-  This bill is not active in this session.
 

S00418 Summary:

BILL NOS00418
 
SAME ASSAME AS A01749
 
SPONSORCROCI
 
COSPNSRAMEDORE, BROOKS, CARLUCCI, FUNKE, HANNON, HELMING, JACOBS, KAMINSKY, LARKIN, MURPHY, O'MARA, PHILLIPS, RANZENHOFER, SERINO, VALESKY
 
MLTSPNSR
 
Amd Art 5 7, Constn
 
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.
Go to top    

S00418 Actions:

BILL NOS00418
 
01/04/2017REFERRED TO JUDICIARY
01/13/2017TO ATTORNEY-GENERAL FOR OPINION
01/23/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/23/2017ORDERED TO THIRD READING CAL.54
01/30/2017SUBSTITUTED BY A1749
 A01749 AMEND= Buchwald
 02/10/2017OPINION REFERRED TO JUDICIARY
 01/13/2017referred to judiciary
 01/17/2017to attorney-general for opinion
 01/23/2017reported referred to rules
 01/23/2017reported
 01/23/2017rules report cal.15
 01/23/2017ordered to third reading rules cal.15
 01/30/2017passed assembly
 01/30/2017delivered to senate
 01/30/2017REFERRED TO RULES
 01/30/2017SUBSTITUTED FOR S418
 01/30/20173RD READING CAL.54
 01/30/2017PASSED SENATE
 01/30/2017RETURNED TO ASSEMBLY
 02/03/2017delivered to secretary of state
 02/09/2017opinion referred to judiciary
Go to top

S00418 Memo:

Memo not available
Go to top

S00418 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           418
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sens.  CROCI,  HANNON,  SERINO -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary
 
                    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 Assembly concur), That section 7 of arti-
     2  cle 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.
    23    (c)  For  the  purposes  of  paragraph  (b)  of this section, the term
    24  "public officer" shall mean: (i) an official filling an  elected  office
    25  within  the  state; (ii) a holder of office filled by direct appointment
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89025-01-7

        S. 418                              2
 
     1  by the governor of this state, either upon or without  senate  confirma-
     2  tion;  (iii)  a  county, city, town or village administrator, manager or
     3  equivalent position; (iv) the head  or  heads  of  any  state  or  local
     4  government department, division, board, commission, bureau, public bene-
     5  fit  corporation,  or public authority of this state who are vested with
     6  authority, direction and control over such department, division,  board,
     7  commission,  bureau, public benefit corporation or public authority; (v)
     8  the chief fiscal officer or treasurer of any  municipal  corporation  or
     9  political  subdivision  of  the  state;  (vi)  a judge or justice of the
    10  unified court system; and (vii) a legislative,  executive,  or  judicial
    11  employee of this state who directly assists in the formulation of legis-
    12  lation,  rules, regulations, policy, or judicial decision-making and who
    13  is designated as a policymaker as set forth in statute.
    14    (d) Paragraph (b) of this section shall only apply to crimes committed
    15  on or after the first of January next succeeding the date upon which the
    16  people shall approve and ratify the amendment to the  constitution  that
    17  added this paragraph.
    18    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    19  be submitted to the people for approval at the general  election  to  be
    20  held  in the year 2017 in accordance with the provisions of the election
    21  law.
Go to top

S00418 LFIN:

 NO LFIN
Go to top