Registered lobbyists with questions as to whether a proposed course of action or expenditure complies with the Ethics Act may call, write, or email the Ethics Commission staff for information. If a question has not been previously interpreted by the Commission, a lobbyist may request a formal written Advisory Opinion. Here is information on how to request an advisory opinion.
The following advisory opinions relate to lobbying and grassroots. To view an advisory opinion, select the year below. Advisory opinions for the years 1990 to 2009 will be uploaded to the website once made accessible. In the meantime, contact ethics@wv.gov for a copy.
LOBBYING
AO 1990-136 Registered Lobbyist - Meals, beverages and snacks for public officials at association's annual meeting must record guests and report amount expended on each.
AO 1990-147 Registered Lobbyist - Expenditures on non-incumbent candidates for office contributions to political action groups (PACs) or political parties not reportable.
AO 1990-159 City Council Members & Mayor - Not required to register with the Ethics Commission to lobby at the state level.
AO 1990-177 Non-profit Corporation Members - Required to register if they make expenditures on state officials or employees in connection with lobbying.
AO 1990-181 State Employee Association Members - Would be required to register if they made lobbying expenditures.
AO 1990-181 State Employee Association - Must report expenditures on dinner to which all state legislators are invited.
AO 1990-182 Registered Lobbyist - Purely private and personal gift of more than nominal value to a state legislator is permitted.
AO 1990-189 Private Company Employees - May lobby at group functions and need not register, if they spend no money on lobbying.
AO 1990-193 Health Centers Association - Reception for its employees and legislators is a lobbying event; events of civic organizations are not, ordinarily, lobbying events.
AO 1990-200 Nonprofit Association - Must report the cost of distributing free coffee cups to legislators.
AO 1991-28 National Campaign Committee - Must register as lobbyist because of planned letter writing campaign aimed at state legislators.
AO 1991-47 Chamber of Commerce - May not pay $39 greens fees for legislators.
AO 1991-73 Council of Trade Associations - Must register and report meal expenditures on legislators.
AO 1991-81 Registered Lobbyist - Must report cost of gifts of dinner tickets to state officials and identity of recipients.
AO 1993-23 Council of Trade Associations - Reporting alternatives established - opinion limited to specific Trade Association.
AO 1993-25 County Public Official - County public library official not required to register to lobby on legislation affecting library budgets - additional conditions imposed by opinion.
AO 1993-43 Industry Lobbyist/Member of Regulating State Commission - Lobbyist may serve on Commission which regulates the businesses which employ him and will not lobby on issues involving the Commission.
AO 1993-45 Registered Lobbyist - Must report expenditures on meals for public servant's immediate family members and identify them; expenses for hospitality suite at out of state legislative conference are "Group Entertainment" expenses for reporting purposes.
AO 1994-09 Registered Lobbyist - Must report gratuity as part of meals & beverages lobbying expenditure.
AO 1994-10 Registered Lobbyist - May not give all Legislators free trip to examine operation of out of state gambling operations.
AO 1999-09 State Board - Board Members exempt from lobbyist registration requirements.
AO 2002-05 Registered Lobbyist - Should not serve on State’s Citizens Legislative Compensation Commission.
AO 2005-08 Registered Lobbyist - 2005 amendments to Act require multiple employees of lobbying firm to pay additional $100 filing fee for each client they represent.
AO 2005-21 Private Company - Employees whose regular duties involve sales may participate in a “Day at the Capitol” without registering as lobbyists.
AO 2005-23 Trade Association - Employees of companies that are members of an association who contact their Legislators to express opinions are not required to register; Lobbyist for trade association is responsible for expenditures made in his presence or at his direction, but not independent expenditures. Individual companies need to determine if an employee should register.
AO 2007-12 Non-Profit Corporation - Inviting all Legislators to a charitable fund raising event during regular Legislative session triggers lobbyist registration requirement; Host organization may provide free tickets to Legislators for reception where food and beverages are served even if ticket price exceeds $25; Businesses who contribute to event not required to report contributions
AO 2008-03 Candidate for State Legislature - May not continue to operate business which provides lobbying services or register as a lobbyist while serving in Legislature.
