HB4016 HFA LANE 1-19 #2
Delegate Lane moves to amend the committee substitute on
page 14, following the Article 3 heading by inserting the
following language:
"§6B-3-1. Definitions.
As used in this article, unless the context in which used
clearly indicates otherwise:
(1) "Compensation" means money or any other thing of value
received or to be received by a lobbyist from an employer for
services rendered.
(2) "Contingent compensation" means money or any other
thing of value received or to be received by a lobbyist from an
employer for successful lobbying activity.
(2) (3) "Employer" or "lobbyist's employer" means any person
who employs or retains a lobbyist.
(3) (4) "Expenditure" means payment, distribution, loan,
advance deposit, reimbursement, or gift of money, real or
personal property or any other thing of value; or a contract,
promise or agreement, whether or not legally enforceable.
(4) (5) "Government officer or employee" means a member of
the Legislature, a legislative employee, the Governor and other
members of the board of Public Works, heads of executive
departments and any other public officer or public employee under
the legislative or executive branch of state government who is
empowered or authorized to make policy and perform nonministerial functions. In the case of elected offices included herein, the
term "government officer or employee" includes candidates who
have been elected but who have not yet assumed office.
(5) (6) "Legislation" means bills, resolutions, motions,
amendments, nominations and other matters pending or proposed in
either house of the Legislature and includes any other matters
that may be the subject of action by either house or any
committee of the Legislature and all bills or resolutions that,
having passed both houses, are pending approval or veto by the
Governor.
(6) (7) "Lobbying" or "lobbying activity" means the act of
communicating with a government officer or employee to promote,
advocate or oppose or otherwise attempt to influence:
(i) The passage or defeat or the executive approval or veto
of any legislation which may be considered by the Legislature of
this state; or
(ii) The adoption or rejection of any rule, regulation,
legislative rule, standard, rate, fee or other delegated
legislative or quasi-legislative action to be taken or withheld
by any executive department.
(7) (8) "Lobbying firm" means any business entity, including
an individual contract lobbyist, which meets either of the
following criteria:
(A) The business entity receives or becomes entitled to
receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of lobbying on behalf of any
other person, and any partner, owner, officer or employee of the
business entity.
(B) The business entity receives or becomes entitled to
receive any compensation, other than reimbursement for reasonable
travel expenses, to communicate directly with any elected state
official, agency official or legislative official for the purpose
of lobbying on behalf of any other person.
(8) (9)(A) "Lobbyist" means any individual employed by a
lobbying firm or who is otherwise employed or contracts for
economic consideration, other than reimbursement for reasonable
travel expenses, to communicate directly or through his or her
agents with any elective state official, agency official or
legislative official for the purpose of promoting, advocating,
opposing or otherwise attempting to influence:
(i) The passage or defeat or the executive approval or veto
of any legislation which may be considered by the Legislature of
this state; or
(ii) The adoption or rejection of any rule, legislative
rule, standard, rate, fee or other delegated legislative or
quasi-legislative action to be taken or withheld by any executive
department.
(B) The term "lobbyist" does not include the following
persons, who are exempt from the registration and reporting
requirements set forth in this article, unless they engage in activities which would otherwise subject them to the registration
and reporting requirements:
(i) Persons who limit their lobbying activities to appearing
before public sessions of committees of the Legislature, or
public hearings of state agencies, are exempt.
(ii) Persons who limit their lobbying activities to
attending receptions, dinners, parties or other group functions
and make no expenditure in connection with such lobbying are
exempt.
(iii) Persons who engage in news or feature reporting
activities and editorial comment as working members of the press,
radio or television and persons who publish or disseminate such
news, features or editorial comment through a newspaper, book,
regularly published periodical, radio station or television
station are exempt.
(iv) Persons who lobby without compensation or other
consideration, other than reimbursement for reasonable travel
expenses, for acting as lobbyists, who are not employed by a
lobbying firm or lobbyist employer, and whose total expenditures
in connection with lobbying activities do not exceed $150 during
any calendar year, are exempt. The exemptions contained in this
subparagraph and in subparagraph (ii) are intended to permit and
encourage citizens of this state to exercise their Constitutional
rights to assemble in a peaceable manner, consult for the common
good, instruct their representatives, and apply for a redress of grievances. Accordingly, such persons may lobby without
incurring any registration or reporting obligation under this
article. Any person exempt under this subparagraph or
subparagraph (ii) may at his or her option register and report
under this article.
(v) Persons who lobby on behalf of a nonprofit organization
with regard to legislation, without compensation, and who
restrict their lobbying activities to no more than twenty days or
parts thereof during any regular session of the Legislature, are
exempt. The commission may promulgate a legislative rule to
require registration and reporting by persons who would otherwise
be exempt under this subparagraph, if it determines that such
rule is necessary to prevent frustration of the purposes of this
article. Any person exempt under this subparagraph may, at his
or her option, register and report under this article.
