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INSTRUCTIONS: FILING AN INCORPORATED DISCLOSURE
In many instances, more than one lobbyist represents a principal. In
order to save time when filing disclosure statements, an allowable options is for a
"designated" individual to file pre-specified financial information.
PARTS I, II & III
Each lobbyist, whether filing an incorporated statement or not, is responsible for
filing a disclosure statement with complete answers to Part I, items 1-3, Part II, items
1-5. If you are not individually compensated as a lobbyist, you will not answer Part II,
items 6a and 6b. You will complete Part III, items 1 and 2.
The "designated" individual would file the group’s answers to Part I,
items 5 and 6, and any applicable schedules. All other lobbyists representing the
principal would complete Part I, item 4 to indicate the name(s) of the individual(s) that
they are filing an incorporated statement with.
AFFIDAVITS
Each lobbyist must also execute the Statement of Lobbyist and their principal officer
must execute the Statement of Principal.
PENALTIES
Using the incorporated method of filing DOES NOT relieve other lobbyists
representing the principal of their duty to file their disclosure statements in a timely
fashion. If the designated lobbyist does not file on time, each lobbyist incorporated
with the designated lobbyist and their principal will be assessed the prescribed fines.
INSTRUCTIONS: FOR COMPLETION OF PART I
ITEM (1): Enter the name of the organization, firm, corporation, or
other entity for whom your lobbying activities were conducted.
ITEMS (2a, b, c): Enter the name of the principal officer, business address, and
telephone number. The address used should be a permanent address.
ITEM (3): Briefly describe the focus of your lobbying activities. Be as specific as
possible.
ITEM (4): If you wish to file an incorporated report with other lobbyists representing
the same principal, please answer the questions in this section.
ITEM (5): If you will file any of the expenditure attachments, please
indicate.
ITEM (6): EXPENSE TOTALS:
(a) ENTERTAINMENT. Any entertainment paid for or reimbursed by the
principal must be disclosed. The amount disclosed should be the total amount expended
by the principal in furnishing entertainment to a reportable guest. If the cost of
a single event is greater than or equal to $50, Schedule A must be filed with the
lobbyist’s report.
Note: A reportable guest is an executive or legislative official
as defined in § 2.1-779 of the Code of Virginia.
The cost of an entertainment event should be reported in full, even if the guest list
includes persons other than reportable guests. If the focus of your event was for purposes
other than lobbying, you may pro-rate your expenses and report only those attributable to
lobbying activities. If you elect to pro-rate your expenses, you must report the cost of
entertaining all individuals defined as reportable guests, lobbyists registered to
represent the principal, and any other individuals engaged in lobbying activities at the
event.
(b) GIFTS. A gift is defined as anything of value
furnished to a reportable person (executive and legislative officials), his or her spouse
or immediate family, or staff member during the lobbyist’s reportable period. If the
value of any gift is greater than or equal to $25, Schedule B must be filed with the
lobbyists’ report.
(c) OFFICE EXPENSES. Rental and/or acquisition of office space, supplies,
telephone charges, secretarial and research costs, and other operational costs are
expenses that must be reported by the lobbyist.
If a lobbyist uses the same office spaces year-round and conducts non-lobbying
related activities, only additional expenses generated by lobbying related activities are
reportable.
(d) COMMUNICATIONS. All documents, advertisements, letters, displays, signs,
brochures, or other written and oral means of communication which are intended to
influence and/or persuade executive or legislative officials.
(e) PERSONAL LIVING AND TRAVEL EXPENSES. The cost of housing, food, and
transportation necessary to conduct lobbying activities are reportable by the lobbyist.
(f) COMPENSATION OF LOBBYISTS. Compensation is defined as salaries or retainers
paid to a lobbyist for services rendered.
If a lobbyist files an incorporated disclosure statement, the amount disclosed will
include their salary, as well as the salaries of any other individuals filing an
incorporated disclosure with them.
(g) HONORARIA. This is defined as the payment for services on which no fee is
set. Any such payment made to an executive or legislative official by the principal
shall be included on the lobbyists’ expense report.
(h) REGISTRATION COSTS. All lobbyists must disclose their $50 registration fee.
(i ) OTHER. This section is provided for any
lobbying related expenses not covered above.
INSTRUCTIONS: FOR COMPLETION OF PART II
ITEM (1a, b, c): Enter the name, business address, and telephone number of the
lobbyist. The address used should be a permanent address.
ITEM (2): As a lobbyist, are you employed, retained, or not compensated?
EMPLOYED: On the payroll of the principal and compensated directly by the
principal.
RETAINED: Self-employed or employed by an organization other than the principal,
and not on the payroll of the principal.