AO 2008-06 Public Official - May participate in a tournament by paying the entrance fee himself or reimbursing the vendor the difference between the admission fee and the $25.00 gift limit. Public funds may not be used to pay the entry fee or the buy-down.
AO 2010-07 Registered Lobbyist - Must register on behalf of a non-profit organization if she volunteers her lobbying services to the non-profit without compensation.
AO 2011-04 Per Diem Legislative Attorney - Per Diem Legislative Attorney, who is not, on July 1, 2011, a Legislative employee as defined by the internal Revenue Service, is not subject to the newly enacted revolving door prohibition regarding registration as a lobbyist. Independent contractors are not covered by the Ethics Act.
AO 2011-19 State Licensing Board/Lobbyist - A State Licensing board may hire its former Executive Director as a contract employee/lobbyist; he must register on their behalf. Since he is a contract employee the contract for his services does not trigger the one year waiting period.
AO 2011-19 State Licensing Board - May spending public funds to hire registered lobbyists, to serve as a Legislative liaison; Registered lobbyist retained by a public agency as Legislative liaison must register as a lobbyist; Revolving door prohibition does not apply to contract employee/former executive director who terminated employment before July 1, 2011 cut-off date. (§6B-3-2[e])
AO 2012-17 Presiding Officer of a House of Delegates - May not be retained by an association to provide legal services when the association is actively engaged in lobbying.
AO 2012-18 Registered Lobbyist - Does not have to register as a lobbyist on behalf of a private business which has hired her to aid it in procuring a State contract. She must, however, register as a lobbyist if retained by the business to lobby state officials or the legislature on the passage or defeat of legislation, rules or regulations.
AO 2012-25 State Agency Chief Inspector - May represent clients before his former agency upon his departure from government without waiting one year on matters in which he was not substantially involved. The employee may also register as lobbyist upon his departure from government without being subject to the one-year post-employment waiting period since he is not under the direct supervision of a member of the Executive Department.
AO 2013-11 State Legislator - May not sponsor legislation relating to issues upon which he advised a client of his private law practice prior to his election to Legislature when the bill uniquely affects his client rather than class of five or more.
AO 2013-39 Former General Counsel for a State Agency - May register as a lobbyist after the termination of her employment with the state agency without being subject to the one-year post-employment waiting period as she reported directly to a Cabinet Secretary and Deputy Secretary, and not the Governor or his staff.
AO 2015-02 Legislative Attorney - May register as a lobbyist after the termination of his employment with the Legislature without being subject to the one-year post-employment waiting period because he reported directly to the chief counsel of the committee to which he was assigned and was not under the direct supervision of a member of the Legislature.
AO 2016-02 Former Legislative Research Analyst - May register as a lobbyist after the termination of his employment with the Legislature without being subject to the one-year post-employment waiting period.
AO 2021-03 Lobbyist - The $25 gift limit does not apply to charitable contributions made by an organization to a nonprofit to recognize a legislator. The organization's lobbyist must report the expenditure.
AO 2022-12 Former Deputy Secretary of a State Department - A former Deputy Secretary of a state department is not prohibited from seeking employment in the private and public sectors under W. Va. Code § 6B-2-5(h), from registering as a lobbyist without waiting one year under § 6B-3-2(e), or from appearing before his former agency in a representative capacity under § 6B-2-5(g). The former deputy secretary is subject to the limitations in § 6B-2-5(f), regarding matters in which he was substantially involved.
GRASSROOTS
AO 1990-191 Nonprofit Association - Campaign limited to its own membership is not a grassroots lobbying campaign.
AO 1991-01 Lobbying Association - A campaign to inform the public and not intended to influence legislation is not a grassroots lobbying campaign, and therefore need not be reported.
AO 2002-12 Registered Lobbyist - Newspaper ads constitute a grassroots lobbying campaign.