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.
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) Chairmen of state political parties, as defined by
section eight, article one, chapter three of this code, are not, during or up
to one year after the termination of their employment as chairmen of those
political parties, 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.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.