New Bill Would Prohibit Lobbying by Lobbyists Convicted of Felonies

Senator Gustavo Rivera (D-Bronx) has introduced legislation (S.6533) that would prohibit lobbyists who are convicted of a class D felonies or higher offenses from lobbying for three years.  After the three year period has run, the individual could seek to re-register as a lobbyist with JCOPE.  JCOPE would have to “re-evaluate the suspension and determine whether or not to extend the suspension” for up to two years.

Though he is not mentioned by name in the sponsor’s memorandum in support, this proposal was almost certainly inspired by the recent guilty plea to tax evasion by former State Senator Nick Spano, who continues to lobby in Albany.  (He is scheduled to be sentenced in June.)

The idea behind the bill is an interesting one, although it seems to raise almost as many questions as it answers:

• Can a non-lobbyist who is convicted register to lobby post-conviction?  (It would appear so, as the bill would apply only to “any lobbyist convicted of or pleading guilty.”)
• How would JCOPE come to know of the conviction?  (The Spano matter was a highly publicized one, but what if it were not?)
• What standards would JCOPE apply to someone who is seeking re-instatement as lobbyist after having been convicted? (The bill is silent on this.)
• Would this bar even apply in the Spano matter?  (The bill refers to a “Class D felony or higher level crime,” but does not specify that it applies to federal offenses as well as state-level offenses.)