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A00148 Summary:

BILL NOA00148
 
SAME ASSAME AS S00150
 
SPONSORCruz
 
COSPNSRSillitti, Simone
 
MLTSPNSR
 
Amd §19, Pub Off L
 
Prohibits state reimbursement of campaign and political committees, or legal defense funds, for payments made on behalf of the criminal defense of a state employee.
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A00148 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           148
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M. of A. CRUZ, SILLITTI -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the public officers  law,  in  relation  to  prohibiting
          reimbursement  of  campaign  committees  and  legal  defense funds for
          defense costs incurred on behalf of state employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 2 of section 19 of the public officers law, as
     2  amended by chapter 769 of the laws  of  1985,  is  amended  to  read  as
     3  follows:
     4    2. (a) Upon compliance by the employee with the provisions of subdivi-
     5  sion three of this section, and subject to the restrictions set forth in
     6  paragraph  (b) of this subdivision and the conditions set forth in para-
     7  graph [(b)] (c) of this subdivision, it shall be the duty of  the  state
     8  to pay reasonable attorneys' fees and litigation expenses incurred by or
     9  on  behalf of an employee in his or her defense of a criminal proceeding
    10  in a state or federal court arising out of any act which occurred  while
    11  such  employee  was  acting within the scope of his public employment or
    12  duties upon his acquittal or upon the dismissal of the criminal  charges
    13  against him or reasonable attorneys' fees incurred in connection with an
    14  appearance  before  a  grand jury which returns no true bill against the
    15  employee where such appearance was required as a result of any act which
    16  occurred while such employee was acting within the scope of  his  public
    17  employment  or duties unless such appearance occurs in the normal course
    18  of the public employment or duties of such employee.
    19    (b)  No reimbursement shall be paid pursuant to this  section  to  any
    20  campaign or political committee, or legal defense fund which pays all or
    21  any  portion  of  an  employees' reasonable attorneys' fees and/or liti-
    22  gation expenses.   Furthermore, an employee  on  whose  behalf  a  legal
    23  defense  fund or legal defense funds have been established, shall not be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01880-01-3

        A. 148                              2
 
     1  eligible for reimbursement pursuant to this section until all moneys  in
     2  such  fund  or  funds  have  been expended for the employees' reasonable
     3  attorneys' fees and/or litigation expenses.
     4    (c)  Upon  the application for reimbursement for reasonable attorneys'
     5  fees or litigation expenses or both made by or on behalf of an  employee
     6  as  provided  in subdivision three of this section, the attorney general
     7  shall determine, based upon his investigation  and  his  review  of  the
     8  facts  and  circumstances, whether such reimbursement shall be paid. The
     9  attorney general shall notify the employee in writing of  such  determi-
    10  nation. Upon determining that such reimbursement should be provided, the
    11  attorney  general shall so certify to the comptroller. Upon such certif-
    12  ication, reimbursement shall be made for such fees or expenses  or  both
    13  upon  the  audit  and  warrant  of the comptroller. On or before January
    14  fifteenth the comptroller, in consultation with the  department  of  law
    15  and  other  agencies as may be appropriate, shall submit to the governor
    16  and the legislature an  annual  accounting  of  judgments,  settlements,
    17  fees,  and  litigation expenses paid pursuant to this section during the
    18  preceding and current fiscal years. Such accounting shall  include,  but
    19  not be limited to the number, type and amount of claims so paid, as well
    20  as  an estimate of claims to be paid during the remainder of the current
    21  fiscal year and during the  following  fiscal  year.  Any  dispute  with
    22  regard  to  entitlement  to  reimbursement  or  the amount of litigation
    23  expenses or the reasonableness of attorneys' fees shall be resolved by a
    24  court of competent jurisdiction upon appropriate motion or by way  of  a
    25  special proceeding.
    26    § 2. This act shall take effect immediately.
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