New York State Assembly

 
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A01749 Summary:

A01749 Actions:

A01749 Committee Votes:

Committee:RULES   Chair:Heastie      
DATE:01/23/2017AYE/NAY:27/0  Action: Favorable         Correction Date:01/27/2017
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

Committee:JUDICIARY   Chair:Weinstein      
DATE:01/23/2017AYE/NAY:20/0  Action: Favorable refer to committee Rules        
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

A01749 Floor Votes:

A01749 Text:

 
                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.
                                                                   LBD89025-01-7
        A. 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.