What's happening
This bill creates new felony offenses for public servants who secretly benefit themselves or associates through public contracts or grants.
Why it matters
Establishes clear criminal liability for public servants who secretly use their positions to benefit themselves, relatives, or business associates through public contracts, grants, or funds. , closing loopholes that previously allowed for less accountability.
Sets specific monetary thresholds for prosecution. ($3,000+ for second degree, $10,000+ for first degree), which means only significant, undisclosed benefits trigger felony charges, focusing law enforcement on more serious abuses.
Includes a disclosure safeguard. If a potential personal benefit is disclosed to either an ethics commission or a non-involved appointing official before any wrongdoing, criminal liability does not attach. This incentivizes transparency and proactive ethics compliance among public officials.
Expands the definition of “undisclosed benefit” to include not just the official, but also close family and business partners. , broadening the scope of what counts as self-dealing and making it harder to evade the law by funneling benefits to associates.
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Who cares
Headline styles
Crack Down on Corrupt Officials
Plain English, a few words. Used as the page title.
Sponsors
14 Co-sponsors
History
- Referred to codes
- Referred to codes
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.
Ban Secret Self-Dealing
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3668
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. LAVINE, STECK, SKOUFIS, McDONALD, KEARNS, SIMON, GOTTFRIED, BUCHWALD, MONTESANO, CURRAN, HOOPER, GALEF, FINCH, RAIA, PALUMBO, McLAUGHLIN -- Multi-Sponsored by -- M. of A. CROUCH, HAWLEY, MAGEE, SCHIMMINGER, THIELE -- read once and referred 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 Assembly, 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: § 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, a spouse, domestic partner, child, parent, or sibling of the public servant, a person with whom a public servant has a business or other financial relationship, or a firm in which the public servant has a present or potential interest and thereby obtains or attempts to obtain a benefit for himself, herself, a spouse, domestic partner, child, parent, or sibling of the public servant, a person with whom a public servant has a business or other financial relationship, or a firm in which the public servant has a present or potential interest with a value in excess of three 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 second degree is a class D felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05319-01-7
A. 3668 2
§ 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, a spouse, domestic partner, child, parent, or sibling of the public servant, a person with whom a public servant has a business or other financial relationship, or a firm in which the public servant has a present or potential interest and thereby obtains or attempts to obtain a benefit for himself, herself, a spouse, domestic partner, child, parent, or sibling of the public servant, a person with whom a public servant has a business or other financial relationship, or a firm in which the public servant has a present or potential interest 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.