Senate Bill S295

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    295
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. GIANARIS, BROOKS, HOYLMAN, KAMINSKY, KRUEGER -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Investigations and Government Operations
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   reimbursement  of  campaign  committees  and  legal  defense funds for
   defense costs incurred on behalf of state employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 19 of the public officers law, as
 amended by chapter 769 of the laws  of  1985,  is  amended  to  read  as
 follows:
   2. (a) Upon compliance by the employee with the provisions of subdivi-
 sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
 PARAGRAPH  (B) OF THIS SUBDIVISION AND the conditions set forth in para-
 graph [(b)] (C) of this subdivision, it shall be the duty of  the  state
 to pay reasonable attorneys' fees and litigation expenses incurred by or
 on  behalf of an employee in his or her defense of a criminal proceeding
 in a state or federal court arising out of any act which occurred  while
 such  employee  was  acting within the scope of his public employment or
 duties upon his acquittal or upon the dismissal of the criminal  charges
 against him or reasonable attorneys' fees incurred in connection with an
 appearance  before  a  grand jury which returns no true bill against the
 employee where such appearance was required as a result of any act which
 occurred while such employee was acting within the scope of  his  public
 employment  or duties unless such appearance occurs in the normal course
 of the public employment or duties of such employee.
   (b)  NO REIMBURSEMENT SHALL BE PAID PURSUANT TO THIS  SECTION  TO  ANY
 CAMPAIGN OR POLITICAL COMMITTEE, OR LEGAL DEFENSE FUND WHICH PAYS ALL OR
 ANY  PORTION  OF  AN  EMPLOYEES' REASONABLE ATTORNEYS' FEES AND/OR LITI-
 GATION EXPENSES.   FURTHERMORE, AN EMPLOYEE  ON  WHOSE  BEHALF  A  LEGAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05020-01-9

 S. 295                              2
 
 DEFENSE  FUND OR LEGAL DEFENSE FUNDS HAVE BEEN ESTABLISHED, SHALL NOT BE
 ELIGIBLE FOR REIMBURSEMENT PURSUANT TO THIS SECTION UNTIL ALL MONEYS  IN
 SUCH  FUND  OR  FUNDS  HAVE  BEEN EXPENDED FOR THE EMPLOYEES' REASONABLE
 ATTORNEYS' FEES AND/OR LITIGATION EXPENSES.
   (C)  Upon  the application for reimbursement for reasonable attorneys'
 fees or litigation expenses or both made by or on behalf of an  employee
 as  provided  in subdivision three of this section, the attorney general
 shall determine, based upon his investigation  and  his  review  of  the
 facts  and  circumstances, whether such reimbursement shall be paid. The
 attorney general shall notify the employee in writing of  such  determi-
 nation. Upon determining that such reimbursement should be provided, the
 attorney  general shall so certify to the comptroller. Upon such certif-
 ication, reimbursement shall be made for such fees or expenses  or  both
 upon  the  audit  and  warrant  of the comptroller. On or before January
 fifteenth the comptroller, in consultation with the  department  of  law
 and  other  agencies as may be appropriate, shall submit to the governor
 and the legislature an  annual  accounting  of  judgments,  settlements,
 fees,  and  litigation expenses paid pursuant to this section during the
 preceding and current fiscal years. Such accounting shall  include,  but
 not be limited to the number, type and amount of claims so paid, as well
 as  an estimate of claims to be paid during the remainder of the current
 fiscal year and during the  following  fiscal  year.  Any  dispute  with
 regard  to  entitlement  to  reimbursement  or  the amount of litigation
 expenses or the reasonableness of attorneys' fees shall be resolved by a
 court of competent jurisdiction upon appropriate motion or by way  of  a
 special proceeding.
   § 2. This act shall take effect immediately.