NY State Senate Bill 2017-S121

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 04, 2017	referred to investigations and government operations

co-Sponsors

2017-S121 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §74, Pub Off L; add §§200.28 & 200.29, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1847
2013-2014: S2966
2015-2016: S510
2019-2020: S53

2017-S121 (ACTIVE) - Summary

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.

2017-S121 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S121

 TITLE OF BILL :

An act to amend the public officers law and the penal law, in relation
to prohibiting the use of an official position for political
fundraising

 PURPOSE :

To limit and guard against public officials using the information and
influence of their policymaking public positions to raise funds for
political candidates.

 SUMMARY OF PROVISIONS :

The bill adds two new paragraphs to section seventy-four of the public
officers law to prohibit officers and employees of a state agency and
other policy makers from using their public position or information
gained through that position to raise funds for political candidates.

The bill also adds two new sections to the penal law making it illegal
for a person to exploit his or her official position in a state agency
or as a policy maker to solicit funds or allow his or her name to be
used to solicit funds for a political candidate. Criminal penalties
include a class A misdemeanor and a class E felony.

 JUSTIFICATION :

This bill strengthens the limitations on certain state public officers
from using their position to raise funds for political candidates. The
measure attempts to strike at a widespread and corrosive practice of
public officials soliciting campaign contributions or support from
public employees or entities doing business with government. This
practice inevitably leads to a strong potential for abuse and one that
district attorneys should be able to curtail with a strong and
distinct statute. New York City has already enacted such limitations
and embodies recommendations of the New York State Commission on
Government Integrity as contained in its June 1989 report entitled
"The Midas Touch: Campaign Finance Practices of Statewide
Officeholders."

 LEGISLATIVE HISTORY :

S.510 of 2015-2016 (Hoylman): Died in Finance
A.5838 of 2015-2016 (Kavanagh): Died in Governmental Operations
S.2966 of 2013-2014 (Gipson): Died in Finance
A.2100 of 2013-2014 (Kavanagh): Died in Governmental Operations
S.1847 of 2011-2012 (Oppenheimer): Died in Finance
A.5906 of 2011-2012 (Kavanagh): Died in Governmental Operations
S.3961 of 2009-2010 (Oppenheimer): Died in Finance
A.7392 of 2009-2010 (Kavanagh): Died in Governmental Operations
S.3469 of 2007-2008 (Oppenheimer): Died in Finance
S.3850 of 2005-2006 (Oppenheimer): Died in Finance
S.3730 of 2003-2004 (Oppenheimer): Died in Finance
A.482 of 2003-2004 (Grannis): Died in Governmental Operations
S.4795 of 2001-2002 (Oppenheimer): Died in Finance
A.255 of 2001-2002 (Grannis): Died in Governmental Operations
S.57 of 1999-2000 (Oppenheimer): Died in Finance
A.1163 of 1999-2000 (Grannis): Died in Governmental Operations
S.3493 of 1997-1998 (Leichter): Died in Finance
A.946 of 1997-1998 (Grannis): Died in Governmental Operations
(1997)/Reported to Codes (1998)
S.5227 of 1995-1996 (Leichter): Died in Rules (1995)/Died in Finance
(1996)
A.9252 of 1996 (Grannis): Reported to Codes
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately provided that section three of
this act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2017-S121 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    121
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 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:
 
