This text of New York § 12 (Penalties) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 12. Penalties.
(a)Except as provided for in section ten of this\nact, any person or organization who knowingly and wilfully violates any\nprovision of this act, shall be guilty of a class A misdemeanor. For the\npurposes of this subdivision, the chief administrative officer of any\norganization required to file a statement or report shall be the person\nresponsible for making and filing such statement or report unless some\nother person prior to the due date thereof has been duly designated to\nmake and file such statement or report.\n (b) A person or organization who fails to file a statement or report\nwithin the time required for the filing of such report shall be subject\nto a civil penalty, in an amount not to exceed five thousand dollars, to\nbe assessed by the commission. Su
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* § 12. Penalties. (a) Except as provided for in section ten of this\nact, any person or organization who knowingly and wilfully violates any\nprovision of this act, shall be guilty of a class A misdemeanor. For the\npurposes of this subdivision, the chief administrative officer of any\norganization required to file a statement or report shall be the person\nresponsible for making and filing such statement or report unless some\nother person prior to the due date thereof has been duly designated to\nmake and file such statement or report.\n (b) A person or organization who fails to file a statement or report\nwithin the time required for the filing of such report shall be subject\nto a civil penalty, in an amount not to exceed five thousand dollars, to\nbe assessed by the commission. Such assessment may only be imposed after\nwritten notice of such failure and the expiration of a reasonable period\nwithin which to cure the failure. The amount of such assessment shall be\ndetermined only after a hearing at which the party shall be entitled to\nappear and be heard. Such assessment may be recovered in an action\nbrought by the attorney general.\n (c) There is hereby established in the custody of the state\ncomptroller a special fund to be known as the "Lobbying Act Enforcement\nFund". Such fund shall consist of all moneys recovered by the attorney\ngeneral or received by the commission from the assessment of civil\npenalties authorized by this section. Such moneys shall be deposited to\nthe credit of such fund and shall, in addition to any other moneys made\navailable for such purpose, be available to the commission generally for\nthe purpose of enforcing the provisions of the lobbying act. All\npayments from the lobbying act enforcement fund shall be made on the\naudit and warrant of the state comptroller on vouchers certified and\nsubmitted by the chairman of the commission or the executive director of\nthe commission if so designated by the chairman.\n * NB Chapter 2 of the laws of 1999 repealed, effective January 1,\n2000, the lobbying act as enacted by section 1 of chapter 1040 of the\nlaws of 1981. A new lobbying act was enacted as Article 1-A of the\nlegislative law.\n Section 5 of such chapter 2 transfers all of the functions and powers\nof the New York temporary state commission on lobbying created by such\nchapter 1040 to the New York temporary state commission on lobbying\ncreated by Article 1-A of the legislative law with respect to receiving\nthe periodic and annual reports required to be filed pursuant to\nsections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to\nsection 7 of such chapter 2, any action or proceeding commenced prior to\nJanuary 1, 2000 under the old lobbying act shall be continued,\nprosecuted and defended pursuant to the old lobbying act as in effect on\nDecember 31, 1999.\n Because of these provisions, the Commission will continue to set out\nthe full text of the repealed lobbying act through December 31, 2000 in\norder that lobbyists who were subject to the former lobbying act may be\nadequately apprised of the responsibilities and obligations imposed upon\nthem as continued by sections 5 and 7 of chapter 2 of the laws of 1999.\n