senate Bill S7531

2013-2014 Legislative Session

Relates to undisclosed self-dealing

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Sponsored By

Archive: Last Bill Status -


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

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Senate Actions - UPPERCASE
May 15, 2014 referred to codes

S7531 - Details

Law Section:
Penal Law
Laws Affected:
Add ยงยง195.30 & 195.35, Pen L

S7531 - Summary

Relates to undisclosed self-dealing.

S7531 - Sponsor Memo

S7531 - Bill Text download pdf

                    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.

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