|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 23, 2020||referred to governmental operations|
delivered to assembly
|Mar 10, 2020||advanced to third reading|
|Mar 04, 2020||2nd report cal.|
|Mar 03, 2020||1st report cal.537|
|Jan 08, 2020||referred to investigations and government operations|
|Sep 23, 2019||referred to rules|
senate Bill S6739
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6739 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §30, Pub Off L
S6739 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6739 SPONSOR: GAUGHRAN TITLE OF BILL: An act to amend the public officers law, in relation to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime involving a violation of an oath of office PURPOSE OR GENERAL IDEA OF BILL: To clarify that a vacancy in public office occurs when a public officer enters a guilty plea in federal court. SUMMARY OF PROVISIONS: Section One clarifies that a vacancy in public office occurs when a public officer enters a guilty plea in federal court. Section Two provides that this act shall take effect immediately.
S6739 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6739 2019-2020 Regular Sessions I N S E N A T E September 23, 2019 ___________ Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public officers law, in relation to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime involving a violation of an oath of office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph e of subdivision 1 of section 30 of the public officers law, as amended by chapter 454 of the laws of 1987, is amended to read as follows: e. His conviction of a felony, [or] CONVICTION OF a crime involving a violation of his oath of office OR UPON ENTERING A GUILTY PLEA IN FEDER- AL COURT TO A FELONY OR CRIME INVOLVING A VIOLATION OF HIS OATH OF OFFICE, provided, however, that a non-elected official may apply for reinstatement to the appointing authority upon reversal or the vacating of such conviction where the conviction is the sole basis for the vacan- cy. After receipt of such application, the appointing authority shall afford such applicant a hearing to determine whether reinstatement is warranted. The record of the hearing shall include the final judgment of the court which reversed or vacated such conviction and may also include the entire employment history of the applicant and any other submissions which may form the basis of the grant or denial of reinstatement notwithstanding the reversal or vacating of such conviction. Notwith- standing any law to the contrary, after review of such record, the appointing authority may, in its discretion, reappoint such non-elected official to his former office, or a similar office if his former office is no longer available. In the event of such reinstatement, the appoint- ing authority may, in its discretion, award salary or compensation in full or in part for the period from the date such office became vacant to the date of reinstatement or any part thereof; § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.