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West Virginia Lobbyist Information |
Ethics
Commission
210 Brooks St.,
Suite 300 Charleston WV 25301
(304) 558-0664 fax (304) 558-2169
Lobbyist Registrar: Lucy
A.Suchy
email: lucy.a.suchy@wv.gov
WV toll free: 1-866-558-0664
Office hours: 8:30 a.m. - 5:00 p.m.
last
update: 7/2009
A "Lobbyist" is a person who, through
communication with a government officer or employee promotes, advocates or otherwise
attempts to influence legislation, rules or regulations.
Revised Requirements for Lobbyist
Training
2009-2010
Lobbyists who
re-register for 2009-2010 and have completed training during the
past registration cycle must be trained again sometime during the new
registration cycle. Training is required only once per
registration cycle.
Persons who are
new to lobbying in West
Virginia must have preliminary training prior to
Lobbying and then complete formal
lobbyist training
within 90 days of registration.
Please call for more
information. 304-558-0664
Lobbyist Training Session
Date:
Please check back for schedules Lobbyist Training
Basic
Lobbyist Training DVD
available
If, for any reason, you are unable to attend training in person, the
Commission has recorded a basic training session on DVD. The DVD is
available to anyone who needs to complete this training
requirement. There is a charge for postage and handling and
the DVD must be returned within two weeks.
Training credit and an attendance certificate will be issued when
the DVD is returned. You may contact the WV Ethics Commission
office for details about obtaining lobbyist training credit by
viewing this training DVD. phone: (304) 558-0664
Who must register?
Persons who lobby the Legislature or State regulatory agencies must register as lobbyists
with the WV Ethics Commission if they:
(1) receive compensation for lobbying, or
(2) spend money on a public servant in furtherance of their lobbying activities.
Exemptions from registration:
The following persons are exempt from registration and reporting, unless they
engage in activities that would otherwise require them to register as lobbyists.
(1) Persons who limit their lobbying activities to attending receptions, dinners, parties
or other group functions and make no expenditures in connection with such lobbying.
(2) Persons who lobby without compensation or other consideration for acting as lobbyists,
and, whose total expenditures in connection with such lobbying do not exceed
$150.00
during any calendar year.
(3) Persons who limit their lobbying activities to appearing before public sessions of
committees of the legislature or public hearings of state agencies.
(4) Persons who lobby without compensation on behalf of a nonprofit organization and who
restrict their lobbying activities to no more than twenty days or parts thereof during any
regular session of the legislature and make no expenditures.
When to register:
Lobbyists may register anytime. However, registration must be complete before lobbying.
All lobbyist registrations expire at the end of each even-numbered year and must be
renewed before engaging in lobbying in the new year. All registration requests are
processed within twenty-four hours of receipt and identification credentials issued.
Lobbyists registered by December 15 will be included in the Directory of Registered
Lobbyists published each January. When necessary, a supplement will
be published listing updates of lobbyists registering after the
first publication date
How to register:
Forms are available at the Ethics Commission office at 210 Brooks
Street, Suite 300, Charleston WV 25301. You may download registration
forms here. Lobbyists may register by mail or in person at the Commission office.
REGISTRATION
REQUIREMENTS AND FEES
To register, the lobbyist must present:
-
the completed Lobbyist
Registration Form(s)
-
a completed Statement of
Representation for each employer represented by the
lobbyists
-
registration registration fees
are payable either by check or money-order (NO
CASH)
-
registration fees
are $100.00 per lobbyist plus
an additional $100.00 per entity represented.
-
a passport-type 2"x
2" photo. (The photo is for publication in the lobbyist directory and for
identification credentials.)
Lobbyists will file a separate 'Notice or Statement of
Representation' for each employer/organization represented
plus pay a $100.00 fee for each.
Original forms must be used; facsimile filing will not be accepted. Incomplete or
incorrect applications will be returned and lobbying privileges delayed.
All lobbyists who are currently
registered with the WV Ethics Commission must file a Lobbyist Activity
Report or a Notice of No Lobbying Activity. Reports must be filed although no money
was spent.
WARNING!!!!
Due dates are strictly enforced. As required by
statute, late reporting will generate late filing fees of $10.00
for each day the report is late ($250 maximum) . There
are three reporting periods each year.
