NEW YORK
TEMPORARY STATE COMMISSION
ON LOBBYING

OPINION NO. 47 (02-2)

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FACTS

An Individual, who is included as an additional lobbyist on a lobbyist registration on file with the New York Temporary State Commission on Lobbying, undertakes lobbying activities for an unincorporated organization on a pro bono basis and is personally interested in the issue of this group.

ISSUE

Must an individual, listed as an additional lobbyist for a firm registered as a lobbying organization in New York and receiving in excess of $2,000 in the aggregate for all of its lobbying activities, register when said individual engages in lobbying activity of behalf of a client, as such is defined in the Act and Advisory Opinion, without receiving compensation from the client, who is representing his own interest and that of the Group?

DISCUSSION AND HOLDING

When a registered lobbyist or an individual included as an additional lobbyist on a lobbyist registration (the registration itself creates the assumption of $2,000 of compensation and/or expenses for the year in the aggregate; see § 1-e (a)(i) of the New York State Lobbying Act) undertakes an activity for a group or individually that could be defined as "lobbying", as that term is described in the statute (§ 1-C (c) of the New York State Lobbying Act), then that conduct is lobbying and a lobbyist registration for this new "client" is required. Further, the client must file a client semi-annual report covering the period of representation. The fact that the group is not a business, not incorporated nor has other legal identity does not relieve it or its members from the requirements to file per The Commission's prior Opinion regarding Coalitions (Advisory Opinion No. 42 (00-1)). The further fact that this lobbyist is acting pro bono for this client does not relieve him from registering if that lobbyist has aggregate compensation and expenses for all of his clients in excess of $2,000. (See § 7A (6) of the New York Temporary State Commission on Lobbying Guidelines to the Lobbying Act.)

APPROVED BY COMMISSION: MAY 29, 2002

CONCURRING: PATRICK J. BULGARO, CHAIR; STEWART C. WAGNER, VICE CHAIR; ALBERT S. CALLAN, MEMBER; BARTLEY F. LIVOLSI, MEMBER; JOSEPH A. DUNN, MEMBER; RONALD J. AIELLO, MEMBER.

/S/
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PATRICK J. BULGARO
Chairman


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