NY State Senate Bill 2015-S2262

Senate Bill S2262

2015-2016 Legislative Session

Prohibits state reimbursement of campaign and political committees, legal defense fund for payments made on behalf of the criminal defense of a state employee

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2016	reported and committed to finance
Mar 03, 2016	notice of committee consideration - requested
Jan 06, 2016	referred to investigations and government operations
Apr 28, 2015	defeated in investigations and government operations
Mar 10, 2015	notice of committee consideration - requested
Jan 22, 2015	referred to investigations and government operations

Votes

- May 4, 2016 - Investigations And Government Operations Committee Vote
  S2262
  
  3
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 4, 2016
      
      aye (3)
      
      Carlucci
      
      Hoylman-Sigal
      
      Squadron
      
      nay (1)
      
      O'Mara
      
      aye wr (3)
      
      Golden
      
      Lanza
      
      Murphy
      
      excused (2)
      
      Diaz
      
      Nozzolio
  Apr 28, 2015 - Investigations And Government Operations Committee Vote
  S2262
  
  3
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 28, 2015
      
      aye (3)
      
      Carlucci
      
      Hoylman-Sigal
      
      Squadron
      
      nay (6)
      
      Diaz
      
      Golden
      
      Marcellino
      
      Murphy
      
      Nozzolio
      
      O'Mara

co-Sponsors

2015-S2262 (ACTIVE) - Details

See Assembly Version of this Bill:: A5618
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §19, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2394, A8576
2019-2020: S295
2021-2022: S164
2023-2024: S150

2015-S2262 (ACTIVE) - Summary

Prohibits state reimbursement of campaign and political committees, or legal defense fund, for payments made on behalf of the criminal defense of a state employee.

2015-S2262 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2262

TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting
reimbursement of campaign committees and legal defense funds for
defense costs incurred on behalf of state employees

PURPOSE:

To close a loophole in New York's ethics laws, preventing state
taxpayer money from being used to reimburse campaign or legal defense
accounts.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 19 of the Public Officers
Law preventing any state reimbursement to a campaign account or legal
defense account for attorneys fees and litigation expenses to a public
official after an acquittal or dismissal. Additionally, no
reimbursement shall be made to a state employee who has a legal
defense account until all funds from such account have been expended.

JUSTIFICATION:

Currently, when a state employee is acquitted of criminal charges

arising from his or her duties while in office, or has such charges
dismissed, the State provides reimbursement for all attorneys fees and
litigation expenses, subject to the approval of the Attorney General
and the Comptroller. The situation has arisen, however, where state
employees have paid for such costs using campaign funds or a special
legal defense fund, and subsequently require the taxpayers to
reimburse dormant campaign or legal defense accounts.

This bill will protect taxpayers by preventing reimbursements to a
campaign committee or legal defense fund. Additionally, the bill
provides that if a criminal defendant has a legal defense fund, he or
she will be required to expend all money in the account before he or
she would be entitled to any taxpayer reimbursement.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

Such reimbursements in the past have totaled millions of dollars for
single cases. Preventing such reimbursements would result in
substantial savings to the state.

EFFECTIVE DATE:

Immediately.

2015-S2262 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2262

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations

AN ACT to amend the public officers  law,  in  relation  to  prohibiting
  reimbursement  of  campaign  committees  and  legal  defense funds for
  defense costs incurred on behalf of state employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 2 of section 19 of the public officers law, as
amended by chapter 769 of the laws  of  1985,  is  amended  to  read  as
follows:
  2. (a) Upon compliance by the employee with the provisions of subdivi-
sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
PARAGRAPH  (B) OF THIS SUBDIVISION AND the conditions set forth in para-
graph [(b)] (C) of this subdivision, it shall be the duty of  the  state
to pay reasonable attorneys' fees and litigation expenses incurred by or
on  behalf of an employee in his or her defense of a criminal proceeding
in a state or federal court arising out of any act which occurred  while
such  employee  was  acting within the scope of his public employment or
duties upon his acquittal or upon the dismissal of the criminal  charges
against him or reasonable attorneys' fees incurred in connection with an
appearance  before  a  grand jury which returns no true bill against the
employee where such appearance was required as a result of any act which
occurred while such employee was acting within the scope of  his  public
employment  or duties unless such appearance occurs in the normal course
of the public employment or duties of such employee.
  (b)  NO REIMBURSEMENT SHALL BE PAID PURSUANT TO THIS  SECTION  TO  ANY
CAMPAIGN OR POLITICAL COMMITTEE, OR LEGAL DEFENSE FUND WHICH PAYS ALL OR
ANY  PORTION  OF  AN  EMPLOYEES' REASONABLE ATTORNEYS' FEES AND/OR LITI-
GATION EXPENSES.   FURTHERMORE, AN EMPLOYEE  ON  WHOSE  BEHALF  A  LEGAL
DEFENSE  FUND OR LEGAL DEFENSE FUNDS HAVE BEEN ESTABLISHED, SHALL NOT BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07277-02-5

S. 2262                             2

ELIGIBLE FOR REIMBURSEMENT PURSUANT TO THIS SECTION UNTIL ALL MONEYS  IN
SUCH  FUND  OR  FUNDS  HAVE  BEEN EXPENDED FOR THE EMPLOYEES' REASONABLE
ATTORNEYS' FEES AND/OR LITIGATION EXPENSES.
  (C)  Upon  the application for reimbursement for reasonable attorneys'
fees or litigation expenses or both made by or on behalf of an  employee
as  provided  in subdivision three of this section, the attorney general
shall determine, based upon his investigation  and  his  review  of  the
facts  and  circumstances, whether such reimbursement shall be paid. The
attorney general shall notify the employee in writing of  such  determi-
nation. Upon determining that such reimbursement should be provided, the
attorney  general shall so certify to the comptroller. Upon such certif-
ication, reimbursement shall be made for such fees or expenses  or  both
upon  the  audit  and  warrant  of the comptroller. On or before January
fifteenth the comptroller, in consultation with the  department  of  law
and  other  agencies as may be appropriate, shall submit to the governor
and the legislature an  annual  accounting  of  judgments,  settlements,
fees,  and  litigation expenses paid pursuant to this section during the
preceding and current fiscal years. Such accounting shall  include,  but
not be limited to the number, type and amount of claims so paid, as well
as  an estimate of claims to be paid during the remainder of the current
fiscal year and during the  following  fiscal  year.  Any  dispute  with
regard  to  entitlement  to  reimbursement  or  the amount of litigation
expenses or the reasonableness of attorneys' fees shall be resolved by a
court of competent jurisdiction upon appropriate motion or by way  of  a
special proceeding.
  S 2. This act shall take effect immediately.

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Senate Bill S2262

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Sponsored By

Michael Gianaris