What's happening
This bill prohibits state officers and employees from using their official position to obtain income or property for themselves or others.
Why it matters
Closes loopholes around abuse of power. By specifically prohibiting state officers and employees from using their official authority to gain income or property for themselves or others, the bill targets not just direct bribery but also more subtle forms of self-dealing and influence-peddling within government.
Clarifies exceptions for legitimate private business. The bill explicitly allows state officials to earn income from private transactions, provided these are unrelated to their official duties, are conducted in good faith within the normal course of business, and involve actual work or services performed—helping to distinguish lawful private work from unethical profiteering.
Establishes clearer ethical standards. By defining when it is unlawful to accept benefits tied to official status, the bill strengthens the ethical framework for public officials and employees, making it easier for enforcement agencies to identify and address conflicts of interest and corruption.
Potentially increases accountability. The inclusion of this language in the public officers law may facilitate investigations and disciplinary actions against officials who exploit their positions, reinforcing public trust in state government.
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Who cares
Headline styles
Ban Abusing Official Power
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1691
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to leveraging authority to obtain income or property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 74 of the public officers law is amended by adding a new paragraph j to read as follows:
j. No officer or employee of a state agency, member of the legislature or legislative employee may leverage the authority of his or her official position to obtain income or property for himself, herself, or a third person if a substantial factor in the giving of the income or property is the person's official position. It shall not be unlawful for an officer or employee of a state agency, member of the legislature or legislative employee to obtain money or property from a person who contacts him or her in a private capacity and who the officer or employee of a state agency, member of the legislature or legislative employee believes in good faith has contacted him or her in the ordinary course of business and who provides such income or property in exchange for work or services actually performed by such officer or employee of a state agency, member of the legislature or legislative employee in his or her private capacity.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05213-01-9
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.