S T A T E   O F   N E W   Y O R K
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                                  6855

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2009
                               ___________

Introduced  by  M. of A. GALEF -- Multi-Sponsored by -- M. of A. BOYLAND
  -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the legislative law and the election law, in relation to
  prohibiting certain functions in the county  of  Albany  whenever  the
  legislature is in session

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

  Section 1.  The legislative law is amended by  adding  a  new  section
1-m-1 to read as follows:
  S 1-M-1. CERTAIN FUNCTIONS PROHIBITED IN ALBANY COUNTY.  NOTWITHSTAND-
ING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, NO PERSON OR ENTITY SHALL
HOLD, PARTICIPATE IN, OR ATTEND A FUNCTION  DESIGNED  TO  SOLICIT  FUNDS
THAT  ARE  SUBJECT  TO THE REPORTING REQUIREMENTS OF ARTICLE FOURTEEN OF
THE ELECTION LAW IN THE COUNTY OF ALBANY WHENEVER THE LEGISLATURE IS  IN
SESSION.  THE FOREGOING SHALL NOT APPLY TO A STATEWIDE ELECTED OFFICIAL,
STATE  OFFICER OR EMPLOYEE, OR MEMBER OF THE LEGISLATURE, WHO REPRESENTS
OR HOLDS OFFICE IN THE COUNTY OF ALBANY.
  S 2. Subdivision (a) and paragraphs (i) and (iv) of subdivision (b) of
section 1-o of the legislative law, as added by chapter 14 of  the  laws
of 2007, are amended to read as follows:
  (a)  (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 OR ONE-M-ONE 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 OR ONE-M-ONE of this article,  after
having  previously  been  convicted  in  the preceding five years of the
crime described in paragraph (i) of this subdivision, shall be guilty of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01716-01-9
              

A. 6855                             2

a class E felony. Any lobbyist convicted of  or  pleading  guilty  to  a
felony under the provisions of this section 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.
  (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  OR  ONE-M-ONE 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.
  (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 OR ONE-M-ONE of this arti-
cle, after having been found by the commission to have  [knowing]  KNOW-
INGLY  and wilfully committed 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 paragraph (v) of subdivision (c) of section one-c of  this
article, for a period of one year.
  S  3.  Subdivision 3 of section 14-126 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
amended to read as follows:
  3. Any person who knowingly and willfully contributes, accepts or aids
or participates in the acceptance of a contribution in an amount exceed-
ing an applicable maximum specified in this article OR WHO KNOWINGLY AND
WILLFULLY  VIOLATES  THE PROVISIONS OF SECTION ONE-M-ONE OF THE LEGISLA-
TIVE LAW shall be guilty of a misdemeanor.
  S 4. This act shall take effect immediately.