NY State Senate Bill 2017-S1073

Senate Bill S1073

2017-2018 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 06, 2017	referred to finance

co-Sponsors

2017-S1073 (ACTIVE) - Details

See Assembly Version of this Bill:: A6096
Current Committee:: Senate Finance
Law Section:: Legislative Law
Laws Affected:: Amd §1-o, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6533
2013-2014: S940
2015-2016: S1359, A7337
2019-2020: S485, A2147
2021-2022: S2550, A6029
2023-2024: S3452

2017-S1073 (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.

2017-S1073 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1073

 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.

 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 :

2013-2014: S940
2015-2016: S1359

 FISCAL IMPLICATIONS :

None to the state.

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

2017-S1073 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1073
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens. RIVERA, SERRANO -- 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:
   § 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
 in paragraph (i) of this subdivision, shall be guilty of a class E felo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02089-01-7

 S. 1073                             2
 
 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.
   (vi)  A  lobbyist,  public  corporation,  or  client who knowingly and
 wilfully fails to retain their records pursuant to  paragraph  three  of

 S. 1073                             3

 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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S1073

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Sponsored By

Gustavo Rivera