senate Bill S1847

2011-2012 Legislative Session

Prohibits the use of official position for political fundraising

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Sponsored By

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 - 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 - Summary

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.

S1847 - Sponsor Memo

S1847 - Bill Text download pdf

                    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

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