S T A T E   O F   N E W   Y O R K
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                                  7392

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 2, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Governmental 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.
  S 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.
  S 3. The penal law is amended by adding two new  sections  200.28  and
200.29 to read as follows:
S 200.28 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09273-01-9
              

A. 7392                             2

  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.
S 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.
  S 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.