senate Bill S940

Prohibits lobbyists who are convicted of or plead guilty to class D felonies or higher level crimes from acting as a lobbyist for a period of three years

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Prohibits lobbyists who are convicted of or plead guilty to class D felonies or higher level crimes from acting as a lobbyist for a period of three years from the date of the conviction; provides the authority to extend suspensions; entitles such lobbyist to a hearing upon application for suspension extension.

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Bill Details

Versions:
S940
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Legislative Law
Laws Affected:
Amd §1-o, Leg L
Versions Introduced in 2011-2012 Legislative Cycle:
S6533

Sponsor Memo

BILL NUMBER:S940

TITLE OF BILL:
An act
to amend the legislative law, in relation to prohibiting lobbyists who
are convicted of or plead guilty to class D felonies or higher level
crimes from acting as a lobbyist for a period of three years from the
date of the conviction

PURPOSE:
This bill would prohibit those convicted of a class D felony or higher
from lobbying for a period of three years. In addition, this bill
would allow the Joint Commission on Public Ethics ("JCOPE") to
suspend a lobbyist who has pled guilty or is convicted of a felony
for three years if the felony is deemed to substantially relate to
such person's duties or clients as a lobbyist.

SUMMARY OF PROVISIONS:
This bill amends section 1-o of the legislative
law to add a new section (a) that bars a person from lobbying for
three years if they are convicted of a class D felony or higher. The
bill would apply to all crimes across the board.

Amends section 1-o of the legislative law to add a new section (b)
that bars a person from lobbying for three years if they are
convicted of or plead guilty to a felony and JCOPE, upon notice
determines such criminal behavior to relate to his or her duties as a
lobbyist. The bill would apply to all crimes across the board. If a
final conviction or sentence is reduced or reversed on appeal, then
such lobbyist shall be able to re-register with the commission and
re-commence lobbying.

EXISTING LAW:
New legislation.

JUSTIFICATION:
In comparison to other states such as New Jersey and Nevada, New York
State's regulations on lobbying and those allowed to register as
lobbyists are lax.
Recent events have outlined some gaping holes in these regulations.
Currently, New York does not provide a mechanism for the suspension or
outright prohibition of lobbying when someone is convicted of serious
crimes, especially crimes that indicate a blatant lack of respect for
the law. Under current New York State law, an individual convicted of
certain felonies, incarcerated or on parole would be denied the right
to vote- and yet still retain the right to serve as a lobbyist. This
is an unfortunate loophole that this bill proposes to close by
prohibiting the practice of lobbying for those convicted of class D
felonies or higher. In addition this bill gives JCOPE
the discretion to suspend lobbyists from the practice if the crimes
committed relate to such duties.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:


None to the state.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   940

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RIVERA, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the legislative law, in relation to  prohibiting  lobby-
  ists who are convicted of or plead guilty to class D felonies or high-
  er  level crimes from acting as a lobbyist for a period of three years
  from the date of the conviction

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 1-o of the legislative law, as added by chapter 14
of the laws of 2007, is amended to read as follows:
  S 1-o. Penalties. (a) ANY LOBBYIST CONVICTED OF OR PLEADING GUILTY  TO
A  CLASS D FELONY OR HIGHER LEVEL CRIME SHALL BE BARRED FROM ACTING AS A
LOBBYIST FOR A PERIOD OF THREE YEARS FROM THE DATE OF THE CONVICTION.
  (B) UPON COMPLETION THE COMMISSION SHALL  RE-EVALUATE  THE  SUSPENSION
AND  DETERMINE  WHETHER OR NOT SUCH SUSPENSION SHOULD BE EXTENDED FOR AN
ADDITIONAL PERIOD OF TIME. IN NO EVENT SHALL SUCH EXTENSION BE FOR  MORE
THAN  TWO  MORE  YEARS.  ANY  LOBBYIST  WISHING  TO RE-REGISTER WITH THE
COMMISSION AND RE-COMMENCE HIS OR HER  PRACTICE  OF  LOBBYING  SHALL  BE
ENTITLED  TO  A  HEARING UPON APPLICATION TO DETERMINE IF THE SUSPENSION
SHOULD BE EXTENDED UNDER THIS SUBDIVISION.
  (C) (i) Any lobbyist, public corporation, or client who knowingly  and
wilfully  fails  to  file  timely a report or statement required by this
section or knowingly and wilfully files false information  or  knowingly
and wilfully violates section one-m of this article shall be guilty of a
class A misdemeanor; and
  (ii)  any  lobbyist,  public  corporation, or client who knowingly and
wilfully fails to file timely a report or  statement  required  by  this
section  or  knowingly and wilfully files false information or knowingly
and wilfully violates section one-m of this article, after having previ-
ously been convicted in the preceding five years of the crime  described