   Section 1. It is the intent of this legislation to declare that public
 officers  have  a  responsibility  to ensure that their conduct will not
 violate the public trust placed  in  them.  Public  officers  must  make
 certain  that  their  conduct  will not raise any suspicions or give the
 impression that they are acting in violation of such public trust. It is
 important that the legislature set forth the high standards  of  ethical
 conduct to which public officials are expected to adhere.
   § 2. Subdivision 3 of section 74 of the public officers law is amended
 by adding two new paragraphs j and k to read as follows:
   J.  NO  OFFICER OR EMPLOYEE OF A STATE AGENCY SHALL ATTEMPT TO EXPLOIT
 OR OTHERWISE USE HIS OR HER OFFICIAL POSITION FOR THE PURPOSE OF  ASKING
 FOR OR REQUESTING POLITICAL CONTRIBUTIONS ON BEHALF OF ANY CANDIDATE FOR
 PUBLIC OFFICE OR POLITICAL COMMITTEE, NOR SHALL SUCH OFFICER OR EMPLOYEE
 USE ANY INFORMATION GAINED BY REASON OF HIS OR HER OFFICIAL POSITION FOR
 THE PURPOSE OF ASKING FOR OR REQUESTING POLITICAL CONTRIBUTIONS.
   K.  NO OFFICER OR EMPLOYEE OF A STATE AGENCY WHO HOLDS THE POSITION OF
 COMMISSIONER, DIRECTOR, SUPERINTENDENT, CHAIR, BOARD  MEMBER,  EXECUTIVE
 DIRECTOR,  PRESIDENT, CHIEF ADMINISTRATOR, OR OTHER POSITION OF ULTIMATE
 AGENCY RESPONSIBILITY SHALL SOLICIT POLITICAL CONTRIBUTIONS ON BEHALF OF
 ANY CANDIDATE FOR PUBLIC OFFICE OR POLITICAL COMMITTEE, OR PERMIT HIS OR
 HER NAME TO BE USED FOR POLITICAL FUNDRAISING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02734-01-7

 S. 121                              2
 
   § 3. The penal law is amended by adding two new  sections  200.28  and
 200.29 to read as follows:
 § 200.28 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL USE OF AN OFFICIAL POSITION IN THE
 FIRST DEGREE WHEN HE OR SHE KNOWINGLY ATTEMPTS TO EXPLOIT  OR  OTHERWISE
 USES  HIS  OR  HER  OFFICIAL POSITION OR INFORMATION GAINED BY VIRTUE OF
 THAT POSITION AS AN OFFICER OR EMPLOYEE OF A STATE AGENCY TO  ENGAGE  IN
 POLITICAL  FUNDRAISING,  OR  FOR THE PURPOSE OF ASKING FOR OR REQUESTING
 POLITICAL CONTRIBUTIONS.
   UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE IS A CLASS  E
 FELONY.
 § 200.29 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL USE OF AN OFFICIAL POSITION IN THE
 SECOND DEGREE WHEN HE OR SHE IS AN OFFICER OR EMPLOYEE OF A STATE AGENCY
 WHO HOLDS THE POSITION OF COMMISSIONER, DIRECTOR, SUPERINTENDENT, CHAIR,
 BOARD MEMBER, EXECUTIVE  DIRECTOR,  PRESIDENT,  CHIEF  ADMINISTRATOR  OR
 OTHER POSITION OF ULTIMATE AGENCY RESPONSIBILITY AND HE OR SHE KNOWINGLY
 SOLICITS  POLITICAL  CONTRIBUTIONS ON BEHALF OF ANY CANDIDATE FOR PUBLIC
 OFFICE OR A POLITICAL COMMITTEE, OR KNOWINGLY PERMITS HIS OR HER NAME TO
 BE USED FOR POLITICAL FUNDRAISING.
   UNLAWFUL USE OF AN OFFICIAL POSITION IN THE SECOND DEGREE IS A CLASS A
 MISDEMEANOR.
   § 4. This act shall take effect  immediately;  provided  that  section
 three  of  this  act  shall  take  effect  on the first of November next
 succeeding the date on which it shall have become a law.

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Senate Bill S121

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2017-S121 (ACTIVE) - Details

2017-S121 (ACTIVE) - Summary

2017-S121 (ACTIVE) - Sponsor Memo

2017-S121 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S121

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Liz Krueger

2017-S121 (ACTIVE) - Details

2017-S121 (ACTIVE) - Summary

2017-S121 (ACTIVE) - Sponsor Memo

2017-S121 (ACTIVE) - Bill Text download pdf

Comments