NY State Assembly Bill A10739A

Archive: Last Bill Status Via S8163 - In Senate Committee Judiciary 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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 12, 2016	delivered to secretary of state
Jul 20, 2016	opinion referred to judiciary
Jun 22, 2016	to attorney-general for opinion
Jun 17, 2016	returned to senate passed assembly ordered to third reading rules cal.555 substituted for a10739a
Jul 29, 2016	opinion referred to judiciary
Jun 29, 2016	to attorney-general for opinion
Jun 17, 2016	substituted by s8163 rules report cal.555 reported reported referred to rules print number 10739a
Jun 17, 2016	amend and recommit to judiciary referred to judiciary

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

A10739 - Details

See Senate Version of this Bill:: S8163
Current Committee:: Assembly Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 5 §7, Constn
Versions Introduced in 2017-2018 Legislative Session:: A1749, S418

A10739 - Summary

Relates to providing for the reduction or revocation of the public pension of a public officer; authorizes the court to determine whether to reduce or revoke such pension based on the defined terms, and to consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture in whole or in part would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; makes related provisions.

A10739 - Bill Text download pdf

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

                                  10739

                          I N  A S S E M B L Y

                              June 17, 2016
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Buchwald,
  Morelle, Barrett, Brindisi, Fahy, Galef,  Lavine,  Lupardo,  McDonald,
  Otis, Russell, Sepulveda, Skoufis, Stirpe, Zebrowski, Paulin, Woerner,
  Steck,  Santabarbara,  Quart,  Thiele,  Stec,  Ortiz,  Magee,  Gjonaj,
  Kearns, Ceretto, Jaffee, Rozic, Peoples-Stokes, DenDekker,  Schimming-
  er) -- read once and referred 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 the public pension of a public officer

  Section  1. Resolved (if the Senate concur), That section 7 of article
5 of the constitution be amended to read as follows:
  S 7. (A) 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.
  (B) NOTWITHSTANDING  SUBDIVISION  (A)  OF  THIS  SECTION,  THE  PUBLIC
PENSION  OF  A  PUBLIC  OFFICER,  AS  DEFINED  IN  PARAGRAPH (C) OF THIS
SECTION, WHO STANDS CONVICTED OF A FELONY FOR  WHICH  THE  ILLEGAL  ACTS
HAVE  A  DIRECT AND ACTUAL RELATIONSHIP TO THE PERFORMANCE OF THE PUBLIC
OFFICER'S DUTIES, MAY BE REDUCED OR  REVOKED,  FOLLOWING  NOTICE  AND  A
HEARING BY AN APPROPRIATE COURT, AS PROVIDED BY LAW.  THE COURT DETERMI-
NATION  WHETHER  TO  REDUCE OR REVOKE SUCH PENSION SHALL BE BASED ON THE
CONSIDERATION OF FACTORS INCLUDING THE SEVERITY OF  THE  CRIME  AND  THE
PROPORTIONALITY  OF  A  REDUCTION  OR  REVOCATION OF THE PENSION TO SUCH
CRIME. WHEN A COURT ISSUES AN ORDER TO REDUCE OR  REVOKE  SUCH  PENSION,
THE  COURT  SHALL  CONSIDER  AND  DETERMINE  SPECIFIC FINDINGS AS TO THE
AMOUNT OF SUCH FORFEITURE, IF ANY AND WHETHER FORFEITURE IN WHOLE OR  IN
PART WOULD RESULT IN UNDUE HARDSHIP OR OTHER INEQUITY UPON ANY DEPENDENT
CHILDREN,  SPOUSE  OR OTHER DEPENDENTS; AND OTHER FACTORS AS PROVIDED BY
LAW.  THE LEGISLATURE SHALL ENACT LEGISLATION TO IMPLEMENT  THIS  AMEND-
MENT TAKING INTO ACCOUNT INTERESTS OF JUSTICE.
  (C)  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF THIS SECTION, THE TERM
"PUBLIC OFFICER" SHALL MEAN: (I) AN OFFICIAL FILLING AN  ELECTED  OFFICE
WITHIN  THE  STATE; (II) A HOLDER OF OFFICE FILLED BY APPOINTMENT BY THE
GOVERNOR OF THIS STATE, EITHER  UPON  OR  WITHOUT  SENATE  CONFIRMATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD89134-04-6

