Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 referred to judiciary delivered to assembly passed senate ordered to third reading cal.2015 referred to rules |
senate Bill S8163
Sponsored By
Thomas D. Croci
(R) 0 Senate District
Archive: Last Bill Status - 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
Votes
Co-Sponsors
Sue Serino
(R, C, IP) 0 Senate District
S8163 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10739
- Current Committee:
- Senate Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Amd Art 5 ยง7, Constn
- Versions Introduced in 2017-2018 Legislative Session:
-
S418, A1749
S8163 (ACTIVE) - 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.
S8163 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8163 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 the public pension of a public officer SUMMARY OF PROVISIONS : Section 1 amends Article 5, Section 7 of the state constitution providing that a the public pension of a public officer who stands convicted of a felony, which has a direct and actual relationship to the public officer's existing duties, may be reduced or revoked following notice and a hearing by an appropriate court, as provided by law. The definition of a "public officer" for purposes of this amendment shall include elected officials, direct gubernatorial appointees, municipal managers, department heads, chief fiscal officers, judges and policy-makers. The court's determination whether to reduce or revoke a public official's pension shall be based on consideration of factors such as severity of the crime and the proportionality of such crime to the reduction or revocation of such pension. A court issuing an order to reduce or revoke such pension shall consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture, in whole or in part, would
S8163 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8163 I N S E N A T E June 17, 2016 ___________ Introduced by Sen. CROCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 Assembly concur), That section 7 of arti- cle 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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