NEW YORK
TEMPORARY STATE COMMISSION
ON REGULATION OF LOBBYING

OPINION NO. 2 (78-2)

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FACTS

A State agency has requested an attorney to volunteer his services on a task force that will develop a bulletin and regulations dealing with a particular industry. The task force consists of six to eight industry representatives. The attorney who will be participating in the preparation of the bulletin and regulations also represents clients in the particular industry involved.

The question presented to the Commission is whether volunteer service on the task force of a State agency by an attorney constitutes lobbying activity.

OPINION

Section 12(a)(2) of the Regulation of Lobbying Act exempts "the State of New York, or any officer, employee, counsel, or agent of the State, when acting in such official capacity;". In addition, Section 12(a)(1) also exempts "persons engaged in drafting of legislation, rules, regulations, or rates ...". In the case before us, the attorney will be engaged in drafting a bulletin and regulations at the request of and on behalf of a State agency and is, therefore, exempt from the provisions of the Act in connection with his volunteer services on the State task force.


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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