Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 01, 2022 |
opinion referred to judiciary |
Jan 28, 2022 |
to attorney-general for opinion |
Jan 05, 2022 |
referred to judiciary |
Nov 17, 2021 |
opinion referred to judiciary |
Oct 27, 2021 |
to attorney-general for opinion |
Aug 06, 2021 |
referred to rules |
Senate Bill S7316
2021-2022 Legislative Session
Sponsored By
(D) 42nd Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
co-Sponsors
(R, C) Senate District
(R) Senate District
(R, C, IP) 45th Senate District
2021-S7316 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8237
- Current Committee:
- Senate Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Amd Art 5 §7, Art 6 §24, Constn
- Versions Introduced in 2023-2024 Legislative Session:
-
S3504, A3426
2021-S7316 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7316 SPONSOR: SKOUFIS 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 PURPOSE OR GENERAL IDEA OF BILL: This bill would propose an amendment to the New York State Constitution, regarding the revocation of the public pension of a public officer who stands convicted on an impeachment. SUMMARY OF PROVISIONS: Section 1 amends Article 5, Section 7 of the State Constitution provid- ing that the membership in any public pension of a public officer who stands convicted on an impeachment shall be revoked, including any public officer convicted on an impeachment before the effective date of
2021-S7316 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7316 2021-2022 Regular Sessions I N S E N A T E August 6, 2021 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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) (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
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