A09010 Summary:

BILL NOA09010
 
SAME ASSAME AS S06410
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Art 5 7, Constn
 
Relates to the forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment.
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A09010 Actions:

BILL NOA09010
 
01/14/2016referred to ways and means
02/11/2016to attorney-general for opinion
03/09/2016opinion referred to judiciary
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A09010 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9010
 
SPONSOR: Budget
  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 forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment   PURPOSE: This bill would require any public official who is convicted of a crime related to public office to forfeit his or her pension. Public officials who are convicted of public corruption should not have taxpayers pay for their retirement.   SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT: This proposal would amend the New York State Constitution, subject to voter approval, to require that public officials who are members of a public pension or retirement system and convicted of a crime related to public office, be subject to forfeiture of pension benefits, rights and privileges. This requirement would apply regardless of when the public official was elected to office or when the bad act occurred.   BUDGET IMPLICATIONS: Enactment of this bill is necessary to implement the 2016-17 Executive Budget in order to combat corruption by public officials.   EFFECTIVE DATE: This amendment to the State Constitution would be referred to the first regular legislative session convening after the next succeeding general election of members of the Assembly and Senate. If approved, this amend- ment would be submitted to voters at the next general election.
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A09010 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9010
 
                   IN ASSEMBLY
 
                                    January 14, 2016
                                       ___________
 
        A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
          the Constitution -- read once and referred to the  Committee  on  Ways
          and Means
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 7 of article 5 of the constitution, in
          relation  to  forfeiture of pension rights or retirement benefits upon
          conviction of a felony related to public employment
 
     1    Section 1. Resolved (if the Senate concur), That section 7 of  article
     2  5 of the constitution be amended to read as follows:
     3    §  7.  After  July  first,  nineteen  hundred forty, membership in any
     4  pension or retirement system of the state or of a civil division thereof
     5  shall be a contractual relationship, the benefits of which shall not  be
     6  diminished  or impaired.  A public official who is a member of a pension
     7  or retirement system who is convicted  of  a  crime  related  to  public
     8  office  shall  be  deemed  to  have  wilfully  breached such contractual
     9  relationship regardless of when such relationship was established.  As a
    10  result of such breach, all benefits, rights and privileges he or she may
    11  have under such pension or retirement system  regardless  of  when  such
    12  rights  or  privileges accrued or vested, shall be subject to forfeiture
    13  as provided by law.
    14    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    15  referred  to  the  first regular legislative session convening after the
    16  next succeeding general election of members of  the  assembly,  and,  in
    17  conformity  with  section  1  of  article  19  of  the  constitution, be
    18  published for 3 months previous to the time of such election.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89117-01-6
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