Bill S7531-2013

Relates to undisclosed self-dealing

Relates to undisclosed self-dealing.

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  • May 15, 2014: REFERRED TO CODES

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BILL NUMBER:S7531

TITLE OF BILL: An act to amend the penal law, in relation to undisclosed self-dealing

PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish the crime of undisclosed self-dealing in the first and second degrees, respectively a class C and a class D felony. This would serve to provide a criminal penalty for public servants who knowingly steer public contracts or grants to certain institutions or organizations in order to benefit themselves or their families.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 195.30 to the penal law establishing the crime of undisclosed self-dealing in the second degree, establishes the definition of the crime, and provides that it shall be a class D felony.

Section 1 of the bill also adds a new section 195.35 establishing the crime of undisclosed self-dealing in the first degree, establishes the definition of the crime, and provides that it shall be a class C felony.

Section 2 provides that the act shall take effect immediately upon its signing into law.

JUSTIFICATION:

As events over the past few years have shown, New York State has a problem with public servants knowingly steering public grants and/or contracts to certain institutions or organizations for their own benefit or the benefit of their families. This is a clear breach of public trust which corrupts the democratic process and wastes taxpayer dollars.

This legislation would establish the crime of undisclosed self-dealing, which would prohibit this practice in the state of New York by establishing significant penalties for public servants who put their pecuniary interests ahead of the welfare of the people of the state of New York.

PRIOR LEGISLATIVE HISTORY:

New Legislation

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7531 IN SENATE May 15, 2014 ___________
Introduced by Sen. HOYLMAN -- 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: Section 1. The penal law is amended by adding two new sections 195.30 and 195.35 to read as follows: S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE. A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN THE SECOND-DEGREE WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT OR A COURSE OF CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF OR A RELATIVE, AND THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR A RELATIVE WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONG- FUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT. UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY. S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE. A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT OR A COURSE OF CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF OR A RELATIVE, AND THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR A RELATIVE WITH A VALUE IN EXCESS OF TEN THOUSAND DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO
HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT. UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY. S 2. This act shall take effect immediately.

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