Bill Text: WV HB5043 | 2024 | Regular Session | Comm Sub
Bill Title: Relating to requirements, prohibitions and regulation of foreign principals or agents of foreign principals, lobbying by or on behalf of such foreign principals or their agents
Spectrum: Partisan Bill (Republican 11-0)
Status: (Engrossed - Dead) 2024-02-29 - To Economic Development [HB5043 Detail]
Download: West_Virginia-2024-HB5043-Comm_Sub.html
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]
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, 1931, as amended, and by adding thereto a new article, designated §6B-3A-1, §6B-3A-2, §6B-3A-3, §6B-3A-4, §6B-3A-5, §6B-3A-6, §6B-3A-7, §6B-3A-8, §6B-3A-9, §6B-3A-10, and §6B-3A-11, all relating to the requirements, prohibitions, and regulation of foreign principals or agents of foreign principals, lobbying by or on behalf of such foreign principals or their agents; providing definitions; amending provisions relating to the registration and reporting duties of lobbyists; amending provisions relating to the employment of unregistered lobbyists and the duties of lobbyists; establishing criminal liabilities and fines 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.
As used in this article, unless the context in which used clearly indicates otherwise:
(1) "Agent of a Foreign Principal" and "foreign principal" shall mean the same as those terms are defined in §6B-3A-1 of this code.
(1)(2) "Compensation" means money or any other thing of value received or to be received by a lobbyist from an employer for services rendered.
(2)(3) "Employer" or "lobbyist's employer" means any person who employs or retains a lobbyist.
(3)(4) "Expenditure" means payment, distribution, loan, advance deposit, reimbursement, or gift of money, real or personal property or any other thing of value; or a contract, promise or agreement, whether or not legally enforceable.
(4)(5) "Government officer or employee" means a member of the Legislature, a legislative employee, the Governor and other members of the board of Public Works, heads of executive departments and any other public officer or public employee under the legislative or executive branch of state government who is empowered or authorized to make policy and perform nonministerial functions. In the case of elected offices included herein, the term "government officer or employee" includes candidates who have been elected but who have not yet assumed office.
(5)(6) "Legislation" means bills, resolutions, motions, amendments, nominations and other matters pending or proposed in either house of the Legislature and includes any other matters that may be the subject of action by either house or any committee of the Legislature and all bills or resolutions that, having passed both houses, are pending approval or veto by the Governor.
(6)(7) "Lobbying" or "lobbying activity" means the act of communicating with a government officer or employee to promote, advocate or oppose or otherwise attempt to influence:
(i) The passage or defeat or the executive approval or veto of any legislation which may be considered by the Legislature of this state; or
(ii) The adoption or rejection of any rule, regulation, legislative rule, standard, rate, fee or other delegated legislative or quasilegislative action to be taken or withheld by any executive department.
(7)(8) "Lobbying firm" means any business entity, including an individual contract lobbyist, which meets either of the following criteria:
(A) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of lobbying on behalf of any other person, and any partner, owner, officer or employee of the business entity.
(B) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any elected state official, agency official or legislative official for the purpose of lobbying on behalf of any other person.
(8)(9)(A) "Lobbyist" means any individual employed by a lobbying firm or who is otherwise employed or contracts for economic consideration, other than reimbursement for reasonable travel expenses, to communicate directly or through his or her agents with any elective state official, agency official or legislative official for the purpose of promoting, advocating, opposing or otherwise attempting to influence:
(i) The passage or defeat or the executive approval or veto of any legislation which may be considered by the Legislature of this state; or
(ii) The adoption or rejection of any rule, legislative rule, standard, rate, fee or other delegated legislative or quasilegislative action to be taken or withheld by any executive department.
(B) The term "lobbyist" does not include the following persons, who are exempt from the registration and reporting requirements set forth in this article, unless they engage in activities which would otherwise subject them to the registration and reporting requirements:
(i) Persons who limit their lobbying activities to appearing before public sessions of committees of the Legislature, or public hearings of state agencies, are exempt.
(ii) Persons who limit their lobbying activities to attending receptions, dinners, parties or other group functions and make no expenditure in connection with such lobbying are exempt.
