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.
STATE OF NEW YORK
________________________________________________________________________
53
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
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:
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 § 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04150-01-9
S. 53 2
1 § 3. The penal law is amended by adding two new sections 200.28 and
2 200.29 to read as follows:
3 § 200.28 Unlawful use of an official position in the first degree.
4 A person is guilty of unlawful use of an official position in the
5 first degree when he or she knowingly attempts to exploit or otherwise
6 uses his or her official position or information gained by virtue of
7 that position as an officer or employee of a state agency to engage in
8 political fundraising, or for the purpose of asking for or requesting
9 political contributions.
10 Unlawful use of an official position in the first degree is a class E
11 felony.
12 § 200.29 Unlawful use of an official position in the second degree.
13 A person is guilty of unlawful use of an official position in the
14 second degree when he or she is an officer or employee of a state agency
15 who holds the position of commissioner, director, superintendent, chair,
16 board member, executive director, president, chief administrator or
17 other position of ultimate agency responsibility and he or she knowingly
18 solicits political contributions on behalf of any candidate for public
19 office or a political committee, or knowingly permits his or her name to
20 be used for political fundraising.
21 Unlawful use of an official position in the second degree is a class A
22 misdemeanor.
23 § 4. This act shall take effect immediately; provided that section
24 three of this act shall take effect on the first of November next
25 succeeding the date on which it shall have become a law.
