- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A01749 Summary:
BILL NO | A01749 |
  | |
SAME AS | SAME AS S00418 |
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SPONSOR | Buchwald |
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COSPNSR | Morelle, Castorina, Galef, Lavine, Mayer, Barrett, Cusick, Lupardo, McDonald, Paulin, Rozic, Brindisi, DenDekker, Jaffee, Montesano, Peoples-Stokes, Bronson, Dinowitz, Johns, Magee, Ortiz, Pichardo, Santabarbara, Fahy, Malliotakis, Otis, Quart, Schimminger, Seawright, Sepulveda, Skoufis, Stec, Steck, Woerner, Stirpe, Zebrowski, Thiele, Wallace, Simon, Finch, Norris, Murray, Simotas, Jones, Gunther, Palumbo, Kolb |
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MLTSPNSR | Walsh |
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Amd Art 5 §7, Constn | |
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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. |
A01749 Actions:
BILL NO | A01749 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/13/2017 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | to attorney-general for opinion | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2017 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2017 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2017 | rules report cal.15 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2017 | ordered to third reading rules cal.15 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | SUBSTITUTED FOR S418 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | 3RD READING CAL.54 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2017 | delivered to secretary of state | |||||||||||||||||||||||||||||||||||||||||||||||||
02/09/2017 | opinion referred to judiciary |
A01749 Committee Votes:
Heastie | Aye | Kolb | Aye | ||||||
Gottfried | Aye | Oaks | Aye | ||||||
Lentol | Excused | Butler | Aye | ||||||
Farrell | Aye | Crouch | Aye | ||||||
Gantt | Aye | Finch | Aye | ||||||
Nolan | Excused | Barclay | Aye | ||||||
Weinstein | Aye | Raia | Aye | ||||||
Hooper | Aye | Hawley | Aye | ||||||
Ortiz | Excused | ||||||||
Pretlow | Aye | ||||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Morelle | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Excused | ||||||||
Perry | Aye | ||||||||
Galef | Aye | ||||||||
Paulin | Aye | ||||||||
Titus | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Weinstein | Aye | Montesano | Aye | ||||||
Dinowitz | Aye | Barclay | Aye | ||||||
Titus | Aye | Goodell | Aye | ||||||
Lavine | Aye | Graf | Aye | ||||||
Zebrowski | Aye | Lupinacci | Aye | ||||||
Weprin | Aye | Palumbo | Aye | ||||||
Braunstein | Aye | ||||||||
Simotas | Aye | ||||||||
Quart | Excused | ||||||||
Titone | Aye | ||||||||
Buchwald | Aye | ||||||||
Steck | Aye | ||||||||
Seawright | Aye | ||||||||
Simon | Aye | ||||||||
Joyner | Aye | ||||||||
Go to top
A01749 Floor Votes:
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
Yes
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
ER
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
ER
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Peoples-Stokes
Yes
Solages
Yes
Barron
Yes
Dickens
Yes
Hikind
Yes
Mayer
Yes
Perry
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pichardo
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pretlow
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Quart
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Ra
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Raia
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Ramos
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Richardson
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
Yes
Walsh
ER
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rodriguez
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Saladino
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A01749 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A1749 SPONSOR: Buchwald
  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: Provides that certain state and local officers convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits.   SUMMARY OF PROVISIONS: Section 1 amends Article 5, Section 7 of the state constitution to provide that a public officer, as defined in this resolution, who stands convicted of a felony which had a direct and actual relationship to the person's duties as a public officer may have their pension reduced or revoked following notice and a court hearing. The court's determination to reduce or revoke shall take into consideration factors including the severity of the crime, the proportionality of a reduction or a revoca- tion to such crime and whether the reduction or revocation would result in undue hardship to an innocent spouse, minor children or other depen- dents after consideration of their financial needs and resources. A convicted public officer may also be entitled to a refund of their actu- al contributions as determined by the court. The definition of public officer, for the purposes of this section, is provided in paragraph (c) to include elected officials, direct gubernatorial appointees, municipal managers, department heads, chief fiscal officers, judges and policy- makers. 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. Section 2 states that the constitutional amendment would be voted on by the people of New York.   