(iii) Persons who engage in news or feature reporting activities and editorial comment as working members of the press, radio or television and persons who publish or disseminate such news, features or editorial comment through a newspaper, book, regularly published periodical, radio station or television station are exempt.
(iv) Persons who lobby without compensation or other consideration, other than reimbursement for reasonable travel expenses, for acting as lobbyists, who are not employed by a lobbying firm or lobbyist employer, and whose total expenditures in connection with lobbying activities do not exceed $150 during any calendar year, are exempt. The exemptions contained in this subparagraph and in subparagraph (ii) are intended to permit and encourage citizens of this state to exercise their Constitutional rights to assemble in a peaceable manner, consult for the common good, instruct their representatives, and apply for a redress of grievances. Accordingly, such persons may lobby without incurring any registration or reporting obligation under this article. Any person exempt under this subparagraph or subparagraph (ii) may at his or her option register and report under this article.
(v) Persons who lobby on behalf of a nonprofit organization with regard to legislation, without compensation, and who restrict their lobbying activities to no more than twenty days or parts thereof during any regular session of the Legislature, are exempt. The commission may promulgate a legislative rule to require registration and reporting by persons who would otherwise be exempt under this subparagraph, if it determines that such rule is necessary to prevent frustration of the purposes of this article. Any person exempt under this subparagraph may, at his or her option, register and report under this article.
(vi) The Governor, members of the Governor's staff, members of the board of Public Works, officers and employees of the executive branch who communicate with a member of the Legislature on the request of that member, or who communicate with the Legislature, through the proper official channels, requests for legislative action or appropriations which are deemed necessary for the efficient conduct of the public business or which are made in the proper performance of their official duties, are exempt.
(vii) Members of the Legislature are exempt.
(viii) Persons employed by the Legislature for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties are exempt.
(ix) Persons rendering professional services in drafting proposed legislation or in advising or rendering opinions to clients as to the construction and effect of proposed or pending legislation are exempt.
(9)(10) "Person" means any individual, partnership, trust, estate, business trust, association or corporation; any department, commission, board, publicly supported college or university, division, institution, bureau or any other instrumentality of the state; or any county, municipal corporation, school district or any other political subdivision of the state.
§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; and
(7) All agency and/or retention or contracting for lobbying on behalf of foreign principals as required by §6B-3A-1 et seq. of this code.
(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 §6B-3-1 of this code.
(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.
§6B-3-4. Reporting by lobbyists.
(a) A registered lobbyist shall file with the commission reports of his or her lobbying activities, 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.
(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.
(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.
(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) Report all agency and/or retention or contracting for lobbying on behalf of foreign principals as required by §6B-3A-1 et seq. of this code.
(d)(e) 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)(f) The report shall describe the subject matter of the lobbying activities in which the lobbyist has been engaged during the reporting period.
(f)(g) 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)(h) 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.
§6B-3-6. Employment of unregistered persons.
It shall be a violation of this chapter for any person to employ for pay or any consideration, or pay or agree to pay any consideration to, a person to lobby who is not registered under this chapter except upon condition that such person register as a lobbyist as provided by this chapter, and such person does in fact so register as soon as practicable: Provided, That all registration and reporting required pursuant §6B-3A-1 et seq. of this code must be accomplished prior to any lobbying activity conducted by, or on behalf of, a foreign principal.
§6B-3-7. Duties of lobbyists.
A person required to register as a lobbyist under this article also has the following obligations, the violation of which constitutes cause for revocation of his or her registration and termination of his or her lobbying privileges and may subject the person, and the person's employer, if employer aids, abets, ratifies or confirms the violation, to other civil liabilities as provided by this chapter.
(1) Any person required to register as a lobbyist shall obtain, preserve and make available for inspection by the Commission at any time all accounts, bills, receipts, books, papers and documents necessary to substantiate the financial reports required to be made under this article for a period of at least two years from the date of the filing of the statement to which those items relate: Provided, That if a lobbyist is required under the terms of his or her employment contract to turn any records over to his or her employer, responsibility for the preservation of the records under this subsection shall rest with the employer.
