S T A T E O F N E W Y O R K
________________________________________________________________________
4936
2021-2022 Regular Sessions
I N A S S E M B L Y
February 9, 2021
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to leveraging
authority to obtain income or property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 74 of the public officers law is
amended by adding a new paragraph j to read as follows:
J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE
OR LEGISLATIVE EMPLOYEE MAY LEVERAGE THE AUTHORITY OF HIS OR HER OFFI-
CIAL POSITION TO OBTAIN INCOME OR PROPERTY FOR HIMSELF, HERSELF, OR A
THIRD PERSON IF A SUBSTANTIAL FACTOR IN THE GIVING OF THE INCOME OR
PROPERTY IS THE PERSON'S OFFICIAL POSITION. IT SHALL NOT BE UNLAWFUL FOR
AN OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR
LEGISLATIVE EMPLOYEE TO OBTAIN MONEY OR PROPERTY FROM A PERSON WHO
CONTACTS HIM OR HER IN A PRIVATE CAPACITY AND WHO THE OFFICER OR EMPLOY-
EE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE
BELIEVES IN GOOD FAITH HAS CONTACTED HIM OR HER IN THE ORDINARY COURSE
OF BUSINESS AND WHO PROVIDES SUCH INCOME OR PROPERTY IN EXCHANGE FOR
WORK OR SERVICES ACTUALLY PERFORMED BY SUCH OFFICER OR EMPLOYEE OF A
STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE IN HIS
OR HER PRIVATE CAPACITY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09013-01-1