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A9559Assembly2009-2010 SessionSame asS6439

Prohibits and criminalizes the use by certain public officers and employees of state property or resources for activities related to private business

Sponsor Sheldon SilverAD-64+1 co-sponsorAffects Legal
Status
Assembly Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via S6439

What's happening

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Who cares

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Sponsors

Primary sponsor
Sheldon Silver

Assembly Member · Assembly District 64

1 Co-sponsor

History

  1. Substituted by S6439
  2. Rules report cal.6
  3. Reported
  4. Reported referred to rules
  5. Reported referred to codes
  6. Referred to governmental operations

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9559

Title of bill

An act to amend the public officers law, in relation to prohibiting the use by certain public officers and employees of property, services or other resources of the state for private business or other compensated non-governmental purposes; and to amend the penal law, in relation to defrauding the government

Purpose

To prohibit certain.public officers and state government employees from using or obtaining state property, services or other resources for-private business or other compensated nongovernmental purposes, scheme to use state property, services or other resources for private business or other compensated non-governmental purposes that deprives the government of $1,000 or more.

Summary of provisions

Section 1 amends subdivision 3(d) of .section 74 of the public officers law to prohibit public officers from misappropriating, for themselves or others, state property, services or other resources for private business or other compensated non-governmental purposes.

Section 2 amends section 195.20(a) of the penal law by creating two subdivisions, including subdivision (ii), which defines defrauding the government, as engaging in a systematic and ongoing scheme to defraud the state by using state property, services or Other resources for private business or other compensated non-governmental purposes, which deprives the government of property valued at one thousand dollars or more.

Justification

Currently, state law does not explicitly prohibit mixing state business and private business. If enacted, this bill would clarify state law by explicitly banning, individuals from using government property, services or other resources for private business purposes or other compensated non-governmental purposes.

In addition to adding explicit language to the Code of Ethics in the Public Officers Law, the bill would also clarify the Penal Law's definition of the crime "defrauding the government" to include an ongoing .and systematic scheme to use government property, including personnel and other resources, for private business purposes or. other compensated non-governmental purpose. In order to qualify as an offense under this new enactment, the scheme would also have to result in the state being deprived of at least $1000 worth of property, services or other resources.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.