§ 1-16 Amnesty.
RCNY § 1-16
(a)Generally. On January 1, 2016, a six-month amnesty program shall commence pursuant to § 3-223(i) of the Lobbying Law.
(b)Eligibility.
(1)Amnesty will be available to: (i) any lobbyist who was required to have filed, but has never filed, a statement of registration pursuant to § 3-213 of the Lobbying Law at any time on or after December 10, 2006; or (ii) any client who was required to have filed, but has never filed, an annual report pursuant to § 3-217 of the Lobbying Law at any time on or after December 10, 2006.
(2)Parties who act as both lobbyist and client will be eligible for amnesty only in the capacity in which such party qualifies pursuant to subdivision (b) of this section. If the applicant qualifies as both a lobbyist and a client, the applicant shall be eligible for amnesty in both capacities.
(3)Amnesty will not be available to any lobbyist or client who is: (i) the subject of any pending criminal investigation relating to any violation of the Lobbying Law; or (ii) a party to any pending criminal litigation in any court of law relating to any violation of the Lobbying Law.
(c)Notice of Intent to Participate. Prior to January 1, 2016, a lobbyist or client may file a notice of intent to participate in the amnesty program on forms prescribed by the City Clerk. This filing entitles the lobbyist or client to the benefits provided by § 3-223(i)(2) of the Lobbying Law.
(i)Effect of Notice of Intent to Participate. (A) Once a notice of intent to participate is filed, the participant must comply with the Lobbying Law and file Reports immediately, if applicable. (B) The Clerk will not assess any late filing penalties or civil penalties against the participant for the period from December 10, 2006 to the date of the filing of the notice of intent to participate. Such late filing penalties and civil penalties will be waived if the participant files a written application for amnesty and complies with all applicable provisions of the Lobbying Law. (C) In order to qualify for amnesty, the participant must also file an application, as described in 51 RCNY § 1-16(d), between January 1, 2016 and June 30, 2016.
(d)Amnesty Requirements.
(e)Effect of Amnesty. If amnesty is granted, the City Clerk will waive any late filing and civil penalties that could be assessed against such lobbyist or client, as set forth in § 3-223 of the Lobbying Law, for the period from December 10, 2006 to the earlier of (i) the date the application was filed or (ii) the date the notice of intent was filed. Such lobbyist or client shall not be subject to any criminal penalties authorized by § 3-223 of the Lobbying Law, for the period from December 10, 2006 to the earlier of (i) the date the application was filed or (ii) the date the notice of intent was filed.
(f)Denial of Amnesty.
(4)Effect of Denial of Amnesty. If amnesty is denied, any applicable penalties will not be waived and the City Clerk may proceed with any administrative, civil or criminal action against the lobbyist or client. (Added City Record 10/5/2015, eff. 11/4/2015; amended City Record 11/25/2016, eff. 2/1/2017)
