WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for House Bill 5043
By Delegates Ridenour, Martin, C. Pritt, Kirby, Steele,
Householder, Mallow, Marple, Burkhammer, Phillips,
and Hillenbrand [Originating in the Committee on the Judiciary;
Reported on February 20, 2024]
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1 A BILL to amend §6B-3-1, §6B-3-2, §6B-3-4, §6B-3-6, and §6B-3-7 of the Code of West Virginia,
2 1931, as amended, and by adding thereto a new article, designated §6B-3A-1, §6B-3A-2,
3 §6B-3A-3, §6B-3A-4, §6B-3A-5, §6B-3A-6, §6B-3A-7, §6B-3A-8, §6B-3A-9, §6B-3A-10,
4 and §6B-3A-11, all relating to the requirements, prohibitions, and regulation of foreign
5 principals or agents of foreign principals, lobbying by or on behalf of such foreign principals
6 or their agents; providing definitions; amending provisions relating to the registration and
7 reporting duties of lobbyists; amending provisions relating to the employment of
8 unregistered lobbyists and the duties of lobbyists; establishing criminal liabilities and fines
9 for violations of the requirements applicable to such foreign principals or their agents.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. LOBBYISTS.
§6B-3-1. Definitions.
1 As used in this article, unless the context in which used clearly indicates otherwise:
2 (1) "Agent of a Foreign Principal" and "foreign principal" shall mean the same as those
3 terms are defined in §6B-3A-1 of this code.
4 (1)(2) "Compensation" means money or any other thing of value received or to be received
5 by a lobbyist from an employer for services rendered.
6 (2)(3) "Employer" or "lobbyist's employer" means any person who employs or retains a
7 lobbyist.
8 (3)(4) "Expenditure" means payment, distribution, loan, advance deposit, reimbursement,
9 or gift of money, real or personal property or any other thing of value; or a contract, promise or
10 agreement, whether or not legally enforceable.
11 (4)(5) "Government officer or employee" means a member of the Legislature, a legislative
12 employee, the Governor and other members of the board of Public Works, heads of executive
13 departments and any other public officer or public employee under the legislative or executive
14 branch of state government who is empowered or authorized to make policy and perform
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15 nonministerial functions. In the case of elected offices included herein, the term "government
16 officer or employee" includes candidates who have been elected but who have not yet assumed
17 office.
18 (5)(6) "Legislation" means bills, resolutions, motions, amendments, nominations and other
19 matters pending or proposed in either house of the Legislature and includes any other matters that
20 may be the subject of action by either house or any committee of the Legislature and all bills or
21 resolutions that, having passed both houses, are pending approval or veto by the Governor.
22 (6)(7) "Lobbying" or "lobbying activity" means the act of communicating with a government
23 officer or employee to promote, advocate or oppose or otherwise attempt to influence:
24 (i) The passage or defeat or the executive approval or veto of any legislation which may be
25 considered by the Legislature of this state; or
26 (ii) The adoption or rejection of any rule, regulation, legislative rule, standard, rate, fee or
27 other delegated legislative or quasilegislative action to be taken or withheld by any executive
28 department.
29 (7)(8) "Lobbying firm" means any business entity, including an individual contract lobbyist,
30 which meets either of the following criteria:
31 (A) The business entity receives or becomes entitled to receive any compensation, other
32 than reimbursement for reasonable travel expenses, for the purpose of lobbying on behalf of any
33 other person, and any partner, owner, officer or employee of the business entity.
34 (B) The business entity receives or becomes entitled to receive any compensation, other
35 than reimbursement for reasonable travel expenses, to communicate directly with any elected
36 state official, agency official or legislative official for the purpose of lobbying on behalf of any other
37 person.
38 (8)(9)(A) "Lobbyist" means any individual employed by a lobbying firm or who is otherwise
39 employed or contracts for economic consideration, other than reimbursement for reasonable
40 travel expenses, to communicate directly or through his or her agents with any elective state
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41 official, agency official or legislative official for the purpose of promoting, advocating, opposing or
42 otherwise attempting to influence:
43 (i) The passage or defeat or the executive approval or veto of any legislation which may be
44 considered by the Legislature of this state; or
45 (ii) The adoption or rejection of any rule, legislative rule, standard, rate, fee or other
46 delegated legislative or quasilegislative action to be taken or withheld by any executive
47 department.
48 (B) The term "lobbyist" does not include the following persons, who are exempt from the
49 registration and reporting requirements set forth in this article, unless they engage in activities
50 which would otherwise subject them to the registration and reporting requirements:
51 (i) Persons who limit their lobbying activities to appearing before public sessions of
52 committees of the Legislature, or public hearings of state agencies, are exempt.
