Bill Text: NY S02966 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Prohibits the use or exploitation of official position by an officer or employee of a state agency for political fundraising as a standard of ethics for state employees; makes unlawful use of official position, in the first or second degree, to engage in political fundraising a class E felony and class A misdemeanor, respectively.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S02966 Detail]

Download: New_York-2013-S02966-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2966
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2013
                                      ___________
       Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the public officers law and the penal law,  in  relation
         to prohibiting the use of an official position for political fundrais-
         ing
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. It is the intent of this legislation to declare that public
    2  officers have a responsibility to ensure that  their  conduct  will  not
    3  violate  the  public  trust  placed  in  them. Public officers must make
    4  certain that their conduct will not raise any  suspicions  or  give  the
    5  impression that they are acting in violation of such public trust. It is
    6  important  that  the legislature set forth the high standards of ethical
    7  conduct to which public officials are expected to adhere.
    8    S 2. Subdivision 3 of section 74 of the public officers law is amended
    9  by adding two new paragraphs j and k to read as follows:
   10    J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY SHALL ATTEMPT  TO  EXPLOIT
   11  OR  OTHERWISE USE HIS OR HER OFFICIAL POSITION FOR THE PURPOSE OF ASKING
   12  FOR OR REQUESTING POLITICAL CONTRIBUTIONS ON BEHALF OF ANY CANDIDATE FOR
   13  PUBLIC OFFICE OR POLITICAL COMMITTEE, NOR SHALL SUCH OFFICER OR EMPLOYEE
   14  USE ANY INFORMATION GAINED BY REASON OF HIS OR HER OFFICIAL POSITION FOR
   15  THE PURPOSE OF ASKING FOR OR REQUESTING POLITICAL CONTRIBUTIONS.
   16    K. NO OFFICER OR EMPLOYEE OF A STATE AGENCY WHO HOLDS THE POSITION  OF
   17  COMMISSIONER,  DIRECTOR,  SUPERINTENDENT, CHAIR, BOARD MEMBER, EXECUTIVE
   18  DIRECTOR, PRESIDENT, CHIEF ADMINISTRATOR, OR OTHER POSITION OF  ULTIMATE
   19  AGENCY RESPONSIBILITY SHALL SOLICIT POLITICAL CONTRIBUTIONS ON BEHALF OF
   20  ANY CANDIDATE FOR PUBLIC OFFICE OR POLITICAL COMMITTEE, OR PERMIT HIS OR
   21  HER NAME TO BE USED FOR POLITICAL FUNDRAISING.
   22    S  3.  The  penal law is amended by adding two new sections 200.28 and
   23  200.29 to read as follows:
   24  S 200.28 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03199-01-3
       S. 2966                             2
    1    A PERSON IS GUILTY OF UNLAWFUL USE OF  AN  OFFICIAL  POSITION  IN  THE
    2  FIRST  DEGREE  WHEN HE OR SHE KNOWINGLY ATTEMPTS TO EXPLOIT OR OTHERWISE
    3  USES HIS OR HER OFFICIAL POSITION OR INFORMATION  GAINED  BY  VIRTUE  OF
    4  THAT  POSITION  AS AN OFFICER OR EMPLOYEE OF A STATE AGENCY TO ENGAGE IN
    5  POLITICAL  FUNDRAISING,  OR  FOR THE PURPOSE OF ASKING FOR OR REQUESTING
    6  POLITICAL CONTRIBUTIONS.
    7    UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE IS A CLASS  E
    8  FELONY.
    9  S 200.29 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE SECOND DEGREE.
   10    A  PERSON  IS  GUILTY  OF  UNLAWFUL USE OF AN OFFICIAL POSITION IN THE
   11  SECOND DEGREE WHEN HE OR SHE IS AN OFFICER OR EMPLOYEE OF A STATE AGENCY
   12  WHO HOLDS THE POSITION OF COMMISSIONER, DIRECTOR, SUPERINTENDENT, CHAIR,
   13  BOARD MEMBER, EXECUTIVE  DIRECTOR,  PRESIDENT,  CHIEF  ADMINISTRATOR  OR
   14  OTHER POSITION OF ULTIMATE AGENCY RESPONSIBILITY AND HE OR SHE KNOWINGLY
   15  SOLICITS  POLITICAL  CONTRIBUTIONS ON BEHALF OF ANY CANDIDATE FOR PUBLIC
   16  OFFICE OR A POLITICAL COMMITTEE, OR KNOWINGLY PERMITS HIS OR HER NAME TO
   17  BE USED FOR POLITICAL FUNDRAISING.
   18    UNLAWFUL USE OF AN OFFICIAL POSITION IN THE SECOND DEGREE IS A CLASS A
   19  MISDEMEANOR.
   20    S 4. This act shall take effect  immediately;  provided  that  section
   21  three  of  this  act  shall  take  effect  on the first of November next
   22  succeeding the date on which it shall have become a law.