NEW YORK
TEMPORARY STATE COMMISSION
ON REGULATION OF LOBBYING

OPINION NO. 14 (78-14)

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FACTS

A lobbyist advises the Commission that his fees for lobbying services are fixed by the client and the lobbyist. The fee is paid at the end of the legislative session, taking into account the nature, type, and quantity of matters, the hours of time and effort expended, plus advice and guidance. There is no fee set before said lobbying activities are commenced and the lobbyist has been retained by the client in prior years.

The question presented to the Commission is whether, under the Regulation of Lobbying Act of 1977 (hereinafter referred to as the Act), a lobbyist is required to file a Statement of Registration on January 1 if the actual per hour lobbying fee is paid at the end of a legislative session.

OPINION

On the facts stated, the lobbyist should file a Statement of Registration by January 1 even though the amount of the fee to be earned is not ascertained at that time. The Act states that any person retained as a lobbyist on or before December 15 who "reasonably anticipates" that in the coming year they will expend, incur, or receive $1000 or more of reportable expenses must file a Statement of Registration by January 1. (Sec. 5(a)(2). He can use the past years as a guide to reasonably estimate his anticipated expenditures for the coming year.


APPROVED BY COMMISSION: October 6, 1978

CONCURRING: CHAIRMAN S. STANLEY KREUTZER, VICE CHAIRMAN OWEN McGIVERN, MARGARET C. ANDRONACO, D. CLINTON DOMINICK, DANIEL GUTMAN, and DAVID C. TAIT.

/S/
________________________________________

S. STANLEY KREUTZER
Chairman


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