53 (ii) Persons who limit their lobbying activities to attending receptions, dinners, parties or
54 other group functions and make no expenditure in connection with such lobbying are exempt.
55 (iii) Persons who engage in news or feature reporting activities and editorial comment as
56 working members of the press, radio or television and persons who publish or disseminate such
57 news, features or editorial comment through a newspaper, book, regularly published periodical,
58 radio station or television station are exempt.
59 (iv) Persons who lobby without compensation or other consideration, other than
60 reimbursement for reasonable travel expenses, for acting as lobbyists, who are not employed by a
61 lobbying firm or lobbyist employer, and whose total expenditures in connection with lobbying
62 activities do not exceed $150 during any calendar year, are exempt. The exemptions contained in
63 this subparagraph and in subparagraph (ii) are intended to permit and encourage citizens of this
64 state to exercise their Constitutional rights to assemble in a peaceable manner, consult for the
65 common good, instruct their representatives, and apply for a redress of grievances. Accordingly,
66 such persons may lobby without incurring any registration or reporting obligation under this article.
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67 Any person exempt under this subparagraph or subparagraph (ii) may at his or her option register
68 and report under this article.
69 (v) Persons who lobby on behalf of a nonprofit organization with regard to legislation,
70 without compensation, and who restrict their lobbying activities to no more than twenty days or
71 parts thereof during any regular session of the Legislature, are exempt. The commission may
72 promulgate a legislative rule to require registration and reporting by persons who would otherwise
73 be exempt under this subparagraph, if it determines that such rule is necessary to prevent
74 frustration of the purposes of this article. Any person exempt under this subparagraph may, at his
75 or her option, register and report under this article.
76 (vi) The Governor, members of the Governor's staff, members of the board of Public
77 Works, officers and employees of the executive branch who communicate with a member of the
78 Legislature on the request of that member, or who communicate with the Legislature, through the
79 proper official channels, requests for legislative action or appropriations which are deemed
80 necessary for the efficient conduct of the public business or which are made in the proper
81 performance of their official duties, are exempt.
82 (vii) Members of the Legislature are exempt.
83 (viii) Persons employed by the Legislature for the purpose of aiding in the preparation or
84 enactment of legislation or the performance of legislative duties are exempt.
85 (ix) Persons rendering professional services in drafting proposed legislation or in advising
86 or rendering opinions to clients as to the construction and effect of proposed or pending legislation
87 are exempt.
88 (9)(10) "Person" means any individual, partnership, trust, estate, business trust,
89 association or corporation; any department, commission, board, publicly supported college or
90 university, division, institution, bureau or any other instrumentality of the state; or any county,
91 municipal corporation, school district or any other political subdivision of the state.
§6B-3-2. Registration of lobbyists.
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1 (a) Before engaging in any lobbying activity, or within thirty days after being employed as a
2 lobbyist, whichever occurs first, a lobbyist shall register with the Ethics Commission by filing a
3 lobbyist registration statement. The registration statement shall contain information and be in a
4 form prescribed by the Ethics Commission by legislative rule, including, but not limited to, the
5 following information:
6 (1) The registrant's name, business address, telephone numbers and any temporary
7 residential and business addresses and telephone numbers used or to be used by the registrant
8 while lobbying during a legislative session;
9 (2) The name, address and occupation or business of the registrant's employer;
10 (3) A statement as to whether the registrant is employed or retained by his or her employer
11 solely as a lobbyist or is a regular employee performing services for the employer which include,
12 but are not limited to, lobbying;
13 (4) A statement as to whether the registrant is employed or retained by his or her employer
14 under any agreement, arrangement or understanding according to which the registrant's
15 compensation, or any portion of the registrant's compensation, is or will be contingent upon the
16 success of his or her lobbying activity;
17 (5) The general subject or subjects, if known, on which the registrant will lobby or employ
18 some other person to lobby in a manner which requires registration under this article; and
19 (6) An appended written authorization from each of the lobbyist's employers confirming the
20 lobbyist's employment and the subjects on which the employer is to be represented; and
21 (7) All agency and/or retention or contracting for lobbying on behalf of foreign principals as
22 required by §6B-3A-1 et seq. of this code.
23 (b) Any lobbyist who receives or is to receive compensation from more than one person for
24 services as a lobbyist shall file a separate notice of representation with respect to each person
25 compensating him or her for services performed as a lobbyist. When a lobbyist whose fee for
26 lobbying with respect to the same subject is to be paid or contributed by more than one person,
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27 then the lobbyist may file a single statement, in which he or she shall detail the name, business
28 address and occupation of each person paying or contributing to the fee.
