Virginia Code 2.2-614.3: Charitable organization; certain government action prohibited.
A government agency shall not require any charitable organization to:
Terms Used In Virginia Code 2.2-614.3
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Contract: A legal written agreement that becomes binding when signed.
- Donor: The person who makes a gift.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Subpoena: A command to a witness to appear and give testimony.
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
1. Disclose individual demographic information concerning employees, officers, directors, trustees, members, or owners, without the prior written consent of such individuals;
2. Disclose individual demographic information concerning any person, or the employees, officers, directors, trustees, members or owners of any entity that has received monetary or in-kind contributions from or contracted with a charitable organization without the prior written consent of such individuals;
3. Include in the membership of the governing board or officers of the charitable organization an individual based on his demographic characteristics;
4. Prohibit an individual from serving as a board member or officer based upon the individual’s familial relationship to other board members or officers or to a donor;
5. Include in the membership of the governing board one or more individuals who do not share a familial relationship with other board members or officers or with the donor; or
6. Distribute its funds to or contract with any individual or entity based upon the demographic characteristics of the employees, officers, directors, trustees, members, or owners of the individual or entity, or based on populations, locations, or communities served by the individual or entity, except as a lawful condition on the expenditure of the funds imposed by the donor.
As used in this section:
“Charitable organization” means any nonstock corporate or other entity that has been granted tax-exempt status under § 509(a) of the Internal Revenue Code.
“Government agency” means any authority, board, department, instrumentality, institution, agency, or other unit of state government and any county, city, or town.
Nothing in this section shall prohibit a government agency from obtaining information from a charitable organization pursuant to a subpoena, civil investigative demand, or other compulsory process. Nothing in this section shall alter or limit the filing requirements applicable to charitable organizations under Chapter 8 of Title 18.2 or Chapter 5 of Title 57.
2011, c. 873.