Senate Bill S978B

Signed By Governor
2021-2022 Legislative Session

Relates to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime or state offense involving a violation of an oath of office

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10144 - Signed by Governor

  • 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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Votes

Bill Amendments

co-Sponsors

2021-S978 - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
S6739

2021-S978 - Summary

Relates 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.

2021-S978 - Sponsor Memo

2021-S978 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    978
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, HARCKHAM, KAPLAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 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.

co-Sponsors

2021-S978A - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
S6739

2021-S978A - Summary

Relates 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.

2021-S978A - Sponsor Memo

2021-S978A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  978--A
     Cal. No. 89
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, BIAGGI, COMRIE, HARCKHAM, HELMING, KAPLAN
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Investigations and Government Operations -- recommit-
   ted to the Committee on Investigations and  Government  Operations  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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 or offense which would constitute a  felony
   under  the  laws  of this state or 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  OR  HER  conviction  of  a felony, [or] CONVICTION OF a crime
 involving a violation of his OR HER oath of office OR  UPON  ENTERING  A
 GUILTY PLEA IN FEDERAL COURT TO A FELONY OR CRIME OR OFFENSE WHICH WOULD
 CONSTITUTE  A  FELONY  UNDER  THE  LAWS  OF  THIS  STATE  OR INVOLVING A
 VIOLATION OF HIS OR HER OATH OF OFFICE, provided, however, that a non-e-
 lected 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 vacancy. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-S978B - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
S6739

2021-S978B - Summary

Relates 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.

2021-S978B - Sponsor Memo

2021-S978B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  978--B
     Cal. No. 89
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, BIAGGI, COMRIE, HARCKHAM, HELMING, KAPLAN
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Investigations and Government Operations -- recommit-
   ted to the Committee on Investigations and  Government  Operations  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- again amended and ordered reprinted, retain-
   ing its place in the order of third reading
 
 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 or offense which would constitute a  felony
   under  the  laws  of this state or 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  OR  HER  conviction  of  a felony, [or] CONVICTION OF a crime
 involving a violation of his OR HER oath of office OR  UPON  ENTERING  A
 GUILTY  PLEA  IN  FEDERAL COURT TO A FELONY OR CRIME OR AN OFFENSE WHICH
 WOULD CONSTITUTE A FELONY UNDER THE LAWS OF THIS STATE, OR  INVOLVING  A
 VIOLATION OF HIS OR HER OATH OF OFFICE, provided, however, that a non-e-
 lected  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 vacancy. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-S978C (ACTIVE) - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
S6739

2021-S978C (ACTIVE) - Summary

Relates 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.

2021-S978C (ACTIVE) - Sponsor Memo

2021-S978C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  978--C
     Cal. No. 89
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, BIAGGI, COMRIE, HARCKHAM, HELMING, KAPLAN
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Investigations and Government Operations -- recommit-
   ted to the Committee on Investigations and  Government  Operations  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- again amended and ordered reprinted, retain-
   ing its place in the order of  third  reading  --  again  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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 OR HER conviction of a  felony,  [or]  CONVICTION  OF  a  crime
 involving  a  violation of his OR HER oath of office, OR UPON ENTERING A
 GUILTY PLEA IN FEDERAL COURT TO A FELONY, OR UPON ENTERING A GUILTY PLEA
 IN FEDERAL COURT TO A CRIME INVOLVING A VIOLATION OF HIS OR HER 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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