29 (c) Whenever a change, modification or termination of the lobbyist's employment occurs,
30 the lobbyist shall, within one week of the change, modification or termination, furnish full
31 information regarding the change, modification or termination by filing with the commission an
32 amended registration statement.
33 (d) Each lobbyist who has registered shall file a new registration statement, revised as
34 appropriate, on the Monday preceding the second Wednesday in January of each odd-numbered
35 year and failure to do so terminates his or her authorization to lobby. Until the registration is
36 renewed, the person may not engage in lobbying activities unless he or she is otherwise exempt
37 under §6B-3-1 of this code.
38 (e) The following public officers or employees may not, during or up to one year after the
39 termination of their public employment or service, be allowed to register as lobbyists:
40 (1) Members of the Legislature;
41 (2) Members of the Executive Department as referenced in article VII, section one of the
42 Constitution of West Virginia;
43 (3) Will and pleasure professional employees of the Legislature under the direct
44 supervision of a member of the Legislature;
45 (4) Will and pleasure professional employees of members of the Executive Department
46 under the direct supervision of the Executive Department officer and who regularly, personally and
47 substantially participates in a decision-making or advisory capacity regarding agency or
48 department policy;
49 (5) Members of the Supreme Court of Appeals;
50 (6) Any department secretary of an executive branch department created by the provisions
51 of section two, article one, chapter five-f of this code; and
52 (7) Heads of any state departments or agencies.
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§6B-3-4. Reporting by lobbyists.
1 (a) A registered lobbyist shall file with the commission reports of his or her lobbying
2 activities, signed by the lobbyist. The reports shall be filed three times a year as follows:
3 (1) On or before May 15, a lobbyist shall report all lobbying activities in which he or she
4 engaged from January 1 through April 30.
5 (2) On or before September 15, a lobbyist shall report all lobbying activities in which he or
6 she engaged from May 1 through August 31.
7 (3) On or before January 15, a lobbyist shall report all lobbying activities in which he or she
8 engaged from September 1 through December 31.
9 (b) If the date on which a lobbyist expenditure report is due falls on a Saturday, Sunday or
10 legal holiday, the report will be considered timely filed if it is postmarked not later than the next
11 business day. If a registered lobbyist files a late report, the lobbyist shall pay the commission a fee
12 of $10 for each late day, not to exceed a total of $250. If a registered lobbyist fails to file a report or
13 to pay the required fee for filing an untimely report, the commission may, after written notice sent
14 by certified mail, return receipt requested, suspend the lobbyist's privileges as a registered
15 lobbyist until the lobbyist has satisfactorily complied with all reporting requirements and paid the
16 required fee.
17 (c)(1) Except as otherwise provided in this section, each report filed by a lobbyist shall
18 show the total amount of all expenditures for lobbying activities made or incurred by on behalf of
19 the lobbyist during the period covered by the report. The report shall also show subtotals
20 segregated according to financial category, including meals and beverages; living
21 accommodations; advertising; travel; contributions; gifts to public officials or employees or to
22 members of the immediate family of a public official or employee; and other expenses or services.
23 (2) Lobbyists are not required to report the following:
24 (A) Unreimbursed personal living and travel expenses not incurred directly for lobbying;
25 (B) Any expenses incurred for the lobbyist's own living accommodations;
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26 (C) Any expenses incurred for the lobbyist's own travel to and from public meetings or
27 hearings of the legislative and executive branches; or
28 (D) Any expenses incurred for telephone and any office expenses, including rent and
29 salaries and wages paid for staff and secretarial assistance.
30 (d) Report all agency and/or retention or contracting for lobbying on behalf of foreign
31 principals as required by §6B-3A-1 et seq. of this code.
32 (d)(e) If a lobbyist is employed by more than one employer, the report shall show the
33 proportionate amount of the expenditures in each category incurred on behalf of each of his or her
34 employers.
35 (e)(f) The report shall describe the subject matter of the lobbying activities in which the
36 lobbyist has been engaged during the reporting period.
37 (f)(g) If, during the period covered by the report, the lobbyist made expenditures or
38 expenditures were made or incurred on behalf of the lobbyist in the reporting categories of meals
39 and beverages, living accommodations, travel, gifts or other expenditures, other than for those
40 expenditures governed by subsection (g) of this section, the lobbyist shall report the name of the
41 public official or employee to whom or on whose behalf the expenditures were made, the total
42 amount of the expenditures, and the subject matter of the lobbying activity, if any: Provided, That a
43 registered lobbyist who entertains more than one public official or public employee at a time with
44 meals and beverages complies with the provisions of this section if he or she reports the names of
45 the public officials or public employees entertained and the total amount expended for meals and
46 beverages for all of the public officials or public emplo