Assembly Bill A9559

Signed By Governor
2009-2010 Legislative Session

Prohibits and criminalizes the use by certain public officers and employees of state property or resources for activities related to private business

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6439 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A9559 (ACTIVE) - Details

See Senate Version of this Bill:
S6439
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L; amd §195.20, Pen L

2009-A9559 (ACTIVE) - Summary

Prohibits and criminalizes the use by certain public officers and employees of state property, services or resources for activities related to private business or to a political campaign.

2009-A9559 (ACTIVE) - Sponsor Memo

2009-A9559 (ACTIVE) - Bill Text download pdf 

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

                                  9559

                          I N  A S S E M B L Y

                            January 18, 2010
                               ___________

Introduced  by  M. of A. SILVER, MAGNARELLI -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the public officers law, in relation to prohibiting  the
  use  by certain public officers and employees of property, services or
  other resources of the state for private business or other compensated
  non-governmental purposes; and to amend the penal law, in relation  to
  defrauding the government

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph d of subdivision 3 of section 74 of  the  public
officers law, as amended by chapter 1012 of the laws of 1965, is amended
to read as follows:
  d. No officer or employee of a state agency, member of the legislature
or legislative employee should use or attempt to use his OR HER official
position  to  secure unwarranted privileges or exemptions for himself OR
HERSELF or others, INCLUDING BUT NOT LIMITED TO, THE MISAPPROPRIATION TO
HIMSELF, HERSELF OR  TO  OTHERS  OF  THE  PROPERTY,  SERVICES  OR  OTHER
RESOURCES OF THE STATE FOR PRIVATE BUSINESS OR OTHER COMPENSATED NON-GO-
VERNMENTAL PURPOSES.
  S  2.  Section 195.20 of the penal law, as added by chapter 833 of the
laws of 1986, is amended to read as follows:
S 195.20 Defrauding the government.
  A person is guilty of defrauding the government when, being  a  public
servant or party officer, he OR SHE:
  (a)  engages  in  a scheme constituting a systematic ongoing course of
conduct with intent to:
  (I) defraud the state or a political subdivision of  the  state  or  a
governmental  instrumentality  within  the  state or to obtain property,
SERVICES OR OTHER RESOURCES from the state or a political subdivision of
the state or a governmental instrumentality within the state by false or
fraudulent pretenses, representations or promises [and]; OR
  (II) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE  OR  A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
SERVICES  OR  RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE

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

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