Legislation
SECTION 1-K
Contingent retainer
Legislative (LEG) CHAPTER 32, ARTICLE 1-A
§ 1-k. Contingent retainer. (a) 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:
(1) (A) the passage or defeat of any legislative bill or the approval
or veto of any legislation by the governor, (B) the terms, issuance,
modification or rescission of a gubernatorial executive order, (C) the
terms, approval or disapproval, or the implementation and administration
of tribal-state compacts, memoranda of understanding, or any other
tribal-state agreements and any state actions related to class III
gaming as provided in 25 U.S.C. 2701, or (D) 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;
(2)(A) the passage or defeat of any local law, ordinance, regulation
or resolution by any municipality or subdivision thereof, (B) the terms,
issuance, modification or rescission of an executive order issued by the
chief executive officer of a municipality, or (C) the adoption,
rejection or implementation of any rule, resolution or regulation having
the force and effect of a local law, ordinance or regulation or any rate
making proceeding by any municipality or subdivision thereof;
(3) any determination by a state agency, either house of the state
legislature, the unified court system, municipal agency or local
legislative body with respect to a governmental procurement or a grant,
loan or agreement involving the disbursement of public monies.
(b) No person shall accept such a retainer or employment. Any person
who violates this section shall be subject to a civil penalty not to
exceed the greater of ten thousand dollars or the value of the
contingent fee, and such violation shall be a class A misdemeanor.
lobbyist for compensation, the rate or amount of which compensation in
whole or part is contingent or dependent upon:
(1) (A) the passage or defeat of any legislative bill or the approval
or veto of any legislation by the governor, (B) the terms, issuance,
modification or rescission of a gubernatorial executive order, (C) the
terms, approval or disapproval, or the implementation and administration
of tribal-state compacts, memoranda of understanding, or any other
tribal-state agreements and any state actions related to class III
gaming as provided in 25 U.S.C. 2701, or (D) 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;
(2)(A) the passage or defeat of any local law, ordinance, regulation
or resolution by any municipality or subdivision thereof, (B) the terms,
issuance, modification or rescission of an executive order issued by the
chief executive officer of a municipality, or (C) the adoption,
rejection or implementation of any rule, resolution or regulation having
the force and effect of a local law, ordinance or regulation or any rate
making proceeding by any municipality or subdivision thereof;
(3) any determination by a state agency, either house of the state
legislature, the unified court system, municipal agency or local
legislative body with respect to a governmental procurement or a grant,
loan or agreement involving the disbursement of public monies.
(b) No person shall accept such a retainer or employment. Any person
who violates this section shall be subject to a civil penalty not to
exceed the greater of ten thousand dollars or the value of the
contingent fee, and such violation shall be a class A misdemeanor.