NY State Senate Bill 2021-S2040

Archive: Last Bill Status - In Senate Committee Ethics And Internal Governance 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to ethics and internal governance
Jan 19, 2021	referred to ethics and internal governance

2021-S2040 (ACTIVE) - Details

See Assembly Version of this Bill:: A4437
Current Committee:: Senate Ethics And Internal Governance
Law Section:: Public Officers Law
Laws Affected:: Add §79-a, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7746, A6320
2023-2024: S2670, A6918
2025-2026: S38

2021-S2040 (ACTIVE) - Summary

Relates to crimes against public trust by state officers; requires such state officers' salary to be suspended pending indictment for such crimes; and if convicted requires such state officers to pay back the portion of their salary beginning with the pay period immediately proceeding the date upon which the first convicted offense occurred.

2021-S2040 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2040

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to crimes against
public trust by state officers

 
PURPOSE OR GENERAL IDEA OF BILL:

Crimes against public trust by state officers.

 
SUMMARY OF PROVISIONS:

Section 1: Names the act "the halt crimes against public trust act"

Section 2:

(1)Amends public officer's law and adds section 79-a:

a.79-a. Crimes against public trust by state officers. Any state officer

indicted for a crime involving public trust shall have their salary for
such official position suspended pending such an indictment.

b. Where the indictment results in a conviction of a crime against
public trust, all monies earned by such state officer for such official
position beginning with the pay period immediately preceding the date
upon which the first convicted offense occurred shall be paid back to
the state by such state officer.

c.Where the indictment does not result in a conviction of a crime.
Against public trust, such suspension shall cease and such state officer
shall be paid back all monies not paid to such state officer during
suspension.

(2)Expands definition of "crime involving public trust"

Section 3:  Effective date.

 
JUSTIFICATION:

When a legislator raises their right hand, and swears an oath in accord-
ance with the constitution of the great State of New York to faithfully
discharge the duties of the office they have been elected to hold by the
people, they have made a promise to the people of this state which
requires them to be held to the highest of standards.  When an elected
official fails in their duties that they have sworn to execute faithful-
ly, they must be held also to that same high standard. In keeping with
the motto of our state, "Excelsior" we too must strive to hold ourselves
to this.

New York State has unfortunately lead the country in corruption and with
each new headline describing the violations of public trust, the people
of New York suffer dignity, pride, and faith in their governmental
system. It's time to stop leading in corruption and start leading the
way in holding our public officials accountable.  This bill will be a
great step towards keeping this promise to our citizens.


When an elected official violates the trust of their constituents it
reflects poorly upon all public offices and paints a portrait of
corruption at all levels of government. By enacting this legislation we
can not only show the people of this state that we are committed to
ending public corruption, but that we also stand by our pledge of being
responsible stewards of their tax dollars. This bill will recoup any
salary paid to a public official whom has failed in their sworn oath to
the people. It does so by symbolically and literally requiring the
offender pay back all salary received during that term of office for
which they swore an oath. By enacting this legislation, we are sending a
message to would be unscrupulous officials that this type of behavior
will not be tolerated, and they will not be rewarded for it with a
paycheck funded by the people of this state.

 
PRIOR LEGISLATIVE HISTORY:

02/13/20: S.7746 REFERRED TO ETHICS AND INTERNAL GOVERNANCE

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE: : :
This act shall take effect immediately.

2021-S2040 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2040
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 AN ACT to amend the public officers law, in relation to  crimes  against
   public trust by state officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  "the  halt
 crimes against public trust act".
   §  2.  The public officers law is amended by adding a new section 79-a
 to read as follows:
   § 79-A. CRIMES AGAINST PUBLIC TRUST BY  STATE  OFFICERS.  1.  (A)  ANY
 STATE  OFFICER  INDICTED  FOR  A CRIME INVOLVING PUBLIC TRUST SHALL HAVE
 THEIR SALARY FOR SUCH OFFICIAL POSITION SUSPENDED PENDING  SUCH  INDICT-
 MENT.
   (B)  WHERE  THE  INDICTMENT RESULTS IN A CONVICTION OF A CRIME AGAINST
 PUBLIC TRUST, ALL MONIES EARNED BY SUCH STATE OFFICER FOR SUCH  OFFICIAL
 POSITION  BEGINNING  WITH THE PAY PERIOD IMMEDIATELY PROCEEDING THE DATE
 UPON WHICH THE FIRST CONVICTED OFFENSE OCCURRED SHALL BE  PAID  BACK  TO
 THE STATE BY SUCH STATE OFFICER.
   (C)  WHERE  THE  INDICTMENT DOES NOT RESULT IN A CONVICTION OF A CRIME
 AGAINST PUBLIC TRUST, SUCH SUSPENSION SHALL CEASE AND SUCH STATE OFFICER
 SHALL BE PAID BACK ALL MONIES NOT PAID TO SUCH STATE OFFICER DURING SUCH
 SUSPENSION.
   2. FOR PURPOSES OF THIS  SECTION  THE  TERM  "CRIME  INVOLVING  PUBLIC
 TRUST"  SHALL  INCLUDE BRIBERY IN THE FIRST DEGREE AS DEFINED IN SECTION
 200.04 OF THE PENAL LAW, BRIBERY IN THE  SECOND  DEGREE  AS  DEFINED  IN
 SECTION  200.03 OF THE PENAL LAW, BRIBERY IN THE THIRD DEGREE AS DEFINED
 IN SECTION 200.00 OF THE PENAL LAW, BRIBE RECEIVING IN THE FIRST  DEGREE
 AS  DEFINED  IN  SECTION 200.12 OF THE PENAL LAW, BRIBE RECEIVING IN THE
 SECOND DEGREE AS DEFINED IN SECTION  200.11  OF  THE  PENAL  LAW,  BRIBE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04316-01-1

 S. 2040                             2
 
 RECEIVING  IN THE THIRD DEGREE AS DEFINED IN SECTION 200.10 OF THE PENAL
 LAW, CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 496.05 OF THE PENAL LAW, CORRUPTING THE GOVERNMENT IN THE SECOND  DEGREE
 AS DEFINED IN SECTION 496.04 OF THE PENAL LAW, CORRUPTING THE GOVERNMENT
 IN  THE  THIRD  DEGREE  AS  DEFINED  IN SECTION 496.03 OF THE PENAL LAW,
 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE  AS  DEFINED  IN  SECTION
 496.02  OF  THE  PENAL  LAW,  REWARDING OFFICIAL MISCONDUCT IN THE FIRST
 DEGREE AS DEFINED IN SECTION 200.22 OF THE PENAL LAW, REWARDING OFFICIAL
 MISCONDUCT IN THE SECOND DEGREE AS DEFINED  IN  SECTION  200.20  OF  THE
 PENAL  LAW, RECEIVING REWARD FOR OFFICIAL MISCONDUCT IN THE FIRST DEGREE
 AS DEFINED IN SECTION 200.27 OF THE PENAL LAW, AND RECEIVING REWARD  FOR
 OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS DEFINED IN SECTION 200.25 OF
 THE PENAL LAW.
   § 3. This act shall take effect immediately.

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Senate Bill S2040

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Archive: Last Bill Status - In Senate Committee Ethics And Internal Governance Committee

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2021-S2040 (ACTIVE) - Details

2021-S2040 (ACTIVE) - Summary

2021-S2040 (ACTIVE) - Sponsor Memo

2021-S2040 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Ethics And Internal Governance Committee

Actions

2021-S2040 (ACTIVE) - Details

2021-S2040 (ACTIVE) - Summary

2021-S2040 (ACTIVE) - Sponsor Memo

2021-S2040 (ACTIVE) - Bill Text download pdf

Comments