senate Bill S1847

2011-2012 Legislative Session

Prohibits the use of official position for political fundraising

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 13, 2011 referred to finance

Co-Sponsors

S1847 - Bill Details

See Assembly Version of this Bill:
A5906
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L; add §§200.28 & 200.29, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A7392

S1847 - Bill Texts

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Prohibits the use or exploitation of official position by an officer or employee of a state agency for political fundraising as a standard of ethics for state employees; makes unlawful use of official position, in the first or second degree, to engage in political fundraising a class E felony and class A misdemeanor, respectively.

view sponsor memo
BILL NUMBER:S1847

TITLE OF BILL:
An act
to amend the public officers law and the penal law, in relation to
prohibiting the use of an official position for political fundraising

PURPOSE:
To limit and guard against public officials using the information and
influence of their policymaking public positions to raise funds for
political candidates.

SUMMARY OF PROVISIONS:
The bill also adds two new paragraphs to section seventy-four of the
public officers law to prohibit officers and employees of a state
agency and other policy makers from using their public position or
information gained through that position to raise funds for political
candidates.

The bill also adds two new sections to the penal law making it illegal
for a person to exploit his or her official position in a state
agency or as a policy maker to solicit funds or allow his or her name
to be used to solicit funds for a political candidate. Criminal
penalties include a class A misdemeanor and a class E felony.

JUSTIFICATION:
This bill strengthens the limitations on certain state public officers
from using their position to raise funds for political candidates.
The measure attempts to strike at a widespread and corrosive practice
of public officials soliciting campaign contributions or support from
public employees or entities doing business with government. This
practice inevitably leads to a strong potential for abuse and one
that district attorneys should be able to curtail with a strong and
distinct statute. New York City has already enacted such limitations
and embodies recommendations of the New York State Commission on
Government Integrity as contained in its June 1989 report entitled
"The Midas Touch: Campaign Finance Practices of Statewide
Officeholders."

LEGISLATIVE HISTORY:
04/07/09 REFERRED TO FINANCE
01/06/10 REFERRED TO FINANCE

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately provided that section three of
this act shall take effect on the first of November next succeeding
the date on which it shall have become law.

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

                                  1847

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER,  KRUEGER  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the public officers law and the penal law,  in  relation
  to prohibiting the use of an official position for political fundrais-
  ing

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

  Section 1. It is the intent of this legislation to declare that public
officers have a responsibility to ensure that  their  conduct  will  not
violate  the  public  trust  placed  in  them. Public officers must make
certain that their conduct will not raise any  suspicions  or  give  the
impression that they are acting in violation of such public trust. It is
important  that  the legislature set forth the high standards of ethical
conduct to which public officials are expected to adhere.
  S 2. Subdivision 3 of section 74 of the public officers law is amended
by adding two new paragraphs j and k to read as follows:
  J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY SHALL ATTEMPT  TO  EXPLOIT
OR  OTHERWISE USE HIS OR HER OFFICIAL POSITION FOR THE PURPOSE OF ASKING
FOR OR REQUESTING POLITICAL CONTRIBUTIONS ON BEHALF OF ANY CANDIDATE FOR
PUBLIC OFFICE OR POLITICAL COMMITTEE, NOR SHALL SUCH OFFICER OR EMPLOYEE
USE ANY INFORMATION GAINED BY REASON OF HIS OR HER OFFICIAL POSITION FOR
THE PURPOSE OF ASKING FOR OR REQUESTING POLITICAL CONTRIBUTIONS.
  K. NO OFFICER OR EMPLOYEE OF A STATE AGENCY WHO HOLDS THE POSITION  OF
COMMISSIONER,  DIRECTOR,  SUPERINTENDENT, CHAIR, BOARD MEMBER, EXECUTIVE
DIRECTOR, PRESIDENT, CHIEF ADMINISTRATOR, OR OTHER POSITION OF  ULTIMATE
AGENCY RESPONSIBILITY SHALL SOLICIT POLITICAL CONTRIBUTIONS ON BEHALF OF
ANY CANDIDATE FOR PUBLIC OFFICE OR POLITICAL COMMITTEE, OR PERMIT HIS OR
HER NAME TO BE USED FOR POLITICAL FUNDRAISING.
  S  3.  The  penal law is amended by adding two new sections 200.28 and
200.29 to read as follows:
S 200.28 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00080-01-1

S. 1847                             2

  A PERSON IS GUILTY OF UNLAWFUL USE OF  AN  OFFICIAL  POSITION  IN  THE
FIRST  DEGREE  WHEN HE OR SHE KNOWINGLY ATTEMPTS TO EXPLOIT OR OTHERWISE
USES HIS OR HER OFFICIAL POSITION OR INFORMATION  GAINED  BY  VIRTUE  OF
THAT  POSITION  AS AN OFFICER OR EMPLOYEE OF A STATE AGENCY TO ENGAGE IN
POLITICAL  FUNDRAISING,  OR  FOR THE PURPOSE OF ASKING FOR OR REQUESTING
POLITICAL CONTRIBUTIONS.
  UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE IS A CLASS  E
FELONY.
S 200.29 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFUL USE OF AN OFFICIAL POSITION IN THE
SECOND DEGREE WHEN HE OR SHE IS AN OFFICER OR EMPLOYEE OF A STATE AGENCY
WHO HOLDS THE POSITION OF COMMISSIONER, DIRECTOR, SUPERINTENDENT, CHAIR,
BOARD MEMBER, EXECUTIVE  DIRECTOR,  PRESIDENT,  CHIEF  ADMINISTRATOR  OR
OTHER POSITION OF ULTIMATE AGENCY RESPONSIBILITY AND HE OR SHE KNOWINGLY
SOLICITS  POLITICAL  CONTRIBUTIONS ON BEHALF OF ANY CANDIDATE FOR PUBLIC
OFFICE OR A POLITICAL COMMITTEE, OR KNOWINGLY PERMITS HIS OR HER NAME TO
BE USED FOR POLITICAL FUNDRAISING.
  UNLAWFUL USE OF AN OFFICIAL POSITION IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
  S 4. This act shall take effect  immediately;  provided  that  section
three  of  this  act  shall  take  effect  on the first of November next
succeeding the date on which it shall have become a law.

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