Senate Bill S500A

2015-2016 Legislative Session

Relates to undisclosed self-dealing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-S500 - Details

See Assembly Version of this Bill:
A5160
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§195.30 & 195.35, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7531
2017-2018: S124, A3668
2019-2020: S440, A2648
2021-2022: S993, A3690
2023-2024: S3160, A5068

2015-S500 - Summary

Relates to undisclosed self-dealing.

2015-S500 - Sponsor Memo

2015-S500 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   500

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to undisclosed self-dealing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 195.30
and 195.35 to read as follows:
S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN  THE  SECOND  DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF  OR  A  RELATIVE,  AND
THEREBY  OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR
A RELATIVE WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS.  A  BENEFIT
IS  DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONG-
FUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS  COMMISSION
OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO
HIS  OR  HER  POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT IN THE
ALLEGED WRONGFUL CONDUCT.
  UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING  IN  THE  FIRST  DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF  OR  A  RELATIVE,  AND
THEREBY  OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

2015-S500A (ACTIVE) - Details

See Assembly Version of this Bill:
A5160
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§195.30 & 195.35, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7531
2017-2018: S124, A3668
2019-2020: S440, A2648
2021-2022: S993, A3690
2023-2024: S3160, A5068

2015-S500A (ACTIVE) - Summary

Relates to undisclosed self-dealing.

2015-S500A (ACTIVE) - Sponsor Memo

2015-S500A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 500--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to undisclosed self-dealing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding two new sections  195.30
and 195.35 to read as follows:
S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY OF UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR A COURSE OF CONDUCT IN HIS OR HER  OFFICIAL  CAPACITY  IN  CONNECTION
WITH  THE  AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS  THAT  IS  INTENDED  TO
CONFER  AN  UNDISCLOSED  BENEFIT ON HIMSELF, HERSELF, A SPOUSE, DOMESTIC
PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON  WITH
WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
A  FIRM  IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
AND THEREBY OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT  FOR  HIMSELF,
HERSELF,  A  SPOUSE,  DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS  A  BUSINESS  OR
OTHER  FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE THOUSAND
DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR  TO
THE  ALLEGED  WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC  SERV-
ANT'S  APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
  UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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