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S6439Senate2009-2010 SessionSame asA9559

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

Sponsor Daniel L. SquadronSD-25+15 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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History

  1. Signed chap.1
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.6
  6. Substituted for A9559
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 60–0
  10. Ordered to third reading cal.17
  11. Reported and committed to rules
  12. Reported and committed to finance
Show 2 earlier actions
  1. Committee discharged and committed to codes
  2. Referred to finance

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9559Assembly

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

Assembly Floor Calendar · Sponsor Sheldon Silver

Full text

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

Sponsor's memo

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, and from defrauding the government through a systematic and ongoing 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

There is currently a gap in state law, which does not explicitly prohibit mixing state business and private business. This bill would clarify state law by explicitly banning individuals from using government property, services or other resources for private business 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 defrauding the government to include an ongoing and systematic scheme to use government property, including personnel and other resources, for private business purposes. In order to qualify as an offense under this section, 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.