Travel Waiver Requests
To determine if a waiver is required, please read the information below prior to submitting your request. Travel waiver requests that are not necessary will NOT be processed. If you are unsure if a travel waiver is necessary, please email ethics@dls.virginia.gov.
General Information
Subject to the provisions in subsection G of § 2.2-3103.1 and subsection F of § 30-103.1, travel waivers are required by any state or local officer or employee required to file an annual Statement of Economic Interests and members of the General Assembly who accept any travel-related transportation, lodging, hospitality, food or beverage, or other thing of value over $100 from a registered lobbyist or a lobbyist’s principal.
State and local filers must also submit a request for travel for amounts over $100 received from a person, organization, or business who is or is seeking to become a party to a contract with the entity of which the state or local official is an officer or employee or over which the state or local official has authority.
If you are not required to file an annual Statement of Economic Interests, you do not need a travel waiver. The purpose of a travel waiver is to exempt the value of trip from the $108 gift cap. The gift cap applies to individuals required to file an annual Statement of Economic Interests.
Travel requests are not required for travel that is:
- Paid for by an entity that does not fit into the categories in the paragraph above;
- Disclosed pursuant to the Campaign Finance Disclosure Act;
- Provided or paid by the government of the United States, any of its territories, or any state or any political subdivision of such state;
- Provided to facilitate attendance by a legislator at a regular or special session of the General Assembly, a meeting of a legislative committee or commission, or a national conference where attendance is approved by the House or Senate Committee on Rules; or
- Related to an official meeting of the Commonwealth, its political subdivisions, or any board, commission, authority, or other entity, or any charitable organization established pursuant to § 501 (c)(3) of the Internal Revenue Code affiliated with such entity, to which such person has been appointed or elected or is a member by virtue of his office or employment.
Travel Waiver Request Approval Procedures
- Travel requests can be submitted (i) by electronic means through the Council website or facsimile transmission, (ii) in person, or (iii) by United States mail or commercial delivery service. The Council shall receive and review all travel requests.
- Each travel request form shall be date–stamped by a member of the Council’s staff. Forms submitted by means other than electronic transmission will not be stamped until physically received by a Council staff member. The Council shall email confirmation of receipt of travel request forms to all requesters within one business day of receipt.
- If the Council requires additional information to approve or deny a request, the Council will request such information by email. The additional information must be provided to the Council by email transmission or United States mail or commercial delivery service. Assessment of the travel request shall cease until the additional information is received by the Council, unless the delay is deemed imprudent by the Council or Council staff. The Council shall email confirmation of receipt of the additional information within one business day of receipt.
- The Council shall approve any request for travel that bears a reasonable relationship between the purpose of the travel and the official duties of the requester. This includes any meeting, conference, or other event that is:
- Composed primarily of public officials;
- Related to the duties of the requester at which public policy will be discussed in a substantial manner;
- Expected to reasonably educate the requester on issues relevant to his official duties or to enhance his knowledge and skills relative to his official duties; or
- Reasonably related to the requester’s official duties for which the requester has been invited to speak.
The Council shall not approve travel requests that bear no reasonable relationship between the purpose of the proposed travel and the official duties of the requester. In denying a travel request, the Council will consider:
- Duration of travel;
- Destination of the travel;
- Estimation of travel value; and
- Any previous or recurring travel of the requester.
- The Council shall grant or deny all travel requests within five business days of receipt. If the Council requests additional information prior to the expiration of the five business days, the Council shall grant or deny the travel request within five business days of receiving the additional information. If the Council does not grant or deny a travel request or request additional information within these time frames, the request shall be considered approved by the Council.
- Requesters are allowed to amend or resubmit a travel request at any time. Requesters may do so by contacting the Council by telephone or email.
- Approved travel requests that are accepted by the filer must still be disclosed by the applicable disclosure reporting deadline.