DUE DATES for LOBBYIST ACTIVITY REPORTS*
May 15
– covers period January 1 – April 30
September 15
– covers period May 1 – August 31
January 15
– covers period September 1 – December 31
*
A report is considered timely filed if postmarked on or before the
due date. Faxed
reports are not accepted as timely filed.
Forms
Download)
(forms are mailed to all registered lobbyists and are available on
line prior to the reporting deadline.)
*******************************************************************
Obtaining forms:
Reporting forms and instructions are mailed to each registered lobbyist before the
reporting dates. Forms are also available in PDF format on this
website at Download Forms
What to report:
All expenditures made by the lobbyist or by his or her employer on government officials or
employees in furtherance of lobbying activities are reportable expenses.
DO NOT REPORT personal compensation, reimbursement for personal
meals, lodging, travel or
office support expenses paid to the lobbyist.
Lobbyists are responsible for keeping a record of all lobbying expenditures, whatever the
amount, for two years from the date reports are filed and may be
subject to audit.
Multiple employers:
Lobbyists with more than one employer report expenditures incurred on behalf of each
employer by category. The report has columns for recording expense categories for up to
six different employers. When more than six employers are represented, additional
reporting forms must be obtained
Expenditures that relate to a person on whom the lobbyist has spent
any money are detailed and reported on Schedule A. This is a separate form in addition to the regular reporting form.
Expenditures for or on behalf of any public
official or employee in any of the following categories are reported on Schedule A: Meals
and beverages; lodging; travel; gifts; or other expenditures.
The name of the official or employee, the subject of the lobbying activity and the total
amount of the expenditure are reported on Schedule A These are also included in totals
recorded on the regular lobbyist reporting form.
Filing the report:
All sections of the reporting form must be completed. When no expenditures are made,
indicate with $0.00
The reporting forms must be completed, signed by the lobbyist and returned to
the WV Ethics Commission by the due date on the form. The original reporting form may be
filed by mail or in person; facsimile filing is not permitted.
Lobbyists who fail to file a required report in a timely manner are subject to
fines of $10.00 per day ( maximum $250.00) and possible suspension
from lobbying in the future.
"Group Entertainment" as used in the
Lobbyist Activity Report has a special meaning. It does not mean just any group or
function that involves several people.
The group entertainment category is used to report only those expenditures on a dinner,
party or other function to which all the members of one following groups have been
invited.
(1) the Legislature
(2) either house of the Legislature
(3) a standing or select committee of either house
(4) a joint committee of both houses.
The total cost of a group entertainment event must be fully disclosed on
Schedule B. Only the portion of the total expenditure attributable to
public servants is reported as a part of and included in the total
reportable on the Lobbyist Reporting Form.
This format requires the lobbyist to make a reasonable estimate as to the number of public
officials or legislators present at the group function and shows the extent to which
public servants benefit from group event expenditures.
1. Do I report political contributions and do I report any
contributions I make to a PAC? If these contributions are personal and not from my
company, should I report them?
Political contributions to incumbent candidates and to candidates who have won the general
election for state office are reportable. Contributions are reportable for candidates for
state office only.
A lobbyist’s personal political contributions [those for which he or she is not
reimbursed by an employer] are reportable.
Political Action Committee (PAC) contributions are not reported on the lobbyist reports.
2. What about gifts to legislators; can I give any and if so are there any
restrictions?
The Ethics Act prohibits lobbyists from giving a gift to a government officer or employee
"in excess of or in violation of any limitations on gifts set forth in [the Act] . .
. " If the public servant may not accept a gift, a lobbyist violates the law by
giving it.
Therefore, both lobbyists and public servants must know what is acceptable regarding
gifts. Knowledge of what a public servant may accept is crucial. The most common
exceptions are: legal campaign contributions; meals and beverages; gifts of nominal value
(i.e., $25.00 or less); ceremonial gifts or awards with insignificant monetary value;
trivial items of informational value; and payment of reasonable food, travel and lodging
so that a public servant can speak or participate in a panel discussion at a meeting.
All gifts including meals & beverages are reportable by lobbyists even if they are gifts of
nominal value, $25.00 or less.
