2024 REGULAR SESSION

Introduced

House Bill 5402

By Delegate Dillon

[Introduced February 01, 2024; Referred to the Committee on the Judiciary]

A BILL to repeal §6B-3-1, §6B-3-2, §6B-3-3, §6B-3-4, §6B-3-5, §6B-3-6, §6B-3-7, §6B-3-8, §6B-3-9, §6B-3-10, and §6B-3-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-2-17, all relating to repealing the lobbyist article and paying someone to lobby or influence any member of the Legislature or receiving money to lobby or influence any member of the Legislature; and felony penalties.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. LOBBYISTS.

§6B-3-1. Definitions.

[Repealed.]

§6B-3-2. Registration of lobbyists.

[Repealed.]

§6B-3-3. Photograph and information-booklet-publication.

[Repealed.]

§6B-3-4. Reporting by lobbyists.

[Repealed.]

§6B-3-5. Grass roots lobbying campaigns.

[Repealed.]

§6B-3-6. Employment of unregistered persons.

[Repealed.]

§6B-3-7. Duties of lobbyists.

[Repealed.]

§6B-3-8. Limitation on persons lobbying in legislative chambers.

[Repealed.]

§6B-3-9. Penalties.

[Repealed.]

§6B-3-10. Provisions may be adopted by local governments; disclosures by state agencies, municipalities, counties, and school districts relating to lobbying activities.

[Repealed.]

§6B-3-11. Compliance audits.

[Repealed.]

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-17.  Paying or receiving money to influence members of the Legislature; felony; penalty.

(a) A person who receives money from any organization or person for purposes of influencing any member of the Legislature is guilty of a felony and, upon conviction thereof, shall be fined not more than five times the amount of the payment received by that person and imprisoned in a state correctional facility not less than one nor more than five years, or both fined and imprisoned.

(2) A person who pays another person for purposes of influencing any member of the Legislature is guilty of a felony and, upon conviction thereof, shall be fined not more than five times the amount of the payment received by that person and imprisoned in a state correctional facility not less than one nor more than five years, or both fined and imprisoned.

NOTE: The purpose of this bill is to create a felony offense for persons who pay or receive money to influence members of the Legislature. It repeals the article that created the lobbyist law.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.