N.Y. Regulation of Lobbying Act 1040/81 § 11: Contingent retainer

* § 11. Contingent retainer. No client shall retain or employ any

lobbyist for compensation, the rate or amount of which compensation in

whole or part is contingent or dependent upon the passage or defeat of

any legislative bill or the approval or veto of any legislation by the

governor, or the adoption or rejection of any code, rule or regulation

having the force and effect of law or the outcome of any rate making

proceeding by a state agency and no person shall accept such a retainer

or employment. A violation of this section shall be a class A

misdemeanor.

* NB Chapter 2 of the laws of 1999 repealed, effective January 1,

2000, the lobbying act as enacted by section 1 of chapter 1040 of the

laws of 1981. A new lobbying act was enacted as Article 1-A of the

legislative law.

Section 5 of such chapter 2 transfers all of the functions and powers

of the New York temporary state commission on lobbying created by such

chapter 1040 to the New York temporary state commission on lobbying

created by Article 1-A of the legislative law with respect to receiving

the periodic and annual reports required to be filed pursuant to

sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to

section 7 of such chapter 2, any action or proceeding commenced prior to

January 1, 2000 under the old lobbying act shall be continued,

prosecuted and defended pursuant to the old lobbying act as in effect on

December 31, 1999.

Because of these provisions, the Commission will continue to set out

the full text of the repealed lobbying act through December 31, 2000 in

order that lobbyists who were subject to the former lobbying act may be

adequately apprised of the responsibilities and obligations imposed upon

them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.