W. Va. Code R. § 158-12-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 158-12-5 - Reporting

5.1. Lobbyists are required to file with the Commission periodic signed reports of their lobbying activities, on forms provided by the Commission. The reports shall be filed three times a year as follows:

5.1.a. On or before the fifteenth of May, a lobbyist shall report all lobbying activities in which he or she engaged from the first day of January through the thirtieth day of April.

5.1.b. On or before the fifteenth day of September, a lobbyist shall report all lobbying activities in which he or she engaged from the first day of May through the thirty-first day of August.

5.1.c. On or before the fifteenth day of January, a lobbyist shall report all lobbying activities in which he or she engaged from the first day of September through the thirty-first day of December.

5.2. The Commission shall prepare and provide forms on which registered lobbyists shall report their lobbying activities, including whether any lobbying activity took place and whether any reportable lobbying expenditures were made during the current reporting period.

5.3. Registered lobbyists are personally responsible for completing and submitting each required activity report within the time limits required.

5.4. Reports sent to the Commission by United States mail will be considered timely filed if they are postmarked by the due date for the report. Reports sent by any other means must be received at the Commission's office by close of business on the due date of the report.

5.5. When the date a report is due falls on a Saturday, Sunday, or legal holiday, the report will be considered timely filed if it is postmarked or delivered not later than the next business day.

5.6. If a registered lobbyist files a late lobbyist activity report, the lobbyist shall pay the Commission a fee of ten dollars ($10) for each late day, not to exceed a total of two hundred and fifty dollars ($250).

5.7. If the Commission has not received a required lobbyist activity report within five (5) working days of the due date, it shall notify the lobbyist in writing of the delinquency.

5.8. If the Commission has not received the required lobbyist activity report within ten (10) working days of the date on which the written delinquency notice was mailed, the Commission shall send written notice by certified mail, return receipt requested, that the lobbyist's lobbying privileges are suspended until the lobbyist has satisfactorily complied with all reporting requirements and paid all applicable fines.

5.8.a. If the Commission receives a late report that is not accompanied by the appropriate late fee payment, it shall notify the lobbyist in writing of the late fee which is due and payable within ten (10) working days of the date the notice is mailed.

5.8.b. Lobbyists who fail to pay the appropriate late fee within the required time limit shall be subject to suspension under the same conditions that apply to filing their original periodic lobbyist reports.

5.8.c. Upon written request, the Commission, in its discretion, may waive or reduce late fees based upon a showing of extenuating circumstances including, but not limited to, a death in the immediate family, severe illness, and other compelling circumstances which may constitute just cause.

5.9. Lobbyist reports which are incomplete or inaccurate may be returned by the Commission for completion or correction. The lobbyist is responsible for submitting a correct and complete report within ten (10) working days of the date the returned report was mailed.

5.9.a. Lobbyists who fail to file a corrected report within the required time limit shall be subject to fines and suspension under the same conditions that apply to their original periodic lobbyist reports.

5.10. Once a lobbyist has been notified that his or her lobbying privileges have been suspended, the Commission may notify the respective houses of the Legislature of the lobbyist's suspension and place notice of the suspension on its web site. Once a suspended lobbyist has complied with all reporting requirements and paid all applicable fines, notice of the lobbyist's reinstatement will be communicated in a similar manner.

5.11. The Commission shall prepare a composite report of the Lobbyist Activities Reports filed for each reporting period within 10 working days of the due date. The Commission's report shall contain the names of those filing reports with the Commission and expenditures reported. The Commission shall identify and list separately those failing to report or give required notice.

5.12. The Commission shall send copies of the composite report to both the House and Senate Clerks for distribution to the members. Upon request, the Commission shall also provide copies to the news media.

W. Va. Code R. § 158-12-5