Senate Bill S53

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    53
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 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.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04150-01-9

 S. 53                               2
 
   § 3. The penal law is amended by adding two new  sections  200.28  and
 200.29 to read as follows:
 § 200.28 UNLAWFUL USE OF AN OFFICIAL POSITION IN THE FIRST DEGREE.
   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.
 § 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.
   § 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.