S3048-2013 Actions

• Feb 21, 2013: OPINION REFERRED TO JUDICIARY
• Jan 31, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 29, 2013: REFERRED TO JUDICIARY

S3048-2013 Memo

BILL NUMBER:S3048

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: Provides that any elected official who is convicted of a
felony offense involving their position of public trust shall forfeit
their pension benefits.

SUMMARY OF PROVISIONS: adds a new section to article 5 section 7 of
the Constitution that bars any elected official convicted of a felony
offense that occurred during their time in office from collecting
their pension benefits earned while in such office.

JUSTIFICATION: At the present time, New York State does not have a
policy in place that will forfeit the pension benefits of any elected
official who is convicted of a felony offense committed through the
abuse of their office.

When an elected official is sworn into office, they take an oath to
uphold the Constitution and laws of New York State. This oath sets the
highest standards for integrity. Violating that public trust requires
criminal penalties. It also demands penalties that bar elected
officials from receiving benefits after their conviction and removal
from office.

Previous legislation has sought to reduce or eliminate benefits of
elected officials convicted of a crime related to their employment.
However, these pieces of legislation do not go far enough. It is
necessary to amend the New York State Constitution as barring a
pension contends with a contractual relationship and as a result those
benefits cannot be reduced or impaired simply by changing the law. It
is likely those proposals are unconstitutional. Therefore, amending
the current State Constitution is necessary.

LEGISLATIVE HISTORY:  2011-12: S. 5006-A - Committed to Rules/A.
9775-A - Referred to Attorney-General for Opinion

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved ( if the Assembly concur), that the foregoing
amendment 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.

S3048-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3048

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 29, 2013
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
    when printed to be committed 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 removal of pension and retirement  benefits  from  persons
    convicted of certain felonies

    Section 1.  Resolved (if the Assembly concur), That section 7 of arti-
  cle 5 of the constitution be amended to read as follows:

    S  7.  After  July  first,  nineteen  hundred forty, membership in any
  pension or retirement system of the state or of a civil division thereof
  shall be a contractual relationship, the benefits of which shall not  be
  diminished or impaired. ANY ELECTED OFFICIAL WHO IS CONVICTED OF A FELO-
  NY OFFENSE AGAINST PUBLIC ADMINISTRATION THAT OCCURRED DURING THEIR TIME
  IN  OFFICE  SHALL  FORFEIT RIGHTS TO THEIR BENEFITS EARNED WHILE IN SUCH
  OFFICE.
    S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
  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.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89060-01-3