NY State Senate Bill 2019-S8640

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 26, 2020	referred to rules

2019-S8640 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L

2019-S8640 (ACTIVE) - Summary

Provides that a person convicted of certain felonies or offenses may not hold civil office or a position of leadership in a political party; makes related provisions.

2019-S8640 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8640

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the public officers law, in relation to disqualification
for holding civil office or a position of leadership in a political
party

 
PURPOSE:

Prohibits certain people from holding public office or positions of
political party leaderships.

 
SUMMARY OF PROVISIONS:

Section 1 The public officers law is amended to add additional felony
crimes to lifetime ban on holding civil office, when committed through
the use of or in connection with civil office. Creates a new 10 year ban
on holding civil office for certain additional felony crimes, when
committed through or in connection with civil office.  Also creates a

new time-limit for holding leadership in political parties or committees
for certain felony offenses.

Section 2 holds that if any part of provision of this act is adjudged by
a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such judgment shall not affect or impair any other part or
provision of this act, but shall be confined in its operation to such
part or provision.

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

We have seen in the past and, unfortunately will continue to see poli-
tical parties being manipulated by people who get themselves into lead-
ership positions for the purpose of personal gain.  This type of indi-
vidual has been using political parties for his/her own self serving
reasons long before any of us were elected to public office. Most nota-
ble was that of Tammany Hall between 1850, and lasting till 1932 when
Franklin Roosevelt stripped the Tammany Organization of federal funding.
We may not have an organization demonstrating corruption of that scale
in New York State today, but corruption in political parties still exist
none the less. People join various political parties and regardless of
which party joined they expect their leadership do the right thing. They
look forward to the leadership putting the party's best interest ahead
of their own.

They would like to win elections but they want to do it through hard
work. They do not want leadership that has been found misrepresenting
the party's interest with the leaderships personal interest. When
personal interest collides with the party's interest corruption always
raises its ugly head. There must be no other option but to cut it off.

This legislation does exactly that. This legislation removes the ability
of those people that would manipulate, intimidate and / or coerce
members of any political party into supporting them for the purpose of
remaining in those positions. This legislation in place tells the party
members, "If leadership has broken the law, then that leadership has no
right to represent the parties best interest". This legislation helps to
stop the cronyism from spreading and sends a message loud and clear that
regardless of party affiliation this type of behavior will not be toler-
ated in any community within the borders of New York State. This legis-
lation prevents any technicality or mechanism currently in place from
skirting the law and removes the individual from that position.

Finally, it shows the public that the New York State Legislature takes
seriously the trust they, the voters, have given us to protect the
rights of individuals and our communities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill will take effect immediately.

2019-S8640 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8640
 
                             I N  S E N A T E
 
                               June 26, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public officers law, in relation to disqualification
   for holding civil office or a position of leadership  in  a  political
   party
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1-a of section 3 of the public officers law, as
 added by section 31-b of subpart A of part H of chapter 55 of  the  laws
 of 2014, is amended to read as follows:
   1-a.  [(i)]  (A)  No person shall be capable of holding a civil office
 who shall stand convicted of:
   (I) a felony defined in article two hundred or four hundred ninety-six
 or section 195.20 of the penal law;
   (II) A FELONY, COMMITTED THROUGH THE USE OF OR IN CONNECTION WITH SUCH
 POSITION, DEFINED IN SECTION 155.30 OF THE PENAL LAW (GRAND  LARCENY  IN
 THE  FOURTH  DEGREE);  SECTION 155.35 OF THE PENAL LAW (GRAND LARCENY IN
 THE THIRD DEGREE); SECTION 155.40 OF THE PENAL LAW (GRAND LARCENY IN THE
 SECOND DEGREE); SECTION 155.42 OF THE PENAL LAW (GRAND  LARCENY  IN  THE
 FIRST DEGREE); SECTION 190.60 OF THE PENAL LAW (SCHEME TO DEFRAUD IN THE
 SECOND DEGREE); OR SECTION 190.65 OF THE PENAL LAW (SCHEME TO DEFRAUD IN
 THE FIRST DEGREE);
   (III)  A  FELONY,  COMMITTED  THROUGH THE USE OF OR IN CONNECTION WITH
 SUCH POSITION, UNDER CHAPTER 19, 31 OR 63 OF  TITLE  18  OF  THE  UNITED
 STATES CODE; OR
   (IV)  AN  OFFENSE,  COMMITTED THROUGH THE USE OF OR IN CONNECTION WITH
 SUCH POSITION, IN THIS OR ANY OTHER JURISDICTION WHICH INCLUDES  ALL  OF
 THE  ESSENTIAL  ELEMENTS OF A FELONY DESCRIBED IN SUBPARAGRAPH (I), (II)
 OR (III) OF THIS PARAGRAPH.
   (B) IN ADDITION TO THE DISQUALIFICATIONS OTHERWISE SET FORTH  IN  THIS
 SUBDIVISION, NO PERSON SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE, FOR A
 PERIOD OF TEN YEARS FOLLOWING THE COMPLETION OF ANY SENTENCE, WHO STANDS
 CONVICTED  OF  A  FELONY  DEFINED  IN ARTICLE ONE HUNDRED SEVENTY OF THE
 PENAL LAW (FORGERY AND RELATED OFFENSES), ARTICLE ONE  HUNDRED  SEVENTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14994-02-0

