senate Bill S7531

2013-2014 Legislative Session

Relates to undisclosed self-dealing

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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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May 15, 2014 referred to codes

S7531 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง195.30 & 195.35, Pen L

S7531 - Bill Texts

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Relates to undisclosed self-dealing.

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BILL NUMBER:S7531

TITLE OF BILL: An act to amend the penal law, in relation to
undisclosed self-dealing

PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish the crime of undisclosed self-dealing in the
first and second degrees, respectively a class C and a class D felony.
This would serve to provide a criminal penalty for public servants who
knowingly steer public contracts or grants to certain institutions or
organizations in order to benefit themselves or their families.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 195.30 to the penal law
establishing the crime of undisclosed self-dealing in the second
degree, establishes the definition of the crime, and provides that it
shall be a class D felony.

Section 1 of the bill also adds a new section 195.35 establishing the
crime of undisclosed self-dealing in the first degree, establishes the
definition of the crime, and provides that it shall be a class C
felony.

Section 2 provides that the act shall take effect immediately upon its
signing into law.

JUSTIFICATION:

As events over the past few years have shown, New York State has a
problem with public servants knowingly steering public grants and/or
contracts to certain institutions or organizations for their own
benefit or the benefit of their families. This is a clear breach of
public trust which corrupts the democratic process and wastes taxpayer
dollars.

This legislation would establish the crime of undisclosed
self-dealing, which would prohibit this practice in the state of New
York by establishing significant penalties for public servants who put
their pecuniary interests ahead of the welfare of the people of the
state of New York.

PRIOR LEGISLATIVE HISTORY:

New Legislation

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7531

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to undisclosed self-dealing

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

  Section  1. The penal law is amended by adding two new sections 195.30
and 195.35 to read as follows:
S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING  IN  THE  SECOND-DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF  OR  A  RELATIVE,  AND
THEREBY  OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR
A RELATIVE WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS.  A  BENEFIT
IS  DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONG-
FUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS  COMMISSION
OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO
HIS  OR  HER  POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT IN THE
ALLEGED WRONGFUL CONDUCT.
  UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING  IN  THE  FIRST  DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF  OR  A  RELATIVE,  AND
THEREBY  OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR
A RELATIVE WITH A VALUE IN EXCESS OF TEN THOUSAND DOLLARS. A BENEFIT  IS
DISCLOSED  IF  ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONGFUL
CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS  COMMISSION  OR
(II)  THE  OFFICIAL  RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15140-01-4

S. 7531                             2

HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A  PARTICIPANT  IN  THE
ALLEGED WRONGFUL CONDUCT.
  UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY.
  S 2. This act shall take effect immediately.

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