A. 10739                            2

(III)  A  COUNTY, CITY, TOWN OR VILLAGE ADMINISTRATOR, MANAGER OR EQUIV-
ALENT POSITION; (IV) THE HEAD OR HEADS OF ANY STATE OR LOCAL  GOVERNMENT
DEPARTMENT,  DIVISION,  BOARD, COMMISSION, BUREAU, PUBLIC BENEFIT CORPO-
RATION, OR PUBLIC AUTHORITY OF THIS STATE WHO ARE VESTED WITH AUTHORITY,
DIRECTION AND CONTROL OVER SUCH DEPARTMENT, DIVISION, BOARD, COMMISSION,
BUREAU,  PUBLIC  BENEFIT  CORPORATION OR PUBLIC AUTHORITY; (V) THE CHIEF
FISCAL OFFICER OR TREASURER OF ANY MUNICIPAL  CORPORATION  OR  POLITICAL
SUBDIVISION  OF  THE STATE; (VI) A JUDGE OR JUSTICE OF THE UNIFIED COURT
SYSTEM; AND (VII) A LEGISLATIVE, EXECUTIVE, OR JUDICIAL EMPLOYEE OF THIS
STATE WHO DIRECTLY ASSISTS IN  THE  FORMULATION  OF  LEGISLATION,  RULE,
REGULATION, POLICY, OR JUDICIAL DECISION-MAKING AND WHO IS DESIGNATED AS
A POLICYMAKER SET FORTH IN STATUTE.
  (D) PARAGRAPH (B) OF THIS SECTION SHALL ONLY APPLY TO CRIMES COMMITTED
ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE UPON WHICH THE
PEOPLE  SHALL APPROVE AND RATIFY THE AMENDMENTS TO THE CONSTITUTION THAT
ADDED THIS PARAGRAPH.
  S 2. Resolved (if the Senate 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.

Co-Sponsors

view additional co-sponsors

A10739A (ACTIVE) - Details

See Senate Version of this Bill:: S8163
Current Committee:: Assembly Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 5 §7, Constn
Versions Introduced in 2017-2018 Legislative Session:: A1749, S418

A10739A (ACTIVE) - Summary

A10739A (ACTIVE) - Bill Text download pdf

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

                                10739--A

                          I N  A S S E M B L Y

                              June 17, 2016
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Buchwald,
  Morelle, Barrett, Brindisi, Fahy, Galef,  Lavine,  Lupardo,  McDonald,
  Otis, Russell, Sepulveda, Skoufis, Stirpe, Zebrowski, Paulin, Woerner,
  Steck,  Santabarbara,  Quart,  Thiele,  Stec,  Ortiz,  Magee,  Gjonaj,
  Kearns, Ceretto, Jaffee, Rozic, Peoples-Stokes, DenDekker,  Montesano,
  Bronson,  Schimminger)  --  read once and referred to the Committee on
  Judiciary -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 5 of the constitution, in
  relation to the public pension of a public officer

  Section  1. Resolved (if the Senate concur), That section 7 of article
5 of the constitution be amended to read as follows:
  S 7. (A) 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.
  (B) NOTWITHSTANDING  SUBDIVISION  (A)  OF  THIS  SECTION,  THE  PUBLIC
PENSION  OF  A  PUBLIC  OFFICER,  AS  DEFINED  IN  PARAGRAPH (C) OF THIS
SECTION, WHO STANDS CONVICTED OF A FELONY FOR WHICH SUCH  FELONY  HAS  A
DIRECT  AND  ACTUAL  RELATIONSHIP TO THE PERFORMANCE OF THE PUBLIC OFFI-
CER'S EXISTING DUTIES, MAY BE REDUCED OR REVOKED, FOLLOWING NOTICE AND A
HEARING BY AN APPROPRIATE COURT, AS PROVIDED BY LAW.  THE COURT DETERMI-
NATION WHETHER TO REDUCE OR REVOKE SUCH PENSION SHALL BE  BASED  ON  THE
CONSIDERATION  OF  FACTORS  INCLUDING  THE SEVERITY OF THE CRIME AND THE
PROPORTIONALITY OF A REDUCTION OR REVOCATION OF  SUCH  PENSION  TO  SUCH
CRIME.  WHEN  A  COURT ISSUES AN ORDER TO REDUCE OR REVOKE SUCH PENSION,
THE COURT SHALL CONSIDER AND  DETERMINE  SPECIFIC  FINDINGS  AS  TO  THE
AMOUNT  OF  SUCH FORFEITURE, IF ANY, AND WHETHER FORFEITURE, IN WHOLE OR
IN PART, WOULD RESULT IN UNDUE  HARDSHIP  OR  OTHER  INEQUITY  UPON  ANY
DEPENDENT  CHILDREN,  SPOUSE  OR  OTHER DEPENDENTS; AND OTHER FACTORS AS
PROVIDED BY LAW.  THE LEGISLATURE SHALL ENACT LEGISLATION  TO  IMPLEMENT
THIS AMENDMENT TAKING INTO ACCOUNT INTERESTS OF JUSTICE.
  (C)  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF THIS SECTION, THE TERM
"PUBLIC OFFICER" SHALL MEAN: (I) AN OFFICIAL FILLING AN  ELECTED  OFFICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD89134-08-6

