Bill Text: NY A05068 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits conduct in an official capacity in connection with the award of a public contract or public grant that is intended to confer an undisclosed benefit on a public servant, a person with whom a public servant has a business or other financial relationship.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced) 2024-01-03 - referred to codes [A05068 Detail]

Download: New_York-2023-A05068-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5068

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by  M. of A. LAVINE, STECK, SIMON, WALLACE, NORRIS -- Multi-
          Sponsored by -- M. of A. HAWLEY, 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:

     1    Section 1. The penal law is amended by adding two new sections  195.30
     2  and 195.35 to read as follows:
     3  § 195.30 Undisclosed self-dealing in the second degree.
     4    A  person  is  guilty of undisclosed self-dealing in the second degree
     5  when, being a public servant, he or she intentionally engages in conduct
     6  or a course of conduct in his or her  official  capacity  in  connection
     7  with  the  award of a public contract or public grant or other effort to
     8  obtain or retain public business or public funds  that  is  intended  to
     9  confer  an  undisclosed  benefit on himself, herself, a spouse, domestic
    10  partner, child, parent, or sibling of the public servant, a person  with
    11  whom a public servant has a business or other financial relationship, or
    12  a  firm  in which the public servant has a present or potential interest
    13  and thereby obtains  or  attempts  to  obtain  a  benefit  for  himself,
    14  herself,  a  spouse,  domestic partner, child, parent, or sibling of the
    15  public servant, a person with whom a public servant has  a  business  or
    16  other  financial relationship, or a firm in which the public servant has
    17  a present or potential interest with a value in excess of three thousand
    18  dollars. A benefit is disclosed if its existence is made known prior  to
    19  the  alleged  wrongful conduct to either (i) the relevant state or local
    20  ethics commission or (ii) the official responsible for the public  serv-
    21  ant's  appointment to his or her position, provided that person is not a
    22  participant in the alleged wrongful conduct.
    23    Undisclosed self-dealing in the second degree is a class D felony.
    24  § 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.
                                                                   LBD02771-01-3
        A. 5068                             2

     1    A person is guilty of undisclosed self-dealing  in  the  first  degree
     2  when, being a public servant, he or she intentionally engages in conduct
     3  or  a  course  of  conduct in his or her official capacity in connection
     4  with the award of a public contract or public grant or other  effort  to
     5  obtain  or  retain  public  business or public funds that is intended to
     6  confer an undisclosed benefit on himself, herself,  a  spouse,  domestic
     7  partner,  child, parent, or sibling of the public servant, a person with
     8  whom a public servant has a business or other financial relationship, or
     9  a firm in which the public servant has a present or  potential  interest
    10  and  thereby  obtains  or  attempts  to  obtain  a  benefit for himself,
    11  herself, a spouse, domestic partner, child, parent, or  sibling  of  the
    12  public  servant,  a  person with whom a public servant has a business or
    13  other financial relationship, or a firm in which the public servant  has
    14  a  present  or potential interest with a value in excess of ten thousand
    15  dollars. A benefit is disclosed if its existence is made known prior  to
    16  the  alleged  wrongful conduct to either (i) the relevant state or local
    17  ethics commission or (ii) the official responsible for the public  serv-
    18  ant's  appointment to his or her position, provided that person is not a
    19  participant in the alleged wrongful conduct.
    20    Undisclosed self-dealing in the first degree is a class C felony.
    21    § 2. This act shall take effect immediately.