S T A T E O F N E W Y O R K
________________________________________________________________________
9011
2009-2010 Regular Sessions
I N A S S E M B L Y
June 19, 2009
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Introduced by M. of A. ABBATE -- (at request of the Governor) -- read
once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to unlawful acts in
respect to examinations and establishing a civil penalty for
violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 50 of the civil service law, as
added by chapter 445 of the laws of 1991, is amended to read as follows:
11. Unlawful acts in respect to examinations administered pursuant to
this chapter. A person who shall:
(a) Impersonate, or attempt to or offer to impersonate, another person
in taking an examination held pursuant to this chapter; or
(b) Take, or attempt to take or offer to take such an examination in
the name of any other person; or
(c) Procure or attempt to procure any other person to falsely imperso-
nate him or her or to take, or attempt to take or offer to take, any
such examination in his or her name; or
(d) Have in his or her possession any questions or answers relating to
any such examination, or copies of such questions or answers, unless
such possession is duly authorized by the appropriate authorities; or
(e) Sell or offer to sell questions or answers prepared for use in any
such examination; or
(f) Use in any such examination any questions or answers secured prior
to the administration of the examination or secure the questions or
secure or prepare the answers to the examination questions prior to the
administration of the examination, unless duly authorized to do so by
the appropriate authorities; or
(g) Disclose or transmit to any person the questions or answers to
such examination prior to its administration, or destroy, falsify or
conceal the records or results of such examination from the appropriate
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12068-03-9
A. 9011 2
authorities to whom such records are required to be transmitted in
accordance with this chapter, unless duly authorized to do so by the
appropriate authorities; OR
(H) DEVELOP OR INDUCE OR ATTEMPT TO INDUCE ANY OTHER OFFICER OR
EMPLOYEE TO DEVELOP A PROFILE FOR A POSITION-SPECIFIC EXAMINATION BASED
SOLELY ON HIS OR HER EDUCATION OR EXPERIENCE OR THE EDUCATION AND EXPE-
RIENCE OF ANY KNOWN CANDIDATE OR CANDIDATES; OR
(I) SUBMIT A FALSE CERTIFICATION, WHERE SUCH CERTIFICATION IS REQUIRED
BY THE DEPARTMENT; OR
(J) OBTAIN OR ATTEMPT TO OBTAIN OR AID OR ABET BY ANY MANIPULATIVE OR
DECEPTIVE DEVICE AN APPOINTMENT OR PROMOTION FOR ANY PERSON TO WHICH HE
OR SHE IS NOT ENTITLED UNDER THIS CHAPTER;
shall be guilty of a class A misdemeanor punishable by a sentence of
imprisonment of six months or a fine of one thousand dollars, or both.
Additionally, a person who is found by the state civil service depart-
ment or municipal commission to have violated this section shall be
disqualified from appointment to the position for which the examination
is being held and may be disqualified from being a candidate for any
civil service examination for a period of five years.
S 2. Section 50 of the civil service law is amended by adding a new
subdivision 12 to read as follows:
12. IN ADDITION TO THE PENALTY PRESCRIBED IN SUBDIVISION ELEVEN OF
THIS SECTION: (A) WHERE THE DEPARTMENT FINDS THAT AN OFFICER OR EMPLOYEE
HAS VIOLATED SUBDIVISION ELEVEN OF THIS SECTION, OR A RULE OR REGULATION
PROMULGATED THEREUNDER, THE DEPARTMENT MAY BY AN ORDER WHICH SHALL
DESCRIBE PARTICULARLY THE NATURE OF THE VIOLATION AND PROVIDE AN OPPOR-
TUNITY TO BE HEARD THEREON, ASSESS THE OFFICER OR EMPLOYEE A CIVIL
PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR SUCH VIOLATION. SUCH
PENALTY SHALL BE PAID TO THE DEPARTMENT FOR DEPOSIT IN THE TREASURY OF
THE STATE. IN ASSESSING THE AMOUNT OF THE PENALTY, THE DEPARTMENT SHALL
GIVE DUE CONSIDERATION TO THE PARTICULAR CIRCUMSTANCES OF THE VIOLATION
INCLUDING BUT NOT LIMITED TO WHETHER THE VIOLATION WAS KNOWING, INTEN-
TIONAL AND/OR WILLFUL, WHETHER THE VIOLATION WAS DONE ALONE OR IN COOP-
ERATION WITH OTHERS, THE HISTORY OF PREVIOUS VIOLATIONS, ANY ATTEMPT TO
HIDE THE VIOLATION AND THE GRAVITY OF THE VIOLATION.
(B) ANY ORDER ISSUED UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
DEEMED A FINAL ORDER OF THE DEPARTMENT AND NOT SUBJECT TO REVIEW BY ANY
COURT OR AGENCY UNLESS THE OFFICER OR EMPLOYEE FILES A TIMELY PETITION
WITH THE COMMISSION FOR A REVIEW OF THE ORDER, PURSUANT TO SUBDIVISION
FIVE OF SECTION SIX OF THIS CHAPTER.
(C) PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW
SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING
SHALL HAVE EXPIRED, THE DEPARTMENT MAY FILE WITH THE COUNTY CLERK OF THE
COUNTY WHERE THE OFFICER OR EMPLOYEE RESIDES THE ORDER OF THE DEPARTMENT
CONTAINING THE AMOUNT OF THE CIVIL PENALTY. THE FILING OF SUCH ORDER
SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE
OFFICE OF SUCH CLERK. THE ORDER MAY BE ENFORCED BY AND IN THE NAME OF
THE DEPARTMENT IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT
PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A
MONEY JUDGMENT.
S 3. This act shall take effect immediately.