Senate Bill S6439

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 - 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-S6439 (ACTIVE) - Details

See Assembly Version of this Bill:
A9559
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L; amd §195.20, Pen L

2009-S6439 (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-S6439 (ACTIVE) - Sponsor Memo

2009-S6439 (ACTIVE) - Bill Text download pdf 

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

                                  6439

                            I N  S E N A T E

                            January 11, 2010
                               ___________

Introduced  by  Sens.  SQUADRON,  ADDABBO,  BRESLIN, ESPADA, C. JOHNSON,
  KRUEGER, MONTGOMERY, MORAHAN, ONORATO, OPPENHEIMER, SAMPSON,  SCHNEID-
  ERMAN,  SERRANO,  STAVISKY, STEWART-COUSINS, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

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

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

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