(2) In addition, a person required to register as a lobbyist may not:
(A) Engage in any lobbying activity before registering as a lobbyist;
(B) Engage in any activity prohibited by or in violation of §6B-3A-1 et seq. of this code;
(B)(C) Knowingly deceive or attempt to deceive any government officer or employee as to any fact pertaining to a matter which is the subject of lobbying activity;
(C)(D) Cause or influence the introduction of any legislation for the purpose of thereafter being employed to secure its defeat;
(D)(E) Exercise any undue influence, extortion or unlawful retaliation upon any government officer or employee by reason of the government officer or employee's position with respect to, or his or her vote upon, any matter which is the subject of lobbying activity;
(E)(F) Exercise undue influence upon any legislator or other privately employed government officer or employee through communications with the person's employer;
(F)(G) Give a gift to any government officer or employee in excess of or in violation of any limitations on gifts set forth in §6B-2-5 of this code or give any gift, whether lawful or unlawful, to a government officer or employee without the government officer or employee's knowledge and consent.
(H) Fail to exercise due diligence to identify:
(i) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal; or
(ii) the ultimate controlling corporate ownership of any business or other entity lobbying, or principal of any corporate ownership of any business entity lobbying, on behalf of whom the person has been engaged to lobby to any representative of the government of West Virginia or entities under the jurisdiction of the government of West Virginia in order to identify the existence of any indirect foreign ownership interest required to be disclosed by §6B-3A-1 et seq. of this code: Provided, That the exemptions from the definition of "agent of a foreign principal" in §6B-3A-1(d) of this Code shall also qualify the requirements of this section.
ARTICLE 3A. FOREIGN AGENTS REGISTRATION ACT.
§6B-3A-1. Definitions.
As used in and for the purposes of this article—
(a) Except as otherwise provided in §6B-3A-1(d) of this code, the term "agent of a foreign principal" means—
(1) Any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person—
(i) Engages within the United States, and specifically within the State of West Virginia, in political activities for or in the interests of such foreign principal;
(ii) Acts within the United States, and specifically within the State of West Virginia, as a public relations counsel, publicity agent, information service employee or political consultant for or in the interests of such foreign principal;
(iii) Within the United States, and specifically within the State of West Virginia, solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or
(iv) Within the United States, and specifically within the State of West Virginia, represents the interests of such foreign principal before any agency or official of the Government of the United States, and/or the Government of the State of West Virginia; and
(2) Any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in §6B-3A-1(c)(1) of this code.
(3) The term "agent of a foreign principal" does not include any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States; or, any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3611 of Title 39 of the United States Code, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 percent beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by any foreign principal defined in §6B-3A-1(b) of this code, or, by any agent of a foreign principal required to register under the provisions of this article;
(b) The term "foreign political party" includes any organization or any other combination of individuals in a country other than the United States, or any unit or branch thereof, having for an aim or purpose, or, which is engaged in any activity devoted in whole, or in part, to the establishment, administration, control, or acquisition of administration or control, of a government of a foreign country or a subdivision thereof, or the furtherance or influencing of the political or public interests, policies, or relations of a government of a foreign country or a subdivision thereof;
(c) The term "foreign principal" includes—
(1) A government of a foreign country or a foreign political party;
(2) A person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and
(3) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.