 S. 8640                             2
 
 FIVE  OF  THE  PENAL LAW (FALSE WRITTEN STATEMENTS), ARTICLE TWO HUNDRED
 TEN OF THE PENAL LAW (PERJURY AND RELATED OFFENSES), ARTICLE TWO HUNDRED
 FIFTEEN OF THE PENAL LAW (OTHER OFFENSES RELATING TO JUDICIAL AND  OTHER
 PROCEEDINGS),  A  FELONY DEFINED IN CHAPTER 47 OF TITLE 18 OF THE UNITED
 STATES CODE, OR AN OFFENSE IN  THIS  OR  ANY  OTHER  JURISDICTION  WHICH
 INCLUDES  ALL  OF THE ESSENTIAL ELEMENTS OF ANY FELONY DESCRIBED IN THIS
 PARAGRAPH.
   (C) IN ADDITION TO THE DISQUALIFICATIONS OTHERWISE SET FORTH  IN  THIS
 SUBDIVISION, NO PERSON SHALL BE CAPABLE OF HOLDING A POSITION OF LEADER-
 SHIP  IN  A POLITICAL PARTY WHO STANDS CONVICTED OF A CRIME SET FORTH IN
 PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, COMMITTED THROUGH THE  USE  OF
 OR  IN  CONNECTION  WITH SUCH POSITION OR PUBLIC OFFICE, FOR A PERIOD OF
 TEN YEARS FOLLOWING THE COMPLETION OF ANY SENTENCE.
   (D) IN ADDITION TO THE DISQUALIFICATIONS OTHERWISE SET FORTH  IN  THIS
 SUBDIVISION, NO PERSON SHALL BE CAPABLE OF JOINING A POLITICAL COMMITTEE
 WHO  STANDS  CONVICTED OF A CRIME SET FORTH IN PARAGRAPH (A), (B) OR (C)
 OF THIS SUBDIVISION, COMMITTED THROUGH THE USE OF OR IN CONNECTION  WITH
 SUCH POSITION OR PUBLIC OFFICE, FOR A PERIOD OF FIVE YEARS FOLLOWING THE
 COMPLETION OF ANY SENTENCE.
   (E)  THE  GRANTING  OF  A  CERTIFICATE  OF RELIEF FROM DISABILITIES OR
 CERTIFICATE OF GOOD CONDUCT, PURSUANT TO ARTICLE TWENTY-THREE-A  OF  THE
 CORRECTION LAW, SHALL NOT AFFECT THE DISQUALIFICATIONS SET FORTH IN THIS
 SUBDIVISION.
   [(ii)  Any individual] (F) IN ADDITION TO THE DISQUALIFICATIONS OTHER-
 WISE SET FORTH IN THIS SUBDIVISION, NO PERSON SHALL BE CAPABLE OF  HOLD-
 ING  CIVIL OFFICE FOR A PERIOD OF FIVE YEARS FOLLOWING THE COMPLETION OF
 ANY SENTENCE who stands convicted of: a misdemeanor defined  in  article
 two  hundred,  article  four hundred ninety-six or section 195.00 of the
 penal law [may not hold civil office for a period of five years from the
 date of conviction], provided that in the event such conviction  is  the
 result of a plea agreement resulting in a plea to such charge in lieu of
 a  plea or conviction of a felony defined in section 195.20, article two
 hundred or article four hundred ninety-six of the penal law, OR A FELONY
 DESCRIBED IN PARAGRAPH (A), (B)  OR  (C)  OF  THIS  SUBDIVISION,  OR  AN
 OFFENSE  DESCRIBED  IN PARAGRAPH (D) OF THIS SUBDIVISION, all parties to
 such agreement may agree that the period of such bar may be for a period
 of up to ten years from [the date of conviction] COMPLETION OF SENTENCE.
   § 2. If any part of provision of this act is adjudged by  a  court  of
 competent jurisdiction to be unconstitutional or otherwise invalid, such
 judgment  shall not affect or impair any other part or provision of this
 act, but shall be confined in its operation to such part or provision.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 convictions entered before, on or after such date.

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Senate Bill S8640

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S8640 (ACTIVE) - Details

2019-S8640 (ACTIVE) - Summary

2019-S8640 (ACTIVE) - Sponsor Memo

2019-S8640 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8640

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S8640 (ACTIVE) - Details

2019-S8640 (ACTIVE) - Summary

2019-S8640 (ACTIVE) - Sponsor Memo

2019-S8640 (ACTIVE) - Bill Text download pdf

Comments