A. 10739--A                         2

WITHIN  THE  STATE; (II) A HOLDER OF OFFICE FILLED BY DIRECT APPOINTMENT
BY THE GOVERNOR OF THIS STATE, EITHER UPON OR WITHOUT  SENATE  CONFIRMA-
TION;  (III)  A  COUNTY, CITY, TOWN OR VILLAGE ADMINISTRATOR, MANAGER OR
EQUIVALENT  POSITION;  (IV)  THE  HEAD  OR  HEADS  OF ANY STATE OR LOCAL
GOVERNMENT DEPARTMENT, DIVISION, BOARD, COMMISSION, BUREAU, PUBLIC BENE-
FIT CORPORATION, OR PUBLIC AUTHORITY OF THIS STATE WHO ARE  VESTED  WITH
AUTHORITY,  DIRECTION AND CONTROL OVER SUCH DEPARTMENT, DIVISION, BOARD,
COMMISSION, BUREAU, PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY;  (V)
THE  CHIEF  FISCAL  OFFICER OR TREASURER OF ANY MUNICIPAL CORPORATION OR
POLITICAL SUBDIVISION OF THE STATE; (VI)  A  JUDGE  OR  JUSTICE  OF  THE
UNIFIED  COURT  SYSTEM;  AND (VII) A LEGISLATIVE, EXECUTIVE, OR JUDICIAL
EMPLOYEE OF THIS STATE WHO DIRECTLY ASSISTS IN THE FORMULATION OF LEGIS-
LATION, RULES, REGULATIONS, POLICY, OR JUDICIAL DECISION-MAKING AND  WHO
IS DESIGNATED AS A POLICYMAKER AS SET FORTH IN STATUTE.
  (D) PARAGRAPH (B) OF THIS SECTION SHALL ONLY APPLY TO CRIMES COMMITTED
ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE UPON WHICH THE
PEOPLE  SHALL  APPROVE AND RATIFY THE AMENDMENT TO THE CONSTITUTION THAT
ADDED THIS PARAGRAPH.
  S 2. Resolved (if the Senate 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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The New York State Senate

assembly Bill A10739A

Sponsored By

Archive: Last Bill Status Via S8163 - In Senate Committee Judiciary Committee

Your Voice

Actions

Votes

Jun 17, 2016 - floor Vote

Floor Vote: Jun 17, 2016

Jun 17, 2016 - Rules committee Vote

Committee Vote: Jun 17, 2016

Bill Amendments

Co-Sponsors

A10739 - Details

A10739 - Summary

A10739 - Bill Text download pdf

Co-Sponsors

A10739A (ACTIVE) - Details

A10739A (ACTIVE) - Summary

A10739A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A10739A

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Sponsored By

BUCHWALD

Archive: Last Bill Status Via S8163 - In Senate Committee Judiciary Committee

Your Voice

Actions

Votes

Jun 17, 2016 - floor Vote

Floor Vote: Jun 17, 2016

Jun 17, 2016 - Rules committee Vote

Committee Vote: Jun 17, 2016

Bill Amendments

Co-Sponsors

Joseph Morelle

Didi Barrett

Anthony Brindisi

Patricia Fahy

Sandy Galef

Charles Lavine

Donna Lupardo

John T. McDonald III

Steven Otis

Addie Jenne

Luis R. Sepúlveda

James Skoufis

Albert A. Stirpe

Kenneth Zebrowski

Amy Paulin

Carrie Woerner

Phil Steck

Angelo Santabarbara

Dan Quart

Fred Thiele

Dan Stec

Felix Ortiz

William Magee

Mark Gjonaj

Mickey Kearns

John Ceretto

Ellen C. Jaffee

Nily Rozic

Crystal Peoples-Stokes

Michael DenDekker

Michael Montesano

Harry B. Bronson

Robin Schimminger

A10739 - Details

A10739 - Summary

A10739 - Bill Text download pdf

Co-Sponsors

Joseph Morelle

Didi Barrett

Anthony Brindisi

Patricia Fahy

Sandy Galef

Charles Lavine

Donna Lupardo

John T. McDonald III

Steven Otis

Addie Jenne

Luis R. Sepúlveda

James Skoufis

Albert A. Stirpe

Kenneth Zebrowski

Amy Paulin

Carrie Woerner

Phil Steck

Angelo Santabarbara

Dan Quart

Fred Thiele

Dan Stec

Felix Ortiz

William Magee

Mark Gjonaj

Mickey Kearns

John Ceretto

Ellen C. Jaffee

Nily Rozic

Crystal Peoples-Stokes