New York A 298: Prohibits state reimbursement of campaign and political committees and legal defense funds for payments made on behalf of the criminal or civil defense of a state employee

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A00298 Summary:

BILL NOA00298 

&nbsp

SAME ASSAME AS S02454

&nbsp

SPONSORCruz

&nbsp

COSPNSRSimone, Lee

&nbsp

MLTSPNSR

&nbsp

Amd §§19 & 17, Pub Off L

&nbsp

Prohibits state reimbursement of campaign and political committees, or legal defense funds, for payments made on behalf of the criminal or civil defense of a state employee.

Go to top A00298 Actions:

BILL NOA00298 

&nbsp

01/08/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA00298 Committee&nbspVotes:

Go to topA00298 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00298 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 298

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. CRUZ, SIMONE -- read once and referred to the
 Committee on Governmental Operations

 AN ACT to amend the public officers law, in relation to prohibiting
 reimbursement of campaign and political committees and legal defense
 funds for defense costs incurred on behalf of state employees

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 19 of the public officers law, as
 2 amended by chapter 769 of the laws of 1985, is amended to read as
 3 follows:
 4 2. (a) Upon compliance by the employee with the provisions of subdivi-
 5 sion three of this section, and subject to the restrictions set forth in
 6 paragraph (b) of this subdivision and the conditions set forth in para-
 7 graph [(b)] (c) of this subdivision, it shall be the duty of the state
 8 to pay reasonable attorneys' fees and litigation expenses incurred by or
 9 on behalf of an employee in [his or her] such employee's defense of a
 10 criminal proceeding in a state or federal court arising out of any act
 11 which occurred while such employee was acting within the scope of [his]
 12 such employee's public employment or duties upon [his] such employee's
 13 acquittal or upon the dismissal of the criminal charges against [him]
 14 the employee or reasonable attorneys' fees incurred in connection with
 15 an appearance before a grand jury which returns no true bill against the
 16 employee where such appearance was required as a result of any act which
 17 occurred while such employee was acting within the scope of [his] the
 18 employee's public employment or duties unless such appearance occurs in
 19 the normal course of the public employment or duties of such employee.
 20 (b) No reimbursement shall be paid pursuant to this section to any
 21 campaign or political committee or legal defense fund that pays all or
 22 any portion of an employee's reasonable attorneys' fees and/or liti-
 23 gation expenses. Reimbursements received pursuant to this section by the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00162-01-5

 A. 298 2

 1 employee or their legal counsel shall not be paid by such employee or
 2 legal counsel to a campaign or political committee or legal defense
 3 fund. Furthermore, an employee on whose behalf a legal defense fund or
 4 legal defense funds have been established shall not be eligible for
 5 reimbursement pursuant to this section until all moneys in such fund or
 6 funds have been expended for the employee's reasonable attorneys' fees
 7 and/or litigation expenses. Prior to reimbursement being issued, an
 8 employee and their legal counsel shall certify to both the attorney
 9 general and the comptroller that there are no funds remaining in any
 10 legal defense fund established on behalf of the employee and that no
 11 monies requested pursuant to this section will be used to reimburse a
 12 campaign or political committee or legal defense fund.
 13 (c) Upon the application for reimbursement for reasonable attorneys'
 14 fees or litigation expenses or both made by or on behalf of an employee
 15 as provided in subdivision three of this section, the attorney general
 16 shall determine, based upon [his] their investigation and [his] their
 17 review of the facts and circumstances, whether such reimbursement shall
 18 be paid. The attorney general shall notify the employee in writing of