Bill Text: NY S03160 | 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: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03160 Detail]

Download: New_York-2023-S03160-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3160

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  KENNEDY -- read twice and ordered
          printed, and when printed to be committed 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.
    25    A  person  is  guilty  of undisclosed self-dealing in the first degree
    26  when, being a public servant, he or she intentionally engages in conduct

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02771-01-3
        S. 3160                             2

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