NY State Senate Bill 2015-S8163

Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

View Actions

	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 referred to judiciary delivered to assembly passed senate ordered to third reading cal.2015 referred to rules

Votes

- Jun 17, 2016 - Floor Vote
  S8163
  
  57
  
  Aye
  
  5
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2016
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (5)
      
      Hamilton
      
      Hassell-Thompson
      
      Montgomery
      
      Panepinto
      
      Savino
      
      excused (1)
      
      Diaz
  Jun 17, 2016 - Rules Committee Vote
  S8163
  
  20
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Hassell-Thompson
      
      aye wr (2)
      
      Dilan
      
      Montgomery
      
      absent (2)
      
      Larkin
      
      Nozzolio

co-Sponsors

2015-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 §7, Constn
Versions Introduced in 2017-2018 Legislative Session:: S418, A1749

2015-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.

2015-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

result in undue hardship or other inequity upon any dependent
children, spouse or other dependents; and other factors as provided by
law.

These provisions will only apply to crimes committed on or after the
first of January next succeeding the date upon which the voters of New
York State approve a constitutional amendment proposed by this
resolution.

 REASONS FOR SUPPORT :

A public officer in the State of New York can currently accept bribes,
steal public funds or engage in numerous other forms of public
corruption and yet still feel secure in the knowledge that even if
convicted of these serious crimes and thrown in jail, there will still
be a state pension check sent their way every month for the rest of
their lives. No matter how serious the offense or how grossly a state
officer or local officer has abused his or her public position,
current law still assures most public officers that their state
pensions cannot be challenged. As part of the Public integrity Reform
Act (Ch. 399 of the Laws of 2011), public officials who joined the
state retirement system on or after November 13, 2011 are subject to
forfeiture of their pension benefits if they commit certain felonies
related to their public office.

The bill recognizes that the rights of the public and taxpayers (and
indeed law-abiding public servant beneficiaries of the state pension
system) can outweigh the expectations a corrupt public official has in
his or her state pension. Without this sort of change, New Yorkers are
left with a situation under state law in which pensions are paid no
matter how corruptly a public officer has undermined the public trust.
In addition, this legislation if enacted would give many public
officers prone to putting their personal interests above the needs of
the public a significant reason to refrain from doing so.  This
constitutional amendment would, in effect, remind public officers that
when they are sworn into office, they must sign a solemn oath stating
that they will uphold the laws and the Constitution that govern New
York State. This oath sets the highest standard for integrity of the
public's trust. A violation of that trust, while in office, demands
pecuniary as well as criminal penalty.
 FISCAL IMPACT :

None, other than possible savings to the state pension fund.

 EFFECTIVE DATE :
If the Assembly concurs, the foregoing amendment will 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.

2015-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

                      [ ] is old law to be omitted.
                                                           LBD89134-07-6

S. 8163                             2

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 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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Senate Bill S8163

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Jun 17, 2016 - Floor Vote

Floor Vote: Jun 17, 2016

Jun 17, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2016

co-Sponsors

2015-S8163 (ACTIVE) - Details

2015-S8163 (ACTIVE) - Summary

2015-S8163 (ACTIVE) - Sponsor Memo

2015-S8163 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8163

Share this bill

Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Susan Serino

2015-S8163 (ACTIVE) - Details

2015-S8163 (ACTIVE) - Summary

2015-S8163 (ACTIVE) - Sponsor Memo

2015-S8163 (ACTIVE) - Bill Text download pdf

Comments