What's happening
This bill prohibits New York state officials from using their positions for political fundraising or soliciting campaign contributions, with criminal penalties for violations.
Why it matters
Raises the ethical bar for state officials. by explicitly banning them from leveraging their positions or inside knowledge for political fundraising, aiming to restore and maintain public trust in government.
Targets top decision-makers especially. by prohibiting high-ranking officials (like commissioners, directors, and board members) not only from soliciting contributions, but also from allowing their names to be used in political fundraising, closing common loopholes.
Introduces real criminal penalties. making violations a class E felony or class A misdemeanor—meaning that officials could face significant legal consequences, not just administrative discipline or reprimand.
Seeks to separate government work from campaign activity. to reduce conflicts of interest and the perception (or reality) that state power is being used to benefit political campaigns, potentially leading to cleaner governance and fairer political competition.
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Who cares
State agency officers and employees
The bill would prohibit using their official positions or information gained through those positions to seek political contributions, with knowing violations constituting a class E felony.
State agency commissioners, directors and board members
The bill would bar these and other top agency officials from soliciting political contributions or allowing their names to be used for political fundraising, with knowing violations constituting a class A misdemeanor.
Candidates and political committees
The bill would restrict fundraising assistance from state agency personnel and prohibit top agency officials from soliciting contributions on their behalf.
Headline styles
Ban Political Fundraising at Work
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
53
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04150-01-9
S. 53 2
§ 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.
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.
Sponsor's memo
Title of bill
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
Purpose
To limit and guard against public officials using the information and influence of their policymaking public positions to raise funds for political candidates.
Summary of provisions
The bill adds two new paragraphs to section seventy-four of the public officers law to prohibit officers and employees of a state agency and other policy makers from using their public position or information gained through that position to raise funds for political candidates.
The bill also adds two new sections to the penal law making it illegal for a person to exploit his or her official position in a state agency or as a policy maker to solicit funds or allow his or her name to be used to solicit funds for a political candidate. Criminal penalties include a class A misdemeanor and a class E felony.
Justification
This bill strengthens the limitations on certain state public officers from using their position to raise funds for political candidates. The measure attempts to strike at a widespread and corrosive practice of public officials soliciting campaign contributions or support from public employees or entities doing business with government. This prac- tice inevitably leads to a strong potential for abuse and one that district attorneys should be able to curtail with a strong and distinct statute. New York City has already enacted such limitations and embodies recommendations of the New York State Commission on Government Integrity as contained in its June 1989 report entitled "The Midas Touch: Campaign Finance Practices of Statewide Officeholders."
Legislative history
S.0121 of 2017-2018 (Hoylman): Died in IGO S.510 of 2015-2016 (Hoylman): Died in Finance A.5838 of 2015-2016 (Kavanagh): Died in Governmental Operations S.2966 of 2013-2014 (Gipson): Died in Finance A.2100 of 2013-2014 (Kavanagh): Died in Governmental Operations S.1847 of 2011-2012 (Oppenheimer): Died in Finance A.5906 of 2011-2012 (Kavanagh): Died in Governmental Operations S.3961 of 2009-2010 (Oppenheimer): Died in Finance A.7392 of 2009-2010 (Kavanagh): Died in Governmental Operations S.3469 of 2007-2008(Oppenheimer): Died in Finance S.3850 of 2005-2006(Oppenheimer): Died in Finance S.3730 of 2003-2004(Oppenheimer): Died in Finance A.482 of 2003-2004(Grannis): Died in Governmental Operations S.4795 of 2001-2002(Oppenheimer): Died in Finance A.255 of 2001-2002(Grannis): Died in Governmental Operations S.57 of 1999-2000 (Oppenheimer): Died in Finance A.1163 of 1999-2000 (Grannis): Died in Governmental Operations S.3493 of 1997-1998 (Leichter): Died in Finance A.946 of 1997-1998 (Grannis): Died in Governmental Operations (1997)/Reported to Codes (1998) S.5227 of 1995-1996 (Leichter): Died in Rules (1995)/Died in Finance (1996) A.9252 of 1996 (Grannis): Reported to Codes
Fiscal implications
None.
Effective date
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 law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.