S T A T E O F N E W Y O R K
________________________________________________________________________
2648
2019-2020 Regular Sessions
I N A S S E M B L Y
January 24, 2019
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Introduced by M. of A. LAVINE, STECK, SIMON, GOTTFRIED, BUCHWALD, GALEF,
WALLACE, MONTESANO, FINCH, RAIA, PALUMBO -- Multi-Sponsored by -- M.
of A. CROUCH, HAWLEY, SCHIMMINGER, THIELE -- read once and referred
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:
§ 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, A SPOUSE, DOMESTIC
PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON WITH
WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
A FIRM IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
AND THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF,
HERSELF, A SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS A BUSINESS OR
OTHER FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE 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 SERV-
ANT'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.
§ 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04582-01-9
A. 2648 2
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, A SPOUSE, DOMESTIC
PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON WITH
WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
A FIRM IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
AND THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF,
HERSELF, A SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS A BUSINESS OR
OTHER FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
A PRESENT OR POTENTIAL INTEREST 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 SERV-
ANT'S APPOINTMENT TO 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.
§ 2. This act shall take effect immediately.