3. How do I add or delete an employer if I change jobs?
Notify the Ethics Commission by letter if you delete an employer. You must complete an
additional Notice of Representation when you add a new
employer.
4. How do I end my lobbyist registration and get off the active list?
If you stop lobbying completely, you must complete a termination report, otherwise you
will remain on the active lobbyist list. Call the Ethics Commission and we will mail you
the correct form. You may also download the form from this website.
termination
form
5. What happens if I do not file a report?
WARNING!!!!
Due dates are strictly enforced. As required by
statute, late reporting will generate late filing fees of $10.00
for each day the report is late ($250 maximum) . The
lobbyist may be suspended from all lobbying activities.
A verified complaint may be filed against a lobbyist who refuses to file a required
report. The lobbyist may then be proceeded against as in any other complaint filed with
the Ethics Commission. Fines may result if the lobbyist is found guilty of the violation.
6. I'm planning a dinner and will invite only legislators from my part of the
state. Is this considered group entertainment? How should it be reported and do I need to
list the names of everyone who attends?
This is not considered a "group" function as defined in the Act although you
will be entertaining a group of people. The expenses for this occurrence are reportable
and must be detailed on Schedule B and names of all legislators
attending must be reported. The amount spent is then
recorded in the appropriate area on the Lobbyist Expenditure
Report.
7. I took a legislator out to lunch and spent $20.00 on the total bill for the two
of us. How much do I report, $10.00 or $20.00?
Report only the amount spent on the legislator (plus the appropriate proportion of the
gratuity). Here you would report $10.00 plus tip, assuming the costs of the two meals are
the same. The name of the legislator must be listed on
Schedule A even though the amount is less than $25.00.
8. Will I automatically receive reporting forms before they are due?
Yes, provided you maintain a CURRENT address with our office. Reports are mailed to all
lobbyists at least two weeks before the due date.
9. How do I get a new Lobbyist Directory?
All registered lobbyists will receive a new directory each February. The directories are
mailed to the "mailing address" listed on your registration form. If you need to
make other arrangements to receive the book, please call us.
10. Are lobbyist identification badges provided to all lobbyists?
In response to a request from Legislative staff, the Commission will provide lobbyist ID
badges to all registered lobbyists. Badges will be mailed to all lobbyists upon completion
of their registration. The Legislature may mandate the use of these ID badges. Until then,
use of the ID badges will be a voluntary accommodation of Legislative security concerns.
A grass roots lobbying campaign is a program addressed to the public, a substantial
portion of which is intended primarily to influence legislation.
Grass roots lobbying efforts are directed to the public rather than legislators or other
government policy makers. Only campaigns designed to influence legislation by the West
Virginia Legislature are covered. Efforts to influence local legislation are not covered.
Often the campaign will rely heavily, if not exclusively, on newspaper, radio,
TV. or
billboard advertising. The creation and distribution of handbills, or the purchase of a
single newspaper ad could, depending on the cost, constitute a grass roots lobbying
campaign.
Who must register?
Any person or organization spending more than $200 in one month, or more than $500 in a
three-month period presenting a grass roots lobbying program must register. A separate
registration is necessary for each new campaign.
Forms GR1 and GR2 for registration and reporting of Grass Roots
campaigns are available by mail or in PDF format at Download
Forms.
When to register:
Register within 30 days of making the expenditures described above.
Where and how to register:
All sponsors must register with the WV Ethics Commission. Contact the Ethics Commission
office and forms will be mailed to you . Grass roots lobbyist registration and
legislative lobbyist registration are independent of each other. Each requires a separate
reporting form.
Reporting:
The sponsor of a grass roots lobbying campaign is required to file periodic reports with
the WV Ethics Commission on the same schedule as individual registered lobbyists. Forms
necessary to file these required reports are mailed to registered sponsors before the
reporting dates.
Termination of campaign:
A final report must be filed with the Ethics Commission when the campaign has ended
Direct any questions or requests for forms to:
WV Ethics Commission
210 Brooks Street, Suite 300
Charleston WV 25301
Phone: (304) 558-0664
WV toll free: 1-866-558-0664
Fax (304) 558-2169
Email: lucy.a.suchy@wv.gov
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