WEST virginia Legislature
2017 regular session
By
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to the Committee on the Judiciary.
A BILL to amend and
reenact §6B-3-2 of the Code of West Virginia, 1931, as amended, relating to
prohibiting chairmen of state political parties during or up to one year after
the termination of their employment as chairmen of those political parties from
registering as lobbyists; and providing an effective date.
Be it enacted by the
Legislature of West Virginia:
That §6B-3-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. LOBBYISTS.
§6B-3-2. Registration of
lobbyists.
(a) Before engaging in any
lobbying activity, or within thirty days after being employed as a lobbyist,
whichever occurs first, a lobbyist shall register with the Ethics Commission by
filing a lobbyist registration statement. The registration statement shall
contain information and be in a form prescribed by the Ethics Commission by
legislative rule, including, but not limited to, the following information:
(1) The registrant's
name, business address, telephone numbers and any temporary residential and
business addresses and telephone numbers used or to be used by the registrant
while lobbying during a legislative session;
(2) The name, address and
occupation or business of the registrant's employer;
(3) A statement as to
whether the registrant is employed or retained by his or her employer solely as
a lobbyist or is a regular employee performing services for the employer which
include, but are not limited to, lobbying;
(4) A statement as to
whether the registrant is employed or retained by his or her employer under any
agreement, arrangement or understanding according to which the registrant's
compensation, or any portion of the registrant's compensation, is or will be contingent upon the success
of his or her lobbying activity;
(5) The general subject or
subjects, if known, on which the registrant will lobby or employ some other
person to lobby in a manner which requires registration under this article; and
(6) An appended written
authorization from each of the lobbyist's employers confirming the lobbyist's
employment and the subjects on which the employer is to be represented.
(b) Any lobbyist who
receives or is to receive compensation from more than one person for services
as a lobbyist shall file a separate notice of representation with respect to
each person compensating him or her for services performed as a lobbyist. When
a lobbyist whose fee for lobbying with respect to the same subject is to be
paid or contributed by more than one person, then the lobbyist may file a
single statement, in which he or she shall detail the name, business address
and occupation of each person paying or contributing to the fee.
(c) Whenever a change,
modification or termination of the lobbyist's employment occurs, the lobbyist shall, within one week
of the change, modification or termination, furnish full information regarding
the change, modification or termination by filing with the commission an
amended registration statement.
(d) Each lobbyist who has
registered shall file a new registration statement, revised as appropriate, on
the Monday preceding the second Wednesday in January of each odd-numbered year
and failure to do so terminates his or her authorization to lobby. Until the
registration is renewed, the person may not engage in lobbying activities
unless he or she is otherwise exempt under paragraph (B), subdivision (7),
section one of this article.
(e) The following public
officers or employees may not, during or up to one year after the termination
of their public employment or service, be allowed to register as lobbyists:
(1) Members of the
Legislature;
(2) Members of the
Executive Department as referenced in article VII, section one of the
Constitution of West Virginia;
(3) Will and pleasure
professional employees of the Legislature under the direct supervision of a
member of the Legislature;
(4) Will and pleasure
professional employees of members of the Executive Department under the direct
supervision of the Executive Department officer and who regularly, personally
and substantially participates in a decision-making or advisory capacity
regarding agency or department policy;
(5) Members of the Supreme
Court of Appeals;
(6) Any department
secretary of an executive branch department created by the provisions of
section two, article one, chapter five-f of this code; and
(7) Heads of any state
departments or agencies.
(f) Effective April 15, 2017, the chairmen of state
political parties, as defined by section eight, article one, chapter three of
this code, during, or up to one year after the termination of, their employment
as chairmen of those political parties are not allowed to register as
lobbyists.
NOTE: The purpose of this bill is
to prohibit chairmen of state political parties during or up to one year after
the termination of their employment as chairmen of those political parties from
registering as lobbyists. The bill provides an effective date.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.