NY State Senate Bill S418

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

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Votes

Co-Sponsors

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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

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.

 PRIOR LEGISLATIVE HISTORY :

S.8163 of 2015/16: First Passage

 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.

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89025-01-7

S. 418                              2

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.
  §  2.  Resolved (if the Assembly concur), That the foregoing amendment
be submitted to the people for approval at the general  election  to  be
held  in the year 2017 in accordance with the provisions of the election
law.

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The New York State Senate

senate Bill S418

Sponsored By

Archive: Last Bill Status Via A1749 - In Assembly Committee

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Votes

Jan 30, 2017 - floor Vote

Floor Vote: Jan 30, 2017

Jan 23, 2017 - Rules committee Vote

Rules Committee Vote: Jan 23, 2017

Co-Sponsors

S418 (ACTIVE) - Details

S418 (ACTIVE) - Summary

S418 (ACTIVE) - Sponsor Memo

S418 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S418

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Sponsored By

Archive: Last Bill Status Via A1749 - In Assembly Committee

Your Voice

Actions

Votes

Jan 30, 2017 - floor Vote

Floor Vote: Jan 30, 2017

Jan 23, 2017 - Rules committee Vote

Rules Committee Vote: Jan 23, 2017

Co-Sponsors

S418 (ACTIVE) - Details

S418 (ACTIVE) - Summary

S418 (ACTIVE) - Sponsor Memo

S418 (ACTIVE) - Bill Text download pdf

Comments