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Senate Bill S8420A

2021-2022 Legislative Session

Expands the ethical duties of public officers and employees

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Archive: Last Bill Status - In Senate Committee Ethics And Internal Governance Committee

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Bill Amendments

2021-S8420 - Details

Current Committee:
Senate Ethics And Internal Governance
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L

2021-S8420 - Summary

Expands the ethical duties of public officers and employees to include reporting known violations of the code of ethics or other laws by others.

2021-S8420 - Sponsor Memo

2021-S8420 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8420
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 AN ACT to amend the public officers law, in relation  to  expanding  the
   ethical duties of public officers and employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 74 of the public officers law is amended by  adding
 a new subdivision 3-a to read as follows:
   3-A.  OTHER ETHICAL DUTIES. IT SHALL BE THE ETHICAL DUTY OF ANY PERSON
 OR ENTITY SUBJECT TO THE PROVISIONS OF THIS SECTION TO  PROMPTLY  REPORT
 TO THE COMMISSION INFORMATION NOT PROTECTED BY ATTORNEY-CLIENT OR PROSE-
 CUTORIAL INVESTIGATIVE PRIVILEGE ABOUT ACTIVITY KNOWN TO BE IN VIOLATION
 OF  THIS SECTION OR ANY OTHER LAW WHICH ANY PERSON OR ENTITY HAS ENGAGED
 IN WITH RESPECT TO ACTIVITY THAT IS WITHIN THE JURISDICTION OF THE JOINT
 COMMISSION ON PUBLIC ETHICS ESTABLISHED PURSUANT TO SECTION  NINETY-FOUR
 OF THE EXECUTIVE LAW. KNOWLEDGE OF DISCRIMINATORY HARASSMENT NEED NOT BE
 REPORTED  BY THE SUBJECT OF SUCH HARASSMENT OR BY ANOTHER IF CONFIDED IN
 CONFIDENCE ON THE BASIS OF PERSONAL  FRIENDSHIP.    THERE  SHALL  BE  NO
 RETALIATION  AGAINST  A  PERSON  OR  ENTITY MAKING SUCH A REPORT IN GOOD
 FAITH ON INFORMATION AND BELIEF, AND ANY PERSON AGGRIEVED BY SUCH RETAL-
 IATION MAY BRING A CIVIL ACTION FOR COMPENSATORY AND EXEMPLARY DAMAGES.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14464-01-2

2021-S8420A (ACTIVE) - Details

Current Committee:
Senate Ethics And Internal Governance
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L

2021-S8420A (ACTIVE) - Summary

Expands the ethical duties of public officers and employees to include reporting known violations of the code of ethics or other laws by others.

2021-S8420A (ACTIVE) - Sponsor Memo

2021-S8420A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8420--A
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the public officers law, in relation to expanding the
   ethical duties of public officers and employees; and providing for the
   repeal of certain provisions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 74 of the public officers law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. OTHER ETHICAL DUTIES. IT SHALL BE THE ETHICAL DUTY OF ANY  PERSON
 OR  ENTITY  SUBJECT TO THE PROVISIONS OF THIS SECTION TO PROMPTLY REPORT
 TO THE COMMISSION INFORMATION NOT PROTECTED BY ATTORNEY-CLIENT OR PROSE-
 CUTORIAL INVESTIGATIVE PRIVILEGE ABOUT ACTIVITY KNOWN TO BE IN VIOLATION
 OF THIS SECTION OR ANY OTHER LAW WHICH ANY PERSON OR ENTITY HAS  ENGAGED
 IN WITH RESPECT TO ACTIVITY THAT IS WITHIN THE JURISDICTION OF THE JOINT
 COMMISSION  ON PUBLIC ETHICS ESTABLISHED PURSUANT TO SECTION NINETY-FOUR
 OF THE EXECUTIVE LAW. KNOWLEDGE OF DISCRIMINATORY HARASSMENT NEED NOT BE
 REPORTED BY THE SUBJECT OF SUCH HARASSMENT OR BY ANOTHER IF CONFIDED  IN
 CONFIDENCE  ON  THE  BASIS  OF  PERSONAL FRIENDSHIP.   THERE SHALL BE NO
 RETALIATION AGAINST A PERSON OR ENTITY MAKING  SUCH  A  REPORT  IN  GOOD
 FAITH ON INFORMATION AND BELIEF, AND ANY PERSON AGGRIEVED BY SUCH RETAL-
 IATION MAY BRING A CIVIL ACTION FOR COMPENSATORY AND EXEMPLARY DAMAGES.
   §  2. Section 74 of the public officers law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. OTHER ETHICAL DUTIES. IT SHALL BE THE ETHICAL DUTY OF ANY  PERSON
 OR  ENTITY  SUBJECT TO THE PROVISIONS OF THIS SECTION TO PROMPTLY REPORT
 TO THE COMMISSION INFORMATION NOT PROTECTED BY ATTORNEY-CLIENT OR PROSE-
 CUTORIAL INVESTIGATIVE PRIVILEGE ABOUT ACTIVITY KNOWN TO BE IN VIOLATION
 OF THIS SECTION OR ANY OTHER LAW WHICH ANY PERSON OR ENTITY HAS  ENGAGED
 IN  WITH  RESPECT  TO  ACTIVITY  THAT  IS WITHIN THE JURISDICTION OF THE
 COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT ESTABLISHED PURSUANT  TO
 SECTION  NINETY-FOUR  OF  THE EXECUTIVE LAW. KNOWLEDGE OF DISCRIMINATORY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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