Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Feb 09, 2017 | opinion referred to judiciary |
Feb 03, 2017 | delivered to secretary of state |
Jan 30, 2017 | returned to assembly passed senate 3rd reading cal.54 substituted for s418 |
Feb 10, 2017 | opinion referred to judiciary |
Jan 30, 2017 | substituted by a1749 |
Jan 23, 2017 | ordered to third reading cal.54 committee discharged and committed to rules |
Jan 13, 2017 | to attorney-general for opinion |
Jan 04, 2017 | referred to judiciary |
senate Bill S418
Sponsored By
Thomas D. Croci
(R) 0 Senate District
Archive: Last Bill Status Via A1749 - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Co-Sponsors
George A. Amedore, Jr.
(R, C, IP) 0 Senate District
John E. Brooks
(D) 0 Senate District
David Carlucci
(D) 0 Senate District
Rich Funke
(R, C, IP) 0 Senate District
S418 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1749
- Current Committee:
- Senate Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Amd Art 5 §7, Constn
- Versions Introduced in 2015-2016 Legislative Session:
-
S8163, A10739
S418 (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.
S418 (ACTIVE) - Sponsor Memo
BILL NUMBER: S418 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 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
S418 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 418 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ Introduced by Sens. CROCI, HANNON, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary 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: § 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
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