(d) The term "government of a foreign country" includes any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country, or acting on behalf of a foreign government, other than the United States, or over any part of such country, and includes any subdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. Such term shall include any faction or body of insurgents within a country assuming to exercise governmental authority whether such faction or body of insurgents has or has not been recognized by the United States;
(e) The term "information-service employee" includes any person who is engaged in furnishing, disseminating, or publishing accounts, descriptions, information, or data with respect to the political, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United States, or of any government of a foreign country, or of a foreign political party or of a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign country;
(f) The term "person" includes an individual, partnership, association, corporation, organization, or any other combination of individuals;
(g) The term "political activities" means any activity that the person engaging in believes will, or that the person intends to, in any way influence any agency or official of the Government of the United States, and/or the Government of the State of West Virginia, or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States, or with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party;
(h) The term "political consultant" means any person who engages in informing or advising any other person with reference to the domestic or foreign policies of the United States, and/or the Government of the State of West Virginia, or the political or public interest, policies, or relations of a foreign country or of a foreign political party;
(i) The term "public-relations counsel" includes any person who engages directly or indirectly in informing, advising, or, in any way representing, a principal in any public relations matter pertaining to political or public interests, policies, or relations of such principal;
(j) The term "publicity agent" includes any person who engages directly or indirectly in the publication or dissemination of oral, visual, graphic, written, or pictorial information or matter of any kind, including publication by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, through any internet publication, or other means;
(k) The term "registration statement" means the registration statement required to be filed with the Secretary of State of West Virginia under §6B-3A-2(a) of this code, and any supplements thereto required to be filed under §6B-3A-2(b) of this code, and includes all documents and papers required to be filed therewith or amendatory thereof or supplemental thereto, whether attached thereto or incorporated therein by reference;
(l) The term "United States", when used in a geographical sense, includes the several States of, the District of Columbia, the Territories, the insular possessions, and all other places now or hereafter subject to the civil or military jurisdiction of, the United States.
§6B-3A-2. Requirements as to registration.
(a) No person shall act as an agent of a foreign principal unless he has filed with the Secretary of State of West Virginia a true and complete registration statement and supplements thereto as required by §§6B-3A-2 (a) and (b) of this code or unless he or she is exempt from registration under the provisions of this article. Except as hereinafter provided, every person who becomes an agent of a foreign principal shall, within ten days thereafter, file with the Secretary of State of West Virginia, in duplicate, a registration statement, under oath on a form prescribed by the Secretary of State of West Virginia. The obligation of an agent of a foreign principal to file a registration statement shall, after the tenth day of his becoming such agent, continue from day to day, and termination of such status shall not relieve such agent from his or her obligation to file a registration statement for the period during which he or she was an agent of a foreign principal. The registration statement shall include the following, which shall be regarded as material for the purposes of this article:
(1) Registrant's name, principal business address, all other business addresses, and all internet Uniform Resource Locator (URL) web addresses, and the principal email addresses, for itself and all corporate parent and subsidiary entities in the United States or elsewhere, and all residence addresses, if any;
(2) Status of the registrant; if an individual, nationality; if a partnership, name, residence addresses, and nationality of each partner and a true and complete copy of its articles of co-partnership; if an association, corporation, organization, or any other combination of individuals, the name, residence addresses, and nationality of each director and officer and of each person performing the functions of a director or officer and a true and complete copy of its charter, articles of incorporation, association, constitution, and bylaws, and amendments thereto; a copy of every other instrument or document and a statement of the terms and conditions of every oral agreement relating to its organization, powers, and purposes; and a statement of its ownership and control;
(3) A comprehensive statement of the nature of registrant's business; a complete list of registrant’s employees and a statement of the nature of the work of each; the name and address of every foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act; the character of the business or other activities of every such foreign principal, and, if any such foreign principal be other than a natural person, a statement of the ownership and control of each; and the extent, if any, to which each such foreign principal is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by any government of a foreign country or foreign political party, or by any other foreign principal;
(4) Copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is an agent of a foreign principal; a comprehensive statement of the nature and method of performance of each such contract, and of the existing and proposed activity or activities engaged in or to be engaged in by the registrant as agent of a foreign principal for each such foreign principal, including a detailed statement of any such activity which is a political activity;
(5) The nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received within the preceding year from each such foreign principal, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;
(6) A detailed statement of every activity which the registrant is performing or is assuming or purporting or has agreed to perform for himself or any other person other than a foreign principal and which requires his registration hereunder, including a detailed statement of any such activity which is a political activity;
(7) The name, business, and residence addresses, and if an individual, the nationality, of any person other than a foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act under such circumstances as require his registration hereunder; the extent to which each such person is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by any government of a foreign country or foreign political party or by any other foreign principal; and the nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received during the preceding year from each such person in connection with any of the activities referred to in §6B-3A-2(a) of this code, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;
(8) A detailed statement of the money and other things of value spent or disposed of by the registrant during the preceding year in furtherance of or in connection with activities which require his or her registration hereunder and which have been undertaken by him or her either as an agent of a foreign principal or for himself or herself or any other person or in connection with any activities relating to his or her becoming an agent of such principal, and a detailed statement of any contributions of money or other things of value made by him or her during the preceding year in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office;
(9) Copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is performing or assuming or purporting or has agreed to perform for himself or herself or for a foreign principal or for any person other than a foreign principal any activities which require his or her registration hereunder;
(10) Such other statements, information, or documents pertinent to the purposes of this article as the Secretary of State of West Virginia, having due regard for the national security and the public interest, may from time to time require;
(11) Such further statements and such further copies of documents as are necessary to make the statements made in the registration statement and supplements thereto, and the copies of documents furnished therewith, not misleading.
