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A2648Assembly2019-2020 SessionSame asS440

Ban Hidden Self-Dealing

Official title

“Relates to undisclosed self-dealing”

Sponsor Charles LavineAD-13+10 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill creates new felony offenses for public servants who intentionally engage in undisclosed self-dealing to benefit themselves or close associates through public contracts or funds.

Why it matters

  1. Creates criminal liability for intentional, undisclosed self-dealing by public servants. targeting officials who use their position to benefit themselves or close associates through public contracts or funds, unless the benefit is properly disclosed to ethics authorities or a responsible official.

  2. Establishes two felony levels. based on the value of the benefit: over $3,000 (class D felony, second degree) and over $10,000 (class C felony, first degree), signaling a tougher stance for larger self-dealing schemes.

  3. Covers a broad network of relationships. not only self-enrichment, but also benefits conferred on spouses, domestic partners, family members, business associates, or firms in which the public servant has an interest, aiming to close common loopholes.

  4. Emphasizes the importance of disclosure. as a safeguard: public servants can avoid criminal liability if potential conflicts are declared in advance to an ethics commission or a non-involved appointing authority, incentivizing transparency in government dealings.

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Who cares

Headline styles

Ban Hidden Self-Dealing

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to codes
  2. 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.

S440Senate

Ban Undisclosed Self-Dealing

In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2648

2019-2020 Regular Sessions

IN ASSEMBLY

January 24, 2019

Introduced by M. of A. LAVINE, STECK, SIMON, GOTTFRIED, BUCHWALD, GALEF, WALLACE, MONTESANO, FINCH, RAIA, PALUMBO -- Multi-Sponsored by -- M. of A. CROUCH, HAWLEY, 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. § 195.35 Undisclosed self-dealing in the first degree.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04582-01-9

A. 2648 2

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.