senate Bill S5006A

2011-2012 Legislative Session

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 24, 2012 to attorney-general for opinion
Apr 18, 2012 amended on third reading 5006a
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.394
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Jun 22, 2011 opinion referred to judiciary
May 09, 2011 to attorney-general for opinion
May 02, 2011 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5006 - Bill Details

See Assembly Version of this Bill:
A9775A
Current Committee:
Senate Rules
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn L

S5006 - Bill Texts

view summary

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

view sponsor memo
BILL NUMBER:S5006

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 5 of the constitution,
in relation to removal of pension and retirement benefits from persons
convicted of certain felonies

PURPOSE:
Provides that any elected official who is convicted of a
felony offense involving their position of public trust shall forfeit
their pension benefits.

SUMMARY OF PROVISIONS:
Adds a new section to article 5 section 7 of
the Constitution that bars any elected official convicted of a felony
offense from collecting their pension benefits.

JUSTIFICATION:
At the present time, New York State does not have a
policy in place that will forfeit the pension benefits of any elected
official who is convicted of a felony offense committed through the
abuse of their office.

When an elected official is sworn into office, they take an oath to
uphold the Constitution and laws of New York State. This oath sets
the highest standards for integrity. Violating that public trust
requires criminal penalties. It also demands penalties that bar
elected officials from receiving benefits after their conviction and
removal from office.

Previous legislation has sought to reduce or eliminate benefits of
elected officials convicted of a crime related to their employment.
However, these pieces of legislation do not go far enough. It is
necessary to amend the New York State Constitution as barring a
pension contends with a contractual relationship and as a result
those benefits cannot be reduced or impaired simply by changing the
law. It is likely these proposals are unconstitutional. Therefore,
amending the current State Constitution is necessary.

LEGISLATIVE HISTORY:
New Legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the Assembly concur), that the foregoing
amendment be referred to the first regular legislative session
convening after the next succeeding general election of members of
the assembly, and, in conformity with section 1 of article 19 of the
constitution, be published for 3 months previous to the time of such
election.


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

                                  5006

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 5 of the constitution, in
  relation to removal of pension and retirement  benefits  from  persons
  convicted of certain felonies

  Section 1.  Resolved (if the Assembly concur), That section 7 of arti-
cle 5 of the constitution be amended to read as follows:
  S  7.  After  July  first,  nineteen  hundred forty, membership in any
pension or retirement system of the state or of a civil division thereof
shall be a contractual relationship, the benefits of which shall not  be
diminished or impaired. ANY ELECTED OFFICIAL WHO IS CONVICTED OF A FELO-
NY  OFFENSE  AGAINST PUBLIC ADMINISTRATION SHALL FORFEIT RIGHTS TO THEIR
BENEFITS.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89129-01-1

Co-Sponsors

S5006A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9775A
Current Committee:
Senate Rules
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn L

S5006A (ACTIVE) - Bill Texts

view summary

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

view sponsor memo
BILL NUMBER:S5006A

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 5 of the constitution,
in relation to removal of pension and retirement benefits from persons
convicted of certain felonies

PURPOSE:
Provides that any elected official who is convicted of a
felony offense involving their position of public trust shall forfeit
their pension benefits.

SUMMARY OF PROVISIONS:
Adds a new section to article 5 section 7 of
the Constitution that bars any elected official convicted of a felony
offense that occurred during their time in office from collecting
their pension benefits earned while in such office.

JUSTIFICATION:
At the present time, New York State does not have a
policy in place that will forfeit the pension benefits of any elected
official who is convicted of a felony offense committed through the
abuse of their office.

When an elected official is sworn into office, they take an oath to
uphold the Constitution and laws of New York State. This oath sets
the highest standards for integrity. Violating that public trust
requires criminal penalties. It also demands penalties that bar
elected officials from receiving benefits after their conviction and
removal from office.

Previous legislation has sought to reduce or eliminate benefits of
elected officials convicted of a crime related to their employment.
However, these pieces of legislation do not go far enough. It is
necessary to amend the New York State Constitution as barring a
pension contends with a contractual relationship and as a result
those benefits cannot be reduced or impaired simply by changing the
law. It is likely these proposals are unconstitutional. Therefore,
amending the current State Constitution is necessary.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the Assembly concur), that the foregoing
amendment be referred to the first regular legislative session
convening after the next succeeding general

election of members of the assembly, and, in conformity with section 1
of article 19 of the constitution, be published for 3 months previous
to the time of such election.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5006--A
    Cal. No. 394

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by Sens. MARCELLINO, ZELDIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary  --
  recommitted  to  the  Committee on Judiciary in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 5 of the constitution, in
  relation to removal of pension and retirement  benefits  from  persons
  convicted of certain felonies

  Section 1.  Resolved (if the Assembly concur), That section 7 of arti-
cle 5 of the constitution be amended to read as follows:
  S  7.  After  July  first,  nineteen  hundred forty, membership in any
pension or retirement system of the state or of a civil division thereof
shall be a contractual relationship, the benefits of which shall not  be
diminished or impaired. ANY ELECTED OFFICIAL WHO IS CONVICTED OF A FELO-
NY OFFENSE AGAINST PUBLIC ADMINISTRATION THAT OCCURRED DURING THEIR TIME
IN  OFFICE  SHALL  FORFEIT RIGHTS TO THEIR BENEFITS EARNED WHILE IN SUCH
OFFICE.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89129-02-2

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