(b) Every agent of a foreign principal who has filed a registration statement required by §6B-3A-2(a) of this code, within thirty days after the expiration of each period of six months succeeding such filing, file with the Secretary of State of West Virginia a supplement thereto under oath, on a form prescribed by the Secretary of State of West Virginia, which shall set forth with respect to such preceding six months' period such facts as the Secretary of State of West Virginia, having due regard for the national security and the public interest, may deem necessary to make the information required under this section accurate, complete, and current with respect to such period. In connection with the information furnished under subdivisions (3), (4), (6), and (9) of §6B-3A-2(a) of this code, the registrant shall give notice to the Secretary of State of West Virginia of any changes therein within ten days after such changes occur. If the Secretary of State of West Virginia, having due regard for the national security and the public interest, determines that it is necessary to carry out the purposes of this article, he or she may, in any particular case, require supplements to the registration statement to be filed at more frequent intervals in respect to all or particular items of information to be furnished.
(c) The registration statement and supplements thereto shall be executed under oath as follows: If the registrant is an individual, by him or her; if the registrant is a partnership, by all the partners thereof; if the registrant is a person other than an individual or a partnership, by all the officers thereof or persons performing the functions of officers or by all the board of directors thereof or persons performing the functions of directors, if any.
(d) The fact that a registration statement or supplement thereto has been filed shall not necessarily be deemed a full compliance with this article and the regulations thereunder on the part of the registrant; nor shall it indicate that the Secretary of State of West Virginia has in any way passed upon the merits of such registration statement or supplement thereto; nor shall it preclude prosecution, as provided for in this article, for willful failure to file a registration statement or supplement thereto when due or for a willful false statement of a material fact therein or the willful omission of a material fact required to be stated therein or the willful omission of a material fact or copy of a material document necessary to make the statements made in a registration statement and supplements thereto, and the copies of documents furnished therewith, not misleading.
(e) The Secretary of State of West Virginia may, by regulation, provide for the exemption from the requirement of furnishing any of the information required by this section of any agent of a foreign principal, where by reason of the nature of the functions or activities of such person the Secretary of State of West Virginia, having due regard for the national security and the public interest, determines that such registration, or the furnishing of such information, as the case may be, is not necessary to carry out the purposes of this article.
§6B-3A-3. Exemptions.
The requirements of section §6B-3A-2(a) of this code shall not apply to the following agents of foreign principals:
(a) A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the United States Department of State, while said officer is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer;
(b) Any official of a foreign government, if such government is recognized by the United States, who is not a public-relations counsel, publicity agent, information-service employee, or a citizen of the United States, whose name and status and the character of whose duties as such official are of public record in the Department of State, while said official is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official;
(c) Any member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, other than a public-relations counsel, publicity agent, or information-service employee, whose name and status and the character of whose duties as such member or employee are of public record in the Department of State, while said member or employee is engaged exclusively in the performance of activities which are recognized by the Department of State as being within the scope of the functions of such member or employee;
(d) Any person engaging or agreeing to engage only.
