NY State Senate Bill 2017-S418

Archive: Last Bill Status Via A1749 - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2017	opinion referred to judiciary
Feb 03, 2017	delivered to secretary of state
Jan 30, 2017	returned to assembly passed senate 3rd reading cal.54 substituted for s418
Feb 10, 2017	opinion referred to judiciary
Jan 30, 2017	substituted by a1749
Jan 23, 2017	ordered to third reading cal.54 committee discharged and committed to rules
Jan 13, 2017	to attorney-general for opinion
Jan 04, 2017	referred to judiciary

Votes

- Jan 30, 2017 - Floor Vote
  A1749
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 30, 2017
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Perkins
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (4)
      
      Diaz
      
      Montgomery
      
      Parker
      
      Savino
      
      excused (2)
      
      Hannon
      
      Little
  Jan 23, 2017 - Rules Committee Vote
  S418
  
  21
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 23, 2017
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      nay (3)
      
      Montgomery
      
      Parker
      
      Savino
      
      excused (1)
      
      Perkins

co-Sponsors

View additional co-sponsors

2017-S418 (ACTIVE) - Details

See Assembly Version of this Bill:: A1749
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 5 §7, Constn
Versions Introduced in 2015-2016 Legislative Session:: S8163, A10739

2017-S418 (ACTIVE) - Summary

Relates to providing for the reduction or revocation of the public pension of a public officer; authorizes the court to determine whether to reduce or revoke such pension based on the defined terms, and to 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; makes related provisions.

2017-S418 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S418

 TITLE OF BILL :

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

 SUMMARY OF PROVISIONS :

Section 1 amends Article 5, Section 7 of the state constitution
providing that the public pension of a public officer who stands
convicted of a felony, which has a direct and actual relationship to
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 definition of a "public officer" for purposes of this
amendment shall include elected officials, direct gubernatorial
appointees, municipal managers, department heads, chief fiscal
officers, judges and policy-makers.

The court's determination whether to reduce or revoke a public
official's pension shall be based on consideration of factors such as
severity of the crime and the proportionality of such crime to the
reduction or revocation of such pension.

A court issuing an order to reduce or revoke such pension 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.

These provisions will only apply to crimes committed on or after the
first of January next succeeding the date upon which the voters of New
York State approve a constitutional amendment proposed by this
resolution.

 REASONS FOR SUPPORT :

A public officer in the State of New York can currently accept bribes,
steal public funds or engage in numerous other forms of public
corruption and yet still feel secure in the knowledge that even if
convicted of these serious crimes and thrown in jail, there will still
be a state pension check sent their way every month for the rest of
their lives. No matter how serious the offense or how grossly a state
officer or local officer has abused his or her public position,
current law still assures most public officers that their state
pensions cannot be challenged. As part of the Public integrity Reform
Act (Ch. 399 of the Laws of 2011), public officials who joined the
state retirement system on or after November 13, 2011 are subject to
forfeiture of their pension benefits if they commit certain felonies
related to their public office.

The bill recognizes that the rights of the public and taxpayers (and
indeed law-abiding public servant beneficiaries of the state pension
system) can outweigh the expectations a corrupt public official has in
his or her state pension. Without this sort of change, New Yorkers are
left with a situation under state law in which pensions are paid no
matter how corruptly a public officer has undermined the public trust.
In addition, this legislation if enacted would give many public
officers prone to putting their personal interests above the needs of
the public a significant reason to refrain from doing so.  This
constitutional amendment would, in effect, remind public officers that
when they are sworn into office, they must sign a solemn oath stating
that they will uphold the laws and the Constitution that govern New
York State. This oath sets the highest standard for integrity of the
public's trust. A violation of that trust, while in office, demands
pecuniary as well as criminal penalty.

 PRIOR LEGISLATIVE HISTORY :

S.8163 of 2015/16: First Passage

 FISCAL IMPACT :

None, other than possible savings to the state pension fund.

 EFFECTIVE DATE :
If the Assembly concurs, the foregoing amendment will 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 3 months previous to the time of such election.

2017-S418 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    418
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  CROCI,  HANNON,  SERINO -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
             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 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) NOTWITHSTANDING  SUBDIVISION  (A)  OF  THIS  SECTION,  THE  PUBLIC
 PENSION  OF  A  PUBLIC  OFFICER,  AS  DEFINED  IN  PARAGRAPH (C) OF THIS
 SECTION, WHO STANDS CONVICTED OF A FELONY FOR WHICH SUCH  FELONY  HAS  A
 DIRECT  AND  ACTUAL  RELATIONSHIP TO THE PERFORMANCE OF THE PUBLIC OFFI-
 CER'S EXISTING DUTIES, MAY BE REDUCED OR REVOKED, FOLLOWING NOTICE AND A
 HEARING BY AN APPROPRIATE COURT, AS PROVIDED BY LAW.  THE COURT DETERMI-
 NATION 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)  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF THIS SECTION, THE TERM
 "PUBLIC OFFICER" SHALL MEAN: (I) AN OFFICIAL FILLING AN  ELECTED  OFFICE
 WITHIN  THE  STATE; (II) A HOLDER OF OFFICE FILLED BY DIRECT APPOINTMENT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89025-01-7

 S. 418                              2
 
 BY THE GOVERNOR OF THIS STATE, EITHER UPON OR WITHOUT  SENATE  CONFIRMA-
 TION;  (III)  A  COUNTY, CITY, TOWN OR VILLAGE ADMINISTRATOR, MANAGER OR
 EQUIVALENT POSITION; (IV) THE HEAD  OR  HEADS  OF  ANY  STATE  OR  LOCAL
 GOVERNMENT DEPARTMENT, DIVISION, BOARD, COMMISSION, BUREAU, PUBLIC BENE-
 FIT  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)
 THE CHIEF FISCAL OFFICER OR TREASURER OF ANY  MUNICIPAL  CORPORATION  OR
 POLITICAL  SUBDIVISION  OF  THE  STATE;  (VI)  A JUDGE OR JUSTICE OF THE
 UNIFIED COURT SYSTEM; AND (VII) 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 SHALL ONLY APPLY TO CRIMES COMMITTED
 ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE UPON WHICH THE
 PEOPLE SHALL APPROVE AND RATIFY THE AMENDMENT TO THE  CONSTITUTION  THAT
 ADDED THIS PARAGRAPH.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be submitted to the people for approval at the general  election  to  be
 held  in the year 2017 in accordance with the provisions of the election
 law.

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Senate Bill S418

Sponsored By

Archive: Last Bill Status Via A1749 - In Assembly Committee

Jan 30, 2017 - Floor Vote

Floor Vote: Jan 30, 2017

Jan 23, 2017 - Rules Committee Vote

Rules Committee Vote: Jan 23, 2017

co-Sponsors

2017-S418 (ACTIVE) - Details

2017-S418 (ACTIVE) - Summary

2017-S418 (ACTIVE) - Sponsor Memo

2017-S418 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S418

Share this bill

Sponsored By

Archive: Last Bill Status Via A1749 - In Assembly Committee

co-Sponsors

2017-S418 (ACTIVE) - Details

2017-S418 (ACTIVE) - Summary

2017-S418 (ACTIVE) - Sponsor Memo

2017-S418 (ACTIVE) - Bill Text download pdf

Comments