S T A T E O F N E W Y O R K
________________________________________________________________________
6305
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
___________
Introduced by M. of A. GORDON, GUNTHER, EDDINGTON, FIELDS, GALEF,
JAFFEE, SPANO -- Multi-Sponsored by -- M. of A. BENJAMIN, LATIMER,
MILLER -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the public officers law and the state finance law, in
relation to the use of state-owned or state-leased motor vehicles,
aircrafts or watercrafts, and reimbursement for the private use there-
of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 74 of the public officers law is
amended by adding a new paragraph j to read as follows:
J. NO STATE OFFICER, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OR ANY
OTHER EMPLOYEE OF THE STATE, SHALL USE STATE-OWNED OR STATE-LEASED MOTOR
VEHICLES, AIRCRAFTS OR WATERCRAFTS OTHER THAN IN THE CONDUCT OF STATE
BUSINESS, EXCEPT WHERE REIMBURSEMENT FOR THE PRIVATE USE THEREOF IS
TENDERED TO THE STATE IN ACCORDANCE WITH RULES TO BE PROMULGATED BY THE
STATE COMPTROLLER. REIMBURSEMENT TO THE STATE SHALL BE THE ACTUAL COST
OF THE BENEFIT RECEIVED FOR THE PRIVATE USE OF THE MOTOR VEHICLE,
AIRCRAFT OR WATERCRAFT.
S 2. Subdivision 4 of section 74 of the public officers law, as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
4. Violations. In addition to any penalty contained in any other
provision of law any such officer, member or employee who shall knowing-
ly and intentionally violate any of the provisions of this section may
be fined, suspended or removed from office or employment in the manner
provided by law. Any such individual who knowingly and intentionally
violates the provisions of paragraph b, c, d [or], i OR J of subdivision
three of this section shall be subject to a civil penalty in an amount
not to exceed ten thousand dollars and the value of any gift, compen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06396-01-9
A. 6305 2
sation or benefit received as a result of such violation. Any such indi-
vidual who knowingly and intentionally violates the provisions of para-
graph a, e or g of subdivision three of this section shall be subject to
a civil penalty in an amount not to exceed the value of any gift,
compensation or benefit received as a result of such violation.
S 3. Section 8 of the state finance law is amended by adding a new
subdivision 3-a to read as follows:
3-A. PROMULGATE RULES FOR THE REIMBURSEMENT OF THE STATE FOR THE
PRIVATE USE OF STATE-OWNED OR STATE-LEASED MOTOR VEHICLES, AIRCRAFTS OR
WATERCRAFTS BY STATE OFFICERS AND ANY OTHER STATE EMPLOYEES IN ACCORD-
ANCE WITH PARAGRAPH J OF SUBDIVISION THREE OF SECTION SEVENTY-FOUR OF
THE PUBLIC OFFICERS LAW.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.