Penalties; filing of substituted statement (§ 2.2-431)—Virginia Decoded

Penalties; filing of substituted statement

A. Every lobbyist failing to file the statement prescribed by § 2.2-426 within the time prescribed therein shall be assessed a civil penalty of $ 50, and every individual failing to file the statement within 10 days after the time prescribed herein shall be assessed an additional civil penalty of $ 50 per day from the eleventh day of such default until the statement is filed. The Council shall notify the Secretary of any lobbyist’s failure to file the statement within the time prescribed, and the penalties shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request.

B. Every lobbyist’s principal whose lobbyist fails to file the statement prescribed by § 2.2-426 shall be assessed a civil penalty of $ 50, and shall be assessed an additional civil penalty of $ 50 per day from the eleventh day of such default until the statement is filed. The Council shall notify the Secretary of any lobbyist’s failure to file the statement within the time prescribed, and the penalties shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request.

C. No individual who has failed to file the statement required by § 2.2-426 or who has failed to pay all penalties assessed pursuant to this section, shall register or act as a lobbyist as long as he remains in default.

D. Whenever any lobbyist is or will be in default under § 2.2-426, and the reasons for such default are or will be beyond his control, or the control of his principal, or both, the Secretary may suspend the assessment of any penalty otherwise assessable and accept a substituted statement, upon the submission of sworn proofs that shall satisfy him that the default has been beyond the control of the lobbyist or his principal, and that the substituted statement contains the most accurate and complete information available after the exercise of due diligence.

E. Penalties collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund and shall be used exclusively to fund the Council.

History

1994, cc. 857, 937, § 2.1-790; 2001, c. 844; 2015, cc. 763, 777.

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Amendment Attempts

HB524: Lobbyist's disclosure statement; Secretary of Commonwealth to redesign form. (failed)

SB507: Lobbyist's disclosure statement; Secretary of Commonwealth to redesign form. (failed)

HB524: Lobbyist's disclosure statement; Secretary of Commonwealth to redesign form. (failed)

SB507: Lobbyist's disclosure statement; Secretary of Commonwealth to redesign form. (failed)

SB852: Lobbyists; annual statement of expenditures, penalty for failure to file. (failed)

SB20: Lobbyist's Disclosure Statement; redesigns to clarify information requested and increase compliance.

HB1947: Virginia Independent Ethics Review Commission; established.

SB1289: State and Local Government Conflict of Interests Act, General Assembly Conflicts of Interests Act.

SB1345: State and Local Government Conflict of Interests Act & General Assembly Conflicts of Interests Act. (failed)

SB1424: Conflicts of Interests Act, State & Local Gov't & General Assembly, etc.; ethics reforms. (passed)

HB1854: Conflicts of Interests Acts, State & Local Government & General Assembly, lobbyist; filing. (passed)

SB1312: Conflicts of Interests Acts, State & Local Government & General Assembly, lobbyist; filing. (passed)