S T A T E O F N E W Y O R K
________________________________________________________________________
3319
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. GALEF, PAULIN, FRIEND, ORTIZ -- Multi-Sponsored
by -- M. of A. THIELE -- 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:
§ 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.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07698-01-7
A. 3319 2
crime described in paragraph (i) of this subdivision, shall be guilty of
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.
§ 3. Subdivision 4 of section 14-126 of the election law, as amended
by section 6 of subpart C of part H of chapter 55 of the laws of 2014,
is amended to read as follows:
4. Any person who knowingly and willfully fails to file a statement
required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of 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.
§ 4. This act shall take effect immediately.