What's happening
This bill prohibits state officers and employees from using their official positions for political fundraising or soliciting political contributions.
Why it matters
Establishes clear legal consequences. The bill creates new felony and misdemeanor offenses for public officers who use their official positions for political fundraising, introducing criminal penalties where previously there may have only been ethical or administrative consequences.
Targets high-level officials with added scrutiny. Individuals in top agency roles (such as commissioners, directors, and board members) face stricter prohibitions, including a specific ban on allowing their names to be used in political fundraising, reflecting their greater influence and visibility.
Aims to restore public trust in government. By codifying high ethical standards and directly addressing the appearance of impropriety, the law seeks to bolster public confidence in the impartiality and integrity of state government operations.
Closes potential loopholes. The language extends to both direct solicitation and the misuse of information gained through official positions, reducing opportunities for indirect or subtle forms of political fundraising tied to state office.
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Who cares
Headline styles
Ban Political Fundraising by Officials
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to governmental operations
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 Political Fundraising by Officials
In Senate Committee · Investigations And Government Operations · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8545
2017-2018 Regular Sessions
IN ASSEMBLY
July 10, 2017
Introduced by M. of A. KAVANAGH -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law and the penal law, in relation to prohibiting the use of an official position for political fundraising
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. It is the intent of this legislation to declare that public officers have a responsibility to ensure that their conduct will not violate the public trust placed in them. Public officers must make certain that their conduct will not raise any suspicions or give the impression that they are acting in violation of such public trust. It is important that the legislature set forth the high standards of ethical conduct to which public officials are expected to adhere.
§ 2. Subdivision 3 of section 74 of the public officers law is amended by adding two new paragraphs j and k to read as follows:
j. No officer or employee of a state agency shall attempt to exploit or otherwise use his or her official position for the purpose of asking for or requesting political contributions on behalf of any candidate for public office or political committee, nor shall such officer or employee use any information gained by reason of his or her official position for the purpose of asking for or requesting political contributions.
k. No officer or employee of a state agency who holds the position of commissioner, director, superintendent, chair, board member, executive director, president, chief administrator, or other position of ultimate agency responsibility shall solicit political contributions on behalf of any candidate for public office or political committee, or permit his or her name to be used for political fundraising.
§ 3. The penal law is amended by adding two new sections 200.28 and 200.29 to read as follows: § 200.28 Unlawful use of an official position in the first degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02734-01-7
A. 8545 2
A person is guilty of unlawful use of an official position in the first degree when he or she knowingly attempts to exploit or otherwise uses his or her official position or information gained by virtue of that position as an officer or employee of a state agency to engage in political fundraising, or for the purpose of asking for or requesting political contributions.
Unlawful use of an official position in the first degree is a class E felony. § 200.29 Unlawful use of an official position in the second degree.
A person is guilty of unlawful use of an official position in the second degree when he or she is an officer or employee of a state agency who holds the position of commissioner, director, superintendent, chair, board member, executive director, president, chief administrator or other position of ultimate agency responsibility and he or she knowingly solicits political contributions on behalf of any candidate for public office or a political committee, or knowingly permits his or her name to be used for political fundraising.
Unlawful use of an official position in the second degree is a class A misdemeanor.
§ 4. This act shall take effect immediately; provided that section three of this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.