(1) in private and nonpolitical activities in furtherance of the bona fide trade or commerce of such foreign principal; or
(2) in other activities not serving predominantly a foreign interest; or
(3) in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if such solicitation or collection of funds and contributions is in accordance with and subject to all applicable provisions of federal law, and such rules and regulations as may be prescribed thereunder;
(f) Any person, or employee of such person, whose foreign principal is a government of a foreign country the defense of which the President deems vital to the defense of the United States while:
(1) such person or employee engages only in activities which are in furtherance of the policies, public interest, or national defense both of such government and of the Government of the United States, and are not intended to conflict with any of the domestic or foreign policies of the Government of the United States, and
(2) each communication or expression by such person or employee which he intends to, or has reason to believe will, be published, disseminated, or circulated among any section of the public, or portion thereof, within the United States, is a part of such activities and is believed by such person to be truthful and accurate and the identity of such person as an agent of such foreign principal is disclosed therein.
(g) Any person qualified to practice law, insofar as he or she engages or agrees to engage in the legal representation of a disclosed foreign principal before any court of law or any agency of the Government of the State of West Virginia: Provided, That for the purposes of this subsection legal representation does not include attempts to influence or persuade agency personnel or officials other than in the course of judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record.
(h) Any agent of a person described in section §6B-3A-1(b)(2) of this code or an entity described in section §6B-3A-1(b)(3) of this code if the agent has engaged in lobbying activities and has registered under §6B-3-1 et seq. of this code in connection with the agent's representation of such person or entity.
§6B-3A-4. Filing and labeling of informational materials.
(a) Every person within the United States who is an agent of a foreign principal and required to register under the provisions of this article and who transmits or causes to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials to, within or from the State of West Virginia for or in the interests of such foreign principal, which is reasonably adapted to being, or which he or she believes will be, or which he or she intends to be, disseminated, or circulated among two or more persons shall, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Secretary of State of West Virginia two copies thereof.
(b) It shall be unlawful for any person within the United States who is an agent of a foreign principal and required to register under the provisions of this article to transmit or cause to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials to, within or from the State of West Virginia for or in the interests of such foreign principal without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal.
(c) It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this article to transmit, convey, or otherwise furnish to any agency or official of any Government entity constituted within the State of West Virginia, for or in the interests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the policies of the State of West Virginia unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this article.
(d) Whenever any agent of a foreign principal required to register under this article appears before any committee of the Legislature of the State of West Virginia to testify for or in the interests of such foreign principal, he or she shall, at the time of such appearance, furnish the committee with a copy of his or her most recent registration statement filed with the Secretary of State of West Virginia as an agent of such foreign principal for inclusion in the records of the committee as part of his testimony.
§6B-3A-5. Maintenance of books and records.
Every agent of a foreign principal registered under this article shall keep and preserve while he or she is an agent of a foreign principal such books of account and other records with respect to all his or her activities, the disclosure of which is required under the provisions of this article, in accordance with such business and accounting practices, as the Secretary of State of West Virginia, having due regard for the national security and the public interest, may by regulation prescribe as necessary or appropriate for the enforcement of the provisions of this article and shall preserve the same for a period of three years following the termination of such status. Until regulations are in effect under this section every agent of a foreign principal shall keep books of account and shall preserve all written records with respect to his activities. Such books and records shall be open at all reasonable times to the inspection of any official charged with the enforcement of this article. It shall be unlawful for any person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliterated, mutilated, or falsified, any books or records required to be kept under the provisions of this section.
§6B-3A-6. Public examination of official records.
(a) The Secretary of State of West Virginia shall retain in permanent form one copy of all registration statements furnished under this article, and the same shall be public records and open to public examination and inspection at such reasonable hours, under such regulations, as the Secretary of State of West Virginia may prescribe, and copies of the same shall be furnished to every applicant at such reasonable fee as the Secretary of State of West Virginia may prescribe. The Secretary of State of West Virginia may withdraw from public examination the registration statement and other statements of any agent of a foreign principal whose activities have ceased to be of a character which requires registration under the provisions of this article.
(b) The Secretary of State of West Virginia is authorized to furnish to departments and agencies in the executive branch and committees of the Legislature of the State of West Virginia such information obtained by him or her in the administration of this article, including the names of registrants under this article, copies of registration statements, or parts thereof, or other documents or information filed under this article, as may be appropriate in the light of the purposes of this article.
§6B-3A-7. Liability of officers.
