NY State Senate Bill 2023-S3452

Senate Bill S3452

2023-2024 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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Current Bill Status - In Senate Committee Ethics And Internal Governance 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, 2024	referred to ethics and internal governance
Jan 31, 2023	referred to ethics and internal governance

co-Sponsors

2023-S3452 (ACTIVE) - Details

Current Committee:: Senate Ethics And Internal Governance
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
2017-2018: S1073
2019-2020: S485
2021-2022: S2550

2023-S3452 (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.

2023-S3452 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3452

SPONSOR: RIVERA
 
TITLE OF BILL:

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 higher
level crimes from acting as a lobbyist for a period of three years from
the date of the conviction

 
PURPOSE:

Prohibits those who are 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 felo-
ny 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 if JCOPE, upon notice, determines such
criminal behavior to relate to their 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 lobby-
ists are lax. Recent events have outlined some gaping holes in these
regulations. Currently, New York State 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 indi-
vidual 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 the Joint
Commission on Public Ethics ("JCOPE") the discretion to suspend lobby-
ists from the practice if the crimes committed relate to such duties.

 
LEGISLATIVE HISTORY:

2013-2014: S940/ No Same as

2015-2016: S1359/ A7337 Pichardo

2017-2018: S1073/A6096 Pichardo

2019-2020: S485/A2147 Pichardo

2021-2022: S2550 Rivera

 
FISCAL IMPLICATIONS:

None to the state.

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

2023-S3452 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3452
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens. RIVERA, SERRANO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Ethics and Inter-
   nal Governance
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07028-01-3

 S. 3452                             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. 3452                             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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S3452

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Sponsored By

Gustavo Rivera