Prohibiting Compensation for Lobbying on Behalf of a Foreign Adversary.
Bans paying lobbyists to advocate for foreign adversaries and imposes disgorgement, penalties, and public self-identification to curb foreign influence in West Virginia.
Bans paying lobbyists to advocate for foreign adversaries and imposes disgorgement, penalties, and public self-identification to curb foreign influence in West Virginia.
Purpose
- Prohibits any lobbyist from receiving compensation for lobbying activities conducted on behalf of a foreign adversary, a foreign political party, or a foreign adversary client.
- Establishes enforcement mechanisms (disgorgement, civil penalties, injunctive relief) and investigative authority for the Attorney General.
- Requires lobbyists to self-identify when lobbying on behalf of a foreign adversary.
Key Provisions
Identifies public interest in full identification of lobbyists who act as agents of foreign adversaries.
Definitions (selected)
Foreign Adversaries: Foreign governments or entities hostile to the United States or West Virginia. The initial list includes major governments/entities (e.g., PRC, Russia, Belarus, DPRK, Iran, Cuba, Syria, Venezuela, Taliban, Hamas, etc.) and any agency/instrumentality or entities owned/operated by them. The list is to be updated annually by the WV Secretary of Homeland Security in consultation with the Governor, Secretary of State, and Attorney General.
People’s Republic of China: Includes all PRC provinces/autonomous regions, Hong Kong, Macao (excludes Taiwan).
Owned or Operated in Whole or Part: Defines control or significant influence by a foreign adversary.
Control: Various indicators of influence such as 20% voting interest, board representation, appointment/discharge power, proxy arrangements, or other means.
Foreign Adversary Client: An individual, entity, or a relative of such person connected to a foreign adversary.
Lobbyist and Lobbying Activity: Standard West Virginia definitions.
Prohibition on Receiving Compensation (c)
Prohibits any direct or indirect compensation or payment (including intangible or in-kind) for lobbying activities conducted on behalf of:
Remedies and Enforcement (d)
Disgorgement and Civil Penalties: A violator may be subject to disgorgement of any compensation received and civil penalties up to twice the amount of compensation, with a minimum penalty of $5,000 per violation.
Attorney General Enforcement: The AG may file actions in the name of the state to obtain disgorgement, civil penalties, and injunctive relief to ensure ongoing compliance.
Civil Investigative Demands: The AG may issue civil investigative demands for documents, tangible items, and sworn responses to questions or testimony to individuals who may have knowledge of potential violations. The AG may seek court assistance to enforce these demands.
Self-Identification Requirement (new disclosure rule)
Requires lobbyists to publicly identify themselves when lobbying on behalf of foreign adversaries, stating aloud: "I, , am a Lobbyist for ." This disclosure must occur in a space where others can hear it.
Effective Scope and Application
Applies to lobbyists engaging in lobbying activities in West Virginia who are working for foreign adversaries, foreign adversaries’ parties, or related clients.
The initial list of foreign adversaries and the definitions provide a framework to determine who is covered.
Affected Parties
Procedural/Timeline Aspects
Notes
- The bill creates a dynamic, annual process for updating the list of foreign adversaries, subject to coordination among state security and legal officials.
- The substantial penalties (up to 2x compensation, minimum $5,000 per violation) emphasize deterrence.
- The self-identification provision is a conspicuous disclosure requirement designed to increase transparency.
Overall Impact
HB 5506 seeks to curb foreign influence in West Virginia by banning compensation for lobbying on behalf of foreign adversaries and imposing strong enforcement tools, including disgorgement, civil penalties, and pre-suit investigative powers, while mandating public identification of lobbyists representing such interests.
Compiled from official sources — confirm details with the bill’s official record.
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