Senate Bill No. 256

(By Senator Grubb)

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[Introduced January 30, 1996; referred to the

Committee on the Judiciary.]

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A BILL to amend and reenact section four, article three, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reporting requirements for the salary, compensation and other forms of remuneration of lobbyists.

Be it enacted by the Legislature of West Virginia:
That section four, article three, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES;

ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.ARTICLE 3. Lobbyists.

§6B-3-4. Reporting by lobbyists.

(a) A lobbyist shall file with the commission reports of his lobbying activities, signed under oath or affirmation by the lobbyist. Lobbyists who are required under this article to file copies of their registration statements with the clerks of the respective houses of the Legislature shall also contemporaneously file copies of all reports required under this section with the clerks. Such reports shall be filed as follows:
(1) On or before the second Monday in January of each year, a lobbyist shall file an annual report of all lobbying activities which he or she engaged in during the preceding calendar year; and
(2) If a lobbyist engages in lobbying with respect to legislation, then:
(A) Between the fortieth and forty-fifth days of any regular session of the Legislature in which any such lobbying occurred, the lobbyist shall file a report describing all of his or her lobbying activities which occurred since the beginning of the calendar year; and
(B) Within twenty-one days after the adjournment
sine die of any regular or extraordinary session of the Legislature in which any such lobbying occurred, the lobbyist shall file a report describing all of his or her lobbying activities which occurred since the beginning of the calendar year or since the filing of the last report required by this section, whichever is later.
(b)(1) Except as otherwise provided in this section, each report filed by a lobbyist shall show the total amount of all salary, compensation and other forms of remuneration received or paid for lobbying or lobbying-related services and the total amount of all expenditures for lobbying made or incurred by such lobbyist, or on behalf of such lobbyist by the lobbyist's employer, during the period covered by the report. The report shall also show subtotals segregated according to financial category, including meals and beverages; living accommodations; advertising; travel; contributions; gifts to public officials or employees or to members of the immediate family of such persons; and other expenses or services.
(2) Lobbyists are not required to report the following:
(A) Unreimbursed personal living and travel expenses not incurred directly for lobbying;
(B) Any expenses incurred for his or her own living accommodations;
(C) Any expenses incurred for his or her own travel to and from public meetings or hearings of the legislative and executive branches;
(D) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance; and
(E) Separate expenditures to or on behalf of a public official or employee in an amount of less than five dollars.
(c) If a lobbyist is employed by more than one employer, the report shall show the proportionate amount of such expenditures in each category incurred on behalf of each of his employers.
(d) The report shall describe the subject matter of the lobbying activities in which the lobbyist has been engaged during the reporting period.
(e) If, during the period covered by the report, the lobbyist made expenditures in the reporting categories of meals and beverages, living accommodations, travel, gifts or other expenditures, other than for those expenditures governed by subsection (f) of this section, which expenditures in any such reporting category total more than twenty-five dollars to or on behalf of any particular public official or employee, the lobbyist shall report the name of the public official or employee to whom or on whose behalf the expenditures were made, the total amount of the expenditures, and the subject matter of the lobbying activity, if any. Under this subsection (e), no portion of the amount of an expenditure for a dinner, party, or other function sponsored by a lobbyist or a lobbyist's employer need be attributed to or counted toward the reporting amount of twenty-five dollars for a particular public official or employee who attends such function if the sponsor has invited to the function all the members of (1) the Legislature, (2) either house of the Legislature, (3) a standing or select committee of either house, or (4) a joint committee of the two houses of the Legislature. However, the amount spent for such function shall be added to other expenditures for the purpose of determining the total amount of expenditures reported under subsection (b) of this section.
(f) If, during the period covered by the report, the lobbyist made expenditures in the reporting categories of meals and beverages, lodging, travel, gifts and scheduled entertainment, which reporting expenditures in any such reporting category total more than twenty-five dollars for or on behalf of a particular public official or public employee in return for the participation of the public official or employee in a panel or speaking engagement at the meeting, the lobbyist shall report the name of the public official or employee to whom or on whose behalf the expenditures were made and the total amount of the expenditures.



NOTE: The purpose of this bill is to require lobbyists to report all salary, compensation and other forms of remuneration for lobbying and lobbying-related services.

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