The following Advisory Opinions relate to lobbying. Click on the number to view the Advisory Opinion.
90-136 Registered Lobbyist
meals, beverages and snacks for public officials at association's annual meeting
must record guests and report amount expended on each
90-147 Registered Lobbyist
expenditures on non-incumbent candidates for office
contributions to political action groups (PACs) or political parties not reportable
90-159 City Council Members & Mayor
not required to register with the Ethics Commission to lobby at the state level
90-177 Non-profit Corporation Members
required to register if they make expenditures on state officials or employees in connection with lobbying
90-181 State Employee Association Members
would be required to register if they made lobbying expenditures
90-181 State Employee Association
must report expenditures on dinner to which all state legislators are invited
90-182 Registered Lobbyist
purely private and personal gift of more than nominal value to a state legislator is permitted
90-189 Private Company Employees
may lobby at group functions and need not register, if they spend no money on lobbying
90-193 Health Centers Association
reception for its employees and legislators is a lobbying event
events of civic organizations are not, ordinarily, lobbying events
90-200 Nonprofit Association
must report the cost of distributing free coffee cups to legislators
91-28 National Campaign Committee
must register as lobbyist because of planned letter writing campaign aimed at state legislators
91-47 Chamber of Commerce
may not pay $39 greens fees for legislators
91-73 Council of Trade Associations
must register and report meal expenditures on legislators
91-81 Registered Lobbyist
must report cost of gifts of dinner tickets to state officials and identity of recipients
93-23 Council of Trade Associations
reporting alternatives established - opinion limited to specific Trade Association
93-25 County Public Official
county public library official not required to register to lobby on legislation affecting library budgets - additional conditions imposed by opinion
93-43 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
93-45 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
94-09 Registered Lobbyist
must report gratuity as part of meals & beverages lobbying expenditure
94-10 Registered Lobbyist
may not give all Legislators free trip to examine operation of out of state gambling operations
99-09 State Board
Board Members exempt from lobbyist registration requirements
2002-05 Registered Lobbyist
should not serve on State’s Citizens Legislative Compensation Commission
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
2005-21 Private Company
Employees whose regular duties involve sales may participate in a “Day at the Capitol” without registering as lobbyists
2005-23 Trade Association
Ordinary employees of companies in 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
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
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
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.
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.
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.
2011-19 State Licensing Board / Lobbyist
A State Licensing board may hire it's 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.
2011-19 A State Licensing Board
May spending public funds to hire registered lobbyist, 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])
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.
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.
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.
2013-11 State Legislator
May not sponsor legislation relating to issue upon which he advised a client of his private law practice prior to his election to Legislature when bill uniquely affects his client rather than class of five or more.
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.
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.
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.
2021-03 LobbyistThe $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.
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.
90-191 Nonprofit Association
Campaign limited to its own membership is not a grassroots lobbying campaign
91-01 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.
2002-12 Registered Lobbyist
Newspaper ads constitute a grassroots lobbying campaign