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A05886 Summary:

BILL NOA05886
 
SAME ASNo Same As
 
SPONSORDenDekker
 
COSPNSR
 
MLTSPNSR
 
Add 75-b, 76-a & 77-b, amd 77 & 78, Pub Off L
 
Relates to bribing a public officer and receiving bribes by a public officer; and to disqualifying those convicted of bribing a public officer or receiving a bribe from ever afterwards holding any state office.
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A05886 Actions:

BILL NOA05886
 
02/17/2017referred to governmental operations
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A05886 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5886
 
SPONSOR: DenDekker
  TITLE OF BILL: An act to amend the public officers law, in relation to bribing a public officer and receiving a bribe by a public officer   PURPOSE OR GENERAL IDEA OF BILL: This bill intends to forbid public officials from bribing or enticing another party.   SUMMARY OF PROVISIONS: Section one of this bill designates that a person, including public officers, or a person elected to public office, who gives or offers or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a public officer, or a person who has been elected to public office, upon any understand- ing that his or her official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or by both. Section two of this bill establishes that a public officer who receives any bribe shall be guilty of a class D felony. Section three of this bill postulates that public officers are liable to forfeiture of office. Section four of this bill describes unlawful fees and payments. Section five of this bill determines the certification of members, offi- cers, and employees. Section six of this bill provides that this act shall take effect imme- diately.   JUSTIFICATION: Bribes are calculated to influence and change the action of an individ- ual or group, synonymous with corruption. The public officers law outlaws a public officer from accepting a bribe, but it fails to mention anything about a public officer potentially bribing another party. A public officer may not receive a bribe; therefore, proper legislation must be implemented prohibiting public officials from offering a bribe. It does not matter if you are the person proposing the bribe, or the person who ultimately accepts it. Bribery in any shape or form is uneth- ical.   PRIOR LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
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