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01321-01-3

S. 940                              2

in paragraph (i) of this subdivision, shall be guilty of a class E felo-
ny.  Any  lobbyist convicted of or pleading guilty to a felony under the
provisions of this [section] SUBDIVISION may be barred from acting as  a
lobbyist  for  a period of one year from the date of the conviction. For
the purposes of this subdivision, the chief  administrative  officer  of
any  organization  required  to  file a statement or report shall be the
person responsible for making and filing such statement or report unless
some other person prior to the due date thereof has been duly designated
to make and file such statement or report.
  [(b)] (D) (i) A lobbyist, public corporation, or client who  knowingly
and  wilfully  fails  to  file  a  statement  or  report within the time
required for the  filing  of  such  report  or  knowingly  and  wilfully
violates  section  one-m  of  this  article  shall be subject to a civil
penalty for each such failure or violation, in an amount not  to  exceed
the  greater  of  twenty-five thousand dollars or three times the amount
the  person  failed  to  report  properly  or  unlawfully   contributed,
expended, gave or received, to be assessed by the commission.
  (ii)  A  lobbyist,  public  corporation,  or  client who knowingly and
wilfully files a false statement or report shall be subject to  a  civil
penalty,  in  an  amount  not  to  exceed  the greater of fifty thousand
dollars or five times the amount the person failed to  report  properly,
to be assessed by the commission.
  (iii)(A)  A lobbyist or client who knowingly and wilfully violates the
provisions of subdivision one of section one-n of this article shall  be
subject  to  a  civil  penalty not to exceed ten thousand dollars for an
initial violation.
  (B) If, after a lobbyist or client has been  found  to  have  violated
subdivision  one  of section one-n of this article, a lobbyist or client
knowingly and wilfully violates the provisions  of  subdivision  one  of
section  one-n  of  this  article within four years of such finding, the
lobbyist or client shall be subject to a civil  penalty  not  to  exceed
twenty-five thousand dollars.
  (iv)  Any lobbyist or client that knowingly and wilfully fails to file
a statement or report within the time required for the  filing  of  such
report,  knowingly  and  wilfully  files a false statement or report, or
knowingly and wilfully violates section one-m  of  this  article,  after
having been found by the commission to have knowing and wilfully commit-
ted  such  conduct  or  violation  in  the  preceding five years, may be
subject to a determination that the lobbyist  or  client  is  prohibited
from  engaging  in lobbying activities, as that term is defined in para-
graph (v) of subdivision (c) of section one-c of  this  article,  for  a
period of one year.
  (v)  Any  lobbyist  or  client  that knowingly and wilfully engages in
lobbying activities, as that term is defined in paragraph (v) of  subdi-
vision  (c) of section one-c of this article, during the period in which
they are prohibited from engaging in lobbying activities, as  that  term
is  defined in paragraph (v) of subdivision (c) of section one-c of this
article pursuant to this subdivision, may be subject to a  determination
that  the  lobbyist  or  client  is prohibited from engaging in lobbying
activities, as that term is defined in paragraph (v) of subdivision  (c)
of  section one-c of this article, for a period of up to four years, and
shall be subject to  a  civil  penalty  not  to  exceed  fifty  thousand
dollars, plus a civil penalty in an amount equal to five times the value
of  any  gift,  compensation  or  benefit  received  as  a result of the
violation.

S. 940                              3

  (vi) A lobbyist, public  corporation,  or  client  who  knowingly  and
wilfully  fails  to  retain their records pursuant to paragraph three of
subdivision (c) of section one-e of this article,  subparagraph  (v)  of
paragraph  five  of subdivision (b) of section one-h of this article, or
paragraph five of subdivision (b) of section one-j of this article shall
be  subject  to a civil penalty in an amount of two thousand dollars per
violation to be assessed by the commission.
  [(c)] (E) (i) Any assessment or order to  debar  shall  be  determined
only  after  a  hearing  at which the party shall be entitled to appear,
present evidence and be heard. Any assessment or order to debar pursuant
to this section may only be imposed after the commission sends by certi-
fied and first-class mail written notice of intent to assess  a  penalty
or  order  to debar and the basis for the penalty or order to debar. Any
assessment may be recovered in an action brought by the attorney  gener-
al.
  (ii)  In  assessing  any fine or penalty pursuant to this section, the
commission shall consider: (A) as a mitigating factor that the lobbyist,
public corporation or client has not previously been required to  regis-
ter,  and  (B) as an aggravating factor that the lobbyist, public corpo-
ration or client has had fines or penalties assessed against it  in  the
past. The amount of compensation expended, incurred or received shall be
a factor to consider in determining a proportionate penalty.
  (iii) Any lobbyist, public corporation or client who receives a notice
of intent to assess a penalty for knowingly and wilfully failing to file
a  report or statement pursuant to subdivision [(b)] (D) of this section
and who has never previously received a notice of  intent  to  assess  a
penalty  for  failing  to file a report or statement required under this
section shall be granted fifteen days within which to file the statement
of registration or report without being subject to the fine  or  penalty
set  forth in subdivision [(b)] (D) of this section. Upon the failure of
such lobbyist, public corporation or client to file within such  fifteen
day period, such lobbyist, public corporation or client shall be subject
to a fine or penalty pursuant to subdivision [(b)] (D) of this section.
  [(d)]  (F) All moneys recovered by the attorney general or received by
the commission from the assessment of civil penalties authorized by this
section shall be deposited to the general fund.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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