Section 1-O. Penalties

(a) (i) Any lobbyist, public corporation, or client
  who knowingly and wilfully fails to file timely a  report  or  statement
  required   by  this  section  or  knowingly  and  wilfully  files  false
  information or knowingly and wilfully violates  section  one-m  of  this
  article shall be guilty of a class A misdemeanor; and
    (ii)  any  lobbyist,  public  corporation, or client who knowingly and
  wilfully fails to file timely a report or  statement  required  by  this
  section  or  knowingly and wilfully files false information or knowingly
  and wilfully violates  section  one-m  of  this  article,  after  having
  previously  been  convicted  in  the  preceding  five years of the crime
  described in paragraph (i) of this subdivision, shall  be  guilty  of  a
  class E felony. Any lobbyist convicted of or pleading guilty to a felony
  under  the  provisions  of  this  section may be barred from acting as a
  lobbyist for a period of one year from the date of the  conviction.  For
  the  purposes  of  this subdivision, the chief administrative officer of
  any organization required to file a statement or  report  shall  be  the
  person responsible for making and filing such statement or report unless
  some other person prior to the due date thereof has been duly designated
  to make and file such statement or report.
    (b)(i)  A  lobbyist,  public  corporation, or client who knowingly and
  wilfully fails to file a statement or report within  the  time  required
  for the filing of such report or knowingly and wilfully violates section
  one-m  of this article shall be subject to a civil penalty for each such
  failure or violation,  in  an  amount  not  to  exceed  the  greater  of
  twenty-five thousand dollars or three times the amount the person failed
  to   report  properly  or  unlawfully  contributed,  expended,  gave  or
  received, to be assessed by the commission.
    (ii) A lobbyist, public  corporation,  or  client  who  knowingly  and
  wilfully  files  a false statement or report shall be subject to a civil
  penalty, in an amount not  to  exceed  the  greater  of  fifty  thousand
  dollars  or  five times the amount the person failed to report properly,
  to be assessed by the commission.
    (iii)(A) A lobbyist or client who knowingly and wilfully violates  the
  provisions  of subdivision one of section one-n of this article shall be
  subject to a civil penalty not to exceed ten  thousand  dollars  for  an
  initial violation.
    (B)  If,  after  a  lobbyist or client has been found to have violated
  subdivision one of section one-n of this article, a lobbyist  or  client
  knowingly  and  wilfully  violates  the provisions of subdivision one of
  section one-n of this article within four years  of  such  finding,  the
  lobbyist  or  client  shall  be subject to a civil penalty not to exceed
  twenty-five thousand dollars.
    (iv) Any lobbyist or client that knowingly and wilfully fails to  file
  a  statement  or  report within the time required for the filing of such
  report, knowingly and wilfully files a false  statement  or  report,  or
  knowingly  and  wilfully  violates  section one-m of this article, after
  having been found  by  the  commission  to  have  knowing  and  wilfully
  committed  such conduct or violation in the preceding five years, may be
  subject to a determination that the lobbyist  or  client  is  prohibited
  from  engaging  in  lobbying  activities,  as  that  term  is defined in
  paragraph (v) of subdivision (c) of section one-c of this article, for a
  period of one year.
    (v) Any lobbyist or client that  knowingly  and  wilfully  engages  in
  lobbying  activities,  as  that  term  is  defined  in  paragraph (v) of
  subdivision (c) of section one-c of this article, during the  period  in
  which  they are prohibited from engaging in lobbying activities, as that
  term is defined in paragraph (v) of subdivision (c) of section one-c  of
  this  article  pursuant  to  this  subdivision,  may  be  subject  to  a

  determination that the lobbyist or client is prohibited from engaging in
  lobbying activities, as  that  term  is  defined  in  paragraph  (v)  of
  subdivision  (c) of section one-c of this article, for a period of up to
  four  years, and shall be subject to a civil penalty not to exceed fifty
  thousand dollars, plus a civil penalty in an amount equal to five  times
  the  value  of any gift, compensation or benefit received as a result of
  the violation.
    (vi) A lobbyist, public  corporation,  or  client  who  knowingly  and
  wilfully  fails  to  retain their records pursuant to paragraph three of
  subdivision (c) of section one-e of this article,  subparagraph  (v)  of
  paragraph  five  of subdivision (b) of section one-h of this article, or
  paragraph five of subdivision (b) of section one-j of this article shall
  be subject to a civil penalty in an amount of two thousand  dollars  per
  violation to be assessed by the commission.
    (c)(i) Any assessment or order to debar shall be determined only after
  a  hearing  at  which  the  party  shall  be entitled to appear, present
  evidence and be heard. Any assessment or order to debar pursuant to this
  section may only be imposed after the commission sends by certified  and
  first-class  mail  written notice of intent to assess a penalty or order
  to debar and the basis for the penalty or order to debar. Any assessment
  may be recovered in an action brought by the attorney general.
    (ii) In assessing any fine or penalty pursuant to  this  section,  the
  commission shall consider: (A) as a mitigating factor that the lobbyist,
  public  corporation  or  client  has  not  previously  been  required to
  register, and (B) as an aggravating factor  that  the  lobbyist,  public
  corporation  or client has had fines or penalties assessed against it in
  the past. The amount of  compensation  expended,  incurred  or  received
  shall be a factor to consider in determining a proportionate penalty.
    (iii) Any lobbyist, public corporation or client who receives a notice
  of intent to assess a penalty for knowingly and wilfully failing to file
  a  report  or  statement pursuant to subdivision (b) of this section and
  who has never previously received a notice of intent to assess a penalty
  for failing to file a report or statement required  under  this  section
  shall  be  granted  fifteen  days  within which to file the statement of
  registration or report without being subject to the fine or penalty  set
  forth  in  subdivision  (b)  of  this  section. Upon the failure of such
  lobbyist, public corporation or client to file within such  fifteen  day
  period,  such lobbyist, public corporation or client shall be subject to
  a fine or penalty pursuant to subdivision (b) of this section.
    (d) All moneys recovered by the attorney general or  received  by  the
  commission  from  the  assessment  of civil penalties authorized by this
  section shall be deposited to the general fund.