NOT COMPENSATED: Not paid for lobbying services provided to a principal. The
lobbyist may be reimbursed for expenses incurred.
ITEM (3): Please provide the names of all lobbyists, other than yourself registered to
represent your principal.
ITEM (4): If you disclosed that you are EMPLOYED lobbyist, please answer this
question.
ITEM (5): If you are NOT COMPENSATED as a lobbyist, please indicate why you
received no compensation.
ITEM (6a): Note: If you complete Part II, items 6a and 6b, do not complete
Part III, items 1 and 2.
Lobbyists categorized as EMPLOYED or RETAINED should answer this
question. EMPLOYED lobbyists may have to pro-rate the part of their salaries
attributable to lobbying duties. Please use the instructions for ITEM (6b) as a guideline.
RETAINED lobbyist should report only the amount they were paid for lobbying duties.
ITEM (6b): If you are an EMPLOYED lobbyist and have job responsibilities other
than those involving lobbying, you will need to provide an approximate amount of your
salary that is attributable to your lobbying activities. In words, describe how you
arrived at the figure listed in ITEM (6a).
EXAMPLE: John Doe is employed full-time as Director of the VA Association of
Tree Trimmers. His salary is $55,000 annually. He WOULD NOT report his entire annual
salary as lobbying compensation. For sake of example, let us say that John lobbied
part-time from November 15th until the beginning of session and almost full-time during
the session. He might disclose the following:
I estimate that I spent 40 days lobbying during the reportable period of the General
Assembly session (November 15th through adjournment of session). I divided 40 days I
lobbied into 250 working days in a year for a total of .16. I spent 16% of the year
conducting lobbying activities, therefore 16% of my salary is attributable to these
activities. 16% of $55,000 is $8,800
INSTRUCTIONS: FOR COMPLETION OF PART III
Some lobbyists are not individually compensated for their lobbying
activities on behalf of a principal. This may occur when several members of a law firm
represent a single principal. The principal, in turn, makes a single payment to the firm
in return for lobbying services rendered. Complete Part III, items 1 and 2 if you are not
individually compensated.
Note: If you complete Part II, items 6a and 6b, do not complete Part III,
items 1 and 2.
ITEM (1): Provide the names of all other lobbyists associated with your firm that
provided lobbying services to your principal.
ITEM (2): Please disclose the amount of compensation paid to your firm by the principal
for lobbying activities conducted on their behalf.
INSTRUCTIONS: FOR COMPLETION OF SCHEDULE A
If a principal or lobbyist furnishes reportable entertainment with the
cost of the event being greater than or equal to $50, it is required that the lobbyist
file a detailed statement of costs. If additional forms are necessary, please duplicate
to meet your needs.
Note: For any reportable event with more than 10 reportable guests in attendance,
you will not be required to provide the names of those reportable guests. If there are
less than 10 reportable guests in attendance, you will be required to provide the name of
each reportable guest.
- Food and Beverages: May be reported together.
- Transportation: Cost of furnishing transportation to reportable guests.
- Lodging: Cost of furnishing accommodations for reportable guests as part of the
entertainment being reported.
- Performers, Speakers, etc.: Includes honoraria, costs of acquiring film or slide
presentations, performer’s pay, travel expenses, other program costs, etc.
- Displays: Fixed informational or persuasive displays in any medium made available for
the inspection of guests, however not part of the actual program.
- Rentals: Facilities costs, including public address systems, tables and chairs,
and table furnishings.
- Service Personnel: Bartenders, wait staff, cashiers, other personnel.
Miscellaneous: Any other items the lobbyist wishes to disclose.
INSTRUCTIONS: FOR COMPLETION OF SCHEDULE B
If a principal presents any gift with a fair market value of greater
than or equal to $25 to a reportable person, the lobbyist must execute Schedule B. If
additional forms are necessary, please duplicate to meet your needs.
Date of Gift: The day the gift was given.
Description of Gift: Include enough information to make the gift identifiable.
Recipient of Gift: Provide the name of the reportable person who receive the
gift. You may not categorize (i.e. members of the General Assembly).
Cost of Gift: The actual cost or fair market value of the gift given.
INSTRUCTIONS: FOR COMPLETION OF SCHEDULE C
A lobbyist should itemize additional expenses incurred during their
reportable period that are not covered in Part I, items 6a-6h on the lobbyist’s
disclosure statement. An example of this type of expense would be the rental of a
"bill box" during the General Assembly session.
INSTRUCTIONS: FOR COMPLETION OF STATEMENTS
Both the lobbyist and the principal officer must sign each disclosure
form, attesting to its completeness and accuracy. Only original signatures are
acceptable on the disclosure statement. |
