S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3426
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 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 Senate concur), That section 7 of  article
 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
                       [ ] is old law to be omitted.
              

                                                            LBD89068-01-3
 A. 3426                             2
 
 town  or  village  administrator, manager or equivalent position; [(iv)]
 (D) the head or heads of any state or local government department, divi-
 sion, board, commission, bureau, public benefit corporation,  or  public
 authority  of  this  state  who are vested with authority, direction and
 control over  such  department,  division,  board,  commission,  bureau,
 public  benefit  corporation  or  public  authority; [(v)] (E) the chief
 fiscal officer or treasurer of any municipal  corporation  or  political
 subdivision  of  the state; [(vi)] (F) a judge or justice of the unified
 court system; and [(vii)] (G)  a  legislative,  executive,  or  judicial
 employee of this state who directly assists in the formulation of legis-
 lation,  rules, regulations, policy, or judicial decision-making and who
 is designated as a policymaker as set forth in statute.
   [(d) Paragraph (b) of this section] (III) THIS SUBDIVISION shall  only
 apply to crimes committed on or after the first of January next succeed-
 ing  the  date upon which the people shall approve and ratify the amend-
 ment to the constitution that added this paragraph.
   (C) (I) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION,  THE  MEMBER-
 SHIP  IN  ANY PUBLIC PENSION OF A PUBLIC OFFICER WHO STANDS CONVICTED ON
 AN IMPEACHMENT SHALL BE REVOKED.
   (II) THIS SUBDIVISION SHALL APPLY TO ANY  PUBLIC  OFFICER  WHO  STANDS
 CONVICTED ON AN IMPEACHMENT INCLUDING ANY PUBLIC OFFICER CONVICTED ON AN
 IMPEACHMENT BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  2. Resolved (if the Senate concur), That section 24 of article 6 of
 the constitution be amended to read as follows:
   § 24. The assembly shall have the power of impeachment by a vote of  a
 majority  of all the members elected thereto. The court for the trial of
 impeachments shall be composed of  the  president  of  the  senate,  the
 senators,  or  the  major  part  of them, and the judges of the court of
 appeals, or the major part of them.  On  the  trial  of  an  impeachment
 against the governor or lieutenant-governor, neither the lieutenant-gov-
 ernor nor the temporary president of the senate shall act as a member of
 the  court.  No  judicial officer shall exercise his or her office after
 articles of impeachment against him or her shall have been preferred  to
 the senate, until he or she shall have been acquitted.  Before the trial
 of an impeachment, the members of the court shall take an oath or affir-
 mation  truly  and  impartially  to try the impeachment according to the
 evidence, and no person shall be convicted without  the  concurrence  of
 two-thirds  of  the  members  present.  Judgment in cases of impeachment
 shall not extend further than to removal from office,  or  removal  from
 office  and  disqualification  to  hold  and  enjoy any public office of
 honor, trust, or profit under this state, AND REVOCATION OF ANY  MEMBER-
 SHIP  IN  A  PUBLIC  PENSION; but the party impeached shall be liable to
 indictment and punishment according to law.
   § 3. Resolved (if the Senate concur), That the foregoing amendment  be
 referred  to  the  first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for three months previous to the time of such election.