NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4643A
SPONSOR: Stec (MS) 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 removal of pension and retirement benefits from persons
convicted of certain felonies
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would amend the New York State Constitution, in
relation to the removal of pension and retirement benefits from persons
convicted of certain felony offenses while serving as an elected offi-
cial, or officer of the state.
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 amends article 5, section 7 of the Constitution to define a
criminal conviction in the course of official duties as in effect void-
ing the contractual nature of a state pension and benefits.
Section 2 resolves that if a subsequent legislature approves that the
proposed amendment will appear on the next ballot.
JUSTIFICATION:
When an elected official is convicted of a felony directly related to,
such official's elected position it represents exactly the kind of
breach of the public trust that leads to cynicism and loss of faith in
public servants. It is insulting and demoralizing to the people of the
state to watch their tax monies expended towards providing a sinecure to
felons, who have in many cases enriched themselves at the expense of the
very taxpayers they had sworn to serve. It has been argued that Article
5, Section 7 of the Constitution prevents the legislature from accom-
plishing this goal statutorily, leaving an amendment to the State
Constitution as the best means to prevent this form of injustice going
forward.
PRIOR LEGISLATIVE HISTORY:
2013-14: A4935 held for consideration in Governmental Employees
2011-12: A.702 held for consideration in Governmental Employees
2010: A11201 held for consideration in Governmental Employees
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Resolved ( if the Senate concur), That the foregoing 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.
STATE OF NEW YORK
________________________________________________________________________
4643--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 5, 2015
___________
Introduced by M. of A. STEC, WALTER, DUPREY, CROUCH, LALOR, FINCH, RAIA,
MONTESANO, BARRETT, BORELLI, BARCLAY, LUPINACCI, McKEVITT, FITZPA-
TRICK, KEARNS, DiPIETRO, McLAUGHLIN, CURRAN, HAWLEY, MALLIOTAKIS,
GOODELL, CORWIN, BLANKENBUSH, NOJAY, OAKS, KOLB, RA, TEDISCO, LOPEZ --
Multi-Sponsored by -- M. of A. BUTLER, KATZ, McDONALD, McDONOUGH,
TENNEY, THIELE -- read once and referred to the Committee on Govern-
mental Employees -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 5 of the constitution, in
relation to removal of pension and retirement benefits from persons
convicted of certain felonies
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 except in instances where the member is convicted
7 of any felony offenses as defined by state or federal law and when that
8 offense was directly related to assigned duties while serving as an
9 elected official, or officer of the state or of a civil division there-
10 of. In such a case the contractual relationship will be deemed to have
11 been severed by the beneficiary due to their breach of the public trust
12 and violation of their oath of office. The provisions of this section
13 shall not preclude any state or local officer from receiving a refund of
14 any contributions made by such officer to a public retirement system or
15 pension plan.
16 § 2. Resolved (if the Senate concur), That the foregoing amendment be
17 referred to the first regular legislative session convening after the
18 next succeeding general election of members of the assembly, and, in
19 conformity with section 1 of article 19 of the constitution, be
20 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.
LBD89060-02-5
