New York State Assembly

 
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A10144 Summary:

A10144 Actions:

A10144 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Zebrowski      
DATE:05/24/2022AYE/NAY:13/0  Action: Favorable refer to committee Rules        
Zebrowski
Aye
Lawler
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Excused
Kim
Aye
Byrne
Aye
Bichotte Hermel
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye
Wallace
Aye
Meeks
Aye

Committee:RULES   Chair:Gottfried      
DATE:05/31/2022AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye

A10144 Floor Votes:

A10144 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10144--B
 
                   IN ASSEMBLY
 
                                       May 2, 2022
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee  on Governmental Operations -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the public officers law, in relation to the creation  of
          vacancies  in  a  public office upon entering a guilty plea in federal
          court to a felony or crime involving a violation of an oath of office
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  e of subdivision 1 of section 30 of the public
     2  officers law, as amended by chapter 454 of the laws of 1987, is  amended
     3  to read as follows:
     4    e.  His  or  her  conviction  of  a felony, [or] conviction of a crime
     5  involving a violation of his or her oath of office, or upon  entering  a
     6  guilty plea in federal court to a felony, or upon entering a guilty plea
     7  in  federal court to a crime involving a violation of his or her oath of
     8  office, provided, however, that a non-elected  official  may  apply  for
     9  reinstatement  to the appointing authority upon reversal or the vacating
    10  of such conviction where the conviction is the sole basis for the vacan-
    11  cy. After receipt of such application, the  appointing  authority  shall
    12  afford  such  applicant  a hearing to determine whether reinstatement is
    13  warranted. The record of the hearing shall include the final judgment of
    14  the court which reversed or vacated such conviction and may also include
    15  the entire employment history of the applicant and any other submissions
    16  which may form the  basis  of  the  grant  or  denial  of  reinstatement
    17  notwithstanding  the  reversal  or vacating of such conviction. Notwith-
    18  standing any law to the contrary,  after  review  of  such  record,  the
    19  appointing  authority may, in its discretion, reappoint such non-elected
    20  official to his or her former office, or a similar office if his or  her
    21  former  office  is  no  longer  available.  In  the  event of such rein-
    22  statement, the appointing authority may, in its discretion, award salary
    23  or compensation in full or in part for the period  from  the  date  such
    24  office became vacant to the date of reinstatement or any part thereof;
    25    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15453-03-2