§ 1-16 — Amnesty

§ 1-16 Amnesty.

(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. (1) To apply for amnesty, a lobbyist or client must file an application on forms prescribed by the City Clerk. The amnesty application must include: (i) the applicant's name and business address; (ii) a summary of the lobbying activities, fundraising activities, or political consulting activities performed by the lobbyist from January 1, 2015, to either (A) the date that the amnesty application was filed, or (B) the date the notice of intent to participate, as described in 51 RCNY § 1-16(c), was filed; and (iii) a certification stating: "All statements contained in the application are true, accurate and complete and are made under the penalty of perjury. In addition, it is understood that the Office of the City Clerk will act in reliance on the statements made in this application." (2) Submission of Application. Applications must be submitted by email, first-class mail or hand-delivery to the City Clerk's Address, Attention: Amnesty. Any applications submitted by email or hand-delivery must be received no later than 11:59 p.m. Eastern Standard Time on June 30, 2016. Any application submitted by first-class mail must be postmarked no later than June 30, 2016. (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. (1) Reasons for Denial. An applicant may be denied amnesty if: (i) the applicant is ineligible pursuant to 51 RCNY § 1-16(b); or (ii) the application does not contain the information required by 51 RCNY § 1-16(d). (2) Process of Denial. If the City Clerk determines that an applicant is not entitled to amnesty, the City Clerk will issue a written statement describing the reasons for such denial and will send the statement to the lobbyist or client as soon as practicable. (3) Pending Criminal Investigation. If the City Clerk determines that an applicant is not eligible for amnesty because such applicant is the subject of a pending criminal investigation or is a party to pending criminal litigation, and such criminal investigation or litigation does not result in any criminal liability, such applicant may re-file for amnesty as long as the amnesty program has not ended. The applicant must resubmit its original application, any requisite documentation, the letter from the City Clerk determining that the applicant is not eligible for amnesty, and evidence, satisfactory to the City Clerk, that the criminal investigation or liability did not result in any criminal liability. (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)