Proposed 2017 Legislative Amendments

This proposal would amend paragraph (b) of subdivision 9-a of section 94 of the Executive Law to allow for greater public disclosure of information.

This proposal would amend section 1-o of Legislative Law Article 1-A by adding a new subdivision (e) to make it a class E felony to offer a false statement or report to the commission with the intent to defraud the state, and subject such person to a civil penalty of the greater of seventy-five thousand dollars or an amount equal to ten times the value of any compensation or benefit received as a result of the violation.

This proposal would amend subdivision 1-s of Legislative Law Article 1-A by adding new paragraphs (b), (c), (d), (e), and (f) to create a mandatory electronic filing system administered by the Commission for all lobbyist, client, and public corporation registration statements and reports.

This proposal would amend subdivision 2 of section 73-a of the Public Officers Law by adding a new paragraph (l) to create a mandatory electronic filing system administered by the Commission for all financial disclosure statements.

This proposal would amend subdivision 1-c of and add a new subdivision 1-u to Legislative Law Article 1-A for purposes of disclosing lobbyist filing of campaign contributions, solicitations of contributions, and political consulting.

This proposal would amend subdivisions 1-h and 1-j of Legislative Law Article A-1 by adding new paragraphs to provide for greater transparency for source of funding that is disclosed to the Commission in bimonthly reports for certain lobbyists and semi-annual reports of clients. It also provides for additional penalties in subdivision 1-o for concealing sources of funding which includes a civil penalty for each violation, in an amount not to exceed the greater of twenty-five thousand dollars or three times the amount the person unlawfully contributed, enabled, facilitated, or received.

This proposal would amend subdivision 14 of section 94 of the Executive Law and subdivision 4 of section 74 of the Public Officers Law to broaden the availability of civil penalties for violations of the Code of Ethics.

This proposal would amend subdivision 14 of section 94 of the Executive Law to include accomplice liability for any violation of the Public Officers Law, Civil Service Law, and Legislative Law under the jurisdiction of the Commission.

This proposal would amend subdivision (b) of section 1-o of Legislative Law Article 1-A by adding a new paragraph (vii) to include a civil penalty of up to ten thousand dollars for any lobbyist or client who knowingly and willfully fails to comply with Commission requests during a random audit.

This proposal would amend subdivisions 1-e, 1-h, 1-i, and 1-j of the Legislative Law Article 1-A to expand the period for the retention of records by a lobbyist from a period of three years to three biennial registration periods following the biennial registration period for which the statement is filed (at least six years). It also increases the threshold for compensation and expenses that require retention of records from fifty dollars to seventy-five dollars.

This proposal would amend section 1-o of Legislative Law Article 1-A to provide for the potential debarment of any lobbyist or client who fails to file a required statement or report, files a false statement, or violates the prohibition on gifts to public officials. The provision increases the potential period of debarment, extends the period during which a subsequent violation may trigger debarment, increases the qualifying offenses which can prohibit initial or future lobbyist registration, and adds factors the Commission may consider in assessing monetary or debarment penalties.

This proposal would amend subdivision (a) of section 1-k of the Legislative Law Article 1-A to clarify that the contingent retainer prohibition applies to agreements with third parties.

This proposal would repeal paragraph (iii) of subdivision (c) of section 1-o of Legislative Law Article 1-A that allows for a 15-day period in which any lobbyist, public corporation, or client, who has not previously been subject to a notice of intent to assess a penalty by the Commission, may file a statement of registration or report to avoid being subject to a penalty.

This provision amends subdivisions 18 and 19 of section 94 of the Executive Law to provide for more public disclosure of commission records by making records available for public inspection and copying pursuant to the Freedom of Information Law and by subjecting the Commission to New York’s “Open Meetings Law.”

This proposal would amend paragraph (c) of subdivision 13 of Executive Law 94 to increase the period of time in which the Commission may initiate enforcement actions. Currently, the Commission has jurisdiction for only one year after the subject’s departure from state service or termination from party service or candidacy, and one year from the subject’s last filing made pursuant to the Lobbying Act. The proposal would extend the Commission’s jurisdiction over a subject to two years. In addition, the proposed change allows for the tolling of any period of time during which another state or law enforcement agency investigating the matter requests that the Commission refrain from bringing an action. The added provision allows the Commission to work cooperatively with other investigating agencies without jeopardizing its own jurisdiction.

The proposal would amend section 1-o of the Legislative Law to permit the Commission to consider past Lobbying Act violations by an organization associated with an individual, when assessing penalties against that individual for subsequent violations of the Act. The amendment would also clarify that both the lobbying organization and the individual that engages in the proscribed act in the name of the organization can be held liable. These changes ensure that a record of violations follows the party responsible for those acts.

This proposal would amend subdivision 7 of section 73-a of the Public Officers Law to require the Office of Court Administration to share all information which is the subject of an application for an exemption from disclosing the name of a client or customer in response to FDS questions 8(b-1), 8(b-2), and 8(c) in response to a request or subpoena from the Commission.

This proposal would amend paragraph (h) of section 1-d of Legislative Law Article 1-A by changing the time period in which registered lobbyists have to complete online ethics training from three years to two years. A civil penalty of up to $10,000 may be imposed for failing to comply with online training course requirements.

This proposal would amend section 94 of the Executive Law by adding a new subdivision 13-a to create a penalty for making a false statement during the course of an investigation or during the review of an annual statement of financial disclosure by the commission. This proposal would also amend section 1-o of the Legislative Law by adding a new subdivision (e) to create a penalty for making a false statement during the course of the random audit program relating to reports or registration statements filed by clients and lobbyists. A violation would constitute a class A Misdemeanor.