Introduced Version
House Bill 2748 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2748
(By Delegates Ellem, Lane, Armstead and Anderson)
[Introduced February 27, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §6B-3-4 of the Code of West Virginia,
1931, as amended, relating to requiring the reporting and
publication of all compensation, including the source of that
compensation, paid to lobbyists for all lobbying activities.
Be it enacted by the Legislature of West Virginia:
That §6B-3-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. LOBBYISTS.
§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 the
source of that 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
the source of that 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 the source of that 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.
NOTE: The purpose of this bill is to require the reporting and
publication of all compensation, including the source of that
compensation, paid to lobbyists for all lobbying activities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.