senate Bill S4807A

Clarifies the identity of courts having jurisdiction relating to a conviction of a felony as grounds for forfeiture of a public officer's New York state pension benefits

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Apr / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 26 / Apr / 2013
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 26 / Apr / 2013
    • PRINT NUMBER 4807A
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Clarifies the identity of courts having jurisdiction relating to a conviction of a felony as grounds for forfeiture of a public officer's New York state pension benefits.

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Bill Details

Versions:
S4807
S4807A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §157, R & SS L

Sponsor Memo

BILL NUMBER:S4807A

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to clarifying the identity of courts having
jurisdiction relating to a conviction of a felony as grounds for
forfeiture of a public officer's New York state pension benefits

PURPOSE:

This legislation, the Federal Corruption Loophole Closure Act,
clarifies the identity of courts having jurisdiction relating to a
conviction of a felony as grounds for forfeiture of a public officer's
New York State pension benefits.

SUMMARY OF PROVISIONS:

Section One of the bill amends subdivision 2 of section 157 of the
retirement and social security law, as added by section 1 of part c of
chapter 399 of the laws of 2001 to be amended to state that in the
case of a public official who stands convicted, by plea of nolo
contendere or plea of guilty to, or by conviction after trial, in any
court of competent jurisdiction in this or any other state or any
federal court of competent jurisdiction, of any crime related to
public office, an action may be commenced in supreme court of the
county in which such public official was convicted of such felony
crime, by the district attorney having jurisdiction over such crime,
or by the attorney general if the attorney general brought the
criminal charge which resulted in such conviction, for an order to
reduce or revoke the pension of which such public official is
otherwise entitled for service as a public official. Such complaint
shall specify with particularity which category of felony pursuant to
subdivision one of section one hundred fifty-six of this article the
defendant has committed, and all other facts that are alleged to
qualify such crime as a felony crime related to public office subject
to pension reduction or revocation pursuant t o this article, and the
amount of pension reduction or revocation requested. Such action shall
be commenced within six months after such conviction.

EXISTING LAW:

New bill

JUSTIFICATION:

Recent events have once again highlighted the troubling prevalence of
public corruption in New York State government and have revealed a
loophole in the Public Integrity Reform Act of 2011. Under the Act,
any New York State public official who stands convicted, by plea of
nolo contendere or plea of guilty to, or by conviction after trial, in
any court of New York State jurisdiction may lose all or a portion of
his or her New York State and Local Retirement System pension. If a
New York State official is convicted solely on federal corruption
charges, however, this pension ban does not apply. Thus, currently
under the Act, a New York public official convicted solely on federal
corruption charges would continue to receive the benefits of a New
York State public pension for life. This legislation will close this
unacceptable loophole.


In 2011, the Public Integrity Reform Act of 2011 was enacted and
signed into law. (Chapter 399 of the laws of 2011). Specifically, the
law was designed to address the continuing series of crimes and
corrupt acts perpetrated by a surprising number of New York public
officials.

The law provided for a series of comprehensive reforms to both the
requirements and enforcement of public ethics for New York State
government officials to restore public confidence in our government.
Among the many reforms, the law established a new Joint Commission on
Public Ethics to oversee and investigate compliance with the financial
disclosure and other ethics requirements by executive and legislative
employees and elected officials in both branches of government, and to
oversee the conduct of registered lobbyists; expand and enhance
financial and client disclosures required of executive and legislative
employees and elected officials, including disclosure of outside
clients and customers; establish a new database to aggregate
information concerning all firms and individuals that appear in a
representative capacity before any state agency, public authority,
board, or commission and make such information readily available to
the public; require mandatory ethics training for executive and
legislative employees and elected officials and lobbyists; increase
penalties for violations of certain provisions of the code of ethics
contained in the Public Officers Law § 74; require the reduction or
forfeiture of a public officer's pension
under certain circumstances where he or she has been convicted of a
felony related to his office; expand the definition of "lobbying" to
include advocacy related to the "introduction" of legislation and
resolutions; require lobbyists that lobby on their own behalf and
clients of lobbyists that devote substantial funds to lobbying in New
York State to disclose the sources of such funding; and clarify
certain definitions in the existing gift ban to facilitate better
compliance and improve enforcement. The bill would also amend certain
provisions of the election law to enhance penalties for violations of
the campaign finance laws, and require the State Board of Elections to
enforce requirements that entities and individuals that spend funds on
advertising and other forms of advocacy to influence the outcome of
elections or ballot proposals must disclose such expenditures.

While the Public Integrity Reform Act was hailed as the first major
step in fighting corruption among New York State public officials,
there are additional steps necessary. One such measure is the simple
closure of the federal court conviction loophole in this legislation.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4807--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  clarifying the identity of courts having jurisdiction  relating  to  a
  conviction of a felony as grounds for forfeiture of a public officer's
  New York state pension benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited  as  the  "federal
corruption loophole closure act".
  S 2. Subdivision 2 of section 157 of the retirement and social securi-
ty  law,  as  added by section 1 of part C of chapter 399 of the laws of
2011, is amended to read as follows:
  2. In the case of a public official who stands convicted, by  plea  of
nolo  contendere  or plea of guilty to, or by conviction after trial, IN
ANY COURT OF COMPETENT JURISDICTION IN THIS OR ANY OTHER STATE OR IN ANY
FEDERAL COURT OF COMPETENT JURISDICTION, of any crime related to  public
office,  an  action  may  be commenced in supreme court of the county in
which such public official was convicted of such felony  crime,  by  the
district  attorney having jurisdiction over such crime, or by the attor-
ney general if the attorney general brought the  criminal  charge  which
resulted  in  such  conviction,  for  an  order  to reduce or revoke the
pension to which such public official is otherwise entitled for  service
as  a  public  official. Such complaint shall specify with particularity
which category of felony pursuant to  subdivision  one  of  section  one
hundred  fifty-six  of this article the defendant has committed, and all
other facts that are alleged to qualify such crime  as  a  felony  crime
related  to  public  office  subject  to pension reduction or revocation
pursuant to this article, and the amount of pension reduction or revoca-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10474-02-3

S. 4807--A                          2

tion requested. Such action shall be commenced within six  months  after
such conviction.
  S 3. This act shall take effect immediately.

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