JUSTIFICATION: 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, under state law 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 gross- ly a state officer or local officer has abused his or her public posi- tion, 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 forfei- ture of their pension benefits if they commit certain felonies related to their public office. However, the vast majority of New York State public officers entered the State retirement system before November 2011. This bill proposes a constitutional amendment so that higher level public officers can have their pension benefits reduced or revoked when convicted of a felony that had a direct and actual relationship to the person's service as a public officer. A constitutional amendment is required because of the protections our State Constitution grants to public pensions. Article 5, Section 7 of the State Constitution says that public pensions involve a contractual relationship that cannot be reduced or impaired, unless of course the State Constitution itself is amended. Convicted public officers may be refunded their own contrib- utions, made with their own money as opposed to taxpayer money, to the pension system or plan. However, a court may order that payment of these funds be withheld if the individual is ordered to pay restitution to the state or a municipality for losses incurred as a result the guilty party's actions. The amendment applies to felonies that had a direct and actual relation- ship to the person's duties as a public officer. Furthermore, this proposal only impacts public office holders who have been convicted of such felonies - not just charged, but convicted. 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. Simply put, public officers who commit felonies in direct connection with their duties as a public officer have not earned their full state pensions, and the People of the State of New York deserve the opportu- nity to vote on a state constitutional amendment that would uphold that principle.   LEGISLATIVE HISTORY: 2016: A10739/S8163 Passed Assembly and Senate (First Passage) 2015 and 2016: A. 7704 Passed Assembly - S. 8163 (Croci) - Passed Senate 2015 (March): A.6722 (Updated version of Governor's proposed budget bill, carried by Buchwald) - Referred to Judiciary / S.4611 (Budget) - Passed Senate 2015 (January): A.377A (Buchwald) - Referred to Governmental Operations 2014 - A.7173 (Buchwald) - Passed Governmental Operations Committee)/ 2013 - A.7173 (Buchwald) - introduced in May. / S.1133 (Breslin) 2011/2012 - S.2768 (Breslin) Remained in Senate Committee on Judiciary   FISCAL IMPACT: Savings to the State to the extent it enables the state pension fund to not have to make payments to certain convicted felons.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None   EFFECTS ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS: Subjects certain public officers convicted of a felony committed in direct connection with service as a public officer to a reduction or revocation of their public pensions.   EFFECTIVE DATE: The constitutional amendment applies 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.
A01749 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1749 2017-2018 Regular Sessions IN ASSEMBLY January 13, 2017 ___________ Introduced by M. of A. BUCHWALD, MORELLE, CASTORINA, GALEF, LAVINE, MAYER, BARRETT, CUSICK, GJONAJ, LUPARDO, McDONALD, PAULIN, ROZIC, BRINDISI, DenDEKKER, JAFFEE, LUPINACCI, MONTESANO, PEOPLES-STOKES, BRONSON, DINOWITZ, JOHNS, MAGEE, ORTIZ, PICHARDO, SANTABARBARA, FAHY, KEARNS, MALLIOTAKIS, OTIS, QUART, SCHIMMINGER, SEAWRIGHT, SEPULVEDA, SKOUFIS, STEC, STECK, WOERNER, STIRPE, ZEBROWSKI, THIELE -- read once and referred to the Committee on Judiciary 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 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. (a) 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. 7 (b) Notwithstanding subdivision (a) of this section, the public 8 pension of a public officer, as defined in paragraph (c) of this 9 section, who stands convicted of a felony for which such felony has a 10 direct and actual relationship to the performance of the public offi- 11 cer's existing duties, may be reduced or revoked, following notice and a 12 hearing by an appropriate court, as provided by law. The court determi- 13 nation whether to reduce or revoke such pension shall be based on the 14 consideration of factors including the severity of the crime and the 15 proportionality of a reduction or revocation of such pension to such 16 crime. When a court issues an order to reduce or revoke such pension, 17 the court shall consider and determine specific findings as to the 18 amount of such forfeiture, if any, and whether forfeiture, in whole or 19 in part, would result in undue hardship or other inequity upon any 20 dependent children, spouse or other dependents; and other factors as 21 provided by law. The legislature shall enact legislation to implement 22 this amendment taking into account interests of justice. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89025-01-7A. 1749 2 1 (c) For the purposes of paragraph (b) of this section, the term 2 "public officer" shall mean: (i) an official filling an elected office 3 within the state; (ii) a holder of office filled by direct appointment 4 by the governor of this state, either upon or without senate confirma- 5 tion; (iii) a county, city, town or village administrator, manager or 6 equivalent position; (iv) the head or heads of any state or local 7 government department, division, board, commission, bureau, public bene- 8 fit corporation, or public authority of this state who are vested with 9 authority, direction and control over such department, division, board, 10 commission, bureau, public benefit corporation or public authority; (v) 11 the chief fiscal officer or treasurer of any municipal corporation or 12 political subdivision of the state; (vi) a judge or justice of the 13 unified court system; and (vii) a legislative, executive, or judicial 14 employee of this state who directly assists in the formulation of legis- 15 lation, rules, regulations, policy, or judicial decision-making and who 16 is designated as a policymaker as set forth in statute. 17 (d) Paragraph (b) of this section shall only apply to crimes committed 18 on or after the first of January next succeeding the date upon which the 19 people shall approve and ratify the amendment to the constitution that 20 added this paragraph. 21 § 2. Resolved (if the Senate concur), That the foregoing amendment be 22 submitted to the people for approval at the general election to be held 23 in the year 2017 in accordance with the provisions of the election law.
A01749 LFIN:
  | NO LFIN |