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

                                  5977

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M.  of  A.  BURLING,  MOLINARO,  DUPREY, KOLB, CASTELLI,
  D. MILLER, McLAUGHLIN, CALHOUN --  Multi-Sponsored  by  --  M.  of  A.
  BARCLAY,  GIGLIO,  HAWLEY,  HAYES, JORDAN, McDONOUGH, MONTESANO, OAKS,
  PALMESANO, RABBITT, RAIA, SAYWARD, TEDISCO, THIELE --  read  once  and
  referred to the Committee on Governmental Operations

AN ACT to amend the public officers law, in relation to political use of
  state aircraft by certain state officers and employees

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

  Section 1. Subdivision 18 of section 73 of the public officers law, as
amended by chapter 14 of the laws of 2007, is renumbered subdivision  19
and amended and a new subdivision 18 is added to read as follows:
  18.  NO  STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER
OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE MAY USE OR DIRECT THE USE  OF
STATE AIRCRAFT FOR POLITICAL PURPOSES.
  19.  In  addition  to  any penalty contained in any other provision of
law, any person who knowingly and intentionally violates the  provisions
of  subdivisions  two  through  five,  seven,  eight, twelve or fourteen
through [seventeen] EIGHTEEN of this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars and the  value
of  any  gift,  compensation  [or],  benefit  [received] OR USE OF STATE
AIRCRAFT in connection with such  violation.    Assessment  of  a  civil
penalty  hereunder shall be made by the state oversight body with juris-
diction over such person. A state oversight body acting pursuant to  its
jurisdiction,  may,  in  lieu  of  a  civil  penalty,  with respect to a
violation of subdivisions two through five, seven [or], eight  OR  EIGH-
TEEN  of  this section, refer a violation of any such subdivision to the
appropriate prosecutor and upon such conviction such violation shall  be
punishable as a class A misdemeanor.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03413-01-1