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S06920 Summary:

BILL NOS06920
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Add §§195.30 & 195.35, Pen L
 
Prohibits conduct in an official capacity in connection with the award of a public contract or public grant that is intended to confer an undisclosed benefit on a public servant, a person with whom a public servant has a business or other financial relationship.
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S06920 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6920
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 26, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- 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:

     1    Section  1. The penal law is amended by adding two new sections 195.30
     2  and 195.35 to read as follows:
     3  § 195.30 Undisclosed self-dealing in the second degree.
     4    A person is guilty of undisclosed self-dealing in  the  second  degree
     5  when,  being  a  public  servant,  such  person intentionally engages in
     6  conduct or a course of conduct in their official capacity in  connection
     7  with  the  award of a public contract or public grant or other effort to
     8  obtain or retain public business or public funds  that  is  intended  to
     9  confer  an  undisclosed benefit on themself, a spouse, domestic partner,
    10  child, parent, or sibling of the public servant, a person  with  whom  a
    11  public servant has a business or other financial relationship, or a firm
    12  in  which  the  public  servant  has a present or potential interest and
    13  thereby obtains or attempts to obtain a benefit for themself, a  spouse,
    14  domestic  partner,  child,  parent,  or sibling of the public servant, a
    15  person with whom a public servant has  a  business  or  other  financial
    16  relationship,  or  a  firm  in which the public servant has a present or
    17  potential interest with a value in excess of three thousand  dollars.  A
    18  benefit is disclosed if its existence is made known prior to the alleged
    19  wrongful  conduct  to  either  (i)  the  relevant  state or local ethics
    20  commission or (ii) the official responsible  for  the  public  servant's
    21  appointment to their position, provided that person is not a participant
    22  in the alleged wrongful conduct.
    23    Undisclosed self-dealing in the second degree is a class D felony.
    24  § 195.35 Undisclosed self-dealing in the first degree.
    25    A  person  is  guilty  of undisclosed self-dealing in the first degree
    26  when, being a public  servant,  such  person  intentionally  engages  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05599-01-5

        S. 6920                             2
 
     1  conduct  or a course of conduct in their official capacity in connection
     2  with the award of a public contract or public grant or other  effort  to
     3  obtain  or  retain  public  business or public funds that is intended to
     4  confer  an  undisclosed benefit on themself, a spouse, domestic partner,
     5  child, parent, or sibling of the public servant, a person  with  whom  a
     6  public servant has a business or other financial relationship, or a firm
     7  in  which  the  public  servant  has a present or potential interest and
     8  thereby obtains or attempts to obtain a benefit for themself, a  spouse,
     9  domestic  partner,  child,  parent,  or sibling of the public servant, a
    10  person with whom a public servant has  a  business  or  other  financial
    11  relationship,  or  a  firm  in which the public servant has a present or
    12  potential interest with a value in excess of  ten  thousand  dollars.  A
    13  benefit is disclosed if its existence is made known prior to the alleged
    14  wrongful  conduct  to  either  (i)  the  relevant  state or local ethics
    15  commission or (ii) the official responsible  for  the  public  servant's
    16  appointment to their position, provided that person is not a participant
    17  in the alleged wrongful conduct.
    18    Undisclosed self-dealing in the first degree is a class C felony.
    19    § 2. This act shall take effect immediately.
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