Assembly Bill A271

2011-2012 Legislative Session

Eliminates benefits for any public officer, public employee, or public school employee convicted of a felony related to abuse of office

download bill text pdf

Sponsored By

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

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2011-A271 (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 2009-2010 Legislative Session:
A10581

2011-A271 (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.

2011-A271 (ACTIVE) - Bill Text download pdf 

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

                                   271

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. MONTESANO, McKEVITT, FINCH -- Multi-Sponsored by
  -- M. of A. CORWIN, JORDAN, SALADINO -- 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

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

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