Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 27, 2010 |
held for consideration in governmental operations |
Apr 08, 2010 |
referred to governmental operations |
Assembly Bill A10581
2009-2010 Legislative Session
Sponsored By
MONTESANO
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Thomas McKevitt
Gary Finch
Robert Castelli
multi-Sponsors
Jane Corwin
Tony Jordan
Joseph Saladino
2009-A10581 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §2, add §3-d, Pub Off L; add §153, Civ Serv L; add §3020-b, Ed L
- Versions Introduced in 2011-2012 Legislative Session:
-
A271
2009-A10581 (ACTIVE) - Summary
Provides that any public officer, public employee, superintendent of schools, teacher, or employee in a public school who is convicted of a felony related to abuse of office or employment shall have all benefits abolished, including, but not limited to, salary and retirement, except that such convicted person shall be entitled to a pro rata return of his or her contribution paid into the retirement system.
2009-A10581 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10581 TITLE OF BILL: An act to amend the public officers law, the civil service law and the education law, in relation to forfeiture of benefits for felony convictions related to abuse of office PURPOSE: This bill attempts to eliminate benefits for any public offi- cer, public employee or public school employee convicted of a felony related to abuse of office. SUMMARY OF PROVISIONS: The Public Officers Law is amended by adding a new section, 3-d, to permit the elimination of benefits for any public officer who is convicted of a felony crime associated to his or hex office. The Civil Service Law is amended by adding a new section, 153, to permit the elimination of benefits for any public employee who is convicted of a felony crime relating to his or her office. The Education Law is amended by adding a new section, 3020-b, to permit the elimi- nation of benefits for any person employed as a superintendent, teacher or employee of or in a school who is convicted of a felony crime relat- ing to his or her office. JUSTIFICATION: New York public officials, public employees, school superintendents, teachers, and school employees are often regarded as role models. Yet some deviate from the exemplary behavior of their peers and are convicted of a felony or felonies related to an abuse in office. Such behavior tarnishes the image of New York. and New Yorkers. New
2009-A10581 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10581 I N A S S E M B L Y April 8, 2010 ___________ Introduced by M. of A. MONTESANO -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law, the civil service law and the education law, in relation to forfeiture of benefits for felony convictions related to abuse of office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of the public officers law is amended to read as follows: S 2. Definitions. The term "state officer" includes every officer for whom all the electors of the state are entitled to vote, members of the legislature, justices of the [supreme] UNIFIED court SYSTEM, regents of the university, and every officer, appointed by one or more state offi- cers, or by the legislature, and authorized to exercise his official functions throughout the entire state, or without limitation to any political subdivision of the state, except United States senators, members of congress, and electors for president and vice-president of the United States. The term "local officer" includes every other officer who is elected by the electors of a portion only of the state, every officer of a political subdivision or municipal corporation of the state, EVERY SCHOOL OFFICER, and every officer limited in the execution of his official functions to a portion only of the state. The office of a state officer is a state office. The office of a local officer is a local office. S 2. The public officers law is amended by adding a new section 3-d to read as follows: S 3-D. FORFEITURE OF BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PUBLIC OFFICER WHO IS CONVICTED OF A FELONY CRIME RELATED TO ABUSE OF HIS OR HER OFFICE SHALL HAVE ALL BENEFITS ABOLISHED, INCLUDING, BUT NOT LIMITED TO, SALARY AND RETIREMENT BENE- FITS; PROVIDED, HOWEVER, THAT SUCH PUBLIC OFFICER SHALL BE ENTITLED TO A PRO RATA RETURN OF HIS OR HER CONTRIBUTION PAID INTO THE RELEVANT RETIREMENT SYSTEM, IN ANY AMOUNT PROPORTIONATE TO THE AMOUNT OF ANY FORFEITURE, WITHOUT INTEREST. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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