NY State Senate Bill 2015-S1359

Senate Bill S1359

2015-2016 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Apr 28, 2015	defeated in investigations and government operations
Mar 20, 2015	notice of committee consideration - requested
Jan 12, 2015	referred to investigations and government operations

Votes

- Apr 28, 2015 - Investigations And Government Operations Committee Vote
  S1359
  
  4
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 28, 2015
      
      aye (4)
      
      Carlucci
      
      Diaz
      
      Hoylman-Sigal
      
      Squadron
      
      nay (5)
      
      Golden
      
      Marcellino
      
      Murphy
      
      Nozzolio
      
      O'Mara

co-Sponsors

2015-S1359 (ACTIVE) - Details

See Assembly Version of this Bill:: A7337
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Amd §1-o, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6533
2013-2014: S940
2017-2018: S1073, A6096
2019-2020: S485, A2147
2021-2022: S2550, A6029
2023-2024: S3452

2015-S1359 (ACTIVE) - 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.

2015-S1359 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1359

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.

2015-S1359 (ACTIVE) - Bill Text download pdf

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

                                  1359

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sens. RIVERA, SERRANO -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

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.
                                                           LBD05810-01-5

S. 1359                             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. 1359                             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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Senate Bill S1359

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Sponsored By

Gustavo Rivera