Bill Text: NY A06305 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the public officers law and the state finance law, in relation to the use of state-owned or state-leased motor vehicles, aircrafts or watercrafts, and reimbursement for the private use thereof

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A06305 Detail]

Download: New_York-2009-A06305-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6305
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 2, 2009
                                      ___________
       Introduced  by  M.  of  A.  GORDON,  GUNTHER,  EDDINGTON, FIELDS, GALEF,
         JAFFEE, SPANO -- Multi-Sponsored by -- M.  of  A.  BENJAMIN,  LATIMER,
         MILLER  --  read  once  and  referred to the Committee on Governmental
         Operations
       AN ACT to amend the public officers law and the state  finance  law,  in
         relation  to  the  use  of state-owned or state-leased motor vehicles,
         aircrafts or watercrafts, and reimbursement for the private use there-
         of
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 3 of section 74 of the public officers law is
    2  amended by adding a new paragraph j to read as follows:
    3    J. NO STATE OFFICER, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OR ANY
    4  OTHER EMPLOYEE OF THE STATE, SHALL USE STATE-OWNED OR STATE-LEASED MOTOR
    5  VEHICLES, AIRCRAFTS OR WATERCRAFTS OTHER THAN IN THE  CONDUCT  OF  STATE
    6  BUSINESS,  EXCEPT  WHERE  REIMBURSEMENT  FOR  THE PRIVATE USE THEREOF IS
    7  TENDERED TO THE STATE IN ACCORDANCE WITH RULES TO BE PROMULGATED BY  THE
    8  STATE  COMPTROLLER.  REIMBURSEMENT TO THE STATE SHALL BE THE ACTUAL COST
    9  OF THE BENEFIT RECEIVED FOR  THE  PRIVATE  USE  OF  THE  MOTOR  VEHICLE,
   10  AIRCRAFT OR WATERCRAFT.
   11    S  2.  Subdivision  4  of  section  74  of the public officers law, as
   12  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
   13  follows:
   14    4.  Violations.  In  addition  to  any  penalty contained in any other
   15  provision of law any such officer, member or employee who shall knowing-
   16  ly and intentionally violate any of the provisions of this  section  may
   17  be  fined,  suspended or removed from office or employment in the manner
   18  provided by law. Any such individual  who  knowingly  and  intentionally
   19  violates the provisions of paragraph b, c, d [or], i OR J of subdivision
   20  three  of  this section shall be subject to a civil penalty in an amount
   21  not to exceed ten thousand dollars and the value of  any  gift,  compen-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06396-01-9
       A. 6305                             2
    1  sation or benefit received as a result of such violation. Any such indi-
    2  vidual  who knowingly and intentionally violates the provisions of para-
    3  graph a, e or g of subdivision three of this section shall be subject to
    4  a  civil  penalty  in  an  amount  not  to exceed the value of any gift,
    5  compensation or benefit received as a result of such violation.
    6    S 3. Section 8 of the state finance law is amended  by  adding  a  new
    7  subdivision 3-a to read as follows:
    8    3-A.  PROMULGATE  RULES  FOR  THE  REIMBURSEMENT  OF THE STATE FOR THE
    9  PRIVATE USE OF STATE-OWNED OR STATE-LEASED MOTOR VEHICLES, AIRCRAFTS  OR
   10  WATERCRAFTS  BY  STATE OFFICERS AND ANY OTHER STATE EMPLOYEES IN ACCORD-
   11  ANCE WITH PARAGRAPH J OF SUBDIVISION THREE OF  SECTION  SEVENTY-FOUR  OF
   12  THE PUBLIC OFFICERS LAW.
   13    S  4.  This  act shall take effect on the ninetieth day after it shall
   14  have become a law; provided, however, that  effective  immediately,  the
   15  addition,  amendment  and/or  repeal of any rule or regulation necessary
   16  for the implementation of this act on its effective date are  authorized
   17  and directed to be made and completed on or before such effective date.
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