(vi) The Governor, members of the Governor's staff, members
of the board of Public Works, officers and employees of the
executive branch who communicate with a member of the Legislature
on the request of that member, or who communicate with the
Legislature, through the proper official channels, requests for
legislative action or appropriations which are deemed necessary
for the efficient conduct of the public business or which are
made in the proper performance of their official duties, are
exempt.
(vii) Members of the Legislature are exempt.
(viii) Persons employed by the Legislature for the purpose
of aiding in the preparation or enactment of legislation or the
performance of legislative duties are exempt.
(ix) Persons rendering professional services in drafting
proposed legislation or in advising or rendering opinions to
clients as to the construction and effect of proposed or pending
legislation are exempt.
(9) (10) "Person" means any individual, partnership, trust,
estate, business trust, association or corporation; any
department, commission, board, publicly supported college or
university, division, institution, bureau or any other
instrumentality of the state; or any county, municipal
corporation, school district or any other political subdivision
of the state."
And on page 17, following line 63, by inserting the following:
"
§6B-3-4. Reporting by lobbyists.
(a) A registered lobbyist shall file with the commission
reports of his or her lobbying activities and compensation,
signed by the lobbyist. The reports shall be filed three times a
year as follows:
(1) On or before May 15, a lobbyist shall report all
lobbying activities in which he or she engaged from January 1
through April 30. The report shall include all compensation,
including contingent compensation, paid to the lobbyist for all
lobbying activities engaged in during this period. The report shall be published on the West Virginia Secretary of State web
site.
(2) On or before September 15, a lobbyist shall report all
lobbying activities in which he or she engaged from May 1 through
August 31. The report shall include all compensation, including
contingent compensation, paid to the lobbyist for all lobbying
activities engaged in during this period. The report shall be
published on the West Virginia Secretary of State web site.
(3) On or before January 15, a lobbyist shall report all
lobbying activities in which he or she engaged from September 1
through December 31. The report shall include compensation,
including contingent compensation, paid to the lobbyist for all
lobbying activities engaged in during this period. The report
shall be published on the West Virginia Secretary of State web
site.
(b) If the date on which a lobbyist expenditure report is
due falls on a Saturday, Sunday or legal holiday, the report will
be considered timely filed if it is postmarked not later than the
next business day. If a registered lobbyist files a late report,
the lobbyist shall pay the commission a fee of $10 for each late
day, not to exceed a total of $250. If a registered lobbyist
fails to file a report or to pay the required fee for filing an
untimely report, the commission may, after written notice sent by
certified mail, return receipt requested, suspend the lobbyist's
privileges as a registered lobbyist until the lobbyist has satisfactorily complied with all reporting requirements and paid
the required fee.
(c)(1) Except as otherwise provided in this section, each
report filed by a lobbyist shall show the total amount of all
expenditures for lobbying activities made or incurred by on
behalf of the lobbyist 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 a public official or employee; 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 the lobbyist's own living
accommodations;
(C) Any expenses incurred for the lobbyist's own travel to
and from public meetings or hearings of the legislative and
executive branches; or
(D) Any expenses incurred for telephone and any office
expenses, including rent and salaries and wages paid for staff
and secretarial assistance.
(d) If a lobbyist is employed by more than one employer, the
report shall show the proportionate amount of the expenditures in each category incurred on behalf of each of his or her employers.
(e) The report shall describe the subject matter of the
lobbying activities in which the lobbyist has been engaged during
the reporting period.
(f) If, during the period covered by the report, the
lobbyist made expenditures or expenditures were made or incurred
on behalf of the lobbyist in the reporting categories of meals
and beverages, living accommodations, travel, gifts or other
expenditures, other than for those expenditures governed by
subsection (g) of this section, 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: Provided, That a registered lobbyist who entertains more
than one public official or public employee at a time with meals
and beverages complies with the provisions of this section if he
or she reports the names of the public officials or public
employees entertained and the total amount expended for meals and
beverages for all of the public officials or public employees
entertained: Provided, however, That where several lobbyists
join in entertaining one or more public officials or public
employees at a time with meals and beverages, each lobbyist
complies with the provisions of this section by reporting the
names of the public officials or public employees entertained and
his or her proportionate share of the total amount expended for meals and beverages for all of the public officials or public
employees entertained. Under this subsection, no portion of the
amount of an expenditure for a dinner, party or other function
sponsored by a lobbyist's employer need be attributed to a
particular public official or employee who attends the 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 the function shall be added to other
expenditures for the purpose of determining the total amount of
expenditures reported under subdivision (1), subsection (c) of
this section: Provided further, That if the expenditure is for a
function to which the entire membership of the Legislature has
been invited, the lobbyist need only report that fact, the total
amount of the expenditure and the subject matter of the lobbying
activity.
(g) 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
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 a 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."
And by amending the enacting section to read as follows:
"That §6B-2-6 and §6B-2-7 of the Code of West Virginia,
1931, as amended, be amended and reenacted, and that §6B-3-1,
§6B-3-2 and that §6B-3-4 be amended and reenacted, all to read as
follows:"
Adopted
Rejected