to
the Secretary of the Commonwealth on forms provided by that office.

§ 30-28.4. (a) Upon the filing of an application in accordance with
§ 30-28.2, the Secretary of the Commonwealth shall issue to the applicant
an identification card, which shall be presented by the lobbyist, if requested,
at any time during a legislative session while the lobbyist is in the Capitol,
whenever he approaches any member of the General Assembly, or appears
before any committee thereof, on a legislative matter.

(b) The Secretary of the Commonwealth shall furnish a copy of this
act to any person offering to register as a lobbyist and shall mail by
certified mail a copy of this act and a copy of the information furnished by
the applicant to the person whom the applicant represents to be his em-
ployer.

(c) If the person to whom the information is sent under paragraph
(b) of this section does not, within ten days of such mailing, file an affi-
davit, signed by the person or duly authorized agent of the person, denying
that the lobbyist appears on his behalf such person shall be deemed to have
appointed the Secretary of the Commonwealth his agent for service of
process in any prosecution arising for violation of this act. If such affidavit
. filed, the Secretary of the Commonwealth shall proceed as set forth in

§ 30-28.5. Within thirty days after the adjournment sine die of a
session of the General Assembly each lobbyist whose name appears in the
legislative docket of the session, shall file with the Secretary of the Com-
monwealth :

(a) A complete and detailed statement, signed by the employer and
sworn to before some officer authorized by law to take acknowledgments
to deeds, showing all expenses, retainers and annual salaries paid or in-
curred in connection with lobbying by the person for whom such lobbyist
is registered.

(b) A complete and detailed statement signed by the lobbyist and
sworn to before some officer authorized by law to take acknowledgments
to deeds, showing: (i) all expenses, retainers and annual salaries received
by the lobbyist in connection with lobbying, and (ii) all expenses, retainers
and annual salaries incurred or paid by the lobbyist in connection with
obbying.

Such statements shall be in the form prescribed by the Secretary of
the Commonwealth and shall be open to public inspection during the regu-
lar business hours of that office.

§ 30-28.6. It shall be unlawful for any person to lobby for compen-
sation which is dependent in any manner upon the passage or defeat of
any proposed legislation or upon any other contingency connected with
the action of the General Assembly, or of either House, or any committee
or member thereof.

§ 30-28.7. Before the Secretary of the Commonwealth issues an
identification card under § 30-28.4, he shall collect five dollars from the
lobbyist as a fee for filing the statement herein required. Each such card
shall become invalid after the adjournment sine die of the session for
which it was issued. All money received as such fees shall be paid into the
State treasury to the credit of the general fund.

§ 30-28.8. (a) No lobbyist shall:

(1) Lobby in violation of the provisions of this chapter.

(2) Make any payment of money or consideration of any kind, or
obligate himself to do so, in connection with lobbying, unless he fully dis-
closes the payment or obligation to the Secretary of the Commonwealth.

(83) Misrepresent in any material respect the information required
to be reported to the Secretary of the Commonwealth.

(b) No employer shall:

(1) Fail to file any statement required to be filed by the provisions
of this chapter.

(2) Misrepresent in any material respect the information required
to be reported to the Secretary of the Commonwealth.

(3) Violate any of the provisions of this chapter.
Any employer or lobbyist violating any provision of this chapter shall
be guilty of a misdemeanor and upon conviction shall be fined not less than
five nor more than five hundred dollars, or be confined in jail not exceeding
twelve months, or both.

§ 30-28.9. The Secretary of the Commonwealth shall institute pro-
ceedings for the prosecution of any employer or lobbyist violating this
chapter. Such prosecution may be had on motion of the Secretary of the
Commonwealth and also upon written complaint of any member of the
General Assembly directed to the Secretary of the Commonwealth, upon a
memorandum from the House or Senate Rules Committee directed to the
Secretary of the Commonwealth, or upon a resolution by any committee
of either House of the General Assembly directed to the Secretary of the
Commonwealth. Upon request of the Secretary of the Commonwealth,
i Attorney General shall assist in the prosecution of all violations of this

pter.

If the violation of any provision of this chapter occurs it shall be
deemed to have occurred in the Capitol Square and jurisdiction shall be
had as provided in § 2-77 of the Code of Virginia.

§ 30-28.10. Nothing in this chapter shall be construed to abridge
any constitutional right.

§ 30-28.11. Nothing in this chapter shall be construed to limit or
in any other manner affect the provisions of § 18.1-283.

2. §§ 30-20 through 30-28 of the Code of Virginia are repealed.