(a) Each officer, or person performing the functions of an officer, and each director, or person performing the functions of a director, of an agent of a foreign principal which is not an individual shall be under obligation to cause such agent to execute and file a registration statement and supplements thereto as and when such filing is required under §§6B-3A-2(a) and (b) of this code and shall also be under obligation to cause such agent to comply with all the requirements of sections §§6B-3A-4(a) and (b) and §6B-3A-5 of this code and all other requirements of this article. Dissolution of any organization acting as an agent of a foreign principal shall not relieve any officer, or person performing the functions of an officer, or any director, or person performing the functions of a director, from complying with the provisions of this section. In case of failure of any such agent of a foreign principal to comply with any of the requirements of this article, each of its officers, or persons performing the functions of officers, and each of its directors, or persons performing the functions of directors, shall be subject to prosecution therefor.
(b) No individual registered as a foreign agent may serve in any capacity in any government entity in the State of West Virginia or be elected to any office in the State of West Virginia.
§6B-3A-8. Enforcement and penalties.
(a) Any person who—
(1) Willfully violates any provision of this article or any regulation thereunder, or
(2) In any registration statement or supplement thereto or in any other document filed with or furnished to the Secretary of State of West Virginia under the provisions of this article willfully makes a false statement of a material fact or willfully omits any material fact required to be stated therein or willfully omits a material fact or a copy of a material document necessary to make the statements therein and the copies of documents furnished therewith not misleading, shall, upon conviction thereof, for a first offense thereunder be punished by a fine of not more than $5,000 or imprisonment for not more than three months, or both; for a second offense thereunder by a fine of not more than $10,000 or by imprisonment for not more than six months, or both; and for a third or subsequent offense, by a fine of not more than $100,000 or by imprisonment for not more than one year, or both.
(b) Any alien who shall be convicted of a violation of, or a conspiracy to violate, any provision of this article or any regulation thereunder shall, upon sentencing for such conviction by the court in which the case was tried, be transferred to the custody of United States Immigration and Customs Enforcement for disposition.
(c) Whenever in the judgment of the Secretary of State of West Virginia any person is engaged in or about to engage in any acts which constitute or will constitute a violation of any provision of this article, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this article or the regulations issued thereunder, or otherwise is in violation of the article, the Secretary of State of West Virginia may make application to the appropriate courts in the State of West Virginia for an order enjoining such acts or enjoining such person from continuing to act as an agent of such foreign principal, or for an order requiring compliance with any appropriate provision of the article or regulation thereunder. The courts of the State of West Virginia shall have jurisdiction and authority to issue a temporary or permanent injunction, restraining order or such other order which it may deem proper.
(d) If the Secretary of State of West Virginia determines that a registration statement does not comply with the requirements of this article or the regulations issued thereunder, he or she shall so notify the registrant in writing, specifying in what respects the statement is deficient. It shall be unlawful for any person to act as an agent of a foreign principal at any time ten days or more after receipt of such notification without filing an amended registration statement in full compliance with the requirements of this article and the regulations issued thereunder.
(d) It shall be unlawful for any agent of a foreign principal required to register under this article to be a party to any contract, agreement, or understanding, either express or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent in whole or in part upon the success of any political activities carried on by such agent.
§6B-3A-9. Applicability of the act.
This article shall be applicable in the State of West Virginia.
§6B-3A-10. Rules and regulations.
The Secretary of State of West Virginia may at any time make, prescribe, amend, and rescind such rules, regulations, and forms as he may deem necessary to carry out the provisions of this article.
§6B-3A-11. Reports to the Legislature of the State of West Virginia.
The Secretary of State of West Virginia shall every six months report each January to the Legislature of The State Of West Virginia concerning administration of this article, including registrations filed pursuant to this article, and the nature, sources and content of political propaganda disseminated and distributed, as well as other activities identified in this article.
NOTE: The purpose of this bill is to revise and/or establish requirements, prohibitions and regulation of foreign principals or agents of foreign principals, lobbying by or on behalf of such foreign principals or their agents, and to establish criminal liabilities and fines for violations of the requirements applicable to such foreign principals or their agents.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
