Yes. A lobbyist may request an Advisory Opinion regarding his/her own conduct. To determine whether the question has already been addressed in an Advisory Opinion, click here to view prior Opinions.
2. Do lobbyists who are employed by or represent non-profit organizations
need to pay the full lobbyist registration fee?
Usually, no. Persons who lobby without compensation for a nonprofit organization and who restrict their lobbying activities to no more than 20 days, or parts thereof, during any regular session of the Legislature and make no expenditures do not need to register.
3. How does a lobbyist add or delete an employer?
To add an employer, the lobbyist must complete an additional Lobbyist Notice of Representation form and pay an additional fee of $100.00 for each additional employer within one week of the change.
To delete an employer, the lobbyist must complete a West Virginia Lobbyist Termination Notice.
4. How does a lobbyist terminate his/her lobbyist registration?
Lobbyists who wish to stop lobbying altogether must complete a Lobbyist Termination Notice. Otherwise the lobbyist will remain on the active lobbyist list and be responsible for filing Lobbyist Activity Reports and subject to late fees.
5. Will e-mail addresses of lobbyists be available to the public?
Yes.
6. How long must lobbyists keep activity and spending records?
Records must be kept for two years from the filing of a spending/activity report to which the records relate.
7. Are all lobbyists required to undergo training? How often will lobbyist
training sessions be held?
All lobbyists, regardless of how long they have lobbied, must complete one training course during each two-year lobbyist registration cycle. Live training sessions for lobbyists and prospective lobbyists are held each January and on another date during each calendar year (usually in October).
8. Are there restrictions regarding lobbyists giving gifts to legislators?
The Ethics Act prohibits lobbyists from giving a gift to a government officer or employee “in excess of or in violation of any limitations on gifts set forth in [the Act] . . . ” The gift limitations in the Act are in W. Va. Code 6B-2-5(c).
9. What happens if a registered lobbyist does not file a Lobbyist Activity
Report?
Failing to file an Activity Report violates the Ethics Act, and lobbyists are subject to the sanctions provided in the Act. Until a complete Report is filed, the lobbyist will be assessed a late fee of $10.00 per day up to a maximum of $250.00. A lobbyist may not lobby until the missing report is filed and the fine is paid. The Ethics Commission sends a list to the clerks of the Senate and House of all lobbyists suspended for failure to file a report, and suspended lobbyists' names are listed on the Commission’s website.
10. Are lobbyists responsible for filing Lobbyist Activity Reports by each
deadline even if they do not receive a blank form from the Commission?
Yes. Lobbyists are personally responsible for filing reports on time and keeping their email and U.S. Mail addresses on file with the Ethics Commission up to date. All lobbyist forms, including Lobbyist Activity Reports for each year, are on this website. Reports are due on January 15, May 15, and September 15 of each year.
11. Does the Ethics Commission ever waive or reduce fees for late filing of
Lobbyist Activity Reports?
Yes. 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.
12. Are lobbyists required to report political contributions or contributions
made to a PAC?
Political contributions made to state candidates who are incumbents and to candidates who have won the general election for state office must be reported. A lobbyist’s personal political contributions (those for which he/she is not reimbursed by an employer) also must be reported. Political Action Committee (PAC) contributions need not be reported on the lobbyist's reports.
13. Is a dinner I am planning for legislators from my part of the state
considered “group entertainment”? How should it be reported? Do the
names of all attendees need to be listed?
This is not considered “group entertainment” as defined in the Act even though the lobbyist will be entertaining a group of people. The expenses for this occurrence must be reported on Schedule A to the Lobbyist Activity Report as a “Meals & Beverages” expenditure. The names of all legislators who attend the function must be listed.
14. If a lobbyist took a legislator out to lunch and spent $20 on the total bill for
himself and the legislator, how much should be reported?
The lobbyist must report only the amount spent on the legislator (plus the appropriate portion of the tip). The name of the legislator must be listed on Schedule A to the Lobbyist Activity Report.
15. If a lobbyist takes three legislators to lunch and is unsure of exactly how
much of the bill is attributable to each legislator, how is this reported?
The lobbyist needs to calculate the total amount spent on the legislators and divide that amount by three. The lobbyist would then list each legislator and the amount spent on all three legislators on Schedule A to the Lobbyist Activity Report.
16. If a lobbyist takes a legislator, her spouse, and her close friend to dinner,
how is this reported?
On Schedule A to the Lobbyist Activity Report, he would list this as "Legislator X, spouse, and guest." The legislator must be identified by name, but her spouse and guest need not be.
17. Must tips be reported?
Yes.
18. May a lobbyist take a legislator golfing during a conference which
both are attending?
No, unless the cost is less than $25.00. The same rule applies to sporting events. A public official may accept a ticket in excess of $25.00 to a sporting event only when he has a ceremonial duty. (For example, crowning the homecoming queen at a football game is considered a ceremonial duty.) Lobbyists must report the gifts on their reports.
19. May lobbyists file amended Lobbyist Activity Reports if they forget to
report something?
Yes. Amended reports may be filed within a reasonable time of the discovery of an omission. There are no late fees associated with amended forms.