senate Bill S7316

2021-2022 Legislative Session

Revokes the public pension of a public officer who stands convicted on an impeachment

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2022 opinion referred to judiciary
Jan 28, 2022 to attorney-general for opinion
Jan 05, 2022 referred to judiciary
Nov 17, 2021 opinion referred to judiciary
Oct 27, 2021 to attorney-general for opinion
Aug 06, 2021 referred to rules


S7316 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Art 6 §24, Constn
Versions Introduced in 2023-2024 Legislative Session:
S3504, A3426

S7316 (ACTIVE) - Summary

Revokes the public pension of a public officer who stands convicted on an impeachment; applies retroactively.

S7316 (ACTIVE) - Sponsor Memo

S7316 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                              August 6, 2021
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 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)  (I)  Notwithstanding  subdivision (a) of this section, the public
 pension of a public officer,  as  defined  in  paragraph  [(c)  of  this
 section]  (II) OF THIS SUBDIVISION, who stands convicted of a felony for
 which such felony has a direct and actual relationship to  the  perform-
 ance of 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 court determination 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)]  (II)  For  the purposes of [paragraph (b) of this section] THIS
 SUBDIVISION, the term "public officer" shall mean: [(i)] (A) an official
 filling an elected office within the  state;  [(ii)]  (B)  a  holder  of
 office  filled  by  direct  appointment  by  the governor of this state,
 either upon or without senate confirmation; [(iii